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HomeMy WebLinkAbout06/18/2009 AGENDA BACKUPCentral Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 18, 2009 No.: 4.c. Consent Calendar Type of Action: ACCEPT CONTRACT WORK/AUTHORIZE FILING OF THE NOTICE OF COMPLETION Subject: ACCEPT THE CONTRACT WORK FOR THE TREATMENT PLANT SITE - IMPROVEMENTS, DISTRICT PROJECT 7251, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION Submitted By: Initiating Dept. /Div.: Munawar Husain, Associate Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: BTT M. Husain B. Than T .Kaekf A. Farrell James M ally, General anager ISSUE: Construction has been completed on the Treatment Plant Site Improvements, District Project 7251, and the work is now ready for acceptance. RECOMMENDATION: Accept the contract work for the Treatment Plant Site Improvements, District Project 7251, and authorize filing of the Notice of Completion. FINANCIAL IMPACTS: None related to this action. ALTERNATIVES /CONSIDERATIONS: Not applicable. Filing the Notice of Completion is advisable under the California Civil Code, Section 3093. BACKGROUND: The project work included: site drainage modifications; concrete flatwork and paving; roadway modifications; permeable pavement installation; demolition of railroad tracks; site pavement; pavement repairs; pavement sealing and striping; installation of fences and gates; and installation of handrails, landscaping work and modifications in parking areas of the Headquarters Office Building, Plant Operations Building, Laboratory, Household Hazardous Waste Collection Facility, and the Annex to meet compliance of requirements of the Americans with Disability Act (ADA). On April 3, 2009, the Board of Directors authorized the award of a contract for the construction of the project to Lister Construction, Inc. The Notice to Proceed was issued on May 2, 2008. The work was substantially completed on March 27, 2009. The remaining items of work consist of minor punch -list items, which do not affect the project acceptance. Immediately upon acceptance, the Contractor is relieved of the duty of maintaining and protecting the Contract work. Guaranty and warranty periods required by the Contract and the statutory period for filing of liens and Stop Notices start on the date of N:\PESUMPosition Papers \HUSAIN \7251 Acceptance.doc Page 1 of 2 POSITION PAPER Board Meeting Date: June 18, 2009 subject. ACCEPT THE CONTRACT WORK FOR THE TREATMENT PLANT SITE IMPROVEMENTS, DISTRICT PROJECT 7251, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION acceptance by the Board of Directors. Final payment to the Contractor is made after expiration of the statutory period for filing of liens and Stop Notices, provided no liens or Stop Notices have been filed, and provided the punch -list items have been completed. The total authorized budget for the project is $2,784,000. The budget includes the cost of engineering design, construction management and inspection, testing services, and contractor services. An accounting of the project costs will be provided to the Board at the time of project closeout. It is appropriate to accept the contract work at this time. RECOMMENDED BOARD ACTION: Accept the contract work for the Treatment Plant Site Improvements, District Project 7251, and authorize filing of the Notice of Completion. N:\PESUP \Position Papers \HUSAIN \7251 Acceptance.doc Page 2of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS W_ POSITION PAPER Board Meeting Date: June 18, 2009 No.: 4,d. Consent Calendar Type of Action: ACCEPT CONTRACT WORK/AUTHORIZE FILING OF THE NOTICE OF COMPLETION subject: ACCEPT THE CONTRACT WORK FOR THE DANVILLE SEWER RENOVATIONS, PHASE 2, DISTRICT PROJECT NO. 5954, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION Submitted By: Initiating Dept/Div.: Alex Rozul, Senior Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION., �ul ki A. Farrell ames M. elly, eneral Manager ISSUE: Construction has been completed on the Danville Sewer Renovations, Phase 2, District Project 5954, and the work is now ready for acceptance. RECOMMENDATION: Accept the contract work for the Danville Sewer Renovations, Phase 2, District Project 5954, and authorize filing of the Notice of Completion. FINANCIAL IMPACTS: None related to this action. ALTERNATIVES /CONSIDERATIONS: Not applicable. Filing the Notice of Completion is advisable under the California Civil Code, Section 3093. BACKGROUND: This project was the second phase of three in Danville. District staff accelerated the schedule for this project to coordinate with Danville's paving plans for this summer. The Danville Sewer Renovations, Phase 2, replaced 1,300 linear feet of 6 -inch sewer lines and appurtenant manholes by open cut in the public rights -of -way in the northwestern corner of Danville. On March 19, 2009, the Board of Directors authorized the award of a contract for the construction of the project to McNamara and Smallman. The Notice to Proceed was issued on April 20, 2009. The work was substantially completed on May 29, 2009. The remaining items of work consist of minor punch -list items, which do not affect the project acceptance. N: \PESUP \Cbradley \POSITION PAPERS \Rozu1\5954 - AcceptContractWork.doc Page 1 of 2 POSITION PAPER Board Meeting Date: June 18, 2009 Subject ACCEPT THE CONTRACT WORK FOR THE DANVILLE SEWER RENOVATIONS, PHASE 2, DISTRICT PROJECT NO. 5954, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION Immediately upon acceptance, the Contractor is relieved of the duty of maintaining and protecting the Contract work. Guaranty and warranty periods required by the Contract and the statutory period for filing of liens and Stop Notices start on the date of acceptance by the Board of Directors. Final payment to the Contractor is made after expiration of the statutory period for filing of liens and Stop Notices, provided no liens or Stop Notices have been filed, and provided the punch -list items have been completed. The total authorized budget for the project is $330,000. The budget includes the cost of engineering design, construction management and inspection, testing services, and contractor services. An accounting of the project costs will be provided to the Board at the time of project closeout. It is appropriate to accept the contract work at this time. RECOMMENDED BOARD ACTION: Accept the contract work for the Danville Sewer Renovations, Phase 2, District Project No 5954 and authorize filing of the Notice of Completion. N:\PESUP \Cbradley \POSITION PAPERS \Rozu1\5954 - AcceptContractWork.doc Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 18, 2009 No.: 4.e. Consent Calendar Type of Action: INFORMATIONAL Subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE AERATION AIR RENOVATIONS, PHASE 1, DISTRICT PROJECT 7207 Submitted By: Initiating Dept. /Div.: Nathan Hodges, Assistant Engineer Engineering /Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: 9-TT nT l NN es cki A amesM elly, ener ISSUE: All work has been completed on the Aeration Air Renovations, Phase 1, District Project 7207, and this project can now be closed out. RECOMMENDATION: Closeout the project. FINANCIAL IMPACTS: This closeout will result in approximately $78,945 being returned to the Treatment Plant Program. Attachment 1 shows the project expenditures by category. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: Over the years, Treatment Plant Operations staff observed that a significant amount of air has been escaping the aeration tanks. The escaping air leads to inefficiencies in the aeration air system and could cause structural problems to the aeration basins. It is believed that cracks in the concrete foundation are the primary source of air leaks into the soil from the aeration air system. The Aeration Air Renovations Project, Phase 1, DP 7207, sealed cracks in Tank 1 of the aeration basin foundation via grout injection and a seal coat. Work to seal Tank 2 is currently underway as part of District Project 7274, Aeration Air Renovations, Phase 2. The repairs to Tank 1 have resulted in an approximately 25 percent decrease in the amount of air required to meet process needs. Staff will continue to monitor the amount of air usage to get a better sense of the decrease once work is completed on Tank 2. On May 15, 2008, the Board of Directors authorized the award of a construction contract for this work to NCCI, Inc. The Contractor was issued a Notice to Proceed that was effective June 2, 2008, with a completion date of November 8, 2008. The project was accepted by the Board on December 4, 2008. N: \PESUP \Position Papers \Hodges \7207_closeout_Final.doc Page 1 of 3 POSITION PAPER Board Meeting Date: June 18, 2009 Subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE AERATION AIR RENOVATIONS, PHASE 1, DISTRICT PROJECT 7207 During the course of construction, the Board was asked to approve several major change orders to address field conditions. On July 3, 2008, the Board approved $97,000 for gasket and retaining rings that needed to be replaced. On August 7, 2008, the Board approved up to $500,000 for additional grout and $50,000 for new relief valves. The additional grout was needed due to the more extensive cracking and sub- base voids encountered. Staff expended approximately $374,000 on additional grout. The original construction contract amount was $1,429,972. There were thirteen (13) construction change orders issued in the total amount of $674,912. The total amount paid to the Contractor was $2,104,884. The total authorized budget for the project was $2,513,500, which included a contingency of $764,528. The total project cost was $2,434,555, which is approximately three percent less than the budgeted amount. The project closeout will result in $78,945 being returned to the Treatment Plant Program (see Attachment 1 for Expenditure Summary). RECOMMENDED BOARD ACTION: This item is presented to the Board of Directors for information. No action is necessary. N1PESUP \Position Papers \Hodgesk7207_closeout_Final.doc Page 2 of 3 ATTACHMENT AERATION AIR RENOVATIONS, PHASE DISTRICT PROJECT 7207 EXPENDITURE SUMMARY ACTIVITY COST Total Budget $2,513,500 Construction Contract $1,429,972 Change Orders $674,912 Change Order % of Construction 47% Total Construction Amount $2,104,884 Engineering, Design, CM, Admin. $329,671 Engineering, Design, CM, Admin. - % of Construction 16% TOTAL PROJECT EXPENDITURES $2,434,555 Amount to be Returned to Treatment Plant Program $78,945 NAPESUP \Position Papers \Hodges \7207_closeout_Final.doc Page 3 of 3 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 18, 2009 Type of Action: INFORMATIONAL No.: 4.f. Consent Calendar subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE WALNUT CREEK SEWER RENOVATIONS, PHASE 6, DISTRICT PROJECT 5972 Submitted By: Initiating Dept. /Div.: Munawar Husain, Associate Engineer Engineering /Capital Projects REVIEWED AND FOR BOARD ACTION: M. Husain A.A. Antkoviak ki A. Farrell J n s M. elly, eneral Manager ISSUE: All work has been completed on the Walnut Creek Sewer Renovations, Phase 6, District Project 5972, and this project can now be closed out. RECOMMENDATION: Close out the project. FINANCIAL IMPACTS: This closeout will result in approximately $1,500 being returned to the Collection System Program. Attachment 1 shows the project expenditures by category. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: The Walnut Creek Sewer Renovations, Phase 6, project included renovating approximately 10,000 feet of 6- and 8- inch pipe in Walnut Creek and Lafayette. The open -cut method of installation was used for several streets in Walnut Creek. The pipe -burst method was used for work done in easements behind Buena Vista Elementary School and residential homes along Encinal Drive and Oakland Boulevard. This method was also applied in a small section of Mt. Diablo Boulevard in Lafayette. On May 1, 2008, the Board of Directors authorized the award of a construction contract for this work to McNamara and Smallman. The Contractor was issued a Notice to Proceed on May 27, 2008. The project was accepted by the Board on April 2, 2009. The original construction contract amount was $1,704,806. There were eleven (11) construction change orders issued in the total amount of $84,260 to address numerous unknown utility conflicts and to add work on Lacassie Lane. The total amount paid to the Contractor was $1,789,066. The total authorized budget for the project was $2,739,000, which included a contingency of $255,194. The total project cost was $2,737,500, which is approximately .05 percent less than the budgeted amount. The project closeout will N: \PESUP \Cbradley \POSITION PAPERS \Husain \5972 Closeout.doc Page 1 of 3 POSITION PAPER Board Meeting Date: June 18,2009 Subject ADVISE THE BOARD OF THE CLOSEOUT OF THE WALNUT CREEK SEWER RENOVATIONS, PHASE 6, DISTRICT PROJECT 5972 result in $1,500 being returned to the Collection System Program (see Attachment 1 for Expenditure Summary). RECOMMENDED BOARD ACTION: This item is presented to the Board of Directors for information. No action is necessary. N:\PESUP \Cbradley \POSITION PAPERS \Husain \5972 Closeout.doc Page 2 of 3 ATTACHMENT WALNUT CREEK SEWER RENOVATIONS, PHASE 6 DISTRICT PROJECT 5972 EXPENDITURE SUMMARY ACTIVITY COST Total Budget . $2,739,000 Construction Contract $1,704,806 Change Orders $84,260 Change Order % of Construction 5% Total Construction Amount $1,789,066 Right of Way $291,200 Right of Way - % of Construction 16.3% Engineering, Design, CM, Admin. $657,234 Engineering, Design, CM, Admin. - % of Construction 36.7% TOTAL PROJECT EXPENDITURES $2,737,500 Amount to be returned to Collection System Program $1,500 N: \PESUP \Cbradley \POSITION PAPERS \Husain \5972 Closeout.doc Page 3 of 3 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 18, 2009 No.: 4.g. Consent Calendar Type of Action: INFORMATIONAL Subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE ULTRAVIOLET DISINFECTION EXPANSION PROJECT. DISTRICT PROJECT 7240 Submitted By: Initiating Dept. /Div.: Clint T. Shima, Assistant Engineer Engineering /Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: 4L� ST I /v/)��{C.IJo) / /�1I� C. Shima B. Than cki A. Farrell James . Kelly, General Manager ISSUE: All work has been completed on the Ultraviolet Disinfection Expansion Project, District Project 7240, and this project can now be closed out. RECOMMENDATION: Closeout the project. FINANCIAL IMPACTS: This closeout will result in approximately $740,000 being returned to the Treatment Plant Program. Attachment 1 shows the project expenditures by category. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: The Ultraviolet Disinfection Expansion Project installed six (6) new ultraviolet disinfection units that match the existing system, and expands the process capacity to 125 MGD. One (1) channel influent gate and eight (8) channel effluent gates were also replaced as part of the project. During construction, a second influent gate was determined to need replacement, and was then added as part of the work. The increased UV disinfection capacity will significantly reduce the need to bypass partially treated wastewater to the holding basins and potentially to Walnut Creek during wet weather events. On April 6, 2006, the Board of Directors authorized the award of a construction contract for this work to D.W. Nicholson Corporation. The Contractor was issued a Notice to Proceed that was effective May 8, 2006, with a completion date of July 31, 2007. The project was accepted by the Board on November 8, 2007. The original construction contract amount was $2,923,350. After award of the construction contract, staff decided to perform PLC programming in -house resulting in a negative change order of $150,000. There were a total of five (5) construction change orders issued in the total amount of ($64,268). The total amount paid to the Contractor was $2,859,082. k \PESUMPosition Papers \Shima\ 7240 - position - paper- closeout.doc Page 1 of 3 POSITION PAPER Board Meeting Date: June 18, 2009 subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE ULTRAVIOLET DISINFECTION EXPANSION PROJECT, DISTRICT PROJECT 7240 The total authorized budget for the project was $4,584,000, which included a contingency of $610,650. The total project cost was $3,837,880, which is approximately 16 percent less than the budgeted amount. The project closeout will result in $740,000 being returned to the Treatment Plant Program (see Attachment 1 for Expenditure Summary). RECOMMENDED BOARD ACTION: This item is presented to the Board of Directors for information. No action is necessary. N:\PESUP \Position Papers \Shima\ 7240 - position - paper - closeout.doc Page 2 of 3 ATTACHMENT ULTRAVIOLET DISINFECTION EXPANSION PROJECT DISTRICT PROJECT 7240 EXPENDITURE SUMMARY ACTIVITY COST Total Budget $4,584,000 Construction Contract $2,923,350 Patent Fee — Trojan Technologies Inc. $160,000 Change Orders ($64,268) Change Order % of Construction -2% Total Construction Amount $2,859,082 Engineering, Design, CM, Admin. $818,798 Engineering, Design, CM, Admin. - % of Construction 28.6% TOTAL PROJECT EXPENDITURES $3,837,880 Amount to be Returned to Treatment Plant Program $740,000 N: \PESUP \Position Papers \Shima\ 7240 - position - paper - closeout.doc Page 3 of 3 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 18, 2009 Type of Action: INFORMATIONAL No.: 4.h. Consent Calendar subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE CAMINO PABLO SEWER IMPROVEMENT AND FLUSH KLEEN FORCE MAIN RENOVATION PROJECT, DISTRICT PROJECT 5946 -5949 Submitted By: InitiatingDept/Div.: Munawar Husain, Associate Engineer Engineering /Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: M. Husain A. Rozul T. t ecki ow A. Farrell emes M. Ily, e neral M ager ISSUE: All work has been completed on Camino Pablo Sewer Improvement and Flush Kleen Force Main Renovation Project, District Project 5946 -5949, and this project can now be closed out. RECOMMENDATION: Closeout the project. FINANCIAL IMPACTS: This closeout will result in approximately $41,700 being returned to the Collection System Program. Attachment 1 shows the project expenditures by category. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: The Camino Pablo Trunk Sewer Improvement Project renovated approximately 3,000 linear feet of 6 -, 8 -, 10 -, and 12 -inch sewer lines in Orinda. Construction of the sewer in easements involved close cooperation with customers for site access and restoration. The Flush Kleen Pumping Station is located in the East Bay Municipal Utility District (EBMUD) potable water watershed, and a high level of reliability of the pumping station and force main has to be maintained. The pumping station has two parallel force mains, one 6 -inch and one 10 -inch. The Flush Kleen Force Main Renovation, District Project 5949, replaced approximately 1,725 linear feet of both force mains with new 8 -inch diameter PVC pressure pipe. On June 5, 2008, the Board of Directors authorized the award of a contract for the construction of the project to California Trenchless, Inc. The Notice to Proceed was issued on June 12, 2008. The work was substantially completed on December 24, 2008. The project was accepted by the Board on April 16, 2009. N: \PESUP \Cbradley \POSITION PAPERS \Husain \5946 -5949 Closeout.doc Page 1 of 3 POSITION PAPER Board Meeting Date: June 18, 2009 subject. ADVISE THE BOARD OF THE CLOSEOUT OF THE CAMINO PABLO SEWER IMPROVEMENT AND FLUSH KLEEN FORCE MAIN RENOVATION PROJECT, DISTRICT PROJECT 5946 -5949 The original contract amount was $1,153,880. There were twelve (12) construction change orders issued in the total amount of $150,499. These change orders addressed utility conflicts, changed site conditions, and additional urgent work for Collection System Operations (CSO) on El Toyonal. The total authorized budget for the project was $2,075,000, which included a contingency of $307,400. The total project cost was $2,033,300, which is approximately 2 percent less than the budgeted amount. The project closeout will result in $41,700 being returned to the Collection System Program (see Attachment for Expenditure Summary). RECOMMENDED BOARD ACTION: This item is presented to the Board of Directors for information. No action is necessary. N:\PESUP\Cbradley \POSITION PAPERS \Husain \5946 -5949 Closeout.doc Page 2 of 3 ATTACHMENT CAMINO PABLO SEWER IMPROVEMENT AND FLUSH KLEEN FORCE MAIN RENOVATION PROJECT DISTRICT PROJECT 5946 -5949 EXPENDITURE SUMMARY ACTIVITY COST Total Budget $2,075,000 Construction Contract $1,153,880 Change Orders $150,499 Change Order % of Construction 13% Total Construction Amount $1,304,379 Right of Way $60,102 Right of Way - % of Construction 4.6% Engineering, Design, CM, Admin. $668,819 Engineering, Design, CM, Admin. - % of Construction 51.3% TOTAL PROJECT EXPENDITURES $2,033,300 Amount to be returned to Collection System Program $41,700 N: \PESUP \Cbradley \POSITION PAPERS \Husain \5946 -5949 Closeout.doc Page 3 of 3 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 18, 2009 No.: 4.i. Consent Calendar Type of Action: INFORMATIONAL sub /ect: ADVISE THE BOARD OF THE CLOSEOUT OF THE SOUTH ORINDA SEWER RENOVATIONS, PHASE 3, DISTRICT PROJECT NO. 5985 Submitted By: Initiating Dept /Div.: Nathaniel Morales, Assistant Engineer Engineering /Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: re iL A AJAq,%�k _42- - N. Morales A. Antkowiak ecki A. Farrell James .Kelly, Genera Manager ISSUE: All work has been completed on the South Orinda Sewer Renovations, Phase 3, District Project No. 5985, and this project can now be closed out. RECOMMENDATION: Closeout the project. FINANCIAL IMPACTS: This closeout will result in approximately $153,700 being returned to the Collection System Program. Attachment 1 shows the project expenditures by category. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: This project is the third phase of six in South Orinda. The project work included renovations of 6,700 linear feet of 6- and 8 -inch sewer lines by open cut and pipe- bursting methods in public rights -of -way in South Orinda. On August 7, 2008, the Board of Directors authorized the award of a construction contract for this work to K.J. Woods Construction, Inc. The Contractor was issued a Notice to Proceed that was effective September 16, 2008, with a completion date of February 13, 2009. The Board accepted the project on April 16, 2009. The original construction contract amount was $1,138,000. There were three (3) construction change orders issued in the total amount of $48,769. The total amount paid to the Contractor was $1,186,769. The total authorized budget for the project was $1,751,000, which included a contingency of $170,700. The total project cost was $1,597,300, which is approximately 8.8 percent less than the budgeted amount. The project closeout will result in $153,700 being returned to the Collection System Program (see Attachment for Expenditure Summary). RECOMMENDED BOARD ACTION: This item is presented to the Board of Directors for information. No action is necessary. N: \PESUP \Cbradley \POSITION PAPERS \Morales \5985 Closeout.doc Page 1 of 2 ATTACHMENT SOUTH ORINDA SEWER RENOVATIONS, PHASE 3 DISTRICT PROJECT 5985 EXPENDITURE SUMMARY ACTIVITY COST Total Budget $1,751,000 Construction Contract $1,138,000 Change Orders $48,769 Change Order % of Construction 4.3% Total Construction Amount $1,186,769 Engineering, Design, CM, Admin. $410,531 Engineering, Design, CM, Admin. - % of Construction 34.6% TOTAL PROJECT EXPENDITURES $1,597,300 Amount to be Returned to Collection System Program $153,700 N: \PESUP \Cbradley \POSITION PAPERS \Morales \5985 Closeout.doc Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 18, 2009 No.: 4.j . Consent Calendar Type of Action: INFORMATIONAL subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE SERVICE AIR SYSTEM IMPROVEMENTS, DISTRICT PROJECT 7210 Submitted By: Initiating Dept. /Div.: Gary Rathunde, Associate Engineer Engineering /Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: —6. Rathunde B. Than c k i A. Farfell James Kelly, General anager ISSUE: All work has been completed on the Service Air System Improvements, District Project 7210, and this project can now be closed out. RECOMMENDATION: Close out the project. FINANCIAL IMPACTS: This closeout will result in approximately $265,171 being returned to the Treatment Plant Program. Attachment 1 shows the project expenditures by category. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: Service air is used throughout the treatment plant for process level control, equipment operation, and maintenance activities. It is a critical utility system that has limited redundancy and without which the treatment plant cannot reliably operate. In the mid- 1980s, two Atlas Copco air compressors were installed in the Pump and Blower Building to replace the high maintenance, unreliable equipment installed during the treatment plant expansion of the mid 1970s. Normal operation utilizes one air compressor while the second compressor serves as standby. The treatment plant has experienced increases in service air usage resulting in the occasional need to run both compressors simultaneously. Also, the existing compressors are reaching the end of the typical service life of 135,000 hours. This project installed two new compressors and rehabilitated an existing compressor to function as a second standby unit. Additional modifications included three new air dryers, a new 5,000 - gallon air receiver tank, and a new heat exchanger skid to provide cooling for all the equipment. The project also installed a diesel driven compressor in the Solids Conditioning Building to provide backup service air for the treatment plant's cogeneration unit to increase the reliability in the event of a power failure. N: \PESUP \Position Papers \Rathunde \72W CloseOut.doc Page 1 of 3 POSITION PAPER . Board Meeting Date: June 18, 2009 subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE SERVICE AIR SYSTEM IMPROVEMENTS, DISTRICT PROJECT 7210 On January 11, 2007, the Board of Directors authorized the award of a construction contract for this work to Monterey Mechanical Company. The Contractor was issued Notice to Proceed that was effective February 20, 2007. The work was substantially completed on June 2, 2008. The Board accepted the project on July 17, 2008. The original construction contract amount was $1,503,800. There were three (3) construction change orders issued in the total amount of $22,367. The total amount paid to the Contractor was $1,526,167. The total authorized budget for the project was $2,264,000, which included a contingency of $300,200. The total project cost was $1,998,829, which is approximately 11.7 percent less than the budgeted amount. The project closeout will result in $265,171 being returned to the Treatment Plant Program (see Attachment 1 for Expenditure Summary). RECOMMENDED BOARD ACTION: This item is presented to the Board of Directors for information. No action is necessary. N:\PESUP \Position Papers \Rathunde \7210 CloseOut.doc Page 2 of 3 ATTACHMENT DISTRICT PROJECT SERVICE AIR SYSTEM IMPROVEMENTS DISTRICT PROJECT 7210 EXPENDITURE SUMMARY ACTIVITY COST Total Budget $2,264,000 Construction Contract $1,503,800 Change Orders $22,367 Change Order % of Construction 1.5 Total Construction Amount $1,526,167 Engineering, Design, CM, Admin. $472,662 Engineering, Design, CM, Admin. - % of Construction 31 TOTAL PROJECT EXPENDITURES $1,998,829 Amount To Be Returned To Treatment Plant Program $265,171 WPESUP \Position Papers \Rathunde \7210 CloseOut.doc Page 3 of 3 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 18, 2009 No.: 4.k. Consent Calendar Type of Action: INFORMATIONAL Subject ADVISE THE BOARD OF THE CLOSEOUT OF TEN CAPITAL IMPROVEMENT PROJECTS Submitted By Initiating Dept /Div.: Earlene Millier, Engineering Asst. III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: &L N — &-- Mrlllier d. Chesler C. Swanson A. Farrell J es M. elly, neral M nager ISSUE: Work has been completed on ten capital improvement projects. The financial results are reported to the Board prior to closing the projects' accounts. RECOMMENDATION: This item is presented to the Board of Directors for information only. No action is necessary. FINANCIAL IMPACTS: As a result of the close out of these projects, $448,950 is being returned to the Treatment Plant, Collection System, and General Improvements Programs. No Recycled Water Program projects are closing at this time. ALTERNATIVES /CONSIDERATIONS: No alternatives have been prepared. This is an informational position paper. BACKGROUND: Ten capital improvement projects of less than $1 million in expenditures have been completed and staff is closing out the project accounts effective June 30, 2009. Below is a summary of the allocated budgets and expenditures for the projects by program. These closed projects will return a total of $448,950 to the Sewer Construction Fund. Projects with expenditures greater than $1 million will have their own position paper. Attachment 1 contains a brief summary for each project. Attachment 2 summarizes the allocated budgets and expenditures for each project. IL—Program Allocated Budget Expenditures' Under Spent = Amount Returned to Program Treatment Plant $1,414,000 $1,045,416 $368,584 Collection S stem $ 282,000 $ 243,672 $ 38,328 General Improvements $ 960,000 $ 917,962 $ 42,038 Totals $2,656,000 $2,207,050 $448,950 RECOMMENDED BOARD ACTION: No action is necessary. NIENVRSEMPosition Papers \Mi11ier\2009 \PP 2009 Closeout_of_Projecls'. Rev. 2 - 6- 18- 09.DOC Attachment 1 Project Descriptions Treatment Plant Program Proiect # Budget Proiect Title DP 7232 $75,000 Primary Sedimentation Tanks Improvements This project compiled a plan for needed improvements in the Primary Area of the Treatment Plant. This work will be incorporated into future capital projects in the Primary Area. This work also provided information for the Asset Management Program in the Primary Area. DP 7242 $250,000 Treatment Plan As -Built I/E Drawings This project converted the instrumentation and electrical drawings from the 5A project into CAD (computer -aided design) files. These files are now updated when changes are found in the field or modifications are made to the system to maintain an accurate As -Is set of drawings. Since the conversion and initial updates to the drawings were made, the Engineering Support Section has maintained the As -Is drawing set on the AM /CADD system. Future updates will be made as the treatment plant changes. These updates will be funded by capital projects that affect the electrical systems, instrumentation systems and underground piping, or under Operations and .Maintenance if not related to a capital project. DP 7250 $114,000 Dilution Study This project evaluated the dilution ratio of the District's effluent flow at the point of discharge into Suisun Bay. DP 7258 , $875,000 DAF Polymer System Improvements The DAFT Polymer System Improvements project installed an automatic liquid polymer addition system for the three DAFTs (Dissolved Air Flotation Tanks). This replaced the existing dry polymer batching system, which was manual and unreliable. The polymer addition_ is necessary to maintain the performance of the three DAFTs during seasonal variations in the secondary process or during plant upsets. DP 7262 $100,000 Clarifier Scum Pit Modifications This project addresses a potential safety hazard of exposed wires in the secondary clarifier scum pits. Over time the corrosive environment has deteriorated the existing PVC - coated conduits at the joints. This project reroutes power and signal conduits safely outside the pits, and is being constructed under the Treatment Plant Piping Renovations, Phase 4 Project, DP 7216. NAENVRSEMPosition PapersWilliert2009Wttach 1 2009 Closeouts' -. 6- 18- 09.doc Collection System Program Project # Budget Project Title DP 5668 $25,000 Creek Crossing Renovation / Protection This project involved identifying aerial creek crossings of sewers, mapping them on GDI and evaluating them for needed repairs. A comprehensive list of creek crossings was developed and includes subsurface and near surface crossings. CSO has a program to periodically visit critical creek crossing sites. DP 5912 $215,000 Grease Control Issues This project evaluated current policy and possible modifications to the District's fats, oils and grease (FOG) control program. The goal of the project was to create an ongoing system to reduce the highest frequency (greater than annual) maintenance of sewer mains. This project supplied information on flat and aged sections of the collection system, and this information has delayed or accelerated some projects and provided information to assist in planning projects to renovate these areas. DP 5936 $17,000 Pumping Station Aesthetics This project work included evaluating aesthetic deficiencies at various pumping stations throughout the District's service area. As a result of the evaluation, the exterior of the Lower Orinda Pumping Station was repainted. DP 5939 $25,000 Lower Orinda Pumping Station SCADA Update Following the renovation of the San Ramon Pumping Station and the Lower Orinda Pumping Station, various changes and updates to the SCADA control system were necessary. This project consisted of modifying local PLC programming, control strategies, and SCADA systems at the Lower Orinda.and San Ramon pumping stations. General Improvements Program Proiect # Budget Proiect Title DP 8179 $960,000 District Easement Acquisition This project acquired easements not included in particular sewer renovation projects, and provided funds for perfecting easement rights for renovation projects that have been closed out. These include new or upgraded easements over existing or relocated sewers or other facilities, or where an existing easement is exchanged for a new easement due to the sewer having been built outside of its original easement. N: \ENVRSEC \Position PapersWillier\2009 Attach 1 2009 Closeouts .6- 18- 09.doc ATTACHMENT CAPITAL PROJECTS TO BE CLOSED OUT TREATMENT PLANT PROGRAM DISTRICT PROJECT N0, PROJECT TITLE ALLOCATED BUDGET EXPENDITURES* UNDERRUN 7232 Primary Sedimentation Tanks Improvements $ 75,000 $ 44,302 $ 30,698 7242 Treatment Plant As -Built I/E Drawings 250,000 22,057 227,943 7250 Dilution Study 114,000 93,662 20,338 7258 DAF Polymer System Improvements 875,000 836,169 38,831 7262 Clarifier Scum Pit Modifications 100,000 49,226 50,774 Program Totals $ 1,414,000 $ 1,045,416 $ 368,584 COLLECTION SYSTEM PROGRAM DISTRICT PROJECT PROJECT TITLE ALLOCATED BUDGET EXPENDITURES* UNDERRUN NO. BUDGET 5668 Creek Crossing Renovation /Protection $ 25,000 $ 6,876 $ 18,124 5912 Grease Control Issues 215,000 198,867 16,133 5936 Pumping Station Aesthetics 17,000 15,378 1,622 5939 Lower Orinda Pumping Station SCADA 25,000 22,551 2,449 Update Program Totals $ 282,000 $ 243,672 $ 38,328 GENERAL IMPROVEMENTS PROGRAM DISTRICT PROJECT PROJECT TITLE ALLOCATED EXPENDITURES* UNDERRUN NO. BUDGET 8179 District Easement Acquisition $ 960,000 $ 917,962 $ 42,038 Program Totals $ 960,000 $ 917,962 $ 42,038 * Expenditures are estimated. While they include expenditures through May, some additional charges will occur during June prior to the end of the fiscal year on the 30'". N: \ENVRSEC \Position Papers \Millier\2009\2009 Closeouts - Attachment 2 : Rev. 6- 18- 09.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 18, 2009 No.: 4.1. Consent Calendar Type of Action: AUTHORIZE AGREEMENT Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH KTA- TATOR, INC. FOR TECHNICAL CONSULTING SERVICES TO ASSESS THE CONDITION OF EXISTING COATINGS ON EQUIPMENT, TANKS, STRUCTURAL SUPPORTS, AND PIPING WITHIN THE TREATMENT PLANT FOR THE TREATMENT PLANT PROTECTIVE COATINGS, PHASE 4, DISTRICT PROJECT 7247 Submitted By: Initiating Dept. /Div.: Gary Rathunde, Associate Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: G. Rathunde B. Than ecki A. FarreV ames M Kelly, eneral anager ISSUE: Board of Directors' authorization is required for the General Manager to execute a technical consulting services agreement in an amount greater than $50,000. RECOMMENDATION: Authorize the General Manager to execute a technical consulting services agreement with KTA - Tator, Inc. with a cost ceiling of $80,000 to assess the condition of existing coatings on equipment, tanks, structural supports, and piping within the treatment plant for the Treatment Plant Protective Coatings, Phase 4. FINANCIAL IMPACTS: The condition assessment and report will be approximately $80,000. ALTERNATIVES /CONSIDERATIONS: It has been the District's practice to augment staff with consultants on specialty designs and larger projects. The Board could decide to delay or not perform the assessment. However, this is not recommended since the information gathered will be useful in developing future funding needs and prioritization, and will be part of the District's Treatment Plant Asset Management Program. BACKGROUND: The first three phases of the Treatment Plant Protective Coating Projects (DP 7212, 7221, and 7233) resulted from visual observation by treatment plant Operations staff who identified structures, vessels, piping and equipment throughout the plant with deteriorating conditions and which were in need of immediate surface rehabilitation or replacement. This project will build on the efforts of those recent projects by providing a detailed evaluation of the entire plant coating system to identify the critical infrastructure to be cleaned and coated as part of Phase 4 and future phases of the long term protective coating program. N: \PESUP \Position Papers \Rathunde \7247_Execute Agreement.doc 1 of 2 POSITION PAPER Board Meeting Date: June 18, 2009 Subject AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH KTA- TATOR, INC. FOR TECHNICAL CONSULTING SERVICES TO ASSESS THE CONDITION OF EXISTING COATINGS ON EQUIPMENT, TANKS, STRUCTURAL SUPPORTS, AND PIPING WITHIN THE TREATMENT PLANT FOR THE TREATMENT PLANT PROTECTIVE COATINGS, PHASE 4, DISTRICT PROJECT 7247 Conducting condition assessments in the treatment plant will allow for more accurate capital improvement planning and development of a predictive replacement program. The data collected during this study will be incorporated into the Treatment Plant Asset Management Plan Project (DP 7269). In accordance with the District's Consultant Procurement Procedure, Requests for Proposals were sent to five firms: KTA - Tator, Inc., West Coast Coating Consultants, Bay Area Coating Consultants, Inc., V &A Consulting Engineers, Inc., and Corrpro Companies, Inc. Phone interviews were conducted with the top two, and KTA - Tator, Inc. was selected for their approach, experience, and their sophisticated computer program that stores condition data, identifies appropriate coating strategies, recommends painting priorities, and provides cost estimates for the work. A technical consulting services agreement with a cost ceiling of $80,000 has been negotiated with KTA - Tator, Inc. KTA - Tator, Inc. will review record drawings, interview Operations and Maintenance staff, and conduct a field investigation of approximately 70 process areas within the treatment plant to determine if there is cracking, staining, rust, chalking, or other coating related damages. In addition, the coating thickness will be measured using nondestructive, magnetic dry-film thickness gages and the coatings will be evaluated for the presence of lead. KTA - Tator, Inc. will document their findings and data, and will provide recommendations for further monitoring and for rehabilitation, including cost estimates, to maintain the District's facilities. The Treatment Plant Protective Coatings, Phase 4, is included in the 2008 -2009 Capital Improvement Budget on pages TP -79 and TP -80. Staff has determined that there are adequate funds available and that the expenditure requirements are consistent with the Treatment Plant Program. Staff has concluded that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 15301 since it involves minor alterations to an existing public facility. Approval of this project will establish the Board of Directors' independent finding that this project is exempt from CEQA. RECOMMENDED BOARD ACTION: Authorize the General Manager to execute a professional services agreement with KTA - Tator, Inc. with a cost ceiling of $80,000 to assess the condition of existing coatings on equipment, tanks, structural supports, and piping within the treatment plant for the Treatment Plant Protective Coatings, Phase 4, District Project 7247. N:\PESUP \Position Papers \Rathunde \7247_Execute Agreement.doc 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 18, 2009 No.: 4 .m. Consent Calendar Type of Action: RENEW INSURANCE COVERAGES FOR FISCAL YEAR 2009 -10 Subject. AUTHORIZE GENERAL MANAGER TO RENEW INSURANCE COVERAGES FOR FISCAL YEAR 2009 -10 Submitted By. Initiating Dept ✓Div.: Shari Deutsch, Safety & Risk Administration /Safety & Risk Management Management Administrator REVIEWED AND RyEEC�yOJ�M�MENDED FOR BOARD ACTION: S. Deutsch - t'. , Y'grave James . Kelly, Genera anager ISSUE: The District purchases commercial insurance to cover general and auto liability, pollution legal liability, and employment practices liability losses. Current insurance policies expire on June 30, 2009 and renewal pricing must be reviewed prior to binding renewal coverage. RECOMMENDATION: Review and approve renewal pricing and authorize the General Manager to bind renewal coverage as follows: . Policy Type Retention Coverage Limit Premium Change Excess Liability $1,000,000 $15,000,000 -2% Pollution Legal Liability (HHW) $50,000 $10,000,000 <1% Employment Practices Liability $15,000 (gap coverage) $1,000,000 1% FINANCIAL IMPACTS: The impact of the proposed recommendation is a reduction of $2,395 in these insurance premiums from $297,033 in fiscal year 2008 -09 to $294,638 in fiscal year 2009 -10. ALTERNATIVES /CONSIDERATIONS: The alternatives to the recommended action are to purchase coverage from other insurance companies that provided quotes to Alliant or to adjust the District's retention on these policies. Staff reviewed proposals from other interested insurance companies including ACE American Insurance Company, Alliance National Municipal League and Besso London and is awaiting a revised quote from Everett National Insurance. Staff is not recommending any changes in insurance companies at this time. POSITION PAPER Board Meeting Date: June 18, 2009 subject. AUTHORIZE GENERAL MANAGER TO RENEW INSURANCE COVERAGE FOR FISCAL YEAR 2009 -10 BACKGROUND: Because all District liability policies are currently written by AIG -owned insurance companies, staff asked Alliant Insurance Services to secure additional quotes on these coverages. Unfortunately, this resulted in a delay in getting complete renewal pricing in time for presentation at the June 4, 2009 Board Meeting. Even now, we are still awaiting a revised quote from an alternate carrier. However, there is sufficient information to make renewal recommendations at this time. The District's favorable loss history has continued through fiscal year 2008 -09. However, given the weakened state of the economy and the significant reduction insurance companies have seen in investment income, staff anticipated moderate rate increases in all lines of liability coverage. At this time, our quotes for both excess liability and pollution coverage have come in lower than the expiring premium. Our employment practices liability premium has increased slightly this year. However, the renewal price is $700 lower than the premium paid in fiscal year 2007 -08. The following table shows expiring and renewal premiums for each insurance policy. Policy Form Retention /Limit Expiring Premium Renewal Premium $$ Change % Change Excess Liability Occurrence $1 mil / $15 mil $201,978 $198,000 ($3,978) 2% Pollution Occurrence $50k / $10 mil $78,648 $78,593 ($55) -<l% EPL Claims Made $15k / $1 mil $16,407 $18,045 1 ($2,395) <1% As noted above, staff is awaiting one additional quote from an excess liability carrier. Pricing indications suggest a greater premium reduction than that offered by our current insurer but coverage terms and conditions are more restrictive than our expiring policy. If, upon receipt of this quote, further action is recommended, staff will provide the Budget & Finance Committee with the recommendation and analysis for its review and approval. At this time, however, staff recommends renewing coverage at the above pricing with the expiring insurance companies. Other Insurance - Property: The District purchases property insurance through the California Sanitation Risk Management Authority ( CSRMA). CSRMA offers the coverage through a group purchase program of over 1,300 participating public entities POSITION PAPER Board Meeting Date: June 18, 2009 subject. AUTHORIZE GENERAL MANAGER TO RENEW INSURANCE COVERAGE FOR FISCAL YEAR 2009 -10 and between 35 and 40 different insurance and reinsurance companies in any given year. Since Alliant has not yet received renewal quotes from all participating insurers, renewal pricing is not yet available. Most US property insurers are increasing rates, most likely to offset continued reductions in investment income. With this in mind, staff has budgeted for a 15% increase in the property insurance premium. At this time, staff recommends renewing the property coverage through CSRMA's group purchase program with a rate increase not to exceed 15% or a maximum of $105,000. Other Insurance — Workers' Compensation: The District is a member of CSRMA's Workers' Compensation insurance pool. Renewal pricing for this coverage depends on the cost of the pool's excess insurance and individual members' experience modifiers. Given the increase in both the frequency and severity of the District's Workers' Compensation claims over the last two years, the District's experience modifier has been raised from .79 to .97. In addition, Alliant Insurance Services is anticipating a 10% increase in Workers' Compensation costs for 2009 -10. As a result, we anticipate Workers' Compensation premium increases from 10% to 15% over the expiring premium of $460,698. Renewal rates and any applicable dividends from prior years must be approved by the CSRMA Board of Directors before members receive final renewal premiums. As in the past, staff will report the final Workers' Compensation premium to the Budget and Finance Committee as soon as it becomes available. One Final Note — AIG: Since AIG is the District's primary commercial insurer, staff has been monitoring its financial and legal position in the US marketplace. In March 2009, AIG created AIU Holdings to spin off its property and casualty insurance companies from the parent company and its financial products divisions. All of the insurance companies providing coverage to the District have been moved into the AIU Holdings corporate structure. At this time, AIU Holdings is well - capitalized and does not require government assistance to operate successfully. RECOMMENDED BOARD ACTION: Authorize the General Manager to renew insurance coverage for excess liability, pollution (HHW) liability, and employment practices liability as quoted with expiring terms and conditions, to renew property coverage at rates not to exceed a 15% increase or $105,000 and to renew and report final Workers' Compensation premiums to the Budget and Finance Committee upon receipt. Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 18, 2009 No.: 4.n. Consent Calendar Type of Action: ADOPT RESOLUTION Subject: ADOPT A RESOLUTION ACCEPTING A GRANT OF EASEMENT FROM CONTRA COSTA COUNTY FOR AN EASEMENT ON THE LANDS COMMONLY REFERRED TO AS BUCHANAN FIELDS GOLF COURSE (APNS: 125 - 010 -022 AND 125 - 010 -023) Submitted By: Initiating Dept /Div.: Stephanie R. Gronlund, Associate Engineer Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: L S. G fund 'C Swanson A. Farrell K. Alm James . KeIIY, General Manager ISSUE: A resolution of the Board of Directors is required to accept or quitclaim easements and to record the documents. RECOMMENDATION: Adopt a resolution accepting a grant of easement and authorizing staff to record the document with the Contra Costa County Recorder. FINANCIAL IMPACTS: $47,000 to be paid to the County as full compensation for the acquisition of the perpetual easement upon recording of said Grant of Easement Deed. District to also compensate Contra Costa County in the amount of $3,400 for use of a temporary construction easement and $66,000 for replacement of on -site wells and trees removed during the construction of the sewer through the golf course. ALTERNATIVES /CONSIDERATIONS: None. The A -Line Relief Interceptor has already been installed in the easement under a Right of Entry Agreement with Contra Costa County. BACKGROUND: In July of 2007, the District made an offer to Contra Costa County to purchase an easement across Buchanan Fields Golf Course for the 96 -inch A -Line Relief Interceptor Phase 2A Project. Due to its protracted review process, the County issued a Right of Entry to the District in October 2007, so as to not delay construction of the Interceptor. Negotiation of easement language and access rights has delayed the acceptance of the grant of easement until now. N: \ENVRSEC \Position Papers \Gronlund\2009 \PP GOE Acceptance ALine Buchanan Final Moved to 6- 18- 09.doc Page 1 of 2 POSITION PAPER Board Meeting Date: June 18, 2009 Subject: ADOPT A RESOLUTION ACCEPTING A GRANT OF EASEMENT FROM CONTRA COSTA COUNTY FOR AN EASEMENT ON THE LANDS COMMONLY REFERRED TO AS BUCHANAN FIELDS GOLF COURSE (APNS: 125 - 010 -022 AND 125- 010 -023) Acceptance and recording of this grant of easement will provide the District with a perpetual easement for the 96 -inch sewer recently constructed with the District A -Line Relief Interceptor and Concord Interceptor Sewer Project (DP 5980), and will also provide a perpetual easement for a future 10 -inch recycled water line in the property owned by Contra Costa County and is commonly referred to as Buchanan Fields Golf Course. RECOMMENDED BOARD ACTION: Adopt resolution accepting a grant of easement from Contra Costa County on the lands commonly referred to as Buchanan Fields Golf Course, and authorize staff to record the documents with the Contra Costa County Recorder. N:\ENVRSEC \Position Papers \Gronlund\2009 \PP GOE Acceptance Aline Buchanan Final Moved to 6- 18- 09.doc Page 2 of 2 5.a. Hearings CONDUCT PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED ORDINANCE TO ESTABLISH REIMBURSEMENT FEES FOR JOBS 5684, 5855, 6435, AND 6453 SUGGESTED AGENDA June 18, 2009 Request staff presentation. II. Public Hearing: A. Receive public comments. B. Request staff response, as appropriate. C. Close Public Hearing. III. Board deliberation regarding proposed ordinance to establish a reimbursement fee for Jobs 5684, 5855, 6435, and 6453. N:\ENVRSEMPosition Papers \Millier\2009Vagenda for Public Hearing Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 18, 2009 No.: 5.a. Hearings Type of Action: CONDUCT HEARING; ADOPT ORDINANCE subject: CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED ORDINANCE (UNCODIFIED) TO ESTABLISH REIMBURSEMENT FEES APPLICABLE TO PROPERTIES WHICH COULD CONNECT TO JOBS 5684, 5855, 6435 AND 6453 Submitted By: Initiating Dept /Div.: Earlene Millier, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: �� 1lY /J� \ E. Millier . Dar er A. Farrell 1 . A� J es M. K Ily, G eral Man ger ISSUE: When a reimbursement fee is proposed for a property that could connect to a "special facility" or a "standard facility," the District Code requires that a public hearing be held prior to the Board of Directors' consideration of the fee for adoption. RECOMMENDATION: Conduct a public hearing to receive comments on the proposed Ordinance (uncodified) to establish reimbursement fees applicable to properties that could connect to Jobs 5684, 5855, 6435 and 6453. Adopt the Ordinance. FINANCIAL IMPACTS: An administrative charge to recover District costs is paid by the installer for setup of the reimbursement account and for each fee collection transaction. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: Job 5684, 6435, and 6453 sewers are "standard facilities," as defined in the District Code. District Code Section 6.20.010.1 defines "standard facilities" as "public main, local street and collector sewers installed using conventional construction techniques, and ordinary appurtenances to such public sewers, such as manholes and rodding inlets. Job 5855 sewers are "special facilities" as defined in the District Code. District Code Section 6.20.010.2 defines "special facilities as "public trunk sewers, interceptor sewers, pumping stations, or public main, local street and collector sewers which require special, unconventional installation techniques, such as tunnels, microtunnels, creek or channel crossings requiring bridges, trestles, culverts, and /or channel modifications, greater than twenty foot trench depth requiring use of trenchless technologies and /or unusually costly shoring or traffic control measures, or other non- standard appurtenances of unusually high cost. To fairly and equitably distribute the cost for these facilities, the District Code provides for the installers to be reimbursed for the proportion of cost allocable to other properties which connect to the sewers within 20 years of project acceptance by the District. Staff N: \ENVRSEC \Position Papers \Millier\2009 \PP Conduct PH- AdoptOrd. Jobs 5855,5684,6435,6453 Final 6- 18- 09.doc Page 1 of 2 POSITION PAPER Board Meeting Date: June 18, 2009 subject CONDUCT A PUBLIC. HEARING TO RECEIVE COMMENTS ON A PROPOSED ORDINANCE (UNCODIFIED) TO ESTABLISH REIMBURSEMENT FEES APPLICABLE TO PROPERTIES WHICH COULD CONNECT TO JOBS 5684, 5855, 6435 AND 6453 has drafted a proposed Ordinance (Attachment 1) to establish reimbursement fees for properties that connect to these projects' sewers. Exhibits A -1 through A -4 of Attachment 1 show the locations of the projects and the properties that could connect to the projects' sewers. The proposed reimbursement fees will be collected from property owners, if and when they connect their properties to the sewer system. The collected fee will be held in a separate account, and will be disbursed to the installers of the projects. Calculations of the proposed reimbursement fees are summarized in Exhibits B -1 through B -4 of Attachment 1. The fees would be charged in addition to Capacity Fees and other District charges, such as those for permits, inspection, and sewer service. The District Code requires that reimbursement fees be adjusted at least annually to account for the increase or decrease in value of the facilities due to inflation and depreciation. These fees may also be adjusted to account for differences between estimated and actual costs, and increases or decreases in the number of connections that may connect to the facilities. However, once a particular property has connected to the public sewer, and the fees have been paid, the District will not collect any additional reimbursement fees for that connection, nor refund any excess reimbursement fees which might otherwise be generated by future adjustments. Appropriate notices have been posted, and published in the Contra Costa Times. In addition, individual letter notices were mailed to the owners of all affected properties, as required by District Code. RECOMMENDED BOARD ACTION: Conduct a public hearing to receive comments on the proposed ordinance (uncodified) to establish reimbursement fees for applicable properties that could connect to Job 5684, 5855, 6435 and 6453 sewers. Adopt the Ordinance. N:\ENVRSEC \Position Papers \Millier\2009 \PP Conduct PH- Adoptord. Jobs 5855,5684,6435,6453 Final 6- 18- 09.doc Page 2 of 2 ATTACHMENT ORDINANCE NO. AN ORDINANCE (UNCODIFIED) TO ESTABLISH REIMBURSEMENT FEES APPLICABLE TO PROPERTIES THAT CONNECT TO JOB 5684 (CRESTVIEW COURT, ORINDA) STANDARD SEWER FACILITIES; AND JOB 5855 (CANON DRIVE, ORINDA) SPECIAL SEWER FACILITIES; AND JOB 6435 (RAMON COURT, DANVILLE) STANDARD SEWER FACILITIES; AND JOB 6453 (CHERRY LANE, WALNUT CREEK) STANDARD SEWER FACILITIES WHEREAS, the Central Contra Costa Sanitary District (District) Code.Chapter 6.20 provides for reimbursement to installers of standard and special facilities from fees charged property owners when they apply to connect their property to the public sewer system; and WHEREAS, District Code Chapter 6.20 provides for the establishment of reimbursement accounts for constructed standard and special facilities; and WHEREAS, Job 5684 sewers, the location of which is shown in Exhibit A -1 of this ordinance, incorporated in full herein by this reference, are standard facilities as defined in District Code Chapter 6.20; and WHEREAS, Job 5855 sewers, the location of which is shown in Exhibit A -2 of this ordinance, incorporated in full herein by this reference, are special facilities as defined in District Code Chapter 6.20; and WHEREAS, Job 6435 sewers, the location of which is shown in Exhibit A -3 of this ordinance, incorporated in full herein by this reference, are standard facilities as defined in District Code Chapter 6.20; and WHEREAS, Job 6453 sewers, the location of which is shown in Exhibit A -4 of this ordinance, incorporated in full herein by this reference, are standard facilities as defined in District Code Chapter 6.20; and WHEREAS, reimbursement fees have been calculated by the method specified in District Code Chapter 6.20, which calculations are summarized in Exhibits B -1 through B -4 of this Ordinance, incorporated in full herein by this reference; and WHEREAS, a properly noticed public hearing to receive comments on the proposed reimbursement fee was conducted at the District Board of Directors' regularly scheduled meeting on June 18, 2009, NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District does ordain as follows: Section 1 The reimbursement fees applicable to properties that connect to Job 5684 standard facilities, Job 5855 special facilities, Job 6435 standard facilities, and Job 6453 standard facilities, designated in Exhibits A -1 through A -4 are hereby established. NAENVRSEC \Position Papers \Millier\ 2009\ Ordinancefor5684 ,5855,6435,and6453 Final 6- 18- 09.doc Ordinance No. Page 2 of 2 Said reimbursement fees have been calculated in the manner required by District Code Chapter 6.20, as set forth in Exhibit B of this ordinance. Section 2 The reimbursement fees set forth in Exhibits B -1 through B -4 of this ordinance shall be administered, adjusted, and collected according to the provisions of District Code Chapter 6.20. Section 3 Exhibits A -1 though A -4 and B -1 through B -4 hereto shall be maintained in the office of the Secretary of the District, and made available for inspection during the periods when the subject reimbursement fees are in effect. Section 4 This ordinance shall be a general regulation of the District and shall be published once in the Contra Costa Times, a newspaper of general circulation within the District, and shall be effective on the eighth calendar day following such publication. PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa Sanitary District on the 18th day of June 2009, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the Board of Directors, Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED Elaine R. Boehme Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to Form: Kenton L. Alm Counsel for the District N:\ENVRSEC\Position PapersWlillier\ 2009\ Ordinancefor5684 ,5855,6435,and6453 Final 6- 18- 09.doc Exhibit A -1 Job 5684 — Crestview Court, Orinda 0 e 010 ♦♦ 1i �51�IEW Gt c � ti ♦ 11G :152315 ti � g 75 r 9 Legend HPotential Connectors - Number of RUE AInstaller - Number of RUE ...a... Job 5684 facilities Exhibit A -2 Job 5855 — Canon Drive, Orinda Legend © Potential Connectors - Number of RUE AInstaller - Number of RUE ... a... Job 5855 facilities * Already connected 5Q fi 2284 2� CANON OR 2 NORTH TRAIL ha P� p 264- 110 -016 214 AX-Q J Z 21 �1 264- 120 -01 TRAIL e 264 - 110 -021 Q 211 264 - 110 -020 e . • 3 2p 6� 3 1 M EIZA OQ♦. ♦ -L 6 - - - a 264- 110 -022 °� 264- 200 -001 M N L * ti 44 42 TO,(p PL E` 4p N N Legend © Potential Connectors - Number of RUE AInstaller - Number of RUE ... a... Job 5855 facilities * Already connected Exhibit A -3 Job 6435 — Ramon Court, Danville 9 San Ramon Creek e •`6 e e A - Z A.. s� :6 ♦ v i 2 a ♦ 'c •� O`/ @y a,. a v 60� s Legend © Potential Connectors - Number of RUE AInstaller - Number of RUE ... Q ... Job 6435 facilities Exhibit A -4 Job 6453 — Cherry Lane, Walnut Creek B BLDG 12 \ 230 2915 o N 2921 193 2927- 2840 ! 1 2 / 2945 2g30 1g1! 2905 ?g2q 187.18 Jlros / ! ! 9— 2915 © ! ros ♦ / / • • Z - 15,1 / HBO ♦ 281 ! , , - ,s Q e 1001s,1sa J/ ! ,00 1Q, ! ! Legend MPotential Connector - Number of RUE AInstaller - Number of RUE ... a... Job 6453 facilities Exhibit B -1 Reimbursement Fee Calculation Project 5684, Crestview Court, Orinda Standard Facilities Reimbursable Costs: Construction $67,099.00 Engineering $7,448.00 District Fees $4,894.32 Total $79,441.32 Number of Potential Connections to Standard Facility: 3 Residential Unit Equivalents (RUE) Standard Facility Reimbursement per RUE: $79,441.32 / 3 RUE _ $26,480.44 Properties to which Standard Facility Reimbursement Fee may apply: Street Address Assessor's Parcel Number Number of RUES Installer Waive Fee Potential Fee 8 Crestview Court 272 - 150 -005 1 No No Yes 10 Crestview Court 272 - 150 -006 1 No No Yes 11 Crestview Court 272 - 160 -009 1 Yes N/A No Exhibit B -2 Reimbursement Fee Calculation Project 5855, Canon Drive, Orinda Special Facilities Reimbursable Costs: Construction Engineering District Fees Total Number of Potential Connections to Special Facility: 6 Residential Unit Equivalents (RUE) Special Facility Reimbursement per RUE: $89,095.76 / 6 RUE _ $14,849.29 $70,744.00 $14,185.50 $4,166.26 $89,095.76 Properties to which Special Facility Reimbursement Fee may apply: Street Address Assessor's Parcel Number Number of RUES Installer Waive Fee Potential Fee 0 Canon Drive 264- 110 -016 1 No No Yes 211 Canon Drive 264- 110 -021 1 Yes n/a No 0 Canon Drive 264 -110 -020 1 Yes n/a No 0 Canon Drive 264- 110 -022 1 Yes n/a No 6 Madera Lane 264- 200 -001 1 No No Yes 210 Canon Drive 264- 120 -016 1 No No Yes Exhibit B -3 Reimbursement Fee Calculation Job 6435, Ramon Court, Danville Standard Facilities Reimbursable Costs: Construction Engineering District Fees Total 98,644.20 15,175.25 8,557.24 $122,376.69 Number of Potential Connections to Standard Facility: 11 Residential Unit Equivalents (RUE) Standard Facility Reimbursement per RUE: $ 122,376.69 / 11 RUE = $ 11,125.15 Properties to which Standard Facility Reimbursement Fee may apply: Street Address Assessor's Parcel Number Number of RUEs Installer Waive Fee Potential Fee 3 Ramon Court 200 - 110 -013 1 Yes N/A No 4 Ramon Court 200 - 110 -003 1 Yes N/A No 5 Ramon Court 200 - 110 -012 1 Yes N/A No 6 Ramon Court 200 - 110 -004 1 Yes N/A No 7 Ramon Court 200 - 110 -011 1 Yes N/A No 8 Ramon Court 200 - 110 -005 1 No No Yes 9 Ramon Court 200 -110 -010 1 Yes N/A No 10 Ramon Court 200 -110 -006 1 Yes N/A No 11 Ramon Court 200 -110 -009 1 Yes N/A No 12 Ramon Court 200 - 110 -007 1 Yes N/A No 13 Ramon Court 200 - 110 -008 1 No No Yes Exhibit B -4 Reimbursement Fee Calculation Project 6453, Cherry Lane, Walnut Creek Standard Facilities Reimbursable Costs: Construction $54,940.00 Engineering $16,126.43 District Fees $11,055.82 Total $82,122.25 Number of Potential Connections to Standard Facility: 4 Residential Unit Equivalents (RUE) Standard Facility Reimbursement per RUE: $82,122.25 / 4 RUE = $20,530.56 Properties to which Standard Facility Reimbursement Fee may apply: Street Address Assessor's Parcel Number Number of RUES Installer Waive Fee Potential Fee 2910 Cherry Lane 148 - 270 -020 1 1 n/a No 2912 Cherry Lane 148 - 270 -028 1 No n/a Yes 2916 Cherry Lane 148 - 270 -027 1 No n/a Yes 2918 Cherry Lane 148 - 270 -029 1 No n/a Yes <v T cz W D c6 c 9 C v 'C �S rW O U O z° E U c cn O Fn cz X 0 W e U 8ES € u co = d N a E 0 c a O 0 v � y o . <v T cz c6 •I--, i O U O z° E U �' cn O Fn cz C0 -%e =o c :F u- ° U) C W (z U d N O i' N C) co U � cn E O u) vE•�O �U) c Ir U <v T 4% N w a� C � J p W Q � . e��.NWy• • � • s N R d d L W U a z e N a Go N C 446 o OaO� b9 y N J D_ a v D O r E a d X 01 •• t W R o @ E aEi ay' o DCO d e� d N a� C � Q p W Q � . e��.NWy• • � • s N R L W U a z e N w Go 446 o b9 y J D_ N a T C N O C ° �aoE rE y N N O t c p E J U ¢ O O t �i Z' C r0 U d o_ o M.0 U J 3 O O ry O] C N C N O N o J c U� rE� dv"i N O c 0 a co E r c Al 3 � a c � a U C N d N N J = � Q U a � � N N c D d O N _V O O a o `o •+ Q C N N O N U N z U N 3 _U 0 c a z c J U z w ti a . m a T C N O C ° �aoE rE y N N O t c p E J U ¢ O O t �i Z' C r0 U d o_ o M.0 U J 3 O O ry O] C N C N O N o J c U� rE� dv"i N O m Al / / � o Q C z w ti m W d L • • M� _ N i �., �' ••••, s E LO 40 a 0 8 F-sl o a m •t C%. N r. O N 7 r M 5.b. Hearings PUBLIC HEARING TO RECEIVE COMMENTS ON THE NEGATIVE DECLARATION FOR DISTRICT ANNEXATION 167A — NORTH GATE (DA 167 -1 & 167 -7) SUGGESTED AGENDA Request staff report 11. Public hearing on the Negative Declaration A. Open public hearing B. Receive public comment C. Close public hearing 111. Consider approval of the Negative Declaration and District Annexation 167A — North Gate (DA 167 -1 & 167 -7). N \ENVRSRMrinexationsVAnnex 167 \Neg Dec \PP Neg Dec Public Hearing Final JM2 Rev. 6- 18- 09.doc.docm Central Contra Costa Sanitary District / BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 18, 2009 No.: 5.b. Type of Action: CONDUCT PUBLIC HEARING; ADOPT RESOLUTION Subject: CONDUCT A PUBLIC HEARING AND CONSIDER ADOPTING A RESOLUTION APPROVING A NEGATIVE DECLARATION AND CCCSD DISTRICT ANNEXATION 167A — NORTH GATE (DA 167 -1 & 167 -7) Submitted By: Initiating Dept. /Div.: Russell B. Leavitt, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: ML �Yt 7,-i a2�!Y: 441, —K R. Lea .Swa -- A. Fzirrell K. A /James . Kelly General anager ISSUE: Board approval of appropriate California Environmental Quality Act (CEQA) documentation is required prior to approval of Central Contra Costa Sanitary District ( CCCSD) District Annexation 167A — North Gate (DA 167 -1 & 167 -7). RECOMMENDATION: Conduct a public hearing on the Negative Declaration. Barring any irresolvable comments to the contrary, adopt the attached resolution approving the Negative Declaration and the proposed annexation. FINANCIAL IMPACTS: As they connect to the wastewater collection system, property owners of annexed parcels will reimburse CCCSD for annexation expenses incurred. ALTERNATIVES /CONSIDERATIONS: Deny or defer approval of the Negative Declaration. This action would prevent or delay moving forward with the potential approval the project. If approval of the Negative Declaration is denied, direction should be given to staff as to which issues require further documentation. BACKGROUND: A draft Negative Declaration has been prepared for District Annexation 167A — North Gate (DA 167 -1 & 167 -7). CCCSD proposes to annex into its service area 77 North Gate parcels comprising approximately 161 acres (see Attachment 1). North Gate is located in unincorporated Contra Costa County, east of the City of Walnut Creek and north of Mount Diablo State Park in the central part of the county. Annexation will allow for the following associated, indirect and secondary activities: sanitary sewer extensions into residential neighborhoods, abandonment of septic systems, and the connection of existing and future residences to the public sewer system. As Lead Agency under CEQA, CCCSD has conducted an Initial Study of the proposed project to determine if it would have a significant effect on the environment. Staff has concluded that the Initial Study adequately, accurately, and objectively evaluates the NAENVRSRV\AnnexationsVAnnex 167 \Neg Dec \PP Neg Dec Public Hearing Final JM2 Rev. 6- 18- 09.doc.docm Page 1 of 3 POSITION PAPER Board Meeting Date: June 18, 2009 subject: CONDUCT A PUBLIC HEARING AND CONSIDER ADOPTING A RESOLUTION APPROVING A NEGATIVE DECLARATION AND CCCSD DISTRICT ANNEXATION 167A — NORTH GATE (DA 167 -1 & 167 -7) environmental impacts of the proposed project, and that a Negative Declaration is the appropriate document to address the environmental effects of the project. The Initial Study is included as part of the proposed Negative Declaration that was distributed separately to the CCCSD Board of Directors. The proposed Negative Declaration finds that there is no substantial evidence before CCCSD that the proposed project would have significant effects on the environment. The proposed annexation action is a jurisdictional and tax boundary change that will have no direct, physical effects on the environment. Mitigation measures related to the associated secondary and indirect activities will be incorporated into the designs of those activities to reduce potentially significant impacts to less- than - significant levels or to minimize impacts already considered to be less- than - significant. These measures are discussed in the attached Initial Study and are inherent in the permit and land use approval processes of the various agencies that regulate sanitary sewer construction and land development activities in the project area. In compliance with the CCCSD's CEQA Guidelines, a legal notice was published in the Contra Costa Times, a newspaper of general circulation in the area affected by the proposed project. The legal notice announced CCCSD's intent to adopt a Negative Declaration and the availability of the document for a 30 -day public review period. Additionally, copies of the proposed Negative Declaration or the legal notice were mailed to affected public agencies. Additionally, on Monday, May 18, 2009, staff held an open house at the Ygnacio Valley Public Library to present and discuss the proposed annexation. Twelve property owners attended and most expressed an interest in the possibility of developing public sewer service for their properties. At the conclusion of the public review process, two comment letters on the proposed Negative Declaration were received. The comment letters and CCCSD's responses to the comments are presented in Attachment 2. None of these comments required changes to the conclusions reached in the proposed Negative Declaration. Before the proposed project may be approved, the Board must consider any comments received during the Negative Declaration's 30 -day public review process and the public hearing, and then consider approval of the appropriate CEQA documentation (a Negative Declaration is recommended in this case). Following approval of the Negative Declaration and the project, a Notice of Determination will be filed with the County Clerk and an annexation application will be filed with the Contra Costa Local Agency Formation Commission ( LAFCO). LAFCO will use the approved Negative Declaration as its CEQA documentation for consideration of the proposed annexation. N: \ENVRSRV\Annexations\Annex 167 \Neg Dec \PP Neg Dec Public Hearing Final JM2 Rev. 6- 18- 09.doc.docm Page 2 of 3 POSITION PAPER Board Meeting Date: June 18, 2009 subject: CONDUCT A PUBLIC HEARING AND CONSIDER ADOPTING A RESOLUTION APPROVING A NEGATIVE DECLARATION AND CCCSD DISTRICT ANNEXATION 167A — NORTH GATE (DA 167 -1 & 167 -7) While not required by law or CCCSD's procedures, it has been CCCSD's customary practice to hold public hearings in advance of the adoption of Negative Declarations. Holding a hearing on the proposed Negative Declaration would be consistent with this practice. RECOMMENDED BOARD ACTION: 1. Conduct a public hearing on the Negative Declaration. 