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Home My WebLink About08/06/2009 AGENDA BACKUPCentral Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 6, 2009 No.: 3.d. Consent Calendar TypeorAction: AUTHORIZE PUBLIC NOTICE Subject. AUTHORIZE A PUBLIC NOTICE TO INDICATE AVAILABILITY OF DOCUMENTATION IN SUPPORT OF THE DISTRICT'S APPROPRIATIONS LIMIT Submitted By. Initiating Dept. /Div.: Debbie Ratcliff, Controller Administrative / Finance & Accounting REVIEWED AND RECOMMENDED FOR BOARD ACTION: D. Ratcli *X Ff M/9 raves ISSUE: The Central Contra Costa Sanitary District is required to establish its appropriations limit in accordance with Article XIII B of the California Constitution. RECOMMENDATION: Authorize a public notice advertising that documentation used in the determination of the appropriations limit shall be available fifteen days prior to the Board Meeting to be held on September 3, 2009, at which the appropriations limit for the Sewer Construction Fund for the fiscal year of 2009 -2010 will be established. FINANCIAL IMPACTS: None ALTERNATIVES /CONSIDERATIONS: The appropriations limit can be calculated using the California per capita personal income percentage change of .62% or the.local assessment roll due to local non - residential construction of -259 %. BACKGROUND: Proposition 4 was approved on November 6, 1979, and was incorporated in the California Constitution as Article XIII B. As amended, Article XIII B imposes a limit on the rate of growth in governmental spending. Specifically, this limits the spending of tax revenue plus interest. It limits appropriations of state and local governments to the appropriations of the 1978 -1979 base year adjusted in each subsequent year for changes in the California per capita personal income from the preceding year or the percentage change in the local assessment roll from the preceding year due to the addition of local nonresidential new construction. Article XIII B requires government agencies to establish their appropriations limit by resolution each year at a regularly scheduled meeting. Notice to the public of availability of documentation in support of the appropriations limit must be given fifteen days prior to adoption. The appropriations limit is open to challenge within 45 days of the effective date of the resolution. N:\ADMINSUP \ADMIN \POSPAPER\Authorize Public Notice 08- 06- 09.doc Page 1 of 3 POSITION PAPER Board Meeting Date: August 6, 2009 subject: AUTHORIZE A PUBLIC NOTICE TO INDICATE AVAILABILITY OF DOCUMENTATION IN SUPPORT OF THE DISTRICT'S APPROPRIATIONS LIMIT Methodology: The appropriations limit is increased annually by a factor comprised of the change in population combined with either the change in California per capita personal income or the change in the local assessment roll due to local nonresidential construction. The Board is to select between the per capita personal income or the change in the local assessment roll due to local nonresidential construction by a recorded vote. The change in the local assessment roll for the 2009 -2010 fiscal year has been reported by the County Assessor to be - 259 %. The California per capita personal income percentage change is .62 %. The change in the California per capita personal income percentage is being used in the calculation of the 2009- 2010 appropriations limit since it is the larger of the two (2) factors. Last fiscal year's appropriations limit was calculated to be $72,428,338. The appropriations limit for 2009 -2010 is calculated to be $78,814,305. This limit is set on the District's proceeds of taxes. The District receives approximately $12 million in taxes which is well below the limit. RECOMMENDED BOARD ACTION: Authorize a public notice advertising that documentation used in the determination of the appropriations limit shall be available fifteen days prior to the Board Meeting to be held on September 3, 2009, at which the appropriations limit for the Sewer Construction Fund (tax revenue plus interest) for the fiscal year of 2009 -2010 will be established. N:W DMINSUP�ADMIN\POSPAPERWuthorize Public Notice 08- 06- 09.doc Page 2 of 3 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 6, 2009 No.: 3 .e. Consent Calendar Type of Action: APPROVE PROGRAM CONTINUANCE Subject: APPROVE CONTINUANCE OF EMPLOYEE COMPUTER HARDWARE PURCHASE ASSISTANCE PROGRAM Submitted By: Initiating Dept. /Div.: Mark Greenawalt. IT Administrator Administrative / IT REVIEWED AND RECOMMENDED FOR BOARD ACTION: i M. Greenawalt D James M. ally, General anager ISSUE: Board approval is required for continuance of the District's Employee Computer Hardware Purchase Assistance Program. RECOMMENDATION: Approve the continuance of the Employee Computer Hardware Purchase Assistance Program effective August 6, 2009. FINANCIAL IMPACTS: Currently $7,759 is invested in computer loans to District employees. ALTERNATIVES /CONSIDERATIONS: The Employee Computer Hardware Purchase Assistance Program could be reduced or eliminated, however, this is not recommended by staff. BACKGROUND: The District's Employee Computer Hardware Purchase Assistance Program was initially approved by the Board effective July 1, 1995, with a condition for Board review every two years. In 2003, the Board requested that staff change this to an annual review. Both the employees and the District benefit from this program. On the one hand, the program provides employees with a low cost resource to purchase a home computer. On the other hand, it benefits the District by providing an opportunity for employees to enhance their computer skills. The utilization of computers continues to increase at the District and there are now few staff positions that do not use a computer in some facet of their job. Over one hundred District employees have taken advantage of this program since its inception in 1996. The revolving loan fund of $70,000 currently has $7,759 in outstanding loans with a $62,241 balance available for new loans as of June 30, 2009. In the past year, 7 loans have been extended for a total dollar amount of $8,795. The program is proposed to continue to operate from the same approved funds and retain the same basic structure. N:\ ADMINSUP\ADMIN \POSPAPER\Approve Employee Computer Purchase Program 08- 06- 2009.doc Page 1 of 2 POSITION PAPER Board Meeting Date: August 6, 2009 subject: APPROVE CONTINUANCE OF EMPLOYEE COMPUTER HARDWARE PURCHASE ASSISTANCE PROGRAM Program Overview The District will charge participants at the LAIF interest rate, and will get the same rate of return as it would if the loan fund were invested rather than extended to employees. The program will continue to be administered by the Accounting Section. The minimum loan amount is $600. Only one loan can be outstanding at any time per employee for a maximum of $2,000. Purchased computers must be compatible with current District standards, and will require the review of the IT Administrator. Peripherals and software purchased with computers are covered by this program (i.e. printers, disk drives, etc.). As computer systems continue to change in this fast paced industry, employees will want to take advantage of newer technology. Continuing the District's Employee Computer Hardware Purchase Assistance Program would allow employees to take advantage of new technology. It will also allow employees who desire to improve their computer skills and have not taken advantage of this program to do so. The Computer Hardware Purchase Assistance Program was reviewed with the Finance Committee on August 3, 2009. Staff recommends that this program be continued and will report to the Board every year via Position Paper. RECOMMENDED BOARD ACTION: Approve the continuance of the Employee Computer Hardware Purchase Assistance Program effective August 6, 2009, for a one - year period. N: \HDMINSUPVADMIMPOSPAPER\Approve Employee Computer Purchase Program 08- 06- 2009.doc Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: AUGUST 6, 2009 No.: 3.f. Consent Calendar Type of Action: ADOPT RESOLUTIONS subject: ADOPT RESOLUTIONS ACCEPTING A GRANT OF EASEMENT AND AUTHORIZING EXECUTION OF A QUITCLAIM DEED TO THE PROPERTY OWNER AT 1619 MARY DRIVE, PLEASANT HILL (DISTRICT PROJECT 4985 — PARCELS 32 AND R -32 *) Submitted By: Initiating Dept. /Div.: Ricardo Hernandez, Senior Right of Way Agent Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: R. Hernandez S. lund C. Swanson mes M elly, eneral anager ISSUE: A resolution ofThe Board of Directors is required to accept or quitclaim easements and to authorize staff to record documents. RECOMMENDATION: Adopt resolutions accepting a grant of easement and authorizing execution of a quitclaim deed, and authorizing staff to record the documents with the Contra Costa County Recorder. FINANCIAL IMPACTS: $500 was paid to the property owner for the permanent easement exchange (grant of new easement and quitclaim of existing easement) ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Pleasant Hill Relief Interceptor was built in phases from 1996 through 2005. Portions of the alignment were changed during construction to accommodate micro - tunneling. Staff is now proceeding to modify the right of way alignment to match the as -built pipeline alignment by obtaining new easements and quitclaiming the old easements. Eleven easements on Ruth Drive, Harriet Drive, and Mary Drive will be obtained to accommodate the new alignment. Eight property owners have signed the new grants of easements (including the subject owner). Additional easement exchanges will be submitted for Board approval once the subsequent grants of easements are obtained from the remaining three property owners. CENLEa A� 680Pp qty cA CHILPANCINGO e 242 o PLEASAw HILL BLVD�S a 4 SRE 0y� 680 o < 3 a t r VICINITY MAP N: \ENVRSEC \Position Papers \Hernandez R\2009W985 PHRI PP Accept Esmnts Paper Final 08- 06- 09_1.doc Page 1 of 2 POSITION PAPER Board Meeting Date: August 6, 2009 Subject: ADOPT RESOLUTIONS ACCEPTING A GRANT OF EASEMENT AND AUTHORIZING EXECUTION OF A QUITCLAIM DEED TO THE PROPERTY OWNER AT 1619 MARY DRIVE, PLEASANT HILL (DISTRICT PROJECT 4985 — PARCELS 32 AND R -32') The quitclaim deed will extinguish CCCSD's existing easement (location where the sewer was not installed as designed) and the grant of easement will provide CCCSD with recorded land rights of the as -built location of the sewer. RECOMMENDED BOARD ACTION: Adopt resolutions accepting a grant of easement from Jeffrey Paul Leonard, and authorizing the President of the Board of Directors and the Secretary of the District to execute a Quitclaim Deed to the same and authorizing staff to record the documents with the Contra Costa County Recorder. 'Easement parcel numbers are for internal job log use only. N: \ENVRSEMPosition Papers \Hernandez R0009 \4985 PHRI PP Accept Esmnts Paper Final 08- 06- 09_l.doc 'Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 6, 2009 No.: 3.g. Consent Calendar Type or Action: ADOPT RESOLUTION Subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM MARDEL LLC FOR AN EASEMENT IN THE TOWN OF DANVILLE SHOWN ON THE MAP OF SUBDIVISION 7960, AND AUTHORIZING STAFF TO RECORD THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER (JOB 5854, PARCEL 1') Submitted By: _ Initiating Dept. /Div.: Pat Camorongan, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTIO P. Camorongan J. amoto -Mills C. Swanson James M. elly. General MAnager ISSUE: A resolution of the Board of Directors is required to accept offers of dedication, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication for an easement in the town of Danville, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: The new easement was acquired at no cost to the District. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements by resolution. The recommended resolution will accept an easement shown on the map of Subdivision 7960 required for a recent sewer extension off Cross Bridge Road in the town of Danville. Staff has reviewed the subdivision map and determined that it is in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an offer of dedication for an easement in the town of Danville from Mardel LLC, as shown on the map of Subdivision 7960, and authorizing staff to record the resolution with the Contra Costa County Recorder. *Easement parcel numbers are for internal job log use only. N:\ENVRSEC \Position Papers \Camorongan \PP 5854 Offer of Dedication Mardel Final 8- 6- 09.doc CROSS BRIDGE SITE DANnlbflddff VICINITY MAP NT.S. Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 6, 2009 No.: 3;h. Consent Calendar Type of Action: ADOPT RESOLUTION Subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM TALAMARK DEVELOPMENT, INC., FOR EASEMENTS IN THE TOWN OF DANVILLE SHOWN ON THE MAP OF SUBDIVISION 9078, AND AUTHORIZING STAFF TO RECORD THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER (JOB 6444 — PARCELS 2 THROUGH 6') Submitted By: Initiating Dept. /Div.: Pat Camorongan, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: ITION: P. Camorongan . -AFa James . Kelly, Gneral anage r ISSUE: A resolution of the Board of Directors is required to accept offers of dedication and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication for easements in the town of Danville, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: The new easements were acquired at no cost to the District. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accept easements by resolution. The recommended resolution will accept easements shown on the map of Subdivision 9078 required for a recent sewer extension off Old Blackhawk Road in the town of Danville. Staff has reviewed the subdivision map, and determined it is in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an offer of dedication from Talamark Development, Inc., for easements in the town of Danville DAnMWILE VICINITY MAP NTS. shown on the map of Subdivision 9078, and authorizing staff to record the resolution with the Contra Costa County Recorder. 'Easement parcel numbers are for internal job log use only. N: \ENVRSEC \Position Papers \Camorongan \PP 6444 OD Talamark Final 8- 6- 09.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 6, 2009 No.: 3.i. Consent Calendar Type of Action: ADOPT RESOLUTION Subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM THE WINDEMERE BLC LAND COMPANY LLC FOR AN EASEMENT IN THE CITY OF SAN RAMON SHOWN ON THE MAP OF SUBDIVISION 8508, AND AUTHORIZING STAFF TO RECORD THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER (JOB 5852, PARCEL 1 *) Submitted By: Initiating Dept /Div.: Pat Camorongan, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: P.P. Caan J. y moto Mills A- Fart511 ames M. wly enera Manager ISSUE: A resolution of the Board of Directors is required to accept offers of dedication, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication for an easement in the city of San Ramon, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: The new easement was acquired at no cost to the District. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements by resolution. The recommended resolution will accept an easement shown on the map of Subdivision 8508 required for a recent sewer extension off Albion Road in the city of San Ramon. Staff has reviewed the subdivision map and determined that it is in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an offer of dedication for an easement in the city of San Ramon from Windemere BLC Land Company LLC, as shown on the map of Subdivision 8508, and authorizing staff to record the resolution with the Contra Costa County Recorder. 'Easement parcel numbers are for internal job log use only. p H r Y�i i G ON R0 qa SITE RAW 16V VICINITY MAP4' xrs N: \ENVRSEC \Position Papers \Camorongan \5852_PP Offer of Dedication Windemere Final 8- 6- 09.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 6, 2009 No.: 3. j . Consent Calendar Type of Action: ADOPT RESOLUTION Subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM THE BERTOLERO DEVELOPMENT CORPORATION, INC., FOR AN EASEMENT IN THE TOWN OF DANVILLE SHOWN ON THE MAP OF MINOR SUBDIVISION MS 851 -2004, AND AUTHORIZING STAFF TO RECORD THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER (JOB 5871, PARCEL 1 ") Submitted By: Initiating Dept. /Div.: Pat Camorongan, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTT P. Camorongan J. M mot' -Mills C. Swanson ames ally General anager ISSUE: A resolution of the Board of Directors is required to accept offers of dedication, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication for an easement in the town of Danville, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: The new easement was acquired at no cost to the District. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements by resolution. The recommended resolution will accept an easement shown on the map of minor subdivision MS 851- 2004 required for a recent sewer extension off Camino Ramon in the town of Danville. Staff has reviewed the subdivision map and determined that it is in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an offer of dedication for an easement in the town of Danville from Bertolero Development Corporation, Inc., formerly known as Navlet's, Inc., as shown on the map of minor subdivision MS 851 -2004, and authorizing staff to record the resolution with the Contra Costa County Recorder. 'Easement parcel numbers are for internal job log use only. 1 1 `rry Dwero RD AND r 650 qo SYCAMORE � CAMNO RAMON SITE m� VICINITY MAP N TS. N:\ENVRSEC \Position Papers \Camorongan \PP 5871 OD Bertolero Final 8- 6- 09.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 6, 2009 No.: 3.k. Consent Calendar Type of Action: CONFIRM PUBLICATION subject: ADOPT A RESOLUTION CONFIRMING PUBLICATION OF A SUMMARY OF DISTRICT ORDINANCE NO. 256 (UNCODIFIED) - ESTABLISHING REIMBURSEMENT FEES APPLICABLE TO PROPERTIES THAT CONNECT TO JOB 5684 (CRESTVIEW COURT, ORINDA) STANDARD SEWER FACILITIES; JOB 5855 (CANON DRIVE, ORINDA) SPECIAL SEWER FACILITIES; JOB 6435 (RAMON COURT, DANVILLE) STANDARD SEWER FACILITIES; AND JOB 6453 (CHERRY LANE, WALNUT CREEK) STANDARD SEWER FACILITIES Submitted By: Initiating Dept. /Div,: Administrative Department Elaine R. Boehme Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: James Kelly, Genera anager ISSUE: Section 6490 of the Health and Safety Code of the State of California provides that District ordinances shall be published once in a newspaper of general circulation within the District, and provides that an Order of the Board of Directors of the District to the effect that the ordinance has been published shall constitute conclusive evidence that publication has been properly made. RECOMMENDATION: Adopt a resolution confirming the publication of a summary of District Ordinance No. 256. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: Establishes presumption that the ordinance was correctly published and therefore would be deemed procedurally valid by a court. BACKGROUND: A summary of District Ordinance No. 256 (Uncodified) which was adopted by the Board at the meeting of June 18, 2009, and which establishes reimbursement fees applicable to properties that connect to Job 5684 (Crestview Court, Orinda) Standard Sewer Facilities; Job 5855 (Canon Drive, Orinda) Special Sewer Facilities; Job 6435 (Ramon Court, Danville) Standard Sewer Facilities; and Job 6453 (Cherry Lane, Walnut Creek) Standard Sewer Facilities, was published in the Contra Costa Times on June 18, 2009. Proof of publication is attached. RECOMMENDED BOARD ACTION: Adopt a resolution confirming the publication of a summary of District Ordinance No. 256. Page 1 of 3 RESOLUTION NO. 2009- RESOLUTION CONFIRMING PUBLICATION OF A SUMMARY OF'DISTRICT ORDINANCE NO. 256 (UNCODIFIED) ESTABLISHING REIMBURSEMENT FEES APPLICABLE TO PROPERTIES THAT CONNECT TO JOB 5684 (CRESTVIEW COURT, ORINDA) STANDARD SEWER FACILITIES; JOB 5855 (CANON DRIVE, ORINDA) SPECIAL SEWER FACILITIES; JOB 6435 (RAMON COURT, DANVILLE) STANDARD SEWER FACILITIES; AND JOB 6453 (CHERRY LANE, WALNUT CREEK) STANDARD SEWER FACILITIES WHEREAS, Section 6490 of the Health and Safety Code of the State of California provides that District ordinances shall be published once in a newspaper of general circulation within the District, and provides that an Order of the Board of Directors of the District to the effect that the Ordinance has been published shall constitute conclusive evidence that publication has been properly made. NOW, THEREFORE, be it resolved by the Board of Directors of the Central Contra Costa Sanitary District as follows: THAT a summary of District Ordinance No. 256 (Uncodified) which was adopted on June 18, 2009, and which Establishes Reimbursement Fees Applicable to Properties that Connect to Job 5684 (Crestview Court, Orinda) Standard Sewer Facilities; Job 5855 (Canon Drive, Orinda) Special Sewer Facilities; Job 6435 (Ramon Court, Danville) Standard Sewer Facilities; and Job 6453 (Cherry Lane, Walnut Creek) Standard Sewer Facilities, has been properly published once since its adoption in a newspaper of general circulation within Contra Costa County. PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of Directors this 6t" day of August, 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, COUNTERSIGNED: County of Contra Costa, State of California 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 District Counsel tntWosta Times P 0 Box 4147 Walnut Creek, CA 94596 (925)935 -2525 Central CC Sanitary Ann/Acets Payable,5019 Imhoff Pl. Martinez CA 94553 -4316 PROOF OF :PUBLICATION FILE NO. In the matter of Ordinance 256 I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above- entitled matter. I am the Principal Legal Clerk of the Contra Costa Times, a newspaper of general circulation, printed and published at 2640 Shadelands Drive in the City of Walnut Creek, County of Contra Costa, 94598 And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of October 22, 1934. Case Number 19764. The notice, of which the annexed is a printed copy (set in type not small than nonpareil), has been published.in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 613012009 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 30 day of June, 2009 Signature Legal No. SUMMARyor DidNANCEN&M Adopted: June 18, 2009 AVES:Membem:Hockett. Gill. Meneslnl, Ne, d NM%embers•None ABSENT:Membem:None s/s James A. Nele0lyy President of the Disble[ Board of the Central Contra Costa Sanitary District. County of Contra Costa, State or Cellfomle COLIWERS1ONE4 's/s Elaine R Boehme Secretary of the Central Contra Caste Sanitary District, County of Contra Costs, State of Ca ifor. me s/s rroveo as to FUnrr. Kenton L Alm Kenton L Alm District Counsel ADC"3191R16 June 306 2009 0003191516 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 6, 2009 No.: 3.1. Consent Calendar Type of Action: ACCEPT CONTRACT WORK/AUTHORIZE FILING OF THE NOTICE OF COMPLETION Subject: ACCEPT THE CONTRACT WORK FOR THE MARTINEZ SEWER RENOVATIONS, PHASE 2, DISTRICT PROJECT 5979, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION Submitted By: Initiating Dept /Div.: Michael J. Penny, Associate Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: it l M. Penny A. Mesta ts y cki A. Farr I /James M. Ke y, eneral Ma ger ISSUE: Construction has been completed on the Martinez Sewer Renovations, Phase 2, District Project 5979, and the work is now ready for acceptance. RECOMMENDATION: Accept the contract work for the Martinez Sewer Renovations, Phase 2, District Project 5979,, 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 Martinez Sewer Renovations, Phase 2, project included renovating approximately 6,000 feet of 6 -inch sewer pipe in Martinez. The sewers were replaced by open -cut construction. On July 3, 2008, the Board of Directors authorized the award of a contract for the construction of the project to William G. McCullough Company. The Notice to Proceed was issued on August 4, 2008. The work was substantially completed on June 19, 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 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. N: \PESUP \Cbradley \POSITION PAPERS \Penny \5979 Accept Contract Work PP.doc Page 1 of 2 POSITION PAPER Board Meeting Date: August 6, 2009 subject. ACCEPT THE CONTRACT WORK FOR THE MARTINEZ SEWER RENOVATIONS, PHASE 2, DISTRICT PROJECT 5979, AND AUTHORIZE FILING -OF THE NOTICE OF COMPLETION The total authorized budget for the project is $2,178,000. 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 Martinez Sewer Renovations, Phase 2, District Project 5979, and authorize filing of the Notice of Completion. N: \PESUP \Cbradley \POSITION PAPERS \Penny \5979 Accept Contract Work PP.doc Page 2 of 2 4.a. Hearings CENTRAL CONTRA COSTA SANITARY DISTRICT PUBLIC HEARING TO RECEIVE COMMENTS ON DIRECTING THAT THE 2009 -10 ASSESSMENTS FOR ALHAMBRA VALLEY ASSESSMENT DISTRICTS BE COLLECTED ON THE CONTRA COSTA COUNTY TAX ROLL SUGGESTED AGENDA August 6, 2009 Request staff report Public hearing on placing 2009 -10 assessments for Alhambra Valley Assessment Districts on the Contra Costa County Tax Roll A. Open public hearing B. Receive public comment C. Close public hearing III. Consider adoption of a resolution directing that the 2009 -10 assessments for Alhambra Valley Assessment Districts be collected on the Contra Costa County Tax Roll NAENVRSEMPosition Papers\ Leavitt\ 2009 \PP- Hearing09- 10AVADS- TaxRoll Final 6- 6- 09.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 6, 2009 No.: 4.a. Hearings Type of Action: CONDUCT PUBLIC HEARING; ADOPT RESOLUTION Subject: CONDUCT A PUBLIC HEARING AND ADOPT A RESOLUTION DIRECTING THAT THE 2009 -10 ASSESSMENTS FOR ALHAMBRA VALLEY ASSESSMENT DISTRICTS BE COLLECTED ON THE CONTRA COSTA COUNTY TAX ROLL Submitted By: Initiating Dept. /Div.: Russell Leavitt, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: R. Leavitt C. Swanson James elly, General anager ISSUE: The Board of Directors' authorization by resolution is needed to place charges on the Contra Costa County tax roll. RECOMMENDATION: Conduct a public hearing and adopt a resolution directing that the 2009 -10 assessments for the Alhambra Valley Assessment Districts be collected on the Contra Costa County tax roll. FINANCIAL IMPACTS: This action will provide for collection of $197,036.34 in 2009 -10 assessments from properties participating in Alhambra Valley Assessment Districts. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: Some of the property owners who are voluntarily participating in Alhambra Valley Assessment Districts have agreed to pay for sewer improvements over a fifteen -year period. These properties are referenced in Exhibit "A" attached to the resolution. Payments are to be collected by placing assessments on each property owner's tax bill. A resolution of the Board is needed to place assessments for Alhambra Valley Assessment Districts on the Contra Costa County tax roll. RECOMMENDED BOARD ACTION: Conduct a public hearing and adopt a resolution directing that the 2009 -10 assessments for the Alhambra Valley Assessment Districts be collected on the Contra Costa County tax roll. N: \ENVRSEC \Position Papers\ Leavitt\ 2009 \PP- Hearing09- 10AVADS- TaxRoll Final 8- 6- 09.doc Page 1 of 1 RESOLUTION NO. 2009- A RESOLUTION DIRECTING THAT THE 2009 -10 ASSESSMENTS FOR ALHAMBRA VALLEY ASSESSMENT DISTRICTS BE COLLECTED ON THE CONTRA COSTA COUNTY TAX ROLL WHEREAS, the Central Contra Costa Sanitary District ( CCCSD) has entered into written agreements with certain property owners who have formed Alhambra Valley Assessment Districts to pay for sewer improvements over a fifteen -year period; and WHEREAS, the CCCSD Code provides that CCCSD may elect to collect current charges and delinquent charges on the tax roll as provided by Section 5470 and following, of the California Health and Safety Code; and WHEREAS, it is considered economical and efficient to collect the assessments for the Alhambra Valley Assessment Districts for the 2009 -10 fiscal year on the Contra Costa County tax roll; NOW, therefore, be it resolved by the Board of Directors of the CCCSD that the 2009 -10 assessments for Alhambra Valley Assessment Districts, as listed in Exhibit "A" attached hereto and by this reference made a part hereof, are to be collected on the Contra Costa County Tax Roll. Passed and adopted this 6th day of August 2009, by the CCCSD Board of Directors 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 Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm Counsel for the District EXHIBIT A — PAGE 1 OF 2 AVAD 2007 -1: Trunk Sewer AVAD 2007 -2: Gordon /Millthwait Assessor's Parcel Number Amount Assessor's Parcel Number _ Amount 366 - 102 -012 -7 $2,745.54 367 - 123 -005 -4 2,514.22 366 - 102 -011 -9 $2,745.54 367- 123 -004 -7 2,514.22 366- 102 -009 -3 $2,745.54 367 - 123 -003 -9 2,514.22 366- 102 -007 -7 $2,745.54 367- 112 -003 -2 1,893.02 366 - 102 -006 -9 $2,745.54 367- 130 -012 -1 2,514.22 366- 102 -001 -0 $2,745.54 367- 111 -005 -8 2,514.22 366 - 070 -006 -7 $2,745.54 367- 111 -003 -3 2,514.22 366- 070 -005 -9 $2,745.54 367 - 111 -002 -5 2,514.22 366 - 070 -003 -4 $2,094.34 367- 111 -001 -7 2,514.22 366- 052 -005 -1 $2,745.54 367- 122 -001 -4 2,514.22 366- 052 -004 -4 $2,745.54 367- 100 -019 -2 2,514.22 366- 040 -014 -8 $2,094.34 367- 100 -018 -4 2,514.22 366- 040 -004 -9 $2,745.54 367 - 100 -017 -6 2,514.22 366- 040 -009 -8 $2,745.54 367- 100 -016 -8 2,514.22 366 - 030 -018 -1 $2,745.54 367 - 100 -015 -0 2,514.22 366- 020 -010 -0 $2,745.54 367- 100 -013 -5 2,514.22 366 - 020 -009 -2 $3,356.76 367- 100 -012 -7 2,514.22 367- 130 -004 -8 $2,745.54 367 - 100 -011 -9 816.30 367 - 130 -024 -6 $2,745.54 367 - 100 -009 -3 2,514.22 366 - 051 -001 -1 $2,745.54 367- 100 -004 -4 2,514.22 366 - 080 -006 -5 $2,745.54 367- 100 -003 -6 2,514.22 366- 080 -004 -0 $2,745.54 367- 100 -002 -8 2,514.22 366- 080 -003 -2 $2,745.54 367 - 121 -004 -9 2,514.22 366 - 080 -001 -6 $2,745.54 367- 121 -002 -3 2,514.22 366-101 -001 -1 $2,745.54 367- 130 -013 -9 2,514.22 Total 25 parcels $67,947.32 Total 25 parcels $60,536.38 AD 2007 -3: Reliez Assessor's Parcel Number 366 - 020 -001 -9 366- 020 -002 -7 Jww -w I V -V V 1- 1 366- 010 -009 -4 366 - 010 -003 -7 365 - 150 -080 -7 Total 8 oa, BIT A — PAGE 2 OF 2 AVAD 20074: Monteira. Amount Assessor's Parcel Amount Number 746.54 567.98 366 - 020 -016 -7 $2,733.92 366- 020 -015 -9 $2,733.92 567.98 I 366- 020 -012 -6 567.98 366 - 020 -011 -8 567.98 Total 4 oai 567.98 567.98 ,722.40 AVAD 2007 -6: Quail Assessor's Parcel Number Amount 367- 150 -013 -4 $3,546.34 367- 150 -010 -0 $3,546.34 365 - 100 -015 -4 $4,034.80 365- 110 -022 -8 $4,686.02 365 - 110 -021 -0 $4,686.02 365- 120 -003 -6 $4,197.56 365- 120 -004 -4 $4,197.56 Total 7 Parcels $28,894.64 $10,935.68 Total Count:1 69 Total Amount:1 $197.036.42 Lt,,&% 2009 -10 Assessments for Alhambra Valley Assessment Districts Public Hearing for placing 2009 -10 assessments on the Contra Costa County Tax, Roll Curtis Swanson August 6, 2009 Alhambra Valley Assessment District (AVAD),Assessments ❑ 5 active AVADs. ❑ 20 property owners paid off their AVAD assessment in full by July 24, 2009; $570,000 collected. ❑ 69 property owners have chosen to start financing some or all of their AVAD assessment; $1.96 million owed. ❑ $197,036 in assessment payments to be collected this year on the tax roll. 2009 -10 C.C. County Tax Roll MMMMMMMr- • Public Hearing required to place 2009 -10 AVAD assessments on the property tax roll. • CCCSD must submit these charges to the County by August 10, 2009. z 4.b. Hearings PUBLIC HEARING TO CONSIDER AN ORDINANCE ADJUSTING BOARD MEMBER COMPENSATION SUGGESTED AGENDA August 6, 2009 1. Request Staff Report 2. Open Hearing a. Invite comments from public b. Close Hearing 3. Board Discussion - 4. Board Action (refer to Position Paper) N:WDMINSUP\ADMIN \DIST- SEC \Miscellaneous \Public Hearing consider Ord adj Board compensation - Aug 2009.