2. Adopt a resolution (Attachment 3) approving the Negative Declaration and District Annexation 167A — North Gate (DA 167 -1 & 167 -7). N.\ENVRSRV\AnnexationsWnnex 167 \Neg Dec \PP Neg Dec Public Hearing Final J102 Rev. 6- 18- 09.doc. doom Page 3 of 3 ATTACHMENT ANNEXATION AREA PROPERTY CURRENTLY WITHIN CCCSD BOUNDARY PROPERTY CURRENTLY WITHIN CCCSD SPHERE OF INFLUENCE NORTH GATE SPECIFIC PLAN BOUNDARY CITY OF WALNUT CREEK N: \ENVRSRV\Annexations\Annex 167 \Neg Dec \PP Neg Dec Public Hearing Final JM2 Rev. 6- 16- 0g.doc.docm COMMENTS AND RESPONSES TO COMMENTS ON THE NEGATIVE DECLARATION FOR CCCSD'S DISTRICT ANNEXATION 167A— NORTH GATE (DA 167 -1 & 167 -7) Two comment letters were received during the 30 -day public review period for the Negative Declaration. The comment letters follow, along with the responses from CCCSD staff. None of these comments required changes to the conclusions of the proposed Negative Declaration. LIST OF COMMENT LETTERS 1. Contra Costa Local Agency Formation Commission (LAFCO), Lou Ann Texeira, Executive Director, May 29, 2009. 2. Contra Costa Water District (CCWD), Mark Seedall, Principal Planner, June 2, 2009. NAENVRSRMnnexations\Annex 167 \Neg Dec \PP Neg Dec Public Hearing Final JM2 Rev. 6- 18- 09.doc.docm 1. Contra Costa Local Agency Formation Commission (LAFCO), Lou Ann Texeira, Executive Director, May 29 2009 fcc May 29, 2009 CONTRA COSTA LOCALAGENCY FORMATION COMMISSION 651 Pine Street, Sixth Floor • Martinez, CA 945531229 e-mail: LTexe@lafco.cccounty.us (925) 335 -1094 a (925) 646.1228 FAX Russell Leavitt, AICP, Environmental Coordinator Central Contra Costa Sanitary 5019 Imhoff Place Martinez, CA 94553 SUBJECT: Notice of Intent to Adopt a Negative Declaration CCCSD District Annexation 167 -1 & 167 -7 Dear Russ: Thank you for including the Contra Costa Local Agency Formation Commission ( LAFCO) on the distribution list for the above project. As a Responsible Agency pursuant to the CEQA, LAFCO will rely on the District's environmental document in consideration of the proposed annexation. LAFCO is required to consider a variety of factors when evaluating a proposed boundary change, including, but not limited to, the proposed project's potential impacts on agricultural land and open space, the provision of municipal services, the timely and available supply of water, adequate and proximate affordable housing, etc. (Government Code Section 56668). In consideration of these factors, we offer the following questions and comments. 1. The areas proposed for annexation as depicted in Figure 2 will result in the creation of an island. Why are the intervening properties being excluded from the proposed annexation? 1 A Are these publicly owned lands (e.g., County Flood Control)? 2. The Initial Study states that added development in the project area, over time, will result in an incremental increase in demand for services, and specifically sites fire, police, schools and 1 B solid waste. The Initial Study should also include reference to the increased demand for water service. 3. Section 8 - Hydrology and Water Quality - Subsection 8(i) states that there are no levees or dams present in the annexation area. Please note that there are seven active flood control zones in Contra Costa County, including the Walnut Creek watershed (Zone 3B), and that 1 C there are approximately seven miles of "levees" in Zone 3B. We have been unable to determine at this time whether any of these "levees" are located in the annexation area. This is something you may wish to confirm. N: \ENVRSRV\AnnexationsWnnex 167 \Neg Dec \PP Neg Dec Public Hearing Final JM2 Rev. 6- 18- 09.doc.docm Although this may not have direct bearing on your specific project, we would like to take this 1 D opportunity to offer some general comments regarding regional growth policies and plans, global climate change and LAFCO. Included among the various factors LAFCO considers when reviewing a boundary change proposal are regional growth goals and policies established through a collaboration of local jurisdictions on a regional or subregional basis (Government Code Section 56668.5), such as those envisioned by AB 32 and SB 375 (e.g., regional blueprint plans, sustainable communities strategies, climate action plans). In the last two years, California has seen the passage of two landmark bills addressing climate change. In 2006, AB 32 established a comprehensive program of regulatory and market mechanisms to achieve quantifiable, cost- effective reductions of greenhouse gases (GHG); and in 2008, SB 375 was enacted as a means for achieving AB 32 GHG target reduction goals from cars and light trucks through long -range regional growth strategies and transportation plans. While these bills integrate critical policies at the regional level that affect future growth in California, the opportunity sits with local government agencies working through their regional metropolitan planning organizations to align these policies effectively. Specifically, these policies focus on: 1) regional long -range transportation plans and investments; 2) regional allocation of the obligation for cities and counties to zone for housing; and 3) a process to achieve GHG reduction targets for the transportation sector. The remaining challenge is successful implementation at the local level in order to reduce GHG, accommodate growth and build sustainable communities using the SB 375 framework. On a related note, in 2007, the State Office of Planning & Research (OPR) embarked on a 16- month process to develop its proposed amendments to the California Environmental Quality Act (CEQA) Guidelines with respect to analysis and mitigation of greenhouse gas emissions. On April 13, 2009, OPR submitted the proposed amendments to the California Resources Agency. The amended Guidelines (available online at www.00r.cel.gov) are expected to be published on or before January 1, 2010. We encourage local agencies to become familiar with the proposed CEQA amendments, and once approved, to incorporate them into future CEQA documents. Thank you for your consideration of our comments. Please contact us if you have any questions. Sincerely, Lou Ann Texeira Executive Officer c: LAFCO Planner N:IENVRSRVVAnnexationslNnnex 167\Neg De6PP Neg Dec Public Hearing Final JM2 Rev. 6- 18 -09.doc.docm RESPONSES TO LAFCO COMMENTS 1A. The properties in the North Gate Specific Plan area that were not included in the proposed annexation are all publicly -owned flood control, park or open space parcels (CCCFC &WCD, EBRPD and the City of Walnut Creek). Technically, an "island" would not be created, since the non - annexed properties would not be completely surrounded by annexed properties; rather, a more pronounced indentation would be formed at the periphery of CCCSD's service area to avoid including those publicly -owned properties. 1 B. Water service is discussed in Section 16, Utilities and Service Systems. 1C. In a subsequent e-mail, the commenter provided the following response to her own comment. "This morning I received an e -mail from County Flood Control confirming that there are no levees within the North Gate Specific Plan area proposed for annexation by CCCSD. The Kubicek detention basin is located in the center of the area - -east of the intersection of Pine Creek and Castle Rock roads. Although the Kubicek detention basin only holds water intermittently, it is a dam (Dam Number 1007 -6) regulated by the State of California Department of Water Resources Division of Safety of Dams." The properties proposed for annexation to CCCSD are upslope of the detention basin, so the people or structures on them would not be at risk of loss, injury or death involving flooding as a result of the failure of the dam (detention basin). 1D. LAFCO has provided general comments regarding pending changes in regional planning, climate change, and CEQA policies and procedures. The comments are noted and no response is necessary. N: \ENVRSRV\Annexations\Annex 167 \Neg Dec \PP Neg Dec Public Hearing Final JM2 Rev. 6- 18- 09.doc.docm 2. Contra Costa Water District (CCWD), Mark Seedall Principal Planner June 2, 2009 Aw` `CONTRA COSTA 4 it WATER DISTRICT �r 400 1331 Concord Avenue P.O. Box H2O Concord. CA 94524 (925) 688.8000 FAX (925) 6884122 w cewaleroom June 2, 2009 Directors Joseph L. Campbell President Kad L. wandry Mr. Russell Leavitt Vice President Environmental Coordinator Elizabeth R. AneuoCentral Contra Costa Sanitary District Bette Boalmun 5019 Imhoff Place John A. Burgh Martinez, CA 94553 VIA FACSIMILE (925)228 -4614 Hard Copy to Follow Walter J. Bishop General Manager Subject: CCCSD Northgate Annexation 167 -1 and 167 -7 Dear Mr. Leavitt: The Contra Costa Water District (CCWD) is in receipt of the Request for Project Review of the Initial Study /Mitigated Negative Declaration (ISMND) for the CCCSD Northgate Annexation 167 -1 and 167 -7 Project. CCWD operates and maintains treated water lines in the area of the CCCSD project and CCWD is the water service provider in the project area. New development would need to apply to CCWD to obtain water service - Treated and Untreated water service is governed by CCWD Code of Regulations Section 5 (Reg 5). - Project/Property is located within a Special Assessment District (Castle Rock) and will require additional assessment fees to be paid to the District. - Further information and answers to a number of frequently asked questions regarding water service and District regulations can be found on the District's web site at www.ccwater.com. - The District's is developing a plan to address the ongoing drought conditions in California. It is possible that the drought will impact the amount of water available to new and existing District customers. Further information on the drought and its impacts on water allocation and new service connections can be found on the District's web site at www,ccwater.com. It is recommended that all plans, particularly irrigation and landscape plans, be reviewed by the District to ensure consistency with the District's drought management plans. If the project or property is not within the District's Treated Water Service Area, please contact the municipality providing service to understand how you may be affected. N: \ENVRSRMnnexations\Annex 167 \Neg Dec \PP Neg Dec Public Hearing Final JM2 Rev. 6.18.09.doc.docm 2 fi Mr. Rusell Leavitt CCCSD Northgate Annexation June 2, 2009 Page 2 Please feel free to contact Richard Broad for water service questions at (925) 688- 8013 or me at (925) 688 -8119 should you have further questions. Sincerely, Mark Seedall Principal Planner MS /jmt RESPONSE TO THE CCWD COMMENTS 2A. Contra Costa Water District (CCWD) has provided general comments pertaining to CCWD's requirements for future development to obtain water service. The proposed Negative Declaration acknowledges that CCWD is the project area water service provider on pages 5 and 30. No additional response is necessary. N: \ENVRSRV\Annexations\Annex 167 \Neg Dec \PP Neg Dec Public Hearing Final JM2 Rev. 6- 18- 09.doc.docm ATTACHMENT 3 RESOLUTION NO. A RESOLUTION APPROVING A NEGATIVE DECLARATION AND CENTRAL CONTRA COSTA SANITARY DISTRICT (CCCSD) DISTRICT ANNEXATION 167A— NORTH GATE (DA 167 -1 & 167 -7) AND REQUESTING THE CONTRA COSTA COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO) TO INITIATE PROCEEDINGS FOR A CHANGE OF ORGANIZATION (DISTRICT ANNEXATION NO. 167A) WHEREAS, the Central Contra Costa Sanitary District (CCCSD) wishes to initiate proceedings pursuant to the Cortese - Knox - Hertzberg Local Government Reorganization Act of 2000 for a change of organization; and WHEREAS, the change of organization is proposed for the following reasons: 1. The owners of eighteen (18) properties within the areas proposed to be annexed have submitted a "Petition for Annexation" to CCCSD requesting annexation; Fifty -nine (59) properties have been included as "fill -in" parcels to streamline staff work and avoid the creation of new islands inside CCCSD boundaries; Thirteen (13) of the properties within the areas proposed for annexation have connected to the CCCSD public sewer system; , 4. All seventy -seven (77) properties are within the CCCSD Sphere of Influence, as previously approved by IAFCO; All of the properties are within the Contra Costa County Urban Limit Line and the area covered by the 1991 North Gate Specific Plan; The area has been planned for residential use by Contra Costa County and substantially developed with this use; The residential density and proximity of this use to Pine and Arroyo Del Cerro Creeks makes sewer service and annexation to CCCSD prudent to avoid despoiling the creeks with septic system effluent; 8. CCCSD already has the collection facilities throughout North Gate; 9. Wastewater from North Gate can flow by gravity or individual residential pumping systems to CCCSD's existing collection system; 10. CCCSD will assume responsibility, upon annexation, for maintenance and operation of public sewer facilities required to provide service to the areas proposed to be annexed; 11. CCCSD requires that all served properties annex to the District (CCCSD Standard Specifications Section 3 -07); and 12. No other sewering agency can reasonably serve these areas. N: \ENVRSRVtAnnexations\Annex 167 \Neg Dec \PP Neg Dec Public Hearing Final JM2 Rev. 6- 18- 09.doc.docm Resolution No. Page 2 of 3 WHEREAS, extensive development has already taken place in North Gate, and there is additional development potential allowed by the North Gate Specific Plan; and WHEREAS, this annexation consists of two annexation areas comprised of 77 properties, as shown on Exhibit 1 (map), attached hereto and by this reference incorporated herein, for a total of approximately 161 acres; and WHEREAS, the only affected county is Contra Costa, in the unincorporated area generally known as Walnut Creek , and no other sanitary districts are involved; and WHEREAS, the territory proposed to be annexed to CCCSD is inhabited (12 or more registered voters); and WHEREAS, the proposed annexation is subject to the provisions of the CCCSD Code and if the annexation were approved, all of the provisions of said Code would become applicable to the properties annexed. Annexation charges will be collected at the time of connection to the public sewer system; and WHEREAS, an Initial Study has been conducted by CCCSD in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, CCCSD staff concludes that the Initial Study adequately, accurately, and objectively evaluated the proposed effect on the environment; and WHEREAS, adequate public notice was given to receive comments on the Initial Study and proposed annexation; and WHEREAS, the CCCSD Board of Directors reviewed the results of the Initial Study, considered comments received, and determined that the project will not have a significant effect on the environment; and WHEREAS, the CCCSD Board of Directors finds that the Negative Declaration reflects its independent judgment of the environmental effects of the proposed project. NOW, THEREFORE, BE IT RESOLVED by the CCCSD Board of Directors as follows: THAT adoption of this resolution will establish the Board of Directors' independent finding that the environmental effects of annexing the areas shown on Exhibit 1 have been adequately addressed in compliance with the CEQA and will constitute approval of the Negative Declaration for CCCSD District Annexation 167A — North Gate (DA 167 -1 & 167 -7). The Secretary of the Board of Directors will be custodian of the document and other materials that constitute the record of proceedings for the adoption of this Negative Declaration. The record of proceedings will be maintained at CCCSD's offices, 5019 Imhoff Place, Martinez, California. NAENVRSRV\AnnexationsWnnex 167 \Neg Dec \PP Neg Dec Public Hearing Final JM2 Rev. 6- 18- 09.doc.docm Resolution No. Page 3 of 3 THAT CCCSD District Annexation 167A is hereby approved and staff is directed to submit this Resolution of Application requesting that the Contra Costa County Local Agency Formation Commission (LAFCO) initiate annexation proceedings for the two (2) areas shown and described in Exhibit 1 for proposed annexation areas 1673 -1 and 167 -7 hereof, as authorized and in the manner required under the Cortese - Knox- Hertzberg Reorganization Act of 2000, together with a complete application package including all other required information, geographical descriptions, maps, forms, questionnaires, indemnification agreement, fees, and a mailing list of affected property owners, and of all other property owners and registered voters who reside within 300 feet of each of the proposed annexation areas. ,- THAT it is not the current practice of CCCSD to use its power under Health and Safety Code Section 6520 to compel property owners to connect their properties to the public sewer system involuntarily. PASSED AND ADOPTED this 18th day of June 2009, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the District Board of the Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Kenton L. Alm, Counsel for the District N: \ENVRSRV\Annexations\Annex 167 \Neg Dec \PP Neg Dec Public Hearing Final JM2 Rev. 6- 18- 09.doc.docm EXHIBIT 1 ANNEXATION AREA 0 PROPERTY CURRENTLY WITHIN CCCSD BOUNDARY PROPERTY .CURRENTLY WITHIN CCCSD SPHERE OF INFLUENCE -- - NORTH GATE SPECIFIC PLAN BOUNDARY CITY OF WALNUT CREEK N: \ENVRSRVVannexations\Annex 167 \Neg Dec \PP Neg Dec Public Hearing Final JM2 Rev. 6- 18- 0g.doc.docm Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 18, 2009 No.: 7.a. Bids and Awards Type of Action: AWARD CONSTRUCTION CONTRACT /AUTHORIZE EXECUTION OF CONTRACT DOCUMENTS subject: AWARD A CONSTRUCTION CONTRACT AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE CONTRACT DOCUMENTS SUBJECT TO SUBMITTAL REQUIREMENTS WITH PRECISION ENGINEERING, INC. FOR THE CONSTRUCTION OF THE LAFAYETTE SEWER RENOVATIONS, PHASE 6, DISTRICT PROJECT NO. 5958 Submitted By: Initiating Dept /Div.: Alexandr Mestetsky, Associate Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: A. kAot-o4 A. estetsky A. Antkowiak A. Farrell mes M KeIIY, eneral anager ISSUE: On June 2, 2009, eight (8) sealed bids were received and opened for the construction of the Lafayette Sewer Renovations, Phase 6, District Project No. 5958. The Board of Directors must award the contract or reject bids within 50 days of the bid opening. Authorize the General Manager to execute the contract documents subject to SUBMITTAL requirements. RECOMMENDATION: Find that the project is exempt from the California Environmental Quality Act (CEQA), award a construction contract, and authorize the General Manager to execute the Contract Documents subject to favorable review of insurance certificates, bond submittals, appropriate Contractor license, and any other required submittals (SUBMITTALS). FINANCIAL IMPACTS: Approximately $2,347,000, including design, bid price, contingency, and construction management. ALTERNATIVES /CONSIDERATIONS: Reject all bids, which is not recommended. BACKGROUND: Lafayette Sewer Renovations, Phase 6 will renovate 13,200 linear feet of 6, 8 and 12 -inch sewer lines in Lafayette. This project is the sixth phase of approximately thirteen in Lafayette (see Attachment 1). Construction of the sewers in easements will involve close cooperation with customers for site access and restoration. District staff prepared the plans and specifications for the project. The Engineer's estimate for construction of the Lafayette Sewer Renovations, Phase 6, is $1,800,000. This project was advertised on May 12 and 19, 2009. Eight (8) sealed bids ranging from $1,314,125 to $1,729,812 were received and publicly opened on June 2, 2009. NAPESUMCbradley \POSITION PAPERS \Mestetsky \5958 - Award.doc Page 1 of 5 POSITION PAPER Board Meeting Date: June 18, 2009 Subject: AWARD A CONSTRUCTION CONTRACT AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE CONTRACT DOCUMENTS SUBJECT TO SUBMITTAL REQUIREMENTS WITH PRECISION ENGINEERING, INC. FOR THE CONSTRUCTION OF THE LAFAYETTE SEWER RENOVATIONS, PHASE 6, DISTRICT PROJECT NO. 5958 The Engineering Department conducted a technical and commercial review of the bids and determined that Precision Engineering, Inc. is the lowest responsive bidder with a bid amount of $1,314,125. The lower bids are attributed to an extremely favorable bid climate. The economic slowdown has reduced the number of construction projects being bid resulting in highly competitive conditions. A summary of bids received is shown in Attachment 2. The District will administer the construction contract and will provide contract administration, inspection, survey, office engineering, and submittal review. The funds required to complete this project, as shown in Attachment 3, are $1,847,000. The total cost of the Lafayette Sewer Renovations, Phase 6, is anticipated to be $2,347,000. This project is included in the fiscal year (FY) 2008 -09 Capital Improvement Budget (CIB) on pages CS -21. Staff has conducted a cash -flow analysis of the Collection System Program budget and concluded that adequate funds are available for this project. Staff has concluded that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 15302, since it involves replacement of existing facilities at the same location and with same purpose and level of activity as the facilities being replaced. Authorization of the construction contract for this project will establish the Board of Directors' independent finding that the project is exempt from CEQA. RECOMMENDED BOARD ACTION: Find that the project is exempt from CEQA, award a construction contract in the amount of $1,314,125 for the construction of the Lafayette Sewer Renovations, Phase 6, District Project No. 5958, to Precision Engineering, Inc., the lowest responsive bidder, and authorize the General Manager to execute the Contract Documents subject to SUBMITTAL requirements. NAPESUMbradley \POSITION PAPERS \Mestetsky \5958 - Award.doc Page 2 of 5 Page 3 of 5 Q A m N � O BEAR L 91�% 'PO 41, NAPPY R r' P -1] P -n i a Q P -1] W a° P- 17\T' -18 p P-te JO g\ P-23 24 P-21 P-19 P -11 P-19 P-11 P-9 P`t0 A P-9 O P-72 Q \Pg P-340 1 P P-3 ] _78 P-21 O P -18 131; P-6 P-16 ST FA P-6 P P-1 OLYMPIC RrS 16 RO BLVD �e o O C RNEEM cal f h RyF �qr N P -15 n d m 0 3500 7000 oe O FEET F x Central Contra Costa Attachment Sanitary District LAFAYETTE SEWER RENOVATION PHASE 6 s DISTRICT PROJECT 5958 LOCATION MAP Page 3 of 5 ATTACHMENT LAFAYETTE SEWER RENOVATIONS, PHASE 6 DISTRICT PROJECT 5958 SUMMARY OF BIDS PROJECT NO.: 5958 DATE: JUNE 2, 2009 PROJECT NAME: LAFAYETTE SEWER RENOVATIONS, PHASE 6 PROJECT LOCATION: LAFAYETTE, CALIFORNIA NO. OF ADDENDA: 2 ENGINEER EST.: $1.800.000 NO. BIDDER BID PRICE 1 Precision Engineering, Inc. $1,314,125 92 Notoma Street, Suite 209 San Francisco, CA 94105 415 - 621 -4882 2 K. J. Woods Construction, Inc. $1,488,000 2625 Judah Street #2 San Francisco, CA 94122 415- 759 -0506 3 Synergy Project Management, Inc. $1,497,418 150 Executive Park Boulevard 4750 San Francisco, CA 94134 415- 467 -3000 4 W. R. Forde Associates $1,587,374 984 Hensley Street Richmond, CA 94801 510- 215 -9338 5 McGuire and Hester $1,614,503 9009 Railroad Avenue Oakland California 94603 510- 632 -7676 6 D'Arcy & Harty Construction $1,617,848 1300 Carroll Avenue San Francisco, CA 94124 415 -822 -5200 7 California Trenchless, Inc. $1,652,851 2283 Dunn Road Hayward, CA 94545 510 - 782 -5335 8 Ranger Pipelines $1,729,812 1790 Yosemite Avenue San Francisco, CA 94124 415 - 822 -3700 BIDS OPENED BY /s/ Elaine R. Boehme NAPESUMbradley \POSITION PAPERS \Mestetsky \5958- Award.doc DATE June 2, 2009 Page 4 of 5 Cl) H Z W 2 Q F- Q co w W Q 2 M ~ co DLO W 0 0 .0 U >�� OZ W cra0 W U 3� U ¢ ui W - a U) W Cn � Q � W m LL cf) ¢¢ a V N O U c O a+ V p O O -0-0 0 O 0 7 p p C T CO T 0 (O M � Cl) Nr C O U 0 O O O O O O t` O r t O It M In OD C' C4 r o O o C C P-: L6 Lfi O CO N to T U9, [ � 64 V> Cn Lf) O 000 O O 0 0 0 N I- O 0 0 0 O O O O O '000 0 0 0 00 000 .1 C\ O N I� O O O O O L6 r CO C7 CV � r r In 00 CA C7 N Cfi 69 EA 6-160 N T Efi r EA 6s ffl EA ER F- Z W W Un (7 W Cl) Z M OU H O Z Z 0 G a O .FF 2 O z w U W ro -2 U X W e O c6 0 = Q W D C N 0 A O7 C~ « 0 0 Z 0 U Z a V) CO � Z w Q� — ca w to p O O 2 O H O F Cr n V N 0 0 CC Z j C J Z W O ._ U O [r C O (C C L U G >ca 'C > F U J JQ a ON O 7 J Q Z d) J Q W F C C fl_ C O O O C L O ' H J ui 0 0 0 0 ul 0 7 p �r O XW W � 7 2 O Z 0L 0 0 C) m G W�Cnm 0 d F00 0 c6 .6 U Z) co ca 9 m cd 4 U J Q to p 0 Z C/) Z U) W C/) H Z � U a U U d LL O r N M LO w Z (n a c 0 C O U O O E 2 X a) O N 7 a m U a a C 07 L r U) O U C: 0 2 U) C O U O c co C N N O. O id d U _LO 0 LO N cd CL Agenda Item 8a, ,) PRIVATE SEWER LATERAL LEGISLATION BOARD UPDATE June 18, 2009 ISSUE • CASA's Private Sewer Lateral (PSL) Task Force is proposing state wide legislation that would require all Agencies to enact a PSL ordinance to reduce 1/1 • Ordinance would require that private sewer laterals be inspected at the point of sale and replaced within 180 days if they fail • Includes a provision for Agencies to "Opt- Out ", which is problematic CCCSD IS OPPOSED TO THE LEGISLATION 1 CURRENT STATUS OF PSL LEGISLATION • PSL Task Force has finalized draft language for state wide legislation • Michael Dillon, CASA's Lobbyist, has been directed by CASA's Executive Board to make contact with the League of Cities, Association of Counties, and the Association of Rural Counties, and determine their position on the proposed legislation. CCCSD'S EFFORTS • Presented alternative perspective to CASA's Executive Committee • Distributed letter opposing legislation • Contacted other General Managers • Prepared /distributed sample opposition form letter for other Agencies to use 2 CCCSD's EFFORTS • Continued participation in PSL Task Force • Preparing public /realtor outreach handout encouraging PSL inspection at point of sale • Contacted League of Cities • Will be contacting County Associations • Contacted /working with Bielle Moore of the Contra Costa Realtors Assoc. • Will be contacting the Contra Costa Chapter of Home Inspectors RECENT DEVELOPMENTS • Realtors are opposing SB 407 (Padilla) which would require water conserving fixtures at point of sale • Some cities have already expressed concern with increased costs associated with such a program • Other Agencies have joined CCCSD in formally opposing the proposed legislation 3 FUTURE MILESTONES • Next PSL Task Force meeting will occur once input is received from the League of Cities and the various County Organizations • A vote of CASA Member Agencies would occur in August if the PSL Task Force decides to proceed with the PSL Legislation • Ultimate decision will be made in November by the CASA Executive Board at its Annual Retreat QUESTIONS 0 LEUCADIA WASTEWATER DISTRICT LEADERS IN ENVIRONMENTAL PROTECTION June 3, 2009 Board of Directors California Association of Sanitation Agencies 1215 K Street, Suite 2290 Sacramento, California 95814 Re: Proposed Private Sewer Lateral Legislation Dear Members of the Board: RECEIVED BOARD OF DIRECTORS 1UN 0 8 2009 DAVID KULCHIN. PRESIDENT ALLAN IULIUSSEN, VICE PRESIDENT JUDY K. HANSON, DIRECTOR DONALD F. OMSTED, DIRECTOR ELAINE SULLIVAN. DIRECTOR PAUL 1. BUSHEE, GENERAL MANAGER Ref: 09 -2065 The Leucadia Wastewater District ( "District ") appreciates the hard work of the Private Sewer Lateral Task Force ( "Task Force ") to educate the CASA membership regarding private sewer lateral issues and to look for constructive ways to prevent common problems, such as root intrusion, infiltration and inflow.' However, the'District does not support the current efforts by the Task Force to develop state legislation that would establish a mandatory inspection and repair program for private sewer laterals. The District has reviewed the proposed legislation carefully and does not believe it would be in the best interests of the District or other member agencies that would be responsible for its implementation. I discuss the reasons for the District's position below. The proposed legislation would impose an additional administrative burden on all member agencies. While the ultimate responsibility for inspection and repair would lie with the private sewer lateral owners, it would be the sewer agency's obligation to ensure compliance. This would necessarily require additional administrative time to keep track of who has complied and, inevitably, legal proceedings to compel performance by recalcitrant members of the public. In the District's opinion, the administrative and legal costs of implementing and enforcing a mandatory inspection and repair program would far exceed any benefit it provided. The District has already taken a number of steps to ensure that private sewer laterals do not jeopardize the public sewer system. For example, the District has implemented a reimbursement program to help pay the cost of repairing private sewer laterals. This has been well received and has resulted in a number of voluntary repairs. The District provides public information to help inform customers regarding the importance of properly maintaining private sewer laterals. The District has monitoring systems within its facilities to identify any areas of unusual infiltration or inflow. The District conducts video inspections of collection lines that help identify any root infiltration from private L The District's General Counsel, D. Wayne Brechtel, has participated as a member of the Task Force. 1960 LA COSTA AVENUE, CARLSBAD, CA 92009 • PHONE 760.753.0155 • FAX 760.753.3094 • LWWD.ORG • INFO @LWWD.ORG laterals. The District believes that the time and resources expended on these efforts are a more effective way to prevent private sewer lateral problems. To the extent necessary, the District already has legal authority to compel inspection and repair of private sewer laterals. For example, Section 31105(a) of the Water Code, provides the District with authority to "adopt ordinances relating to the provision of services and facilities ..." The District has exercised this authority and adopted a Wastewater Ordinance that expressly requires maintenance of private sewer laterals that connect to its "facilities" and includes an enforcement process if owners do not comply. (See, LWD Wastewater Ordinance Sections 4.6 and 11.1- 11.6.) Finally, the District believes that the "opt -out' provisions of the proposed legislation are problematic. The concept is simple, but implementation is another story. For example, what standards would be applied? What if there was a problem after an 'opt -out' declaration? The District is concerned that an affirmative declaration that private sewer laterals do not pose a problem would be an invitation to unnecessary and unproductive disputes with environmental or other advocacy groups that may not understand or agree with the declaration. For the reasons set forth above, the District does not support legislation that would impose a state -wide, mandatory inspection and repair program for private sewer laterals. The District believes the current regulatory framework is adequate to address private sewer lateral issues. Thank you for your consideration on this matter. Bes ards, Paul J. B shee General Manager PJB:dwb .� WEST COUNTY -«� WASTEWATER OISTRICT 2910 Hilltop Drive, Hichmand, CA 9411106-1974 A Public Agency Telephone (510) 222 -6700 Fax (510) 222 -3277 • www.wcwd.org Board of Directors June 8, 2009 California Association of'Sanitation Agencies 1215 K Street. Suite 2290 Sacramento, CA 95814 Re: Opposition to Private Sewer Lateral Legislation Dear Board Members: The West County Wastewater District (WCWD) does not support the proposed statewide legislative effort which, if adopted, will authorize all wastewater collection and treatment agencies to pass ordinances requiring property owners to inspLct and maintain their private sewer laterals (PSLs). Although the WCWD is mindful of the problems created by infiltration and inflow (1 &I) from defective PSLs, it cannot support statewide legislation, for the following reasons: L Statewide legislation is not needed. Most if not all wastewater collection and treatment agencies already have the authority to pass ordinances requiring private property owners to maintain and repair their PSLs. 2. 1 &1 cause and solutions differ from agency to agency. Although the issue may be of statewide concern, each agency needs the flexibility to determine whether and how to address 1 &I occurring within its boundaries. 3. The notion that the real estate community is inflexibly opposed to PSL, regulation is not true. The WCWD rnct with representatives of the real estate community, listened to their concerns and incorporated many of their suggestions into a PSL ordinance. The real estate community supported the WCWD's ordinance and, in fact, found some liability protection in it. 4. The result of proposing statewide legislation is inherently unpredictable. The participants may be able to craft a bill they can live with. That will certainly not be the bill that is passed, which could worsen a problem that does not need to be fixed in the first place. 5. The inclusion of an opt -out provision, although well intended, will likely have the unintended consequence of giving regulatory agencies and non- governmental organizations another basis for imposing administrative and civil liability on agencies that oat out. Cc: WCWD Board of Directors Catherine Smith. CASA Executive Director Mike Dillon, State Lobbyist Alfred Cabral, WCWD General Counsel BOARD MEMBERS Leonard L. Battaglia Michael T. Caine Alfred M. Granzella George H. Schmidt Paul C. Soltow. Jr. BOARD ATTORNEY Alfred A. Cabral GENERAL MANAGER E J. Shalahy May 20, 2009 ORO LOMA SANITARY DISTRICT BOARD OF DIRECTORS Huward W. Kerr, Presidenl Laylhim N. Landis, Vice President Rclsnd I. Dias. Secrelary Timothy P. Becker, Director Frank V. Sidari, Direrinr Harry T. Price FILE ILE COPY California Association of Sanitation Agencies 1215 K Street, Suite 2290 Sacramento, CA 95814 GENERAL MANAGER leson Wamer SUBJECT; PROPOSED PRIVATE SEWER LATERAL LEGISLATIVE FRAMEWORK Dear Mr. Price, The Board of Directors, management and staff of Oro Loma Sanitary District are requesting herewith that the CASA Board take action to discontinue all activities associated with the pursuit of a statewide private sewer lateral framework. The proposed legislation provides little or no benefit to those agencies who wish to implement an ordinance, as they already have the authority to enact an ordinance. For agencies that seek other means to meet the human health and water quality objectives established by the regulatory agencies, the legislation brings greater risk, as these agencies' actions may be perceived as avoiding the costs of the program. One of the primary arguments for the legislative framework is that it provides `political cover' to Board members who enact ordinances within their agencies. The thought is that realtor groups would be so affronted by an ordinance, and that they would move to vote board members out of office. Within the San Francisco Bay Area, several agencies have enacted lateral replacement programs, including Castro Valley Sanitary District, Stege Sanitary District, and West County Sanitation District. In each of these cases, outreach was conducted with realtor groups, and the programs were accepted openly. CASA would serve its members best by describing the practices these agencies took to gain acceptance within their communities, and by making the information available to all. The argument that agencies need political cover is not supported by the experiences of those enacting ordinances. The proposed legislative framework seeks to adopt a solution applicable to a fraction of CASA's membership for the entire group and beyond. The framework's reliance on an `opt -out provision' places members who opt out at greater legal risk, while providing no clear benefit to those who can legally implement an ordinance for their agencies today. It also carries significant risk of morphing within the legislative process, to place undesired mandates on agencies that have already developed private lateral programs customized to their specific circumstances. Based upon a survey of CASA members, there was clear support for the development of a model ordinance, clarification of legal authority to enact ordinances, and for further public outreach. Other items, including the pursuit of legislation requiring such a program, carry far less support. CASA's efforts to pursue legislation bring increased risk to a significant fraction of its members, and serves to fracture the strength and advocacy of our group. 2655 Grant Avenue ■ San Lorenzo, California 94580 -1838 ■ (510) 276 - 4700. Fax (510) 276 -1528 c Email: info @oroloma.org www.oroloma.org Our belief is that regulations should focus on human health and environmental quality objectives. Regulations which force the means and methods used by an agency to meet the established objectives should be opposed by the CASA Board. The proposed legislation forces the hand of those with an existing program, as well as those who do not feel that it is in the best interest of the citizens they represent. We are in times of tremendous demands upon public services. At the same time, the resources available to fund the last dollar of service are becoming scarcer. In the case of Oro Loma, the costs associated with a private sewer lateral program would effectively double the costs to the ratepayers (assuming 2% turnover and $8,000 replacement cost). Based upon our lack of wet weather overflows in the last five years, the benefit associated with the expenditure is not measurable and not warranted. As servants of the citizenry, we are called to scrutinize expenditures in light of the benefits provided. A `one size fits all' approach eliminates our ability to apply scrutiny to achieve the optimal outcome, based upon the objectives established. The proposed framework neglects the fact that the District has televised its system four times, maintains an aggressive spot repair program to address identified defects, cleans its entire system on an average frequency of nine months, has invested significant capital in providing adequate capacity, and performs ongoing mainline replacements. We believe that each agency should maintain its authority and discretion to design a program to meet the established water quality and human health objectives. Our acquiescence to a `one size fits all' program undermines our professionalism and duty to the citizens we serve and to the environment. We concur with the thoughts expressed in the letter transmitted by Mr. James Kelly, General Manager of Central Contra Costa Sanitary District, to the CASA Board on April 27, 2009. The Ifl issue associated with private sewer laterals is best addressed on a case -by -case basis. The economic costs, agency risk associated with the `opt -out' language, and potential future consequences need to be fully vetted and shared with the entire CASA membership before any universal approach is adopted by the CASA Executive Board. Based upon these concepts, we are requesting that the CASA Board take action to discontinue all activities associated with the pursuit of a statewide private sewer lateral framework. Thank you in advance for your efforts and consideration of this request. Sincerely, Ho" Board President Cc: Michael F. Dillon, State Lobbyist James M. Kelly, General Manager, Central Contra Costa Sanitary District CASA Executive Board District FAX. (925) 676-7211 wwwxCB(raISRB.Org April 27, 2009 JAMES �;; Kh.'M37N L AIM f'm,=1 for the Ui.aaa Board of Directors (s10) R08-2M California Association of Sanitation Agencies 1:7.4INh R. 801,HMh 1215 K Street, Suite 2290 k< aoY -f1he Dwna Sacramento, CA 95814 Dear Board Members: RE: POTENTIAL PRIVATE SEWER LATERAL LEGISLATIVE INITIATIVE Central Contra Costa Sanitary District (CCCSD) recognizes that infiltration /Inflow (1 /1) is an issue of concern for many of CASA's members, including the 1/1 from Private Sewer Laterals (PSLs). However, CCCSD is very concerned with the legislative framework being considered by the PSL task force to address the 1/1 from PSLs from a state wide perspective. The 1/1 issue is different for each agency, as is the best/most cost effective approach to address 1 /1. Some agencies have tight or new systems with little 1 /I, others, such as CCCSD, have addressed the issue by investing in capacity. The proposed legislation would have no benefit to these agencies and could create significant financial and administrative burdens, and regulatory risk. For these reasons, the CCCSD Board of Directors has adopted an opposed position to CASA pursuing PSL legislation. CCCSD has invested extensively in adding capacity to its collection system, pumping stations, and treatment plant. CCCSD also has an aggressive renovation program targeted at its sewer mains. Currently, CCCSD experiences few, if any, sewer system overflows related to 1/1 from PSLs. CCCSD does not need the proposed legislation, nor need the potential complications it would bring. A satellite collection system served by CCCSD by contract at the City of Concord also has no significant contribution of 1/1 from PSI -s. The City of Concord does not currently have an ordinance requiring inspection at the point of sale, and under the proposed legislation, would need to implement a new program with its associated costs and administrative issues or opt out. CCCSD owns no portion of the lateral, while Concord owns the portion in the public Right of Way. CCCSD is specifically concerned with the economic costs and the unintended consequences of "Opt -out" language of the proposed legislative initiative. Economic Costs: The proposed legislative initiative to require inspection, and, if necessary, repair of PSLs at the time of transfer or sale of real estate will have significant financial impacts on public agencies and homeowners (rate payers /voters) as outlined below. BOARD OF DIRECTORS JAMCSA. VVIEDLY, I'mi dmi • MICHAEL R. McGI1J, I mukni Pro T= • BARBARA D. H(X'KFTT • GERAID R. 1.WFY • MARIO M. Mh'NESINI €i ft.'w Paper Board of Directors for the California Association of Sanitation Agencies Page 2 of 3 April 27, 2009 1. CCCSD has approximately 112,000 PSLs; an inspection and repair ordinance for PSLs would require five to six additional full -time employees at a cost in excess of $600,000 per year to administer the program. 