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 6, 2009 No.: 4. b. Hearings Type of Action: ADOPT ORDINANCE subject: PUBLIC HEARING TO CONSIDER ADOPTING AN ORDINANCE ADJUSTING BOARD MEMBER COMPENSATION Submitted By: Elaine R. Boehme Initiating Dept /Div.: Administration Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: x� r D. Ratcliff E. Boehme K. Alm James M ally, General anager ISSUE: The Board requested staff to prepare information on Board Member compensation for Board consideration. RECOMMENDATION: Determine whether the Board wishes to revise the current compensation of $221 per day of service. If an adjustment is desired, adopt an ordinance (Attachment A) amending the Board Member compensation. FINANCIAL IMPACTS: If any revisions are made to the compensation, there may be a resulting change in Board Member compensation. The maximum increase permissible under Health and Safety Code Section 6489 and Water Code Section 20202 would increase the compensation by 10 %, or $22 to $243 per day of service, not to exceed six days per calendar month. If the maximum increase were taken and all Board Members attended the maximum permitted six meetings per month, the maximum budget impact would be an additional $7,920 per year. ALTERNATIVES /CONSIDERATIONS: The Board may decide it does not wish to amend Board Member compensation. The Board may decide to increase compensation by an amount less than the permitted 5 % per year. BACKGROUND: In 2000, SB 1559 provided for increasing Board Member compensation above the previous $100 per day of service. The chart below shows historical changes to Board Member compensation. Year Board Compensation per Meeting 1987 $100 2000 $170 2007 $221 N:\ADMINSUP\ADMIN \DIST- SEC \Position Papers \PP - Board Compensation Increase Public Hearing 8- 09.doc Page 1 of 2 POSITION PAPER Board Meeting Date: August 6, 2009 subject: PUBLIC HEARING TO CONSIDER ADOPTING AN ORDINANCE ADJUSTING BOARD MEMBER COMPENSATION Health and Safety Code Section 6489 states that the Board may, by ordinance adopted pursuant to Water Code Section 20202, increase its compensation above the $100 per day permitted by the Health and Safety Code. The compensation may be increased by up to 5% per calendar year. The Board may approve up to a 10% increase in compensation to capture the increase not taken in 2008 and the 5% increase for 2009. Board Members' compensation is limited to no more than six days' service per calendar month. If the annual increases are approved, they cannot be compounded for each prior year. If the Board today adopts an ordinance amending the compensation, it will take effect on October 5, 2009, in accordance with Water Code Section 20204, which states that the ordinance cannot be effective until 60 days after its passage. RECOMMENDED BOARD ACTION: Determine whether or not the Board wishes to change the Board Member compensation, and by what amount. If an amendment to the compensation is desired, adopt an ordinance amending the Board Member compensation by an amount up to 10 %, to be effective October 5, 2009. N:\ADMINSUP\ADMIN \DIST- SEC \Position Papers \PP - Board Compensation Increase Public Hearing 8- 09.doc Page 2 of 2 ATTACHMENT A ORDINANCE NO. 2009- AN ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT AMENDING DISTRICT CODE SECTION 2.04.030, COMPENSATION OF BOARD MEMBERS WHEREAS, California Health and Safety Code Section 6489 states that the Board of Directors may, by ordinance adopted pursuant to Water Code Section 20202, increase its compensation above the $100 per day permitted by the Health and Safety Code; and WHEREAS, the Water Code permits a compensation increase of up to five per cent each calendar year; and WHEREAS, the Health and Safety Code limits Board Member compensation to no more than six days' service in a calendar month; and WHEREAS, the Board of Directors of the Central Contra Costa Sanitary District last adjusted its compensation in February 2007, raising it to $221 per meeting; and WHEREAS, since no adjustments were made since that time, the Board may approve an increase of up to ten per cent to capture the permitted five per cent increase not taken in 2008 and the five per cent increase for 2009; and WHEREAS, any such increase shall not be effective for at least sixty days from the date of final passage. NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District does ordain as follows: Section 1. That Section 2.04.030 of the District Code is hereby repealed and that a new Section 2.04.030 is hereby adopted as follows. A. Beginning on October 5, 2009 and continuing until the ordinance codified in this section is modified or repealed, the compensation for Directors of the Central Contra Costa Sanitary District is increased from the current $221 approved on February 15, 2007 to $ ? ?? per day of service, effective sixty days after adoption of this ordinance and as set forth by Section 6489 of the Health and Safety Code and Section 20202 of the California Water Code. Compensation shall not be for more than a total of six days of any calendar month. Section 2. This ordinance shall be a general regulation of the District and shall be published in the Contra Costa Times and San Ramon Valley Times, a newspaper of general N:\ADMINSUP\ ADMIN \DIST- SEC\Ordinances\Board Compensation Ordinance 09.DOC ATTACHMENT A circulation, published and circulated within the Central Contra Costa Sanitary District. This ordinance shall be effective on October 5, 2009, not less than sixty days after its passage and adoption by the Board of Directors. PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa Sanitary District on the 6th day of August 2009, by the following vote: AYES -: Members: NOES: Members: ABSENT: Members: Countersigned: Elaine R. Boehme, CIVIC Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Kenton L. Alm District Counsel James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California N:\ADMINSUP\ADMIN \DIST- SEC \Ordinances\Board Compensafion Ordinance 09.DOC Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 6, 2009 No.: 6.a. Bids and Awards Type or 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 McNAMARA & SMALLMAN CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE PLEASANT HILL SEWER RENOVATIONS, PHASE 1, DISTRICT PROJECT NO. 5961 Submitted By: Initiating Dept. /Div.: Alexandr Mestetsky, Associate Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: w A. Mestetsky / - - - -- —_ mes M. $elly, 1610neral ISSUE: On July 27, 2009, eight (8) sealed bids were received and opened for the construction of the Pleasant Hill Sewer Renovations, Phase 1, District Project 5961. 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 $582,000, including design, bid price, contingency, and construction management. ALTERNATIVES /CONSIDERATIONS: Reject all bids, which is not recommended. BACKGROUND: Pleasant Hill Sewer Renovations, Phase 1, will renovate 2,500 linear feet of 6- and 8 -inch sewer lines in Pleasant Hill. This project is the first phase of approximately five in Pleasant Hill (see Attachment 1). Construction of the sewers in easements will involve close cooperation with customers for site access and restoration. As part of its Sewer System Management Plan (SSMP), the District is required to renovate deteriorating sewers, with the ultimate goal of reducing sanitary overflows, as mandated by the San Francisco Bay Regional Water Quality Control Board. NAPESUMCbradley\POSITION PAPERS \Mestetsky \5961- Award PP.doc Page 1 of 5 POSITION PAPER Board Meeting Date: August 6, 2009 subper: AWARD A CONSTRUCTION CONTRACT AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE CONTRACT DOCUMENTS SUBJECT TO SUBMITTAL REQUIREMENTS WITH McNAMARA & SMALLMAN CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE PLEASANT HILL SEWER RENOVATIONS, PHASE 1, DISTRICT PROJECT NO. 5961 District staff prepared the plans and specifications for the project. The Engineer's estimate for construction of the Pleasant Hill Sewer Renovations, Phase 1, District Project No. 5961, is $400,000. This project was advertised on June 30 and July 6, 2009. Eight (8) sealed bids ranging from $287,201 to $545,060 were received and publicly opened on July 27, 2009. The Engineering Department conducted a technical and commercial review of the bids and determined that McNamara and Smallman Construction, Inc. is the lowest responsive bidder with a bid amount of $287,201. 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 $432,000. The total cost of the Pleasant Hill Sewer Renovations, Phase 1, is anticipated to be $582,000. This project is included in the fiscal year (FY) 2009 -10 Capital Improvement Budget (CIB) on pages CS -29. 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 $287,201 for the construction of the Pleasant Hill Sewer Renovations, Phase 1, District Project No. 5961, to McNamara and Smallman Construction, Inc., the lowest responsive bidder, and authorize the General Manager to execute the Contract Documents subject to SUBMITTAL requirements. NAPESUP\Cbradley \POSITION PAPERS \Mestetsky \5961- Award PP.doc Page 2 of 5 4 24 680 RELIEZ VALLEY RD 0 PROJECT �fPJP LOCATION G 1 P 680 N 24 0 8® FEET ENTER AVE a N 2� m O 0 \ Q AREA MAP J QQI Central Contra Costa Sanitary District 11 , Prepared by Engineering Support Seepc PLEASANT HILL SEWER RENOVATION PHASE 1 - LOCATION MAP Page 3 of 5 m ATTACHMENT I 1 ATTACHMENT PLEASANT HILL SEWER RENOVATIONS, PHASE 1 DISTRICT PROJECT 5961 SUMMARY OF BIDS PROJECT NO.: 5961 DATE: JULY 27, 2009 PROJECT NAME: PLEASANT HILL SEWER RENOVATIONS, PHASE 1 PROJECT LOCATION: PLEASANT HILL, CALIFORNIA NO. OF ADDENDA: 2 ENGINEER EST.: $400,000 NO. BIDDER BID PRICE 1 McNamara & Smallman Construction, Inc. $287,201 1756 Holmes Street Livermore, CA 94550 925 - 606 -7190 2 Ranger Pipelines, Inc. $291,990 1790 Yosemite Avenue San Francisco, CA 94124 415 - 822 -3700 3 W.R. Forde Associates $297,791 984 Hensley Street Richmond California 94801 510 -215 -9338 4 MBA Pipelines $342,702 16 Hermosa Court Danville, CA 94526 925- 648 -2400 5 K. J. Woods Construction $364,000 2625 Judah Street, #2 San Francisco, CA 94122 415- 759 -0506 6 Pfister Excavating, Inc. $516,097 1500 Green Island Road American Canyon, CA 94503 707 - 643 -7715 7 J & M, Inc. $536,219 6700 National Drive Livermore, CA 94550 925 - 724 -0300 8 Platinum Pipeline, Inc. $545,060 11501 Dublin Boulevard, Suite 200 Dublin, California 94568 925 - 829 -6565 BIDS OPENED BY /s/ Elaine Boehme DATE July 27, 2009 N: \PESUP \Cbradley \POSITION PAPERSWestetsky \5961 -Award PP.doc Page 4 of 5 M H Z W S U Q Q w U) Q 2 a vi Z O F- Q O Z W If af w W CO J J_ F- Z Q U) Q W J a O W O O Z F- U W O a F- U Of F- (1) r- W F- Q w W Z O F U 7 d' F- y Z O U W w IL I w m F- y O IL Y 0 O U c 0 0 o 0 O O _ M 00 N M Cl) U) C O U a O O O O O O O O O N O N 00 LO CO i0 V EA fA EA O O O N O O O O O O 0 In r- O O co n V E co 69 Q 69 69 M 0 O O O 00 O O O O rn 0 O 00 O O 00 O N I-- O 0 0 0 O O O O O I- r O OLf� Lf LO M N M Lf 00 UO N V � 69 64 EA N 69 , N EA 69 U3 EA 69 Z w 2 W U 0 w z W U) af 0 c F c c Z Z n d CC O Z LLI _O O W p v F- Z E~ d W W a) N v U W a) U x F- c G @ _ O Q w Q Z v ° W m -O p Z E C N F- (:I N 01 C H y O p F- Z N c m Z ~ U m Z w o 0' W N a W c T O Q m C '- N Co T O p UO O U U i s .2 2 .2 c U ~ c� @ d U N � Z '� c Z O O = aN c L p .` F J a O 01 J LL U 2 m� N J Z N J O W w C < - N U Q W O T Q W Q F- ~ N Q N a C .O N 2 J LU `y O j in C CO CO m N o _ 0 j Q J 0 0 C7 Z a U U a m U a U m o w U m a Q O W F— 2 to m-0 (3 Z) U) m -0 I_-O U) ZO U) U F- Z O U w O- U U a a Q c r N Cl) a u) m Z N c O U D N c O U 3 O T a) E Q) X m O a� m U n. _T c m t m O U c O U 7 cC O U O m 01 m c N U O O_ m Q) (D LO `0 Ln a) m m a- 0 9 a a m a N T m m w a a Z O H N T U a w o_ Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 6, 2009 No.: 6.b. 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 RANGER PIPELINES, INC. FOR THE CONSTRUCTION OF THE WALNUT CREEK SEWER RENOVATIONS, PHASE 7, DISTRICT PROJECT 5974 Submitted By: Initiating Dept. /Div.: Tom Godsey, Associate Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: T. Gods T. k. A Farigil ames M991—Y, General ager ISSUE: On July 23, 2009, six (6) sealed bids were received and opened for the construction of the Walnut Creek Sewer Renovation Phase 7, District Project 5974. 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 to Ranger Pipelines, Inc.; 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 $2,597,000, including design, bid price, contingency, and construction management. ALTERNATIVES /CONSIDERATIONS: Reject all bids, which is not recommended. BACKGROUND: This project is the seventh phase of sewer renovation in Walnut Creek (see Attachment 1). The Walnut Creek Sewer Renovation Phase 7 project will renovate 11,000 linear feet of 6 -, 8 -, and 15- inch sewer lines by open cut, pipe- bursting and guided bore methods in public rights -of -way in Walnut Creek. As part of its Sewer System Management Plan (SSMP), the District is required to renovate deteriorating sewers, with the ultimate goal of reducing sanitary overflows, as mandated by the San Francisco Bay Regional Water Quality Control Board. N: \PESUP \Cbradley \POSITION PAPERS \Godsey \5974 -Award PP WC7.doc Page 1 of 5 POSITION PAPER Board Meeting Date: August 6, 2009 subject.. AWARD A CONSTRUCTION CONTRACT AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE CONTRACT DOCUMENTS SUBJECT TO SUBMITTAL REQUIREMENTS WITH RANGER PIPELINES, INC. FOR THE CONSTRUCTION OF THE WALNUT CREEK SEWER RENOVATIONS, PHASE 7, DISTRICT PROJECT 5974 District staff prepared the plans and specifications for the project. The Engineer's estimate for construction of the Walnut Creek Sewer Renovation Phase 7, District Project 5974 is $1,800,000. This project was advertised on July 3 and 9, 2009. Six sealed bids ranging from $1,588,118 to $2,487,131 were received and publicly opened on July 23, 2009. The Engineering Department conducted a technical and commercial review of the bids and determined that Ranger Pipelines, Inc. is the lowest responsive bidder with a bid amount of $1,588,118. A summary of bids received is shown in Attachment 2. The District will perform construction management 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 $2,222,000. The total cost of Walnut Creek Sewer Renovation Phase 7, District Project 5974 is anticipated to be $2,597,000. This project is included in the fiscal year (FY) 2009 -10 Capital Improvement Budget (CIB) on page 33. 