2. There are many ways to address 1/1 in a collection system. Since CCCSD has the ability to store excess flows during wet weather events, the cost - effective approach for its service area has been a balance of capacity and renovation projects. CCCSD has spent in excess of $100 million pursuing this approach, all paid for by our rate.. payers. To require inspection and potential repair of private sewer laterals would essentially be asking our rate payers to pay twice for the same thing. 3. While CCCSD does not own any portion of the lateral, the Private Lateral Task Force Survey showed that one -third of all CASA Members own some part of the house or private lateral. The cost implication to one -third of CASA Members under this potential scenario could be significant and the expenditures may not be fixing areas that have 1/1 problems: While legislation could mandate homeowner inspection and repair without requiring the public entity to inspect and repair its portion of the lateral, this would reduce the benefit of the PSL program and be hard to defend to the home owner. This could directly impact the City of Concord. 4. The cost to the homeowner to TV- inspect the private lateral is $250 to $400, and if the lateral needs to be replaced, the homeowner pays another $3,000 to $5,000 (or more), plus compliance inspection costs. In an economic time period where real estate sales are depressed and there is lower homeowner equity, legislatively mandating these additional transaction costs will not be favorably received. "Out -out" Language: To address the concern of Agencies that believe they do not have an 1/1 issue related to the private sewer lateral, the Task Force's proposed legislation provides for an "Opt -out" provision. The current "Opt -out" clause requires an affirmative declaration (Board Resolution) that the agency does not have excessive 1 /1. Any "Opt - our language will have unintended consequences that may cause serious issues. For example, concerns voiced about the current. "Opt -out' language include: 1. Regional Agencies, who don't own the collection system, may run into legal difficulties trying to force satellite collection systems that have "Opted -out" to address 1/1 issues from private sewer laterals. 2. The "Opt -out" language could be interpreted by the Regulatory Community and Non - Govemment Organizations (NGOs) as an agency trying to avoid paying for the program. This could lead to additional regulatory agency audits and public records act requests from NGOs. This could ultimately lead to more enforcement actions and citizen lawsuits. Also, what would it take for an Agency to lose its ability to "Opt -out"? BOARD OF DIRECTORS JAMaA. NFIFOLY. Pmudwl • MICHAW. R. MR7I.1- Pm uknl Pm Tem • RARRARA b. HO('XF.7T • GERAIJ) N LIK'RY • MARIO M. MENRVNI Board of Directors for the California Association of Sanitation Agencies Page 3 of 3 April 27, 2009 3. A public agency that chooses to "Opt -out" and then experiences an overflow may be fined and sued by NGOs and be subject to increased settlement costs because they "avoided the cost" of a mandatory PSL program. 4. Because of concerns 2. and 3. above, agencies that have little or no PSL III concerns may choose to not "Opt -out" because they are concerned about making an Affirmative Declaration. This could lead to unneeded expenditures. Potential Future Consequences: Pursuing private sewer lateral inspection /repair legislation in a way is negotiating with ourselves. If the regulators want this, they can take steps to implement it and we can work to shape the law /regulation. We don't need to do it for them in these economic times. If agencies need this program, there are successful in -state models for the agencies to follow on how to develop and implement a program. Summary: At this time, the 1/1 issue associated with private sewer laterals is best addressed on a case -by -case basis rather than a one - way -fits all approach. There are effective PSL programs in place in the state. These programs could serve as models of how to have a successful outreach program and model ordinance for those who need a program now. This information could be used to develop a public education program that the CASA survey showed members want. The economic costs, unintended consequences of "Opt -out" language and potential future consequences need to be fully vetted and shared with the entire CASA membership before any approach is adopted by the CASA Executive Board. We believe once this has been done, you will concur now is not the time to pursue PSL legislation. CCCSD would be happy to have a member of our staff present our perspective to the PSL Task Force and the CASA Board. In closing, CASA and CCCSD share a common goal to protect public health and the environment. However, any action undertaken by CASA needs to be consistent with the needsfissues of all its members. Sincerely, JGaneral Manager JN:JMK:TJP:jf cc: CCCSD Board of Directors CASA Officers and Directors-at -large PSL Task Force Members Catherine A. Smith, CASA Executive Director Mike Dillon, State Lobbyist Kent Alm, Meyers Nave Riback Silver & Wilson BOARD OF DIRECTORS MUM A. NFJF.DJ Y. Pmkkm • MK'HAIiL R. MCG1U. Ilms wt 1 %, Tew • RARHARA I). HO(V,77 OF✓ULD R. UKTY • MARIO M MFNEVN1 R• WON •O E Z W �J vi- 4h H GJ R wO W O i �C P 0 V" fir• v '_��_� '' o In �o V'ig E R"�if v .0 v = C >` O cu N O a� v �wj O�� C 'N N i v p v O smy y o v d = a v T 1;A = O p K=.2 > N Y N LE 9 0 CU v O ,`Oc ° n > � C aJ 6J V N 7 'p n. R E O= E °. o E c E= E y c o @� o o >� ° L 3 N o 6 V t�Vp O y II O C (VII > v V O v' O- mc V L bA N ' Q! yJ a 1 OV w O v v i 4J V" n _ cry In �o V'ig E R"�if v .0 v —oF= V R O cu r v O v y o N LE 9 0 CU O> v 0 N V N 7 'p Y R O= E y in v t�Vp O y II O (VII > v V 7 O N O bA N ' @ v w i 4J C II _7 a n s v O o4 v_ o ob o N N flII. o o O— >. ❑ N CJ bOA R Q" m C 'CU 3 6J ❑ R N fl. 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Craig Board Meeting June 18, 2009 BULLDOG GAS AND POWER AGREEMENT ♦ Term 5 Years ♦ Duration February 1, 2007 — May 1, 2012 ♦ Termination 90 -day notice prior to May 1 ♦ Price 35 percent discount on first $4 of natural gas price 50 percent discount on next $4 of natural gas price Price ceiling of $4.60 I USAGE OF LANDFILL GAS ♦ 400 dth /day (146,000 dth /yr) ♦ Bulldog's consultant (SCS Engineers) projected 725 dth /day (265,000 dth /yr) for 10 years (October 2006) ♦ Above 550 dth /day, the Btu content decreases LANDFILL GAS QUALITY ♦ 500 Btu/cubic foot (1/2 Btu value of natural gas) ♦ No quality issues ♦ Previous issue with excessive water content in gas ♦ Cause: corroded heat exchanger on intercooler of gas compressor LANDFILL GAS COST ♦ Average monthly cost: $53,000 ♦ At or near price ceiling since beginning of agreement ♦ Discount has ranged from 42 percent to 60 percent of purchased natural gas price. Spot Makot Price vv. AVaoge Purchase Price wu9. vwa Hass $12.0 a t 34 CC U � i1 OC i $J CC v g a ? v g v ee,�ae Natural Gas PG &E Citygate Price per FY S1200 - S +o 30 -. SP ]B p 50.00. .. YEE E8.3, 593] I $750 S7.3R FIM IW EY E510 E9.00 Mo. g HaR N.0) En W Q Q 53.00 _ P so SC Oo FY 0001 FY 01@ FV ORA] FY 030a Fv WL' Fv p5.p8 FY OOD) FY 07LB FY 0&08 FY 0910 FY 10.11 FI —IYaer " n F � LEG PRICE VS NG SPOT MARKET PRICE nlc E 7 3o -7 1,,11 E1 11 IL slow $15.00 $14: Q) 513.. 51203 $11 W $19W 59 W g 50.00 + $7. So 00 :5.00 N 00 EJW SRW 5 l 3 O E E PEg100 SUMMARY ♦ Landfill gas has been reliable, but limited in quantity ♦ Improvements in gas wells are intended to stabilize current capacity, not increase capacity • Landfill gas quality has been acceptable ♦ Average landfill gas discount has been greater than 45 percent i 8.a.3) Central Contra Costa Sanitary District June 11, 2009 TO: HONORABLE BOARD OF DIRECTORS FROM: JAMES M. KELLY, GENERAL MANA KENT ALM, DISTRICT COUNSEL �e SUBJECT: REQUEST FROM CASA FOR FINANCIAL SUPPORT FOR APPEAL OF VACAVILLE DECISION A letter from the California Association of Sanitation Agencies (CASA) requesting the District assistance in funding CASA's appeal of a Trial Court decision in the City of Vacaville NPDES Permit Case is attached. The District supported the initial Vacaville litigation with two contributions: — $5,000 in 2003 — $4,000 in 2006 As noted in the attached letter, in an April 2009 ruling, the Contra Costa County Superior Court upheld the State Water Resources Control Board ( SWRCB) order (CASA lost). CASA suggested a $10,000 contribution from the District based on treatment plant capacity, however, staff recommends a $5,000 contribution because of the District's specific circumstances. Future litigation CASA initiates will be funded from their general budget; since this is ongoing litigation it is being funded in the same manner it started. While part of the lawsuit does not directly pertain to the District, the initial SWRCB decision provides increased discretion to Regional Boards in applying basin plan provisions and defining beneficial uses. This can lead to arbitrary non - science based permits that can be very expensive to comply with. These issues are a direct interest to the District, and why staff recommends a $5,000 contribution. JMK:sIc CALIFORNIA ASSOCIATION of SANITATION AGENCIES 121 i K Street, suite 2290 • Sarnunemu. CA 95814 - 1'EI.: r91b) 446 -0388 _ PAX: t916) -'31 -'_141 • vww.c: ,a,NeKory, \� May 22, 2009 �] 1660mV James M. Kelly, GM h:xcruliyu Board Central Contra Costa Sanitary District President 5019 Imhoff Place HARRY PRICE Martinez, CA 94553 Fairliald "Suisun Sewer District Secretary- rrcanmer RE: Appeal of Trial Court Decision in City of Vacaville NPDES Permit Casc- roar SELFRIDGE "rruekee Request for Financial Support Sanitary District 1st Vice President Dear Jim: RONALD E. YOUNG Elsinore Villcy Municipal Water District On behalf of the California Association of Sanitation Agencies (CASA), I am writing 'ad Vice President to request your support for an important ongoing legal effort. On April 7, 2009, the WYArrrROXEL Contra Costa County Superior Court issued a final order with far - reaching impacts for Inland Empire Utilities Agency California's wastewater treatment agencies. The Court upheld the precedential State rtAMIL S. AzoURY Water Resources Control Board Order regarding the permit issued to the City of oglenr s:.nea °- District Vacaville. (WQO 2002- 0015.) CASA and Vacaville challenged a number of GARYDARLING provisions in the State Board Order, including the State Water Board's affirmation of Delta Diablo Sanitation District the Regional Water Board's beneficial use designations and effluent limitations based MICHAEL DU;NBAR on the Sources of Drinking Water Policy (Resolution 88 -63) and the Basin Plan's so- South cast Water Distrut called "Tributary Statement." CASA and Vacaville also challenged the use of water JEFFERY G. HANSEN quality objectives that incorporate standards adopted by other agencies. Dublin San Ramon Senices District After lengthy proceedings involving numerous motions and other procedural issues, JOHN E. rIOACLWND the Court's final decision rejects the challenges tiled b CASA and Vacaville. J g y Rancho Calilim,ia R;ucr Disuia Notably, the brief decision cites little supporting legal authority or facts contained in BARBARA r rl' the voluminous administrative record. The Court did not simply accept the State Costa Central Contra Cana C sanitary District Water Board's arguments and conceded that the regulatory process Vacaville SFEVE 110GG underwent is less than ideal. However, the Court held: City nl Frcano While ... the process is less than efficient... [it] does not appear to JACKIE KEr1;E. C111M rlitl lead to arbitrary or capricious results ... and thus is not illegal. It is crar1:1.11S not the role orthejudiciary to determine which regulatory scheme is D,1V11) East Itay \bridled Utility District 'best' or `most functional.' If it were, the Court would certainly recommend a different approach here. (City O%Vacarille vs. Slate CAMERINE Sa11771 LxecWne l)ireclor Water Resources Control Board. Derision and Order Upon Cross - :1IUl!(1D.1',�(rY , Summary• /uds,'nleni Dr:It#ndic'ulion, Contra Costa County 111CIlAEL F. OILLON „bI,)i'l Superior Court, No. NO3 -0956 at pp. 2, 10.) (IREO KI.SFER iko,,,lids Poou,a o %hn.iccr l he CASA l..ceclltl VC Board has approved the filing of an ilppc`al, Which will Occur RORERLI LARSON this summer. As we discussed at the Spring Conference, CASA is rcqucsting your agcncy's linancial assistance to appeal the Court's decision. Traditionally. CASA has Rcgnl::u:y "Ani,irs relied on voluntary contributions limr litigation from members and other public I : Jrrd L• cis;.anc.\ .n, ate 1:11smiue Clem? li'aterl)rCalilcuIlia agencies with an interest in the issues. Without additional funding, CASA will be unable to represent your agency's and other members' interests in the lawsuit. Background In March 2001, the Central Valley Regional Water Quality Control Board (Regional Water Board) adopted a revised NPDES pennit for the City of Vacaville's Easterly Wastewater Treatment Plant. (Order No. R5 -01 -044.) The Pcrimi{ was one of the First issued to a discharger to an effluent- dependent waterbody (EDW) after the adoption of the California Toxics Rule (CTR) and State Implementation Policy. The State Water Board accepted Vacaville's petition for review of the Permit. CASA was a party to the administrative proceedings. CASA argued against the beneficial uses applied to the agricultural channel into which the Easterly W WTP discharges, overly stringent effluent limits and cost of compliance. Experts testified that reverse osmosis, microtiltration and ultra violet disinfection would be necessary to comply with the Permit. CASA emphasized the statewide impacts of using a similar approach to permit other EDW dischargers in the state. CASA estimated the capital costs to be in excess of $300 billion along with millions of dollars annually in operations and maintenance costs and a significant increase in energy demand. ,In the 2002 Order, the State Water Board generally affrrimed the Permit as issued. The 2002 Order failed to resolve the problem of applying CTR criteria end -of -pipe to EDW dischargers. Moreover, the 2002 Order'concluded that the Basin Plan's Tributary Statement and Sources of Drinking Water Policy designated beneficial uses for the receiving waters and a use attainability analysis (UAA) is necessary to de- designate the uses. The 2002 Order sets precedent for other, similar permitting decisions by Regional Water Boards throughout California. In 2002, CASA and Vacaville each tiled suit in Superior Court challenging the Permit, associated Basin Plan provisions and State Water Board Order. Issues The key issues in the case involve the Tributary Statement in the Basin Plan, Sources of Drinking Water Policy and improper water quality objectives. Tributary Statement The case involves the application (or misapplication) of the Basin Plan's Tributary Statement. CASA and Vacaville argued that the Tributary Statement does not Alesignate" heneticial uses. Rather, it requires the Regional Water Board to analyze the beneficial uses of tributary streams on a case -by -case basis when proposing to apply water quality ohjcCtivcs to those streams. The Court concluded that since the Regional Water Board has a process to amend the Basin Plan to remove unsupported beneficial uses, the process passes judicial scrutiny. Undcr the Court's decision, the Tributary Statement is a "presumption" that Can- be overcome if the dischargcr can establish that the beneficial use does not apply. (The State Water Board did not advance this argununt.) What the Court did not address, however, is that the only mans of rebutting this "presumptioli' is to amend the regulation itself — something that is riot only a resource - intensive administrative proceeding outside the permitting process, but is also beyond the discharger's ability to control. CASA disagrees that the Tributary Statement is a burden - shitting presumption. The rulemaking record for the Basin Plan does not establish that the Regional Water Board intended for the Tributary Statement to designate beneficial uses. Even if the record can be interpreted to support such an intention, the Regional Water Board failed to analyze the factors it must consider when setting water quality objectives. 2 Sources oj'Drinking {Voter Policy Similarly, CASA and Vacaville argued that establishing effluent limits based on a "drinking water" beneficial use derived from Resolution 88 -63, the Sources of Drinking Water Policy, is unlawful. The Office of Administrative Law (OAL) found Resolution 88 -63 to be an unlawful regulation. As such, Resolution 88 -63 cannot be a proper basis for the Regional Water Boards to designate beneficial uses. By its own terms, Resolution 88 -63 does not apply to waters such as agricultural drains —i.e., the type of drain to which Vacaville discharges. As with the Tributary Statement, the Court concluded the Regional Water Board could cure improperly designated beneficial uses by amending the Basin Plan. However, the discharger must first.establish that the receiving water is not a "source of drinking water." The process envisioned by the Court suggests that an adopted regulation such as the Basin Plan can be varied based upon evidence at the time of pernitting —which is contrary to the State Water Board Order the Court upheld. 3. Improper Mater Quality Objectives The relevant Basin Plan contains water quality objectives that are based on drinking water standards or maximum contaminant levels (MCLs) adopted by the Califomia Department of Public Health (CDPH). The Basin Plan also contains "non - detect" water quality objectives for certain pesticides, and the Basin Plan delegates the authority to the Regional Water Board's Executive Officer and the United States Environmental Protection Agcncy (EPA) to approve laboratory techniques. CASA and Vacaville argued that because the Basin Plan incorporates standards adopted by other agencies, it improperly delegates the water boards' exclusive authority to adopt water quality objcctivcs. When the Regional Watcr Board adopts objcctivcs, it most comply with the Water Code's mandates to attain a reasonable wader quality and consider the factors in Water Code section 13241. CD1111 and f.'.1'A do not have to comply with those provisions of the Water Code. Since the Basin flan essentially allows these agcncics to adopt water duality objectives for the Regional Water Board, it bypasses the legal requirements for adopting objectives. For example, CDPFI adopts MCLs to apply at the tap, after 'treatment. EPA adopts lab analysis standards without considering their impact on the attainability of effluent limits. The Court upheld the deference to CDPH, prospective incorporation by reference and application of a moving detection level as a water quality objective. The Court suggested that this practice was appropriate reliance on scientific expertise rather than a bypassing of the due process that is to be afforded through notice and comment rulenwking. The judge did not address the case law cited by CASA and Vacaville in support of our position that the incorporation is unlawful. Significance of the Lawsuit If CASA is successful, the Regional Water Boards could adopt effluent limits for discharges to EDWs based on appropriate beneficial use designations without the need for an expensive and cumbersome UAA process. If the decision stands, each pennittee must complete a lengthy UAA and Basin Plan amendment process with no certainty of a favorable outcome. Meanwhile, pen-nits will include stringent end -of -pipe limits that require the agency to design and construct costly treatment processes even where there is no certainty the improvements will enable the agency to meet the effluent limits. While Vacaville's permit was originally issued by the Central Valley Regional Water Board, the State Water Board's Order is precedential, and applies throughout California. Almost all Basin Plans have incorporated the Sources of Drinking Water Policy and include a version of the Tributary Statement. Equally importantly, the Vacaville appeal is important to ensure that the State and Regional Water Boards must follow the law in adopting and applying Basin Plan provisions that may result in significant expenditures of public resources. It is simply untenable to allow a system where beneficial uses designated without science, without analysis — essentially, with the stroke of a pen — become set in stone and can only be made right on a permit -by- pennit basis through years of work and millions of dollars. Next Important Steps CASA plans to appeal the Court's final decision and seek a ruling that the Regional Water Boards must follow the law when they establish beneficial uses and water quality objectives. We need your help to do this. We understand that your agency receives competing requests for its limited resources. We also recognize and appreciate that many of you contributed funds earlier in this process. CASA is grateful for the contributions and progress they helped to achieve. However, your continued financial support is vital for CASA to sustain this critical efti)rL The Court's decision will result in unnecessary and overly bURICnSOmC perolit requirements for CASA members throughout the state, so WC urge you to support the appeal. There is no specific deadline tier responding; however. in order to facilitate our budgeting and planning processes, we rcqucst that you return your pledge form by June ?0. 