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 public facilities on the same sites and with substantially the same purpose and level of activity as the facility being replaced. Approval of this project will establish the Board of Directors' independent finding that this project is exempt from CEQA. RECOMMENDED BOARD ACTION: Find that the project is exempt from CEQA, award a construction contract in the amount of $1,588,118 for the construction of the Walnut Creek Sewer Renovation Phase 7, District Project 5974, to Ranger Pipelines, Inc., the lowest responsive bidder, and authorize the General Manager to execute the Contract Documents subject to SUBMITTAL requirements. N: \PESUP \Cbradley \POSITION PAPERS \Godsey \5974 -Award PP WC7.doc Page 2 of 5 ATTACHMENT WALNUT CREEK SEWER RENOVATION PHASE 7 DISTRICT PROJECT NO. 5974 LOCATION MAP O a IRST VE n� 650 GEARY Q-� �0 5 SECOND AVE p ¢ z 2 j pz m JJ 24 / THIRD m AVE 6 o PROJECT y a 5000 10000 � LOCATION o soo 1000 2 AREA MAP FEET ZG o �% 2 y f f / J m ° LINCOLN AVE — - TA �FR AVE 1 ��Jp yy� LY ' 8L0 N MT p \P 9y m r F O F 0 500 ,aaa DG�Qf�T 0 FEET oq DRAFT x Central Contra Costa Attach sent Sanitary District WALNUT CREEK SEWER RENOVATION ' PHASE 7 — LOCATION MAP 1 N: \PESUP \Cbradley \POSITION PAPERS \Godsey \5974 WC_7- PP Award by SM 8- 6- 09.doc Page 3 of 5 ATTACHMENT 2 WALNUT CREEK SEWER RENOVATION PHASE 7 DISTRICT PROJECT 5974 SUMMARY OF BIDS PROJECT NO.: 5974 DATE: JULY 23, 2009 PROJECT NAME: WALNUT CREEK SEWER RENOVATION PHASE 7 PROJECT LOCATION: WALNUT CREEK, CA ENGINEER EST.: $ 1,800,000 BIDDER BID PRICE Ranger Pipelines, Inc. $1,588,118 P.O. Box 24109 San Francisco, CA 94124 415- 822 -3700 California Trenchless $1,797,435 2283 Dunn Road Hayward, CA 94545 510 - 782 -5335 McGuire and Hester $2,169,769 9009 Railroad Avenue Oakland, CA 94603 510 - 632 -7676 K. J. Woods Construction, Inc. $2,278,000 2625 Judah Street #2 San Francisco, CA 94122 415 - 759 -0506 Argonaut Construction $2,420,440 1300 Carroll Avenue San Francisco, CA 94124 415 - 822 -5200 McNamara & Smallman Construction, Inc. $2,487,131 1756 Homes Street Livermore CA 94550 925 - 606 -7190 BIDS OPENED BY /s/ Elaine R. Boehme DATE 7/23/09 SHEET NO. 1 OF 1 NAPESUP\Cbradley\POSITION PAPERS \Godsey\5974 -Award PP WC7.doc Page 4 of 5 CO) F Z W Q s pl- W W Q ~ = Q CL ? Z r y W 'O z >O� O z F U F Q W a. W 0 W a t0> y v W W a LU ix N O U G m H Z y J O Q a 0 0 U c 0 u 0 O W N V N c O U e °0 00 0 0 h N CD Ln M N 4a O O O O to O O O O C r Lti 0 LO V h o ao N r Cl) y� y� co 0 00 00 00 0N0 0 O O O O ao 0 C C 0 0 0 0 0 a0 a0 O O O O N O r O co co CO) Cl) 0 N N N to W N 6 w c U N W v w o F z a LU O LU U N Z y O H Q O C Q LU O d a .. w m a z F E C Z F- Q U `u O W m a 0 0 O w w z v m d` H p z LU z A 0 e j w M 'n L 7 N • a 0 z E N 0 C O) C W d o 0 Q C 0 c a7 F 7 O w F y F U m y Z Q u7 c O n a m u y U w 0 O 0 Q- o >, y U o U 01 y H 'C Z Q m U W U J 0 °- c 0 U U Z z o 2 L 3 0 U oa O m O w a H° c aa)i O z 3 a O m o 0 w Q U . d Q a d Y d O F J J o E U IL z X Q m d U F Q 0 c n J O W d j W m W f fa ZO CO ZO y a ai v m F z 00 m K OF U U a y LL Q a. z N M a N V) h m 4! m a Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 6, 2009 No.: 6.c. Bids and Awards Type of Action: AWARD A SERVICE CONTRACT /AUTHORIZE EXECUTION OF CONTRACT DOCUMENTS subject: AWARD A SERVICE CONTRACT AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE CONTRACT DOCUMENTS SUBJECT TO SUBMITTAL REQUIREMENTS WITH ROTO- ROOTER PLUMBING SERVICES FOR THE TELEVISION INSPECTION OF SANITARY SEWERS - PHASE 6, DISTRICT PROJECT NO. 5547 Submitted By: Initiating Dept /Div.: Tom Godsey, Associate Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: / T. GodKey A. Antkowiak Vannes M. K , General Manager ISSUE: On July 27, 2009, three (3) sealed bids were received and opened for the Television Inspection of Sanitary Sewers — Phase 6, District Project No. 5547. The Board of Directors must award the service 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 service 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 $823,000, including design, bid price, contingency, and contract administration. ALTERNATIVES /CONSIDERATIONS: Reject all bids, which is not recommended. BACKGROUND: In 2002, the District began the Sewer TV Inspection Program. The intention of this program was to assess the condition of the collection system by televising every sewer in the District. There have been five (5) phases contracted to date that attempted inspection of all the sewers in Orinda, Walnut Creek, Lafayette, Pleasant Hill, Martinez, Danville, Alamo, and Moraga. The sixth phase of work will inspect 1,070,000 feet of sewers in San Ramon, Pacheco, and North Concord. As part of its Sewer System Management Plan (SSMP), the District is required to evaluate the condition of its sewer mains, with the ultimate goal of reducing sanitary overflows, as mandated by the San Francisco Bay Regional Water Quality Control Board. N: \PESUP \Cbradley \POSITION PAPERS \Godsey\5547 Award PP Phase 6.doc - Page 1 of 4 POSITION PAPER Board Meeting Date: August 6, 2009 subject: AWARD A SERVICE CONTRACT AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE CONTRACT DOCUMENTS SUBJECT TO SUBMITTAL REQUIREMENTS WITH ROTO- ROOTER PLUMBING SERVICES FOR THE TELEVISION INSPECTION OF SANITARY SEWERS - PHASE 6, DISTRICT PROJECT NO. 5547 With the completion of Phase 6 of the television inspection program, coupled with the ongoing mini -cam effort, District staff will have evaluated all 1,500 miles of its gravity collection system. At the November Capital Budget Workshop, staff will discuss the results to date and make recommendations pertaining to future TV inspection efforts. District staff prepared the plans and specifications for the project. The Engineer's estimate for the Television Inspection of Sanitary Sewers — Phase 6 is $875,000. This project was advertised on July 10 and 15, 2009. Three (3) sealed bids ranging from $688,134.17 to $1,020,590.56 were received and publicly opened on July 27, 2009. The Engineering Department conducted a technical and commercial review of the bids and determined that Roto- Rooter Plumbing Services is the lowest responsive bidder with a bid amount of $688,134.17. A summary of bids received is shown in Attachment 1. The District will administer the service contract and will provide contract administration, prepare releases, and review the closed circuit television inspection submittals. The funds required to complete this project, as shown in Attachment 2, are $793,000. The total cost of Television Inspection of Sanitary Sewers — Phase 6 is anticipated to be $823,000. This project is included in the fiscal year (FY) 2009 -10 Capital Improvement Budget (CIB) on pages CS -38 and CS -39. 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 15262, since it will provide information for design of sewer improvements and will not have a legally binding effect on later activities. Authorization of the award of the 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 service contract in the amount of $688,134.17 for the Television Inspection of Sanitary Sewers — Phase 6, District Project No. 5547, to Roto- Rooter Plumbing Services, the lowest responsive bidder, and authorize the General Manager to execute the Contract Documents subject to SUBMITTAL requirements. WPESUMbradley \POSITION PAPERS \Godsey \5547 Award PP Phase 6.doc Page 2 of 4 ATTACHMENT Central Contra Costa Sanitary District TELEVISION INSPECTION OF SANITARY SEWERS — PHASE 6 DISTRICT PROJECT 5547 SUMMARY OF BIDS PROJECT NO.: 5547 -PHASE 6 DATEITIME: JULY 27, 2009 / 2:00 PM PROJECT NAME: TELEVISION INSPECTION OF SANITARY SEWERS — PHASE 6 PROJECT MANAGER: TOM GODSEY . PROJECT LOCATIONS: SAN RAMON, PACHECO, AND NORTH CONCORD ENGINEER EST.: $875,000 NO. BIDDER BID PRICE Roto- Rooter Plumbing $688,134.17 195 Mason Circle Concord, CA 94520 925 - 798 -2122 2 Coastline Water Resources $948,025.66 1300 National Drive #120 Sacramento, CA 95834 916- 923 -3437 3 Quality Pipe Services $1,020,590.56 12656 East Jamison Place #10 Englewood, CO 80112 303 - 662 -8014 BIDS OPENED BY Elaine Boehme DATE Jul 27, 2009 NAPESUP\Cbradley \POSITION PAPERS \Godsey \5547 Award PP Phase 6.doc Page 3 of 4 ATTACHMENT TELEVISION INSPECTION OF SANITARY SEWERS, PHASE 6 DISTRICT PROJECT NO. 5547 POST -BID / PREWORK ESTIMATE No. Item Description Amounts % Contract Cost 1 CONTRACT COST $688,134 2 PERMITS $30,000 SUBTOTAL- CONTRACT AND PERMITS $718,134 100% 3 CONTRACT ADMINISTRATION/ INSPECTION $74,866 14% 4 PREBID EXPENDITURES $30,000 4% 5 TOTAL PROJECT COST $823,000 6 FUNDS AUTHORIZED TO DATE $30,000 7 ADDITIONAL ALLOCATION NEEDED $793,000 N: \PESUP\Cbradley \POSITION PAPERS \Godsey \5547 Award PP Phase 6.doc Page 4 Of 4 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 6, 2009 No.: 6.d. Bids and Awards Type of Action: AUTHORIZE AWARD OF CONTRACT subject: AWARD A CONTRACT AND AUTHORIZE THE GENERAL MANAGER TO PURCHASE UNINTERUPTABLE POWER SUPPLY (UPS) ELECTRICAL BACKUP SYSTEM WITH POWER SYSTEMS ENGINEERING FOR THE TREATMENT PLANT EQUIPMENT REPLACEMENT PROJECT, DISTRICT PROJECT 7265 Submitted By: Initiating Dept. /Div.: Stephanie King, Purchasing & Administration /Purchasing and Materials Materials Manager REVIEWED AND RECOMMENDED FOR BOARD ACTION: . Newkirk S. Kin raves James ZI General ISSUE: On April 30, 2009, four (4) sealed bids were received and opened for the purchase of an uninterruptible power supply (UPS) electrical backup system as a replacement for the existing UPS unit at the Headworks which has reached the end of its useful life from the Treatment Plant Equipment Replacement Project, District Project No. 7265. The Board of Directors must authorize all District project contracts which are greater than $15,000. RECOMMENDATION: Staff recommends that the Board of Directors authorize the General Manager to award a contract for the purchase of an uninterruptible power supply (UPS) electrical backup system for the Treatment Plant Equipment Replacement Project, DP 7265, to the lowest responsive bidder, Power Systems Engineering, for a Toshiba UPS system at a price of $33,172.91 from and by competitive bid and subject to submittal requirements. FINANCIAL IMPACTS: The total cost to purchase this equipment is $33,172.91. ALTERNATIVES /CONSIDERATIONS: Reject all bids, which is not recommended. BACKGROUND: This new UPS system will be located in the Headworks and is to replace the existing UPS that has reached the end of its useful life. This equipment will be funded from the Treatment Plant Equipment Replacement Project, District Project No. 7265. The project was advertised on April 6 and 11, 2009. Four (4) sealed bids were received and publicly opened on April 30, 2009. Bids ranged from $33,172.91 to $40,660.73. A technical and commercial review of the bids indicates that Power Systems Engineering is responsive and responsible, with the low bid amount of $33,172.91. H: \DRAFT Position Paper Purchase of UPS.doc Page 1 of 2 POSITION PAPER Board Meeting Date: August 6, 2009 subject. AWARD A CONTRACT AND AUTHORIZE THE GENERAL MANAGER TO PURCHASE UNINTERUPTABLE POWER SUPPLY (UPS) ELECTRICAL BACKUP SYSTEM WITH POWER SYSTEMS ENGINEERING FOR THE TREATMENT PLANT EQUIPMENT REPLACEMENT PROJECT, DISTRICT PROJECT 7265 Staff has concluded that this project is exempt from the California Environmental Quality Act (CEQA) under CCCSD CEQA Guidelines Section 15302 since it involves reconstruction of an existing facility at substantially the same location and with the same purpose and level of activity as the facility being replaced. Approval of this project will establish the Board of Directors' independent finding that this project is exempt from CEQA. RECOMMENDED BOARD ACTION: Award of a purchase to Power Systems Engineering, the lowest responsive bidder, in the amount of $33,172.91 for the purchase of an uninterruptible power supply (UPS) electrical backup system from the Treatment Plant Equipment Replacement Project, District Project No. 7265, and authorize the General Manager to award the contract, subject to submittal requirements. HADRAFT Position Paper Purchase of UPS.doc Page 2 of 2 Central Contra Costa Sanitary District July 30, 2009 TO: HONORABLE MEMBERS OF THE BOARD FROM: JIM KELLY, GENERAL MANAGER Pa7- SUBJECT: DRAFT "WILL- SERVE" LETTER FOR CONCORD NAVAL WEAPONS STATION (AGENDA ITEM 7.a.1) As the Board is aware, Contra Costa Water District (CCWD) has requested that the District provide it with a commitment to supply recycled water for use at the Concord Naval Weapons Station. CCWD seeks a commitment at this time as at some time in the near future Concord will request CCWD to provide a water supply assessment document to address the general availability and means of water supply to the new development. Staff has reviewed this request and determined that the District can not enter into a binding agreement or commitment until other prerequisites have occurred including such actions as CEQA compliance for the proposed Base Closure Plan. However, the Board has made clear its commitment to maximize the use of recycled water. Accordingly, the attached letter has been developed to formally state the District's clear intention to cooperate with the City of Concord and CCWD in order to supply recycled water to the Concord Naval Weapons Station Redevelopment Area in a cost effective and environmentally sound manner, subject to certain practical and legal considerations as indicated in the letter. The attached "Will Serve" Letter has been drafted and reviewed by the Recycled Water Committee. The attached draft includes the Committee's comments. Staff is seeking Board input and authorization on behalf of the District Board to send the letter to the City of Concord and CCWD. Staff suggests the letter be from the Board President to emphasize the District's commitment to providing recycled water to the future development on the Concord Naval Weapons Station. CSO /H: \General Manager's Directory\Memos\2009 \Wil1 Serve Letter Cover Memo 8-6.doc FA 1 July 16, 2009 Central Contra Mr. Joseph L. Campbell President, Board of Directors Contra Costa Water District 1331 Concord Avenue P.O. Box H2O Concord, CA 94524 E DRAFT Sanitary District Mayor Laura Hoffmeister City of Concord 1950 Parkside Drive Concord, CA 94519 Dear President Campbell and Mayor Hoffmeister: PHONE.: (925) 228 -9500 FAX. (925) 676 -7211 www.ceatralsaii.org JAMES M. KFLLY General Manager KENTON L. ALM Counsel for the District (5 10) 808 -1000 ELAINE R. BOEHME Secretary of the District CCCSD'S PROVISION OF RECYCLED WATER TO THE CONCORD COMMUNITY REUSE PROJECT This letter is in response to a request from the Contra Costa Water District (CCWD) for commitment from the Central Contra Costa Sanitary District ( CCCSD) for the supply of recycled water to the Concord Community Reuse Project (CCRP), also known as the Concord Naval Weapons Station (CNWS) Project. Water recycling is an integral part of CCCSD's mission to protect public health and the environment through maximizing use of this valuable resource. CCCSD is committed to recycling high - quality water meeting all regulatory requirements in ways that enhance the regional water supply. CCCSD is willing and able to serve recycled water to the CCRP. CCCSD is expressing its willingness and ability to supply the needed recycled water in the form of this "will serve" letter. It is CCCSD's understanding that the exact amount of recycled water needed for the CCRP has not yet been determined but that current estimates, as contained in the June 2009 Administrative Draft of the Environmental Impact Report, are up to 3,000 acre feet of recycled water per year for irrigation purposes, and CCWD indicates it could be as much as 6,000 acre feet per year. It is CCCSD's intention to supply, or make available, recycled water in sufficient quantity to meet the needs of the CCRP as determined by the City of Concord, up to the 6,000 acre feet per year. The State Water Resources Control Board has granted CCCSD the authority to provide up to 26,120 acre feet of recycled water per year for irrigation and industrial purposes. There are no water transfer or entitlement costs associated with making use of water made available by this grant. CCCSD currently only supplies BOARD OF DIRECTORS JAMES A. NEJEDLY, President • MICHAEL R. WGILL, President Pro Tem • BARBARA D. HOCKETT • GERALD R. LUCEY • MARIO M. MENESINI eRecycled Paper President Campbell and Mayor Hoffmeister July 16, 2009 ME DRAFT Page 2 approximately 700 acre feet of recycled water annually; accordingly, it has sufficient recycled water supply available