2009. Thank you in advance for your support of the Vacaville litivation. Your support of this important legal action will truly make a difference. If you would like additional inronliation, please contact Roberta L. Larson, CASA's Director of Legal and Regulatory Affairs at (916) 446 -7979 or blarson - somachlaw.com. Sincerely, 1� Harry T. Price President cc: Executive Board Mark Cornelius, Chair, Attorneys Committee Catherine A. Smith, Executive Director Roberta L. Larson, Director of Legal & Regulatory Attairs M� WO Funding for the Appeal of the Vacaville Permit Decision 2009 Contribution Pledge Form Agency Name: Contact: E -mail: We are pleased to help with this very important activity and pledge the following amount: R Suggested.contribution levels: WWTP Flow (All agency facilities combined)^;' Collection Only Agencies; $500 <1 MGD.,.. - $1000 -� 1 to 10 M66 ; . $2,500 10 to:-25 MGD 25 to 100 MGD $7,500 `? > 100 -MGD $10,000;° Please.Ye'turn pledge form to: Debbie Welch CASA 1215 K Street, Suite 2290 Sacramento, CA 95814 Telephone: (916) 446 -0388: Facsimile: (916) 231.2141 E -mail: dwelch@casaweb.ore You do not need to send o check at this time. You will receive an invoice_ based upon your pledge. Thank you! Agenda Item 8.a.4) Board Meeting of June 18, 2009 Meetings /Events a) Walnut Creek Sewer Renovation Project (Phase 7) Public Workshop The District will host a public workshop on Tuesday, June 23, 2009 from 7 p.m. to 8 p.m. in the 3rd floor conference room at the City of Walnut Creek offices located at 1666 N. Main Street. The project will replace /rehabilitate approximately 9,842 feet of 6, 8 and 15 -inch sewer pipe at several different sites in Walnut Creek using open cut, pipe - bursting, and horizontal directional drilling methods. Staff has spoken to 25 residents who will be affected by easement work on their property. b) Dave Contreras Retirement District Manager David R. Contreras of the Mt. View Sanitary District is retiring. A celebration will be held in his honor on Saturday, July 11, 2009 at 6 p.m. at Zio Fraedo's in Pleasant Hill. The celebration will honor his 36 years of service. Staff Travel /Conferences c) Nutrient Removal Specialty Conference Attendance Environmental Services Division Manager Curt Swanson will be attending a Nutrient Removal Specialty Conference in Washington, D. C. from June 28 through July 1, 2009. The conference is sponsored by the Water Environment Federation. There are national and state efforts underway to investigate and establish nutrient limits from wastewater discharges. The associated cost is covered by Mr. Swanson's annual Professional Expense Reimbursement. d) Travel for Testing Purposes for the Standby Power Facility Improvements Project (DP 7248) The new 12 kV switchgear for the Standby Power Facility Improvements Project is being fabricated and is scheduled to be factory witness tested al the General Electric- Zenith facility in Chicago, Illinois on or around August 3 and 4, 2009. The switchgear is critical to operation of the new 2 Megawatt generators in conjunction with the plant electrical and control system. In order to stay on schedule, it must be ready for installation by August 13, 2009. Therefore, it is crucial to verify performance prior to shipment. The District will send Senior Engineer Dave Reindl and Maintenance Planner /Inspector Mark Cavallero to witness the testing. The cost of travel is included in the project budget. Project Updates e) Headworks and Mechanical Shop Roof Replacements DP 7211 On June 8, 2009, Best Contracting Services (BEST) unofficially informed the District that they made a $100,000 mistake in their bid for the Headworks and Mechanical Shop Roof Replacements, DP 7211.The Board awarded this construction contract to BEST at the May 21, 2009 Board Meeting. District staff received the signed contracts, insurance certificates, payment, and performance bonds from BEST on June 3, 2009. Per the bid documents, if a bidder should claim a mistake was made in its bid, that bidder shall give the Secretary of the District written notice within five (5) business days after bid opening of the alleged mistake, in accordance with Public Contract Code, Section 5103. The bid opening took place on Monday, May 11, 2009. Staff, with assistance from District Counsel, sent a certified letter. (attached) to BEST on June 11, 2009 clearly stating that the District expects BEST to complete the project; and that if BEST does not perform, the District has the right to complete the project through BEST's Surety and would exercise that right. This is being provided for informational purposes only. No action is requested of the Board at this time. f) Collection Systems Operations Facility Improvements Project The Collection Systems Operations Facility Improvements Project plans and specifications are now ready for submittal to the City of Walnut Creek for plan review. The initial fee for the site development permit review is $15,000. The initial fee for the building permit review is $25,000, followed by a second installment of $38,200 after partial review. The total City fees are still being negotiated, but are anticipated to be around $400,000 through completion of construction. Staff is planning to make the first submittal on June 19, 2009. The design cannot be completed without the City's review. g) Public Bidding of Pleasant Hill Sewer Renovations (Phase 1), DP 5961 The Pleasant Hill Sewer Renovations (Phase 1) Project is part of the ongoing Collection System Renovation Program. The project will replace approximately 2,500 linear feet of 6- and 8 -inch sewer lines within public right -of -way in Pleasant Hill. Open -cut, pipeburst, and cured -in -place pipe methods will be used. This project will be advertised on June 30 and July 6, 2009. Bids will be opened on July 23, 2009. The construction cost is currently estimated at $400,000. More information will be presented when the Board is asked to approve the construction contract at the August 6, 2009 Board Meeting. General h) Status of Service Agreement Renewal with Contra Costa Clean Water Program Since 1997, the District has successfully provided stormwater inspection and investigation services for the cities in Central County under an Interagency Service Agreement with the Contra Costa Clean Water Program (CWP). The current agreement expires after June 30, 2009. Due to delays within the county processes, the agreement will not be ready for the Board to consider adoption prior to the expiration date. CWP Manager Donald Freitas estimates that the agreement renewal will be effective within the first two months of fiscal year 2009 -10. District staff provided the CWP with the documents to support the processing of this service agreement renewal in November 2008, including stronger indemnification language requested by the Board. District staff will continue to work with CWP staff to process the agreement renewal document so that it can be presented to the Board. As a result of this delay, the District will suspend services under this agreement after July 1, 2009. Two inspector positions are contingently funded through the revenues from this agreement. The fiscal year 2009 -10 revenue should be unaffected since the District plans to condense the inspection activities into the remaining ten months of the fiscal year. In addition to maintaining their normal pretreatment workload, all inspectors will be directed to conduct work on significant Source Control initiatives during the suspension of the CWP agreement. Those duties include: • Conducting on -site dental facility inspections. • Conducting Compliance Consultation visits for businesses potentially subject to the new Best Management Practices (BMP) Permits, which primarily affect vehicle service businesses. • Conducting follow -up inspections of affected businesses to determine if the BMP Permit is appropriate. If the suspension of services lasts longer than two months, staff will evaluate the progress towards completing the above program initiatives. Alternative assignments for Source Control Inspection Staff will be evaluated to use the contingently funded positions to support other department workload. For example, the Engineering Department currently uses a number of contract inspectors to manage the construction workload. One or more Source Control Inspectors can be reassigned to conduct this work in lieu of a contract inspector. Also, several of the Source Control Inspectors have experience working at the Household Hazardous Waste Facility and could be reassigned there in lieu of contract help. i) Bay Area Air Quality Management District Reportable Compliance Activity On June 5, 2009, Central Contra Costa Sanitary District staff reported a multiple -hearth furnace opacity excursion to the Bay Area Air Quality Management District ( BAAQMD). The excursion occurred on June 4, 2009 and lasted for 6 minutes and 20 seconds as the result of a failure of the induced -draft fan, variable- frequency drive (VFD). The VFD tripped offline, and a backup VFD was started within a few minutes. During the process of bringing the furnace back online, the burn zone became unstable, causing the opacity excursion. A BAAQMD inspector reviewed the operating data on June 9, 2009. After further technical review, BAAQMD will determine if an enforcement action is warranted. Spa, y'-P-) District FAX: (925) 372 -7892 June 11, 2009 File: 7211.51.2 CERTIFIED MAIL NO. 7006 0810 0005 0892 3544 RETURN RECEIPT REQUESTED Mr. Mohammad Beigi Best Contracting Services 29300 Pacific Street Hayward, CA 94544 Dear Mr. Beigi: CONTRACT EXECUTED: HEADWORKS AND MECHANICAL SHOP ROOFS DISTRICT PROJECT NO. 7211 JAMFSM KELLY General Manager KFN70N L. AIM Counsel far the Di.amet (51(t) 808 -2000 FLAINF N. BOFHMF. Secretary afthe Diatrict Enclosed for your use and files is an original executed contract document for the Headworks and Mechanical Shop Roofs, District Project No. 7211. On Monday, June 8, the Districts' Project Manager, Ms. Dana Lawson, contacted your Hayward Office to follow up on receipt of the signed contracts. She was directed to contact Mr. Tom Ryan, Best Contracting Services' Senior Project Manager, and during their conversation Mr. Ryan stated that he had underbid the project by as much as $100,000. When asked about the discrepancy, he said it was due to a material cost. Per the bid documents, if a bidder should claim a mistake was made in its bid, that bidder shall give the Secretary of the District written notice within five (5) business days after bid opening of the alleged mistake, in accordance with California Public Contract Code Section 5103. The bid opening was May 11, 2009. Best Contracting Services' did not inform the District of its mistake in a timely manner in accordance with the bid documents and state law. In addition, on June 2, 2009, Best Contracting Services submitted a signed contract, including performance and payment bonds, worker's compensation certificate, and insurance certificates in good form. There was no discussion of a mistake when the contract was executed on June 2. N:\PESUP\CONSTUstrict Projects \7211\Ltr_Return Contract.doc �_. P. , Recytletl Paper Mr. Beigi Page 2 of 2 June 11, 2009 The District expects Best Contracting Services to complete the project in accordance with the contract. Please note that in GC -36, Termination of Right to Proceed, it is within the District's right to call upon the Surety to complete the work. If you have any questions, I can be contacted at 925 - 229 -7388. Sincerely, Ba T. Than, PE/ BTT:DL:jf Enclosures cc (w/ enclosures): The Guarantee Company of North America USA 25800 Northwestern Highway, Suite 720 Southfield, MI 48075 -8410 cc (w /o enclosures): Ann Farrell, Jim Kelly, Dana Lawson, Tad Pilecki, File Copy Richard Pio Roda (Meyers -Nave) 1249055.1 NAPESUP \CONSnOistrict Projects \7211 \Ltr_Return Contract.doc 4 Central Contra Costa Sanitary District Board Meeting June 18, 2009 Board Member McGill Item 8.d.1) FUTURE MEETINGS AND CONFERENCES WITH PAID EXPENSES AND /OR STIPEND Will attend the CCC Luncheon Congressman Jerry McNerney June 30, 2009 Will attend the Mayors' Conference in Brentwood, CA, July 2, 2009 Future Committee Meetings: Outreach June 22, 2009 MEETINGS AND CONFERENCES THAT EXPENSES AND /OR STIPEND WAS PAID Committee Meetings None Attended the Mayors' Conference June 4, 2009 Item 8.d.2 Announcements Attended Contra Costa Council Land Use Task Force Meeting June 10, 2009 with Bill Lindsey, Manager Richmond regarding the economic down turns impacts on the City' s budget Attended Contra Costa Council Water Task Force Meeting June 16, 2009 Attended CCCSD staff presentation regarding Capital Projects June 17, 2009 Will attend: Contra Costa Council Board Meeting June 19, 2009 HBANC Eastern Division Board Meeting June 23, 2009 Central Contra Costa Sanitary District BOARD OF DIRECTORS -POSITION PAPER Board Meeting Date: June 18, 2009 No.: 9.a. Human :Resources Type of action: ADOPT MEMORANDUM OF UNDERSTANDING subject: ADOPT MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND THE MANAGEMENT GROUP EFFECTIVE JUNE 18, 2009 THROUGH APRIL 17, 2012 Submitted By: Elaine R. Boehme InitiatingDept./Div.: Administration Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: Z. Boehm - A. Woodall ames M. elly, eneral anager ISSUE: Board representatives and representatives of the Management Group have tentatively agreed to a Memorandum of Understanding (MOU). Approval of the MOU by the Board of Directors is now appropriate. RECOMMENDATION: Adopt the MOU with the Management Group effective June 18, 2009 through April 17, 2012. FINANCIAL IMPACTS: The cost of additional salary and benefit adjustments for negotiated changes in the first year of the agreement is approximately $60,000. ALTERNATIVES /CONSIDERATIONS: Based on Board direction in closed session at its meeting of June 4, 2009, no further alternatives are presented. BACKGROUND: The proposed Management compensation package is similar to the MOU previously. adopted by the Board for the Management Support/Confidential Group (MS /CG). Highlights of the MOU are as follows: Wages: First year: 3 %; Years 2 and 3: CPI, floor of 2 %, ceiling of 4% Tier III: For new employees hired on or after July 1, 2009 1. Enrollees in a PPO will pay the difference in premiums between the PPO and highest cost HMO. 2. Rule of 70 with minimum of 55 years of age and 10 years of service as eligibility for retiree and spouse medical and dental after retirement. 3. District contribution to medical plans for retirees is set to the lowest cost HMO. The District shall pay 50% of the premium cost for the lowest cost HMO (includes pre- Medicare and Medicare supplement plans) for the retiree and spouse. The retiree shall pay full cost to cover other eligible dependents. POSITION PAPER Board Meeting Date: JUNE 18, 2009 subject. ADOPT MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND THE MANAGEMENT GROUP EFFECTIVE JUNE 18, 2009 THROUGH APRIL 17, 2012 4. Eliminate Medicare reimbursements. 5. Eliminate retiree life insurance. Professional Education: Allow increase in accumulation from two to three years' education allowance ($9,000) subject to GM approval. Out -of- country education must be approved in advance by the Board. Attendee will present a report upon return. Terminal Compensation: Allow deferral of 100% of total compensation, as defined in the 401(a) Plan Document under Section 5.03 (b), or the Internal Revenue Service maximum contribution limit, whichever is lower, New Cell Phone Options: The District will meet with Management Group representatives to develop a new cell phone program, if appropriate. Orthodontia: $2500 lifetime per enrollee. RECOMMENDED BOARD ACTION: Adopt the Memorandum of Understanding between the District and the Central Contra Costa Sanitary District Management Group, covering all the positions designated as Management, effective June 18, 2009 through April 17, 2012. CENTRAL CONTRA COSTA SANITARY DISTRICT MANAGEMENT GROUP MEMORANDUM OF UNDERSTANDING AVRILJune 18, 20039 THROUGH APRIL 17, 209912 RECOGNITION AND COVERAGE The Management Group is the formally recognized exclusive employee representative for all Management Management, of the Central Contr a Group shall represent: Classification Director of Administration Employees, excluding Executive Costa Sanitary District. The Management Salary Range M -20 Director of Engineering M -20 Director of Operations M -20 Director of Collection System Operations M -20 Environmental Services Division Manager M -264 Capital Projects Division Manager M -264 Plant Operations Division Manager M -264 Controller M -29 Human Resources Manager M -33 Purchasing and Materials Manager M -35 AA-27 Communication ServicesCommuRity A#aim Manager M -35 The District need not fill those positions as listed above. RIGHTS The Board of Directors' Representatives and the duly appointed Representatives of the Management Group will meet and confer in good faith. The Board of Directors, or any agent thereof, agrees that there will be no interference, restraint or coercion against the Management Group or any employee because of his /her group membership or group activity. All employees of this bargaining unit, Management Group, in addition to being governed by this Agreement, shall also be subject to the District's rules, regulations, and policies having general applicability to employees of the District and any subsequent rules, regulations, and policies that may be promulgated in the future, so long as they do not conflict with this Agreement, past practices, or the law. Issues affecting employment which arise from members of the Management Group concerning the interpretation or application of the District's rules, regulations, or policies shall be discussed between the Manager, Manager's Supervisor, and the General Manager in a good faith attempt to resolve the issue. If they cannot reach a solution, the Board of Directors will hear the issue and make the final decision. III TERM This Memorandum of Understanding shall remain in full force and effect from June Apr4 18, 20039 through April 17, 200912. IV GENERAL AND MERIT INCREASES Effective April 18, 20039 all covered positions shall receive an increase of threefear percent (43 %). The D'stFiGt shall provide a lump sum payment in thp ;;rnpunt Af $1,500 per Effective April 18, 200410, the wage adjustment shall be based on changes in the Consumers Price Index (CPI) for all Urban Consumers (San Francisco /Oakland /San Jose) during the February 20039 to February 200410 base period. Depending on the CPI, the salary adjustment shall be at least two percent (2 %), but no more than fOUrfive percent (54 %). Effective April 18, 200511, the wage adjustment shall be based on changes in the Consumers Price Index (CPI) for all Urban Consumers (San Francisco /Oakland /San Jose) during the February 200410 to February 204511 base period. Depending on the CPI, the salary adjustment shall be at least two percent (2 %), but no more than four five percent (54 %). !he wage adju6trneRt shall be based en- changes in the Censumers -Prise (CPI-HGf�altWban Consumers (San ringt#e February 2005 to February 2006 base pefied - Depend4ng- GR4he-GR4 -the salary adjustment shall -be atleast two W-Ge- t (2° }but- noFRG re4#aan- six - percent (6%). .. s ! .. r�reft.a� low M. .. _ .. Dep9R4Oeg-ent4ie-CPI-, the salary adjustment shall be at-least e- Q-9/4,-: G e- •ee : _ e -s •! a -s S, a1z V Employees normally receive a salary step increase upon satisfactory completion of their Probationary period and a merit increase of one salary step every twelve (12) months from the date they achieve permanent status until they reach the top of their range. The District shall distribute paychecks directly to the employee on the last regular District working day of each month. However, if the employee so elects, distribution may take place at the employee's written request by courtesy deposit to the Contra Costa Federal Credit Union or by direct deposit to any single financial institution accepting electronic wire transfer from the Federal Reserve Bank. Employees shall be paid based on a pay period from the 18th to 17th of each month. VACATION Hired prior Hired after Annual Maximum to May 1, 1985 May 1, 1985 Allowance Accrual Years EmDloved The extra days accrued due to service of over five (5) years are credited to each employee's account on his /her anniversary date. If an employee leaves the District for any reason he /she will be paid for any earned vacation time not used. Payment of accumulated vacation time shall occur upon written request of the employee provided that the employee has either used at least ten (10) vacation days during the last twelve (12) months or has accrued sufficient vacation time to take a mandatory ten (10) days of vacation time off within the calendar year of application. Note the following exception to the above: payment of accumulated vacation time above the maximum annual accrual shall occur automatically on the anniversary date on which the time would be lost provided that an employee has 3 0 -3 Years 10 Days 20 Days 0 -5 Years 3 -5 15 30 5 -10 5 -10 16 32 10 -15 10 -15 17 34 15 -20 15 -20 20 40 20 -25 20 -25 25 50 25 -30 25+ 30 60 30+ 35 70 The extra days accrued due to service of over five (5) years are credited to each employee's account on his /her anniversary date. If an employee leaves the District for any reason he /she will be paid for any earned vacation time not used. Payment of accumulated vacation time shall occur upon written request of the employee provided that the employee has either used at least ten (10) vacation days during the last twelve (12) months or has accrued sufficient vacation time to take a mandatory ten (10) days of vacation time off within the calendar year of application. Note the following exception to the above: payment of accumulated vacation time above the maximum annual accrual shall occur automatically on the anniversary date on which the time would be lost provided that an employee has 3 VI used at least ten (10) vacation days during the last twelve (12) months. SICK LEAVE Employees hired prior to May 1, 1985, earn fifteen (15) days of sick leave per year. Employees hired after May 1, 1985, earn twelve (12) days of sick leave per year. Sick leave may be used up to ten (10) days annually to attend to the health needs of an immediate family member. Also, in the event of a death in the employee's immediate family, the employee may be absent up to a maximum of ten (10) days and have the time off charged to his /her sick leave account. Unused sick leave accumulates from one year to the next. There is no maximum limitation. The balance of unused accumulated sick leave is credited as longevity upon retirement. For employees hired prior to May 1, 1985, the District shall augment the above sick leave policy with an incentive benefit using a formula crediting eighty -five (85 %) of the employee's yearly unused sick leave to an accumulating account for that employee. For employees hired after May 1, 1985, the following schedule shall apply: Years of Pay -Off Credit Pay -Off Credit Service at Termination at Retirement 0 -5 0% 0% 5 -10 25 25 10 -25 25 35 25+ 25 40 VII MEDICAL INSURANCE Current regular or probationary employees shall be provided with a choice of three health plans. As of the date of this Agreement, those plans are Kaiser, a HealthNet HMO and a HealthNet PPO. In the event these plans become unavailable due to unforeseen circumstances, the parties agree to meet and confer as soon as possible to negotiate the effects of any such change. The premium cost of the plans shall be borne by the District._ However, employees hired after June 30, 2009 who select the PPO plan shall pay through payroll deduction the difference in premiums between the PPO plan and the highest cost HMO plan. Employees with dual health insurance coverage may withdraw from the District's health insurance plan and receive $455 200 of additional salary in lieu of enrollment in the medical plan. The parties agree that in the event that federal health care reform legislation becomes effective during the term of this Agreement which calls for health or other benefits different, or under different terms than those provided for in the Agreement, they will immediately meet and confer for the appropriate modification. VIII RETIREMENT PROGRAM Retirement is based upon a formula which includes the employee's age, salary, and years of service. The District's contribution is 100% of the amount of the Employee's basic contribution in addition to the District's normal contribution. During the period of this Memorandum of Understanding, the employee will continue to contribute the employee cost -of- living (C.O.L.) share to the retirement system as required by the Contra Costa County Retirement System. IX CONTINUANCE OF BENEFIT PLAN TIER I: Employees hired prior to May 1, 1985, shall be provided with the continuance of medical, dental, and reduced life insurance plans (one -half of life insurance provided at the time of retirement) when they retire from District employment provided that they meet the "Rule of 65." Under the "Rule of 65" an employee's age plus years of service with the District at the time of retirement must total 65, with a minimum requirement that the employee must be at least age 50 and have at least ten (10) years of continuous service with the District at the time of retirement. Eligible employees' qualified dependents (as defined by the plan provider) who were covered as dependents at the time of retirement also shall be covered by medical and dental plans. TIER II: Employees hired after May 1, 1985 but before April 19, 2003, shall be provided with the continuation of medical and dental and reduced life insurance plans ($10,000 policy) in force at the time of retirement provided that they meet the "Rule of 65." Under the "Rule of 65" an employee's age plus years of service with the District at the time of requirement must total 65, with a minimum requirement that the employee must be at least age 50 and have a minimum of ten (10) years of continuous service with the District at the time of retirement. Employees hired after April 18, 2003, who have reached age 55 and have a minimum of ten (10) years of continuous service with the District at the time of retirement shall be covered by medical and dental plans when they retire from District employment. The District shall continue to pay for the full cost of an eligible retired employee's medical and dental coverage until the employee's 65`x' birthday. At age 65, the retired employee shall pay the District fifty percent (50 %) of the cost to the District for the employee's medical and dental coverage. 