to meet even the highest demand estimates for the project. Delivery of recycled water to the CCRP would require construction of a pipeline connecting CCCSD's facility to the CCRP and potentially construction of a reservoir or other facilities on the CCRP property.. Expansion and renovation of CCCSD's existing tertiary treatment facility would also be required. The specific needs and associated costs for additional recycled water facilities depend on refinement of recycled water demands of the CCRP as determined by future planning and legal considerations. All projects and related construction activities require separate environmental and technical analysis and project -level approval by CCCSD and possibly other agencies in the future. However, sufficient time and basic resources are available to meet the current base reuse development schedule, as we understand it. In addition to the construction of any necessary capital improvements, CCCSD's ability to provide recycled water to the CCRP will be subject to certain future actions of the City of Concord, the Reuse Commission, and potentially other governmental entities, as well as other financial and institutional agreements, as documented in the Attachment to this letter. CCCSD is committed to supporting the use of recycled water in the CCRP in the most .cost- effective and environmentally -sound manner. CCCSD stands ready to work with ;the City of Concord, the Base Reuse Commission and CCWD to provide recycled water consistent with future approvals and environmental review. Given the importance to CCCSD of providing recycled water services to the CCRP, our Board of Directors has reviewed this matter and authorized sending this letter as confirmation of its clear intention to supply recycled water upon successfully addressing the conditions set forth above. If you have any questions, feel free to contact James M. Kelly, General Manager at (925) 228 -9500. Sincerely, James A. Nejedly President, Board of Directors cc: Daniel E. Keen, City Manager, City of Concord Michael W. Wright, Reuse Project Director, City of Concord Walter J. Bishop, General Manager, CCWD Jerry Brown, Assistant General Manager, CCWD President Campbell and Mayor Hoffmeister July 16, 2009 Page 3 ATTACHMENT CCCSD's ability to commit to the supply of recycled water to the Concord Community Reuse Project is dependent upon the actions noted below: 1. The City of Concord, the Federal authorities and either CCCSD or CCWD must complete necessary environmental review including the use of recycled water in accordance with the California Environmental Quality Act ( "CEQA ") and National Environmental Protection Act ( "NEPA "). 2. The City of Concord, along with other applicable planning entities, must determine the basic recycled water flow rates, uses, system demands and requirements, such as any requirements for backup water supply, storage, fire uses, etc. 3. Mechanisms must be in place to ensure that all CCCSD cost of recycled water, including the treatment and delivery infrastructure, cost of regulatory compliance, as well as other direct costs, if any, associated with the use of recycled water is borne by the new users and /or developers of the CCRP. 4. A formal agreement between CCCSD and CCWD, or CCCSD and the City of Concord, as to the supply of recycled water to CCRP by CCWD or CCCSD may be required as a condition prior to obtaining service. Other service agreements .will be necessary with the parties that are to receive recycled water service. 5. :Unforeseen circumstances, and any changes in local, state, or federal law adversely affecting CCCSD's ability to supply recycled water to the CCRP, if any, will have to be addressed. 7.a.2) Central Contra Costa Sanitary District July 30, 2009 TO: BOARD OF DIRECTORS VIA: JAMES M. KELLY, GENERAL MANAGER FROM: TAD PILECKI, CAPITAL PROJECTS DIVISION MANAGER I SUBJECT: STATUS UPDATE ON CASA'S PROPOSED LEGISLATION FOR PRIVATE SEWER LATERALS (PSL) In preparation for the upcoming CASA Annual Conference in San Diego on August 12 -15, 2009, staff has prepared the following summary on the status of CASA's proposed legislation pertaining to PSLs: • Scheduled PSL discussions at CASA's upcoming conference • Feedback from the League of Cities on Proposed PSL legislation • Feedback from the Association of Counties on Proposed PSL legislation • Feedback from the Rural Counties on Proposed PSL legislation • Lessons learned from Padilla Bill • PSL conference calls and activities • Agencies opposing PSL legislation Detailed back -up information is provided in the attachments. In summary, opposition to a PSL bill has increased and the PSL Task force is considering options to legislation. The PSL Task Force plans to have a recommended course of action for the CASA Board at CASA's annual meeting in August. CASA's 54 Annual Conference: The issue of PSLs will be discussed at the following venues at the conference: • Executive Board Meeting, Wednesday August 12 from 2 to 5 PM Outreach update from Michael Dillon Present PSL Task Force Recommendation Receive Board direction on next steps • . PSL Task Force Meeting, Friday, August 14 from 8 to 9 AM - Update on response from Executive Board - Discuss approach for next steps • General Membership Meeting, Friday, August 14 from 11:30 to 12:00 - Outreach update Update on response from Board N: \PES U P \PI LEC KI\2009\PS L -U pdate. d oc PSL Update Page 2 July 30, 2009 League of Cities: Dave Williams (EBMUD) and Michael Dillon (CASA Lobbyist) presented the proposed PSL ordinance issue to the League of Cities Transportation, Communication and Public Works Committee ( TCPWC) on Friday June 26. The committee took a straw vote (no quorum present) that recommended conceptual support of the legislation, pending review of the actual language. On July 17, the League of Cities Executive Board considered the TCPWC's recommendation and took no action. District sources indicate that the Executive Committee supports, in concept, that the PSL issue needs to be addressed, but felt that it should be done at the local level and not through state -wide legislation. The TCPWC will reconsider the issue at its next meeting in late January 2010 and any recommendation will be considered by the Executive Board in February 2010, if CASA is still proposing legislation. (See Attachment 1 for additional details). California State Association of Counties (CSAC): No formal presentation was made to the CSAC, but CSAC staff did outline CASA's proposed PSL ordinance in their July Legislative Bulletin with a request for comment. Both Los Angeles and Lassen Counties had contacted CSAC with concerns pertaining to the proposed PSL ordinance. No counties expressed support for the proposed ordinance. CSAC hopes to get more responses before CASA's August Conference, but their CSAC's lobbyist did state that she was not sure if "they have a dog in this fight." (See Attachment 1 and 2 for additional details). Regional Council of Rural Counties (RCRC): No formal presentation was made to the RCRC, but just like CSAC, RCRC staff request input from their membership in their weekly newsletter known as "The Barbed Wire." No comments have been received to date. Michael Dillon felt that most of the rural counties will be exempt from the proposed legislation because of their small size. (See Attachment 1 and 3 for additional details). Lessons Learned from the Padilla Bill (SIB 407): CASA's PSL Task force has been tracking the progress of this bill since it is very similar in concept to the proposed PSL ordinance. Michael Dillon prepared a brief write -up on how the Padilla Bill has been transformed from an original point of sale requirement into a fairly weak requirement for replacement of noncompliant fixtures in all single family home by 2017 and disclosure of noncompliant fixtures at point of sale by 2011. (See Attachment 1, third page, for additional details). In an analysis to CASA's PSL Task Force, he said that if CASA's proposed PSL ordinance followed a path similar to the Padilla Bill (which he feels is very likely) that the resulting legislation may be a vague bill with few teeth and extended deadlines. . CASA's PSL Task Force Conference Call: The PSL Task Force conducted a conference call meeting on July 23, 2009. The key points discussed at the meeting were: - Michael Dillon provided an update on the outreach effort. - Discussed the likely fate of the proposed ordinance in light of the Padilla Bill experience. - Potential impacts of a divided CASA on the PSL issue. - Discussed what recommendation the Task Force should make to CASA's Executive Committee. NAPES UP \PI LEC K I \2009\PS L- Update.doc PSL Update Page 3 July 30, 2009 Decided to schedule one more conference call on August 4 to discuss the following three options after which an email vote of the Task Force members will be taken. (See Attachment 4 for additional details). Option 1 - Proceed on current course knowing that the resulting bill may be vague with few teeth and extended deadlines. Option 2 - Restructure the proposed ordinance by abandoning the point of sale and mandatory ordinance language. Option 3 — Do not proceed with legislation; instead develop model local ordinance and tools for implementation. Agencies that have submitted Letter to CASA Opposing the Proposed PSL Ordinance: • Central Contra Costa Sanitary District • Union Sanitary District • Oro Loma Sanitary District • West County Wastewater District • Leucadia Wastewater District • Fairfield- Suisun Sewer District /jf Attachments N: \PE S U P \P I LECKI\2009 \PSL -U pdate. d oc i Agenda Item 7.a.2 PRIVATE SEWER LATERAL LEGISLATION BOARD UPDATE August 6th, 2009 AGENDA • CASA's Outreach Program • Padilla Bill • PSL Task Force Meetings • CASA's Annual Conference 1 CASA'S OUTREACH PROGRAM • League of Cities - Communication, Transportation and Public Works Committee - Executive Committee • California State Association of Counties • Regional Council of Rural Counties FATE OF PADILLA BILL • Bill Similar in Concept to CASA's Proposed PSL Legislation (Water Conservation Fixtures). • Transformed From Point of Sale Requirement to a Date in the Future. • Bill is Vague with Few Teeth and Extended Deadlines. 1 `; 1 r r i PSL TASK FORCE MEETINGS • July 23,d Meeting - Outreach Effort - Padilla Bill - Impacts of a Divided CASA - Likely Fate of Bill - Discussed What Recommendation the PSL Task Force Should Give the Executive Board. PSL TASK FORCE MEETINGS • Task Force Recommendation Options: - Option 1: Stay the course knowing the bill may be vague with few teeth and extended deadlines. - Option 2: Restructure the proposed legislation by abandoning the point of sale and mandatory ordinance language. - Option 3: Do not proceed with legislation; develop model local ordinance and tools for implementation. c1 PSL TASK FORCE MEETINGS August 4th Meeting: - Agreed on Options to Vote on - Votes by Task Force Members Need to be Cast By 8/7; Results will be Available Next Week and Shared with the Executive Board on Wednesday LETTERS OF OPPOSITION • Central Contra Costa Sanitary District • Union Sanitary District • Oro Loma Sanitary District • West County Wastewater District • Leucadia Wastewater District • Fairfield- Suisun Sewer District • Modoc County Health Services Environmental Health Department 0 i Cv r CASA's ANNUAL CONFERENCE Issue of Private Sewer Laterals Will Be Discussed in Three Forums - Executive Board Meeting (Wednesday - Open Meeting) - PSL Task Force Meeting (Friday) - General Membership Meeting (Friday) QUESTIONS 5 July 14, 2009 CALF91#9 ASSOC ARN of SWAM# ARMS 1215 K Street, Suite 2290, Sacramento, CA 95814 PH: (916) 446 -0388 — FX: (916) 231 -2141 www.cwaweb.org To: CASA Executive Board CC: PSL Task Force From: Mike Dillon, Lobbyist VIA ELECTRONIC MAIL RE: PSL Presentation to League of Cities Transportation, Communications, and Public Works Committee I. Executive Board Direction At the May Executive Board meeting, the Board directed me to share'with the League of Cities, California State Association of Counties, and the Regional Council of Rural Counties, that CASA was considering possible legislation regarding inspection of Private Sewer Laterals (PSLs) at the time the property is sold. Subsequently, I provided CASA's draft legislation to these organizations, and asked for their comments for purposes of reporting back to the Executive Board at the August conference. The Board also suggested that Dave Williams, and /or any member of the PSL Task Force, attend any of the meetings with me, to provide technical assistance. II. Presentation to League of Cities On Friday, June 26th, Dave Williams and I met with the League of Cities Transportation, Communications, and Public Works Committee, which consisted of about 30 people, including elected officials, and appointed department leadership, and one city attorney. After a brief introduction, and a description of CASA's membership, we noted the time and effort the PSL Task Force had put in to developing the background material and the draft legislative proposal. Dave made a formal presentation, using the attached PowerPoint. The presentation lasted about fifteen minutes, with questions and answers following. In addition to explaining the need for the proposed PSL legislation, Dave did a good job trying to raise the issues expressed by the Central Contra Costa Sanitary District, and several of our CASA members who are opposed to CASA's proposal. The CCCSD letter, along with the task force fact sheet and the draft legislation, was sent to the committee by members of the League's staff earlier in the week. During the presentation, we mentioned that the League's support of the draft legislation would be an important consideration in CASA's determination whether or not to go forward with the introduction of a bill next year. At the conclusion of the presentation, there were a number of questions and comments. One council member asked, for example, what percentage of 181 was attributable to homes and businesses, versus the Public Agencies' own systems. One mayor felt that in his city (Sunnyvale), FOG was the greater problem, and that requiring inspections at point of sale, would take 100 years to correct any problems. Another person suggested that a better approach would be to address the PSL problem by increasing the monthly billing, with the agency taking the responsibility. One person who had just experienced a problem with her sewer lateral in the purchase of an older house emphasized the proposed legislation contained "opt -out provisions." Lastly, the city attorney for Pacifica stated that their wastewater agency had implemented a loan structure program, and that they had previously tried point of sale, and "the realtors killed it." She strongly supported the proposed legislation. Somewhat to Dave and my surprise, when the chair asked for a consensus vote at the conclusion of the discussion, it appeared that on a vote of about 14- 2 showing of hands, a "support, in concept" position on the proposed legislation was taken. However, in a subsequent conversation, the League of Cities lobbyist, Jennifer Whiting, indicated that the League's Board of Directors would make the final determination as to a position. Fortunately, the Board is meeting this Thursday and Friday, and Jennifer said she would get back to me on Monday with any actions that were taken. Finally, it is important to note that the League, like most organizations in Sacramento, do not take formal positions on legislation until the bills have actually been introduced in the Legislature. III. California State Association of Counties (CSAC) — Request for Comment There was not a formal opportunity for Dave or me, or any member of the PSL Task Force to make a presentation to one of CSAC's Committees. However, Karen Keene, CSAC's Lobbyist, whom I have kept apprised of CASA's activities on the PSL issue since last October, initially shared the draft legislation, background material, and CCCSD opposition letter with their flood control and water resources committee to determine the extent of CSAC's interest. Since it was a small committee of Deputy Directors of Public Works, I asked if she would share it with a broader group. Karen was kind enough to outline CASA's proposal in their July Legislative Bulletin, with a request for comment (see attached). Karen will be sharing with me any comments that are received in the next few weeks. IV. Regional Council of Rural Counties (RCRC) — Request for Comment RCRC, whose membership consists of 31 mostly rural counties, did not have an appropriate venue to make a formal presentation. Kathy Mannion, the Association's Lobbyist, whom I have also kept informed of CASA's activities, has also asked for comment from her members in their weekly newsletter, called "The Barbed Wire" (see attached). Kathy will be getting back to me with comments as appropriate. V. Lessons Learned from SB 407 Padilla Similar to the approach envisioned in CASA's proposed PSL legislation, SB 407 Padilla, as introduced earlier this year, required that all residential and commercial properties built before 1994 would be required to have all plumbing fixtures that "are not water - conserving plumbing fixtures" replaced prior to the time of sale or transfer by the property owner. Senator Padilla, along with the co- sponsors ACWA and Metropolitan Water District (MWD), argued before legislative committees that, in light of California's drought conditions, numerous efforts had to be undertaken to save and conserve water supplies. The bill was strongly opposed by the California Association of Realtors and the California Business Properties Association. In order to gain passage in the initial policy committee, Senator Padilla was forced to remove the disclosure requirements in the bill. Despite this amendment, opposition continued, and as amended for the fourth time on July 1, the bill now would: 1) Establish requirements for residential and commercial property built before January 1, 1994, for replacing plumbing fixtures that are not water conserving. 2) After January 1, 2014, require, for all building alterations or improvements to single - family residential property, that water - conserving plumbing fixtures replace other non- compliant plumbing fixtures as a condition for issuance of a certificate of final completion, etc. 3) Before January 1, 2017, all non - compliant plumbing fixtures in any single - family residential property shall be replaced by the property owner with water - conserving plumbing fixtures. 4) Before January 1, 2019, all non compliant plumbing fixtures in multi - family residential real property and commercial real property shall be replaced with water - conserving plumbing fixtures. 5) After January 1, 2014, similar provisions to the above would apply to multi - family residential and commercial properties. 6) After January 1, 2011, a seller or transferor of single - family residential property, multi- family residential property, or commercial property must disclose to a purchaser or transferee, in writing, the specific requirements for replacing plumbing fixtures, and whether the real property includes non - compliant plumbing. Article from CSAC Legislative Bulletin () July 10, 2009 Agriculture and Natural Resources For more Information, contact Karen Keene at 916/327 -7500, ext. 511, or e-mail kkeene@counties.org or Cara Martinson at 915/327 -7500, ext. 504, or email cmarti nson (acounties.ora. Private Sewer Laterals Proposed Legislation — Request Comment The California Association of Sanitation Agencies (CASA) is considering the possible introduction of legislation regarding the Inspection of private sewer laterals (PSLs) at the time of the sale of a home. A private sewer lateral (or private lateral) is the pipe that transports wastewater from a building to the public sewer main In the street. The proposed legislation would require sanitation agencies to adopt ordinances that mandate property owners to obtain a compliance certificate through Inspection, testing, repair, or replacement of their private laterals. New and existing ordinances would be required to meet minimum requirements defined by the legislation, but agencies will have the discretion to adopt a more stringent ordinance. Each agency will determine how best to structure Its own PSL ordinance and certification program, what standards PSLs must meet, and how to fund any required resources needed to Implement the program. Agencies will not be required to perform inspection, testing, repair, or replacement. The cost of work to obtain certification will be paid by the property owner. Very small sanitation agencies, and those that can show that private laterals in their service areas have no significant detrimental impact, would be excluded from the legislative requirements. CASA has requested that CSAC seek comments from the counties regarding this proposal. Counties interested in providing input on the proposal may visit the CSAC Web site to review the actual language and white paper. CSAC staff would like to know if counties are supportive of the proposal or if they have concerns. Please submit your comments to Karen Keene, CSAC Legislative Representative, by July 27. Energy AB 222 (Adams) — Support As Amended on July 8, 2009 AB 222, by Assembly Member Anthony Adams, passed out of the Senate Energy Committee this week. This bill would update the Integrated Waste Management Act of 1989 to incorporate changes that will enable and expedite the production of advanced, non -food derived biofuels, green power, and other bio -based products from biomass. CSAC supports this bill because it will help California achieve the goals of Its Renewable Portfolio Standard, Low Carbon Fuel Standard and Bioenergy Action Plan and aid local governments in achieving higher solid waste diversion rates. The bill is set for hearing on July 13 in the Senate Environmental Quality Committee. AB 262 (Bass) — Support As Amended on April 14, 2009 AB 262, by Assembly Speaker Karen Bass, was passed out the Senate Energy Committee this week. CSAC has received Indication from the author that this bill will be gutted and no longer contain Its current provisions. However, language included in AB 262 has been Incorporated into a budget trailer bill and will make the necessary changes to conform to the statute governing the Energy Efficiency and Conservation Block Grant Program (EECBG) to the federal American Recovery and Reinvestment Act (ARRA) guidelines, and provide a necessary fix to an eligibility issue that currently excludes 13 counties from the EECBG Program. Furthermore, the California Energy Commission (CEC) has released their draft guidelines for the EECBG program, and It specifies eligibility criteria that include the previously excluded 13 counties. To view a copy of the guidelines, visit the CEC Web pace. ARRA — EECBG Program Workshops The CEC has announced several more workshops around the state to Invite stakeholder input on the development of the EECBG guidelines. To see more information about the workshops, which will be held next week in San Diego, Ripon and Santa Ana, visit the CEC Web pace. AB 64 (Krekorian) — Oppose As Amended on June 23, 2009 AB 64, by Assembly Member Paul Krekorlan, passed out of the Senate Energy Committee this week by a narrow margin. This bill would Increase California's Renewable Portfolio Standard (RPS) to require all retail sellers of electricity and all Publicly Owned Utilities (POUs) to procure at least 33% of electricity delivered to their retail customers from renewable resources by 2020. The bill would also establish the Energy Planning and Infrastructure Coordinating (EPIC) committee to develop a strategic plan to Identify and rank renewable energy development zones, along with the needed transmission and distribution necessary to access those zones. CSAC has joined with the League of California Cities (League) In opposing a provision in the bill that would transfer the responsibility of siting renewable energy facilities between 5 megawatts and 50 megawatts from local governments to the newly created Energy Planning and Infrastructure Coordinating committee. CSAC and the League have indicated to the author that this siting authority has long been the purview of local governments and we do not believe this authority should be taken away. This bill now moves to the Senate Appropriations Committee. Fire SB 505 ( Kehoe) — Oppose As Amended on June 1, 2009 SB 505, by Senator Christine Kehoe, passed out of the Assembly Natural Resources Committee on July 6. This bill would amend the general plan safety element requirements for state responsibility areas (SRA) and very high fire hazard severity zones. It would also attempt to strengthen the development review process under California Environmental Quality Act (CEQA) by expanding the Initial study checklist to address fire hazard Impacts of projects. CSAC, along with the Regional Council of Rural Counties (RCRC), is opposed to this bill because of the potential Implementation costs, which will be in the thousands of dollars depending on the amount of public outreach, controversy, and environmental review. Counties Impacted by this measure are urged to provide CSAC staff with anticipated cost estimates associated with the bill's implementation. SB 505 now moves to the Assembly Appropriations Committee. Solid Waste SB 25 (Padilla) — Oppose As Amended on July 28, 2009 SB 25, by Senator Alex Padilla, was held in the Assembly Natural Resources Committee this week. This bill would have increased the solid waste diversion mandate on local governments to 60% by January 1, 2015, with a state -wide goal of 75% diversion by 2020. Pubished by CSAC Powemd by IMN THE BARBED WIRE Llpdotei for the week 01 1one 22 -20, 2009 COUNTY INPUT REQUESTED... Action Needed to Defeat Suction Dredge Mining Moratorium RCRC continues to strongly oppose SB 670 (Wiggins, D -Santa Rosa), which would prohibit suction dredge mining until the Department of Fish and Game (DFG) completed a new Environmental Impact Report (EIR) and adopted new regulations relating to suction dredge mining. Currently, the bill is in the Assembly Appropriations Committee. To help with these efforts RCRC is requesting that counties submit data regarding how much revenue is generated by mining claims in your county for 2009 and any previous (3 or more) years for which you have data. As this revenue is taxable at a rate of 1 percent of the assessed value, these mining activities generate needed funds for many counties. RCRC has joined with others stakeholders to oppose SB 670, and it will be helpful to our efforts to quantify the financial impact the proposed moratorium will have on counties. Please send this information to, and for additional details or questions, please contact RCRC Legislative Advocate, Cyndi Hillery, chillerv(a )rorcnetoro. CASA Requesting Feedback on Private Sewer Laterals The California Association of Sanitation Agencies (CASA) is requesting feedback from RCRC and other local government associations on proposed legislation dealing with private sewer laterals. A private sewer lateral is the pipe that transports wastewater from a building to the public sewer main in the street. The State Water Resources Control Board requires sanitation agencies to maintain pubic sewer lines, but there is no statewide program that mandates the maintenance of private laterals. CASA is proposing statewide legislation that would require public sanitation agencies to adopt ordinances that mandate the maintenance of private laterals. The proposed legislation recommends a set of minimum standards for the inspection, testing, repair, or replacement of private laterals. The ordinances would mandate property owners to obtain a compliance certificate through inspection, testing, repair, or replacement of their private laterals. The cost of work to obtain certification would be paid by the property owner. A sanitation agency ordinance would mandate property owners to obtain a compliance certificate, at a minimum, under two conditions: 1) If a private lateral is determined by the sanitation agency to pose a nuisance or threat to public health; 2) Upon sale or transfer of their property. The CASA fact sheet on the proposed legislation can be accessed at: hffp://www.rcrcnet.org/pub/barbedWre/2009/BWCASAfactsheet.pd The CASA proposed draft language can be accessed at: hftp://www.rcrcnet.oLq/pub/barbedWre/2009/BWCASAlegislation.pd f RCRC is requesting comments on the CASA proposal from member counties. Please provide your comments to Kathy Mannion at (916) 4474806 or kmannion @rcrcnet.org. FEDERAL UPDATE... House Transportation Committee Begins Work on Highway Bill This week, amid a flurry of pre- recess activities in Congress, the House Transportation and Infrastructure Committee released its blueprint for the next highway and transit authorization act. The bill, entitled simply, the Surface Transportation Authorization Act of 2009, was not formally introduced in the House of Representatives, but did get official consideration and unanimous approval by the Subcommittee on Highways and Transit. The bill does not contain any overall dollar amounts, funding formulas, or project earmarks. Committee Chairman James Oberstar (D- Minn.) announced that he plans to move forward with consideration of the bill by the full Transportation and Infrastructure Committee in late July. However, that type of progress is contingent upon a funding deal with the House Ways and Means Committee and the White House. Oberstar has stated the bill could total more than $450 billion over six years. SAFETEA LU, which expires in September, provided a total of $286 billion. The Obama Administration came under heavy fire at the mark -up by Democrats and Republicans alike for announcing their desire for Congress to enact an 18 month extension of the current law and work on the highway bill after the 2010 elections. Subcommittee Chairman Peter DeFazio (D -Ore.) said, "An 18 month delay is not acceptable." Full Committee Ranking Member John Mica (R -Fla.) added, "We need to move forward... this is our jobs bill, our true stimulus bill." The Obama Administration has also been very clear that they strongly oppose an increase in the federal gasoline tax, currently 18.3 cents per gallon. Additionally, they are opposed to moving the financing of the Highway Trust Fund (HTF) to a vehicle miles traveled fee scheme. Currently the HTF is again on its way to bankruptcy and will not be able to support the existing program without at least a $5 -6 billion bailout by August. Last year, the HTF needed an infusion of $8 billion in emergency funding to remain solvent. The legislation, which is more than 775 pages in length, follows the outline released by Oberstar a few weeks ago. The bill would attempt to collapse over 100 separate funding categories into four major highway formula programs: . • Critical Asset Preservation — includes the National Highways System, Interstate and bridge programs; • Highway Safety Improvement Program (in which he included rural road safety); • Surface Transportation Program; and • Congestion Mitigation and Air Quality Program Additionally, the Oberstar proposal would create a new Freight Transportation Formula program, and Metropolitan Mobility and Access program for metro areas over 500,000 in population. RCRC staff is reviewing the bill and will provide more details to members