5 Eligible employees' qualified dependents (as defined by the plan provider) who were covered as dependents at the time of retirement also shall be covered by medical and dental plans with the exception that the District shall only pay for the full cost of an eligible dependent's medical and dental plan premiums until the eligible dependent's 6511 birthday. At age 65, the eligible dependent shall pay the District fifty percent (50 %) of the cost to the District for the eligible dependent's medical and dental coverage. TIER III: Employees hired after June 30, 2009 shall be covered by medical and dental plans when they retire from District employment provided that they meet the "Rule of 70." Under the "Rule of 70," an employee's age plus Vears of service with the District at the time of retirement must total 70, with a minimum requirement that the employee must be at least age 55 and have at least ten It 0) years of continuous service with the District at the time of retirement. The District shall only pay fiftV (50 %) of the premium cost for the lowest cost medical and dental plan for the retiree and spouse. Eligible employees' qualified dependents (as defined by the plan provider) other than the employee's spouse who were covered as dependents at the time of retirement also shall be covered by medical and dental plans with the exception that the employee shall paV the full cost of coverage for those dependents. COMMON TO ALL RETIREES: At the time of an employee's retirement, all qualified dependents (as defined by the plan provider) who already were dependents at the time of retirement, shall continue to be covered by the District's medical and dental plans in accordance with the Tier I and Tier II benefits as stated above. The District shall have no obligation to pay for coverage for more than two -party (retiree plus one) coverage for any new and different dependent added after the date of retirement. Medical coverage will be integrated (integration shall start at the age designated for Medicare benefits, currently age 65) with Medicare for all retirees regardless of hire date and eligible dependents upon their 65th birthday. If the retiree's /dependent's health plan requires enrollment at age 65 in Medicare Part B, the retiree and /or dependent shall be responsible for paying for the Medicare premiums. For Tier I and II retirees, Uupon submission of evidence of payment to Medicare, the District will reimburse the retiree and /or dependent for the cost of the Medicare Part B premiums. For Tier III the District shall not reimburse any Medicare premiums. However, the District will not be responsible for any penalties or increased costs in the Medicare premium should the employee and /or eligible dependent not enroll in Medicare during the enrollment period surrounding his /her 65th birthday. The program for dependents of a deceased employee shall provide for the continuance of health and dental benefits for the length of that employee's total service with the District (in other than temporary status), or until such time that C the spouse remarries, or until such time that the dependents no longer qualify for benefits as stated by the District's policy. X DENTAL PLAN The District shall provide a dental care program fully paid by the District. Delta Dental shall be the dental plan provider. XI DISABILITY INSURANCE All employees will be required to maintain a Long Term Disability Program. Employees shall pay the premiums for the Long Term Disability Program. The premium amount previously paid by the District will be included in employees' compensation. XII LIFE INSURANCE The District provides term life insurance and accidental death and dismemberment coverage as follows: The lesser of (a) an amount equal to two times the employee's annual earnings, the result rounded to the next higher multiple of $1,000 if not an exact multiple thereof, or (b)$250,000. Dependents term life insurance equals $1,500 for employee's spouse and $100 for employee's children according to attained age of 14 days or over but less than six months, and $1,000 for children six months or over until age nineteen, unless a full -time student less than 23 years of age and dependent upon the employee for support. XIII OTHER LEAVES If an employee is called for jury duty, he /she may either take time off with pay and turn eveF tO the Di6tF Gt not take any monies reGeived from the court (not including mileage allowance or meal expense) as a juror„ ^• heishe Fna take YaGatiGR leave or leave witheut pay and keep all the FneRies pa d to the employee. Mileage allowance shall be kept by the employee under any circumstance. Employees who are assigned to military duty are entitled to military leave in accordance with the provisions of applicable state laws (California Military and Veterans Code, Section 395 et. seq.). For the purposes of State Disability Insurance, Pregnancy Disability Leave is effective the first date the employee is disabled. The District will require verification from the employee's physician. E.g. If an employee's last day of work is 9/1, and the baby is delivered on 10/1, then the effective date of Pregnancy Disability Leave will be 9/1. Upon termination of the disability (generally six weeks following a regular delivery; eight weeks following a Caesarean Section, or the length of the disability whichever is longer), the employee will no longer be able to use sick leave, but will be allowed to use any accrued vacation or leave without pay. The combination of time off for approved Pregnancy Disability Leave and Family Medical Leave may not total more than seven months per occasion. This requires approval of the Department Director. The District will comply with the provisions of the Family and Medical Leave Act and the California Family Rights Act. The District will require an employee to exhaust his /her sick leave prior to considering leave of absence without pay for the purposes of family and medical leave. All Management Group employees will receive forty (40) hours per year administrative leave. These administrative leave hours will be credited to each employee's account on the first day of the May pay cycle of each applicable year. XIV HOLIDAYS There are thirteen (13) paid holidays. XV CAFETERIA PLAN All employees shall be provided $375 per month for use on the Cafeteria Plan. Yearly benefits will be calculated as of January 1 of each year. Effective January 1, 2004, the District shall contribute an additional $50 per month for each employee to the Cafeteria Plan provided that this additional amount must be used to reimburse eligible Cafeteria Plan expenses. The additional $50 per month may not be taken in cash. XVI PROFESSIONAL EXPENSE REIMBURSEMENT Each manager shall have a Professional Expense Reimbursement not to exceed $3,000 per fiscal year for their use in improving their knowledge and skills. This allowance would be used for professional, job - related training, class, or conference requested by the manager. It is subject to approval by the General Manager. Travel would be limited to the U.S. and Canada unless the General Manager and the District Board approve attending functions outside the U.S. and Canada. The unused portion may carry over im l,;u additional fiscal years, allowing for a maximum expenditure in any fiscal year of $69,000. XVII REGISTRATION DIFFERENTIAL The District grants a five percent (5 %) salary increase to employees who achieve registration or license as a Professional Engineer, Land Surveyor, or Certified Public Accountant while employed by the DiStFiG in a position not requiring such registration or license. XVIII PROFESSIONAL REGISTRATION C XIX XX XXI The District shall pay the registration and renewal fees for all professional registered engineers, licensed land surveyors, Certified Public Accountants, and those employees who hold a current California Wastewater Treatment Plant Operator's Certificate. The registration and /or certificate must be a requirement of the employee's classification. LONGEVITY COMPENSATION Employees who have 10 years or more of service in the District will receive an additional two and one -half percent (21/2 %) salary increase. 401(a) PLAN AND DEFERRED COMPENSATION PROGRAM In lieu of Social Security, the District offers a 401(a) Plan. The District's contribution to the 401(a) Plan is an amount equal to that which normally would have been contributed to Social Security. If, during the term of this Memorandum of Understanding, the District is required by law to participate in the Social Security system, the District will cease contributing to the 401(a) Plan and will meet and confer on the change. The District also offers a Deferred Compensation Plan. Employee participation in the Deferred Compensation Plan is voluntary. TERMINAL COMPENSATION The employee's terminal compensation will be contributed by the District to the 401(a) plan at termination retirement or resignation at 100% of total compensation as defined in the 401(a) Plan Document under Section 5.03 (b) or the Internal Revenue Service maximum contribution limit, whichever is lower: Code mandated limits in resignation. Any other outstanding vacation or sick leave and earned overtime due the employee at the time of termination retirement or resignation will be calculated and issued to the employee with the final paycheck All unused accumulated sick leave at the time of retirement is credited as longevity upon retirement. zr.T.T.rz +.w ... .• XXII SALARY CONTINUANCE It shall be the general policy of the District to continue pay to an employee under the Salary Continuance Plan when an employee incurs a work - related injury or illness. This plan commences if the employee qualifies for temporary disability payments from Worker's Compensation for the disability and, if in the opinion of the District, the disability is work - related. If the injury or illness is determined legitimate, all of the employee's regular benefits will continue during the time this plan is in effect. The salary continuance will be equivalent to seventy percent (70 %) of gross salary less any Worker's Compensation payments. The maximum period for which this plan could be used by an employee will be six (6) months or until a stable level of disability is reached, whichever comes first. The Salary Continuance Plan will commence on the fourth day after the disabled employee leaves work as a result of the injury or illness after a three -day waiting period. However, if the injury or illness causes disability of more than twenty -one (21) days or necessitates hospitalization, the Plan will become effective from the first day the injured employee leaves work as a result of the injury or illness. The employee may use vacation or sick leave accrual during this waiting period. XXIII VEHICLES /MILEAGE Those employees driving their personal vehicle on District business, including Department Directors, shall be reimbursed by the District at the rate allowed by the Internal Revenue Service without tax consequences. XXIV SAFETY EQUIPMENT Personal safety equipment required by the employee to perform his /her job duties will be provided by the District. The employee will be entitled to safety shoes and safety glasses in accordance with the applicable District policies and standards. XXV EMPLOYEE ASSISTANCE PROGRAM (EAP) The District Employee Assistance Program shall be provided by the District to the employee. XXVI SAVINGS 10 If any provision of this Memorandum of Understanding should be held invalid or outside the scope of bargaining by operation of law or by the final judgment of any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby. XXVII SIGNATURES TO AGREEMENT Entered into this 224 -21' -day of ?JURe 20039 subject to the adoption by the Board of Directors of Central Contra Costa Sanitary District. CENTRAL CONTRA COSTA MANAGEMENT GROUP SANITARY DISTRICT ELAINE R. BOEHME Invrr r MI IR. CURTIS W. SWANSON ALLISON M. WOODALL DOUGLAS J. CRAIG HARRICTTE HEIBE MICHAEL SCAHILL 11 'm &` `CONTRA COSTA OS� WATER DISTRICT 1331 Concord Avenue P.O. Box H2O Concord, CA 94524 (925) 668 -8000 FAX (925) 688 -8122 www,ccwater.com June 4, 2009 Directors Mr. James Nei edly, President �O.a.. Joseph L. Campbell Board of Directors President Central Costa County Sanitary District Karl L. Wandry 5019 Imhoff Place Vice President Martinez, CA 94553 Elizabeth R. Anello Bette n Subject: Recycled Water Meeting Progress Review � y er g ro g John A. A. Burgh Walter J. Bishop Dear Presiders ejedly: -kJIA4 — General Manager RECENED JUN 0 8 2009 CCCSD SECRETARY OF THE DISTRICT On April 7, 2009, we met and discussed recycled water opportunities in our area. The purpose of this letter is to review progress on follow -up actions from the meeting. We agreed that recycled water service to Concord Naval Weapons Station (CNWS) is a perfect opportunity for Central Costa County Sanitary District (CCCSD) to expand its recycled water program. Contra Costa Water District (CCWD) has strongly advocated that state -of -the -art conservation and recycling needs to be a foundational element of this new community. We estimate that the CNWS represents a potential for recycling up to 6,000 acre -feet of water per year. To give you a sense of how significant this project could be for our area, the total CNWS recycling demand is roughly 15% of our current potable water use in Central County. The City has tasked CCWD with developing a water supply plan for the CNWS within the next six months. Recycled water is a critical element of our plan. To ensure a secure supply is available when development occurs, CCWD needs some form of agreement with CCCSD that indicates that CCCSD is the reliable supplier of the water and the principles to be used in calculating the cost. CCWD has proposed a set of principles to be included in this commitment. After some delay, CCCSD has determined that they do not want a supply agreement, but would prefer a will -serve letter form of commitment. CCWD does not care about the form of request or commitment that CCCSD prefers, we just want to be assured that a sufficient supply of recycled water is committed to the project and that we have an approach to deal with costs. There was also discussion in the meeting on focusing future recycled water development on new power plants in our area. One near -term opportunity discussed with your staff was the new power facilities in the industrial shoreline corridor being proposed by Mirant. CCCSD claimed it was negotiating for ownership of the existing pipelines that could be used to serve recycled water to the new Mirant plants. However, after further investigation, CCCSD was not in a position to serve recycled water to Mirant. CCWD is actively working with Delta Diablo Sanitation District (DDSD) and Mr. James Nejedly, President Central Costa County Sanitary District, Board of Directors June 3, 2009 Page 2 Mirant on an agreement to serve the proposed facilities an estimated 3,000 acre -feet of recycled water per year in a manner that avoids redirected impacts. CCWD attempted to include your agency as the supplier, but the timing was not right. Additionally, DDSD took the position that Mirant was in their reclaimed water supply area. Recycled water to the new Mirant facilities will further contribute to the total recycled supply in CCWD's area. As you no doubt are aware, CCWD's recycling supply is already greater on a per capita basis than any other Bay Area water utility. In an effort to see eye to eye on Delta outflow effects from recycling in our area, and specifically existing users like Shell, a meeting was held recently among staff from both agencies. Apparently CCCSD staff are constrained to the point that further meetings were not desired. We thought a workshop was concurred with at our meeting of April 7, but apparently, your staff could not agree to this and only agreed to meet after further discussion with your Board of Directors committee on recycling. CCWD does not understand CCCSD's reluctance to cooperate. CCWD desires to work cooperatively so future recycling projects are cost - effective for our area, and will contribute to the CCWD water supply portfolio without impacting the Delta. As an example of our commitment, CC" supported federal funding for CCCSD's Concord Recycled Distribution System Expansion Project when federal legislators conferred with us. In closing, I would like to bring one other point to your attention. CCWD and CCCSD share a vested interest in providing cost - effective and environmentally sound services to our customers. To further this goal, we have worked collaboratively in the past. Recently, however, members of your staff have injected themselves into CCWD projects, such as the Los Vaqueros Reservoir Expansion Project EIR review process, and complained directly to California lawmakers, the Bureau of Reclamation and the State Water Resources Control Board about CCWD's project. While perhaps well - intended, these staff - driven communications are inaccurate and counterproductive to our mutually held goals to expand recycled water opportunities in our service area. I would be happy to discuss any of these matters with you so we can establish a solid and sound foundation for the Concord Naval Weapons Station project. Please do not hesitate to call me personally, if you have any questions. I will call to set up a lunch wh= you and I can review this. Joseph L- President JDB:mc cc: James M. Kelly, Central Contra Costa Sanitary District 10.b. SUNNYBROOK ROAD ALAMO, CA 94507 June 8, 2009 Contra Costa Central Sanitary District Board of Directors C/O Russ Leavitt 5019 Imhoff Place Martinez, CA 94553 RE: Sunnybrook Rd., Alamo, CA Installation of Sewer Main Dear Board of Directors: The home owners on Sunnybrook Rd, Alamo (attached) are requesting that Contra Costa County Sanitary District ( CCCSD) consider the installation of a new sewer main in Sunnybrook Road by means of a Contractual Assessment District (CAD). As part of the installation we are also requesting the installation of laterals to the property line and fees to CCCSD for sewer system capacity, inspection, sewer service and encroachment fees. With the current economic times, it is not feasible for the homeowners to obtain a home equity loan for such improvements. The other contributing factors are that almost half of the owners are seniors over the age of 80 years and it is too much of a hardship to pay all the costs up front associated for the improvements. The homeowners wish you take our request under advisement and allow the formation of a CAD for the sewer main extension in Sunnybrook Road. If you should have any questions, I can be reached at 510- 377 -6370. Sinckrely, Steven M. Savage 1428 Sunnybrook Rd. 1429 Sunnybrook Rd. J'a n &S rn Lt- 1438 Sunnybrook Rd. 1439 Sunnybrook Rd. 1448 Sunnybrook Rd. T /oy-?&d A. 7e- 1449 Sunnybrook Rd. 1458 Sunnybrook Rd. 1459 Sunnybrook Rd. �? Jye✓c h . �Q dGC� 1468 Sunnybrook Rd.f %1 1469 Sunnybrook Rd. P / 4L" 1478 Sunnybrook Rd. N i k L /jv)A S,) )s a.A 1479 mm -,1 a , 1�9 Sunnybrook Rd. 1498 Sunnybrook Rd. Ni61114ij- Tlz y/ Wc 1499 Sunnybrook Rd. S Go TT V H L N R 40 + !' j Agenda Item 11a GRAYSON CREEK REW EMERGENCY REPAIR UPDATE DP 7278 June 18, 2009 STATUS OF PERMANENT REPAIR • County approved solution • Design Drawings and Specifications completed • RFP Sent to Contractors on June 15 • Solicited Proposals From: —Mountain Cascade, Inc. — Manito Construction, Inc. — C. Overaa & Company — F. D. Thomas, Inc. 1 STATUS OF PERMANENT REPAIR • Flood Control District — Reviewing Structural Calculations — Reviewing Design Drawings — Preparing Re- Construction Encroachment Permit • Department of Fish and Game — Notified June 15 — Reviewing Permit Application — Must be completed by Oct 1, 2009 • US Army Corps of Engineers — Notified June 15 SCHEDULE WITH EMERGENCY • Contractor proposals due June 22 • Notice to proceed June 26 • Review submittals July 13* • Contractor mobilizes July 27* • All materials on site Aug. 24* • Work completed Sept. 14* • Work completed without emergency Nov. 2* • Week of Expenditures to date - $100,000 r 1� l RECOMMENDATION • Need to complete by October 1, 2009 • Authorize the General Manager under Public Contract Code 22050 (b) to continue with emergency repairs on the recycled water pipeline at Grayson Creek in Martinez QUESTIONS A Pipeline Supports Ar 4 v mom= • � news_ � �� Yrer r� ®r %ti.wnx Orw.wa. _ `i t C!