in the comings weeks. Details of the Surface Transportation Authorization Act of 2009 can be found at: http: / /transportation.house.gov/ Senate Committee Approves Controversial "Waters of the U.S." Legislation; Filibuster Expected On June 18th, the Senate Environment and Public Works Committee, on a strict party line vote, approved the controversial Clean Water Restoration Act (S. 787). The legislation, sponsored by Senator Russ Feingold (D- Wisc.), attempts to clarify federal jurisdiction over the nation's water under the Clean Water Act (CWA). Proponents contend that conflicting Supreme Court decisions have caused confusion and different interpretations of the role of the federal government regulating the nation's waterways. Specifically, S. 787 would remove the word "navigable" from the CWA, and would further define "Waters of the United States" to include all water subject to the ebb and flow of the tide, the territorial seas, and all interstate and intrastate waters and their tributaries, including lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, natural ponds, and a impoundment of the foregoing, to the fullest extent that these waters, or activities affecting these waters, are subject to the legislative power of Congress under the Constitution. The EPW Committee adopted an amendment by Senator Max Baucus (D- Mont.) that was proposed as a compromise on the bill. The Baucus amendment clarifies that the CWA's jurisdiction would reflect the state of the law in 2001, a date prior to the two major Supreme Court cases in question. Additionally, the Baucus amendment included exclusions for existing converted cropland and waste treatment systems. However, the amendment did not sway any committee Republicans to vote for the legislation. In fact, upon committee passage of the bill, Senator Mike Crapo (R- Idaho), immediately placed a hold on S. 787, essentially halting Senate floor consideration of the measure. To move the bill in the future, 60 votes would be needed. A summary of the CWRA Compromise Amendment can be viewed at: httD:// www. rcrcnet .or(]/Dub/barbedWre /2009/BW CWRA.odf Please contact Melissa White, RCRC Federal Affairs Coordinator, at (916) 4474806, with any questions. REGULATORY UPDATE... Climate Action Reserve to Consider Updated Forest Project Protocol The California Climate Action Reserve (CAR) announced Thursday that its Board will consider approving the CAR Forest Project Protocol Version 3.0 at 1:00 p.m. on Wednesday, July 1 at the CaIEPA Building in Sacramento. The update was requested by the California Air Resources Board (ARB) after stakeholders, including RCRC, expressed concern about the limited scope of projects included in the Protocol and the requirement that lands be placed in a conservation easement before landowners could use the Protocol for carbon accounting. ARB asked for the revisions in December 2007. While the final draft addressed many stakeholder concerns, the Protocol still considers woody material harvested for use in the energy sector as an emission, rather than taking the entire life -cycle into account. CAR representatives insisted that the Protocol will be revised in the future once the energy sector protocol is developed, but landowners that use the protocol to account their carbon will be penalized until that time. If the CAR Board approves the amended Protocol, it will then be considered for endorsement by ARB. The final draft Forest Project Protocol, Version 3.0 and related documents can be viewed on the CAR website: hfD:// www. climateactionreserve.org/how -it- works /protocols/ adopted - protocols /forest/forest- Droiect- protocol- update/ For more information on the CAR Forest Project Protocol, contact Staci Heaton at (916) 4474806 or sheatonorcrcnet.ora. ANNOUNCEMENTS... Will Kempton to Depart Caltrans This week, California Department of Transportation (Caltrans) Director Will Kempton announced he is leaving state service at the end of July, He is expected to move south to head the Orange County Transportation Authority. Kempton was appointed Director of Caltrans by Governor Schwarzenegger in November 2004. In a statement the Governor commended Kempton's service to the state, stating, "Will has been an incredible driving force behind rebuilding California's infrastructure and especially instrumental in quickly moving federal stimulus dollars out the door to transportation projects around the state," said Schwarzenegger. Additionally, the Governor announced that he will appoint Caltrans Deputy Director Randell Iwasaki to succeed Kempton starting August 1, 2009. Iwasaki has been with Caltrans for over 26 years. U.S. EPA Announces Grants for "Climate Showcase Communities" The U.S. Environmental Protection Agency (EPA) has announced $10 million in grants to local and tribal governments to establish and implement climate change initiatives that will help reduce greenhouse gas emissions. EPA expects to award approximately 30 cooperative agreements ranging from $100,000 to $500,000, with approximately 5 percent of the funds being set aside for tribal governments. Proposals are due by July 22, 2009 at 4 p.m. EDT. Visit EPA's website for more information: hftp: / /epa.gov /cleanenergy /energy- programs /state- and - local /showcase html Federal Agencies Conducting Mandatory Seminars for ARRA State Revolving Fund Recipients The Office of the Inspector General. and U.S. EPA are conducting seminars throughout California to provide information and suggestions to help monitor the use of stimulus funds, and to inform funding recipients of the potential for fraud, waste, and abuse in the State Revolving Fund (SRF) programs. The seminars are mandatory for recipients of ARRA SRF funding. Additional information may be accessed here: hftp: / /www.rcrcnet.oEg/ pub /barbedwire /2009 /BWOIGtrainingworkshops Ddf RETI Phase 2A Draft Report Comment Deadline Extended Until July 10 The Renewable Energy Transmission Initiative (RETI) Phase 2A Draft Report (Report) regarding a statewide transmission plan to access priority Competitive Renewable Energy Zones (CREZ) was released the first part of June, with a June 26 deadline for public comment. The comment deadline has been extended until July 10, 2009, and should be sent to Clare Laufenberg Gallardo at claufenb@energv.state.ca.us or mailed to Ms. Gallardo, California Energy Commission, 1516 Ninth Street, Sacramento, CA 95814. The Report and additional information may be accessed at hftp: / /www.energy.ca.gov /reti /documents /index.html Department of Water Resources Schedules Preseason Flood Coordination Meetings The Department of Water Resources has scheduled a number of Preseason Flood Coordination Meetings throughout California to provide an overview of future weather and water conditions in the state. Additional information may be accessed here hftp: / /www.rcrcnet.org/ pub /barbedwire /2009 /BWFlood.pdf PSL Task Force, The following message is being sent on behalf of Dave Williams: During our last Task Force conference call, held on July 23rd, the participants in the call discussed recent outreach events and alternative approaches for next steps. During our call, Mike Dillon provided helpful insight on the likely fate of the proposed bill, if it were introduced in the Legislature, by summarizing recent changes to SB 407 (Padilla water conserving fixtures bill) and discussing the impact of the divided views of CASA members regarding the desirability of the legislation. Please see the attached memo from Mike for more info on how this bill has been transformed from an original point -of- sale requirement into a fairly weak requirement for replacement of noncompliant fixtures in all single family homes by 2017 and disclosure of noncompliant fixtures at point of sale by 2011. The Task Force also had an extended conversation about what sort of recommendation the Task Force should make to the CASA Board during the August Executive Board meeting. Three options for a recommendation were developed on the call, as shown below. It was determined that a full vote of the Task Force members was needed if the Task Force would be making a recommendation on this critical issue to the CASA Board on one of the options. Since not all members were represented on the call, it was decided to hold another conference call prior to a Task Force vote. Our next call will be held on Tuesday, August 4th, 9 -10am. Prior to the call, please review the proposed alternatives below. On the call, we will be discussing any needed modifications to the options. After the call, an e-mail will be sent to all 40+ members of the Task Force asking them to vote on the options. Option 1: Proceed with sponsoring the draft legislation as is. Based upon potential opposition both external and internal to CASA, Mike Dillon felt it is likely that, during the legislative debate, the bill may follow a course similar to that of SB 407: i.e. "watered down" to remove point -of -sale and mandatory ordinance requirements. Task Force members should understand that the end result of a legislative effort may be a vague bill with few teeth and extended deadlines. Option 2: Abandon the point -of -sale and mandatory ordinance language now and go directly to development of alternative PSL legislation that may have a higher chance of being successful in the Legislature yet provides some benefit to CASA member agencies. For this option, additional time (beyond the end of 2009) may be required to discuss alternatives and develop the new draft legislative language. Option 3: Do not proceed with legislation. Instead, the Task Force would develop a compilation of successful California PSL ordinances /programs and provide model ordinance tools that can be used by agencies seeking to implement PSL ordinances /programs on their own. Please review these options and be prepared to discuss on the August 4th call. If you are unable to participate in the call, please provide any comments on the options by e-mail to Heidi Oriol (horiol(d)ebmud.com) by Monday, August 3. Thank you for your support on this effort, Dave 7, a . Y) Central Contra Costa Sanitary District July 31, 2009 TO: BOARD OF DIRECTORS VIA: JAMES M. KELLY, GENERAL MANAGER FROM: TAD PILECKI, CAPITAL PROJECTS DIVISION MANAGER(e) SUBJECT: STATUS UPDATE ON THE CSOD ADMINISTRATION, CREW AND WAREHOUSE FACILITY, DP 8208 Following is a brief update on the status of the subject CSOD Facility: • The City of Walnut Creek finished their reviews of the Building and Site Development Plans and provided their comments to the District on July 17 and 21 respectively. • District Staff plans to address the City's Comments and resubmit the package for a second review by the week of August 24. • EBMUD, PG &E and Consolidated Fire have been concurrently reviewing the plans and specifications. • The District has received from its consultant an updated Engineer's Construction Cost Estimate for the Improvements at $13 Million. • At the August 6 Board Meeting, staff will seek the Board's concurrence to advertise the project. Pending favorable bids, staff will ask the Board to consider award of the project and to initiate sale of the bonds in October or November. • Attached for the Board's information are the results of a recent bid opening for a Police /Fire Facility in Winters, California. This facility is similar in nature to the District's project. The plans, specifications and Engineer's Estimate were prepared by the same team that is working on the District's Project. The Engineer's Estimate for the facility was $10.45 Million. Seventeen bids were received with the low bid at $6,366,000, thirty -nine percent below the engineer's estimate. Bid results similar to this would be very favorable for the District's new CSOD Improvements. /jf N: \PESUP \PILECKI\2009 \CSO Update.doc m 0 °o °o °o °o °o °o °o °C o g o o O n N N O N l!1 r� 00 O O O 0 W N O O O W O o n n lO v n r0 N m o r" m Sa30lin8 N8 x x X x x X X x ca a' .-i oc ni e6 M o W i/f l/? 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V} V? Lf VT VT 1 � • r•� • !�1 '✓J Q\ 0 H W H N W N M W H V W H V1 W H t0 W H I� W H W W H 01 W F W H .ti W H �� U a a a a a a a a a a a •.� ^' o = o .. z z z z z z z z z z z jp W W h+i � V a.) J -o O W W W W W W W W W � N � J J J J J J J a J a J a J a J a ..� � �e O a O „� ti N O ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ O ❑ O0 00 m m m m m m m m m m m ti v m �: O E E > > > > > > > > > > > •� .r+ � g o v °�'a n G G G G G G GG G G G (� :2 ,O O X W d m m Z 04" Q Q n O❑❑❑❑❑❑❑ 0 ❑ 0 m `o m Agenda Item 7.a.5) Board Meeting of August 6, 2009 Written Announcements: Staff Meetings /Events a) Round Hill Estates North Meeting District staff and Legal Counsel met with the Round Hill Estates North Home Owners Association Board of Directors at their regular meeting on July 28, 2009, to discuss the poorly- maintained drainage culverts and small slides on District easements. Failure to address these issues in a timely manner makes it difficult for CSO to maintain the sewer, difficult to respond to an emergency, and ultimately could threaten the sewer in the easement. Four of the seven directors were present. Information on these issues was presented to those present including pictures of the problems, a map indicating locations, and a sample of draft letters to be sent to homeowners. There was a cordial discussion with members of the HOA Board. They asked to be copied on correspondence sent to homeowners and had useful input on the draft letters. The next step will be to send a general letter to all homes with a sewer on a slope bench (approximately 100) advising them of the presence of the sewer and the need to maintain the bench. We will include the District pamphlet "There's a Public Sewer Line On or Near Your Property" and a copy of information on the proper maintenance of the slope benches as found on the Round Hill Estates North web site. Thereafter, targeted letters will be sent to approximately 28 homes that have issues, as well as to the HOA. These will include pictures of the problems as well as the pamphlet and slope maintenance information included in the first mailing. The responsible parties will be asked to take action to correct the problem(s) prior to October 15, 2009, before the next rain season. A form with a return envelope will be included asking for a response within 30 days as to what action is proposed. b) A -Line Project Ribbon Cutting The ribbon - cutting marking the completion of the A -Line Project will be held on Wednesday, August 26, 2009, at 10 a.m. at the Concord Pump Station located at 2050 Waterworld Parkway. Refreshments will be served and tours of the Flow Meter Vault will be available. c) Pleasant Hill Sewer Renovation Project (Phase 1) Workshop The District hosted a public meeting on Thursday, July 30, 2009 at the City of Pleasant Hill's Community Room for the Pleasant Hill Sewer Renovation Project, Phase 1. Forty -four invitations were mailed but none of the affected residents attended. The project will renovate 2,500 feet of six and eight -inch sewer mains in Pleasant Hill using open cut, pipe - bursting, and CIPP techniques. Financial d) Avalon Connection Fee Payment Received On July 17, 2009, Avalon Bay Communities paid connection fees totaling $2,259,025.15 for 422 apartments and about 50,000 square feet of retail space in three buildings in the Pleasant Hill Transit Village Project adjacent to the BART station. The fees included $2,131,988.83 in Capacity Fees and $123,057.32 in Sewer Service Charges. Project Updates e) Solids Handing Improvements Proiect, DP 7260 On July 20, 2009, during excavation work for the foundation of the sludge truck loading facility, the contractor, Manito Construction, Inc., discovered that the soils at the site appeared to be contaminated with a petroleum material. Staff brought in AEI Consultants to examine the soils and collect samples. The soil analysis has confirmed that the soil contains the black, oily, petroliferous materials found during past subsurface construction work on the treatment plant site. In order to avoid delay claims, staff has directed Manito Construction, Inc to retain a subcontractor qualified to handle this type of material. Approximately 500 cubic yards of material has been removed from the excavation and stock piled at the site. The total cost to stockpile and then consolidate the contaminated material might exceed $50,000. In the event that the total cost exceeds staff's authorization limit, staff will request the Board's authorization to execute a change order with Manito Construction, Inc. for this work. Staff has informed the Department of Toxic Substances Control (DTSC) of this discovery and is waiting for permission to consolidate the materials on site. General Updates f) City of Concord Retirements that Relate to the District City of Concord employees Qamar Khan, Public Works Director; Bruce Good, Infrastructure Manager; and Mark Boehme, Senior Assistant City Attorney, have announced that they will be retiring effective August 31, 2009. Qamar and Bruce have worked closely with District staff for many years, most recently on the almost complete A -Line Relief Interceptor Phase 2A/Concord Inter -tie Project. Sixty -four City employees will be retiring by the end of August. Attached is a news release on the issue. g) Pretreatment Compliance Inspection Findings Report A Pretreatment Compliance Inspection (PCI) was conducted on February 25 and 26, 2009 by the United States Environmental Protection Agency and the Regional Water Quality Control Board's contractor Tetra Tech, Inc. The PCI report was received on June 23, 2009 and the District responded to the findings on July 28, 2009. A summary memo along with the PCI report and the District's response are attached for the Board's information. Agenda Item 7.a.5) Board Meeting of August 6, 2009 Additional Written Announcements: Project Updates h) , Temporary Relocation of Permit Counter Operations The permit counter will be closed for construction beginning Monday, August 10, 2009, and is scheduled to re -open on Monday, August 31, 2009. During the closure period, permit operations will be temporarily moved to the First Floor Conference Room (not the Board Room as previously reported). Ajezridalf4n 7. a, -f FOR IMMEDIATE RELEASE Concord's early retirement program helps solve budget shortfall Concord, CA (July 24, 2009) The City of Concord will say good -bye to 64 employees in August as a result of an early retirement program designed to help the City manage its budget shortfall and minimize lay -offs. The City has 479 full time employees; the retirements represent over 13% of the City's workforce. Those who accepted the offer will receive 7% of their base salary annually in addition to their California Public Employees Retirement System (CalPERS) retirement benefit. As is the case in most California cities, a sharp reduction in sales and property tax revenue has created a budget shortfall. Concord's $80 million general fund is faced with a $13.5 million structural deficit. The state is expected to take another $2.5 million of the City's money in property tax revenues to balance its own budget, magnifying the shortfall. In June, the City Council passed the fiscal year 2009 -2010 City budget and 10 -Year Financial Plan, which went into effect July 1. The early retirement program, along with employee compensation and benefits reductions, operational changes, use of reserves, and the elimination of 42 positions through layoffs, were assumed in the budget projections. The early retirements are projected to save the City $1 million this fiscal year (2009- 10) in salaries and benefits, and $2.9 million annually in fiscal years 2010 -11 through 2013 -14. In 2014 -15, when the funding for the program has been paid off, the savings will be $3.9 million a year. These projections assume no more than 50% of the retiree positions are re- filled. "We are about to become a much leaner organization," said City Manager Dan Keen. "The City is losing 1,316 years of experience and expertise as these dedicated employees walk out the door. We are sad to see them go. But in this extreme budget situation, we are pleased to have found a way to reduce the City's work force that minimizes impacts to employees and our community. Keen is reviewing staffing needs with all departments in light of the retirements. Those positions being vacated that need to be re- filled in order to provide essential services may allow employees on the layoff list to transfer to a vacant position, reducing the number of layoffs. The City Council has voluntarily reduced its monthly stipend by 10% while the City Manager and Executive Team voluntarily took a 9% pay and benefit reduction. In addition, all managers have accepted an almost 7% pay and benefit reduction and all confidential employees have accepted a 5% reduction in pay. These reductions in pay and benefits equate to approximately $640,000 in savings to the General Fund. One element of achieving this savings requires employees to take 13 unpaid furlough days spread over the next twelve months. The first furlough day will be on August 14. . The City is currently negotiating with all represented bargaining units and is hoping to obtain additional salary savings from each of these groups. Local One, which represents 190 City employees, has entered a tentative agreement with the City. Their members will be voting on it prior to Monday's Council meeting, where the Council Members will be asked to act on the proposal. For more information about the City's budget, visit www.cityofconcord.org, and select "Budget Update" from the News and Events box or call Ron Buck, the City's Budget Officer at (925) 671 -3155. For more information on the early retirement program, call the Assistant City Manager, Valerie Barone, at (925) 671 -3461. - 30 - CONTACT: Leslye Asera Community Relations Manager (925) 671 -3272, lasera @ci.concord.ca.us www.cityofconcord.org 1950 Parkside Drive, MS 1A Concord, CA 94519 f Concord /k9a �TP%n� Q_,d'vq Central Contra Costa Sanitary District July 31, 2009 TO: BOARD OF DIRECTORS VIA: JIM KELLY, GENERAL MANAGER g ANN FARRELL DIRECTOR OF ENGINE RINGA q- FROM: TIM POTTER; NVIRONMENTAL COMPLIANCE SUPERINTENDENT SUBJECT: PRETREATMENT COMPLIANCE INSPECTION OF CCCSD The District's Source Control Program is periodically evaluated by the SF Bay Regional Water Quality Control Board ( RWQCB), U.S. Environmental Protection Agency (EPA) or a contractor working for these agencies (e.g. Tetra Tech, Inc.) in order to assess compliance with the federal pretreatment standards. These standards are established under the Clean Water Act and are found in 40 CFR Part 403. Two levels of evaluation are performed: Pretreatment Compliance Audit (PCA) and Pretreatment Compliance Inspection (PCI). In general, a PCA is a more comprehensive evaluation than a PCI and involves a review of an agency's sewer use ordinance (e.g. the District's Source Control Ordinance). The objective is to evaluate approved pretreatment programs at least annually at the PCI level and complete a PCA approximately once every five years. Enclosed is the report completed by Tetra Tech for the PCI completed in February 2009 and the District's response to the PCI findings. The Tetra Tech inspection team was experienced but was new to evaluating the District's Source Control Program. During the PCI and subsequent discussions, Tetra Tech staff stated that the District's pretreatment and pollution prevention programs are well -run and better than most of the programs they have evaluated in California and across the country. At one point, the lead Tetra Tech inspector stated that he would recommend the District's program for a national pretreatment award if the EPA had continued with this award program. He did state that he was going to recommend to the EPA and RWQCB that the PCI for 2010 be waived for the District so that the Tetra Tech resources could be directed to programs with a greater need for oversight. In spite of the positive verbal statements, Tetra Tech findings in the PCI report included five relatively minor requirements and recommendations to which the District had to respond. The one requirement regarding determination of Significant Non - Compliance (SNC) for our regulated businesses reflected our efforts to work with them to achieve compliance without having to classify them as being in SNC. Please let me know if I can provide additional information on the evaluation process in general or the specific content of the attached documents. TPlmvp Enclosures NAENVRSRV\Source Contro1\Board \2009 \PCI MEMO.doc , 3 California Regional Water. Quality Control Board Linda S. Adams Secretaryjor bu,irunmenm( Proteclun San Francisco Bay Region 1515 Clay Street, Suite 1400, Oakland, California 94612 (510) 622 -2300 • Fax (510) 622-2460 filip: / /www, watcfboads. ca, gov /san ltwicis'cobay June 23, 2009 CWIQS Place ID 213875 Tim Potter Environmental Compliance Superintendent Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 SUBJECT: 2009 Pretreatment Compliance Inspection (PCI) Report Dear Mr. Potter: Amdd Schur. n ,r Gowmo, RECEIVED JUN Z 3 2009 CCCSD SOURCE CONTROL Enclosed is the PCI report for the Central Contra Costa Sanitary District's Pretreatment Program. Tetra Tech Inc., a U.S. Environmental Protection Agency (USEPA) contractor, conducted the PCI of the District's Pretreatment Program on February 25-26, 2009. The PCI report contains several required and recommended actions that can assist in improving the District's Pretreatment Program. By August 7, 2009, please provide a response to the required and recommended actions. If you have any questions, please contact Michael Chee at (5 10) 622 -2333 or a -mail address mchee @waterboards.ca.gov. You may also contact Jenny Chen of the State Water Resources Control Board at (916) 341 -5570 or e- mail address hjchen @waterboards.ca.gov. Sincerely, !yw"'1 Jam✓ [/ Lila Tang Chief NPDES Wastewater Division Enclosure: 2009 PCI report Preserving, enhancing, and restoring the San Francisco Bay Area's waters for over 50 years Ca Regded Pope, Pretreatment Compliance Inspection Discharger: Location: Contacts: Inspection Dates: Inspected By: Summary Report Central Contra Costa Sanitary District NPDES No. CA0007648 Contra Costa County 5019 Imhoff Place, Martinez, CA Tim Potter, Environmental Compliance Superintendent Steve Linsley, Senior Environmental Compliance Inspector Jeff Skinner, Environmental Compliance Inspector II February 25 -26, 2009 Chuck Durham, Tetra Tech, Inc. Christy Williams, Tetra Tech, Inc. PCI Summary Report Contents 1. Executive Summary ..................................................................... ..............................1 2. Introduction .................................................................................. ..............................1 2.1 Size of Program .................................................................... ............................... l 3. Pretreatment Program Modifications ........................................ ..............................2 4. Legal Authority ............................................................................. ..............................2 5. Nondomestic Discharger Characterization ................................ ..............................2 6. Control Mechanisms .................................................................... ..............................2 7. Application of Pretreatment Standards and Requirements ..... ..............................3 8. Compliance Monitoring ............................................................... ..............................3 8.1 Compliance Sampling ............................................................ ..............................3 8.2 Compliance Inspections ......................................................... ..............................4 8.3 Nondomestic Discharger Site Visits Conducted During the Inspection ..............4 8.4 Requesting, Receiving, and Analyzing Reports .................... ..............................5 8.5 Slug Discharge Control Plans ................................................ ..............................5 9. Enforcement .................................................................................. ..............................6 9.1 Enforcement Response Plan .................................................. ..............................6 9.2 Significant Noncompliance Determination ........................... ..............................6 10. Summary of Requirements and Recommendations .................. ..............................7 10.1 Requirements ..................................................................... ..............................7 10.2 Recommendations ............................................................. ..............................7 Central Contra Costa Sanitary District PCI Summary Report Attachments Attachment A Water Enrorcement National Database (WENDB) Worksheet Attachment B Reportable Noncompliance (RNC) Worksheet Attachment C Nondomestic Discharger Site Visit Data Sheets Central Contra Costa Sanitary District IV PCI Summary Report 1. Executive Summary The Central Contra Costa Sanitary District's (District's) staff manages a pretreatment program that consists of 381 permitted nondomestic dischargers. Twenty -three of the dischargers are classified as significant industrial users (SIUs) as defined at Title 40 of the Codc of Federal Regulations (CFR), section 403.3(v). Two of the SIUs are categorical industrial users (CIUs) subject to federal categorical requirements. During an inspection of the District's program, the inspectors found several deficiencies. The file review and inspection interview revealed that sampling and analysis issues had been occurring at Varian Associates since 2005; however, District personnel had not noticed them until April 2008 when a new inspector took over the facility. The District issued a verbal warning to Varian. Associates for failing to conduct adequate monitoring and analysis since 2005; however, verbal warnings are not authorized in the District's ERP. Finally, the District is using inappropriate data to calculate SNC. 2. Introduction The San Francisco Bay Regional Water Quality Control Board (Water Board) with assistance from Tetra Tech, Inc., conducted a Pretreatment Compliance Inspection (PCI or inspection) of the District on February 25 -26, 2009. The previous pretreatment compliance audit of the District's Pretreatment program had been performed in January 2008. This inspection report describes the primary concerns generated by the recent PCI The PCI consisted of three parts: an interview of the District's pretreatment coordinator, a review of the pretreatment program files, and site visits to two permitted industries. The interview included a discussion with the pretreatment staff regarding the program in general, the District's compliance sampling and inspection procedures and their frequency, and enforcement issues. The file review consisted of examining the following dischargers: • Systron Donner Automotive Division (CIU subject to 40 CFR 433.17) • Varian Associates, Inc., (noncategorical SIU with a zero - discharging process subject to 40 CFR 433.17) These dischargers were also inspected as part of this PCI. The inspectors from Tetra Tech accompanied the District's inspectors to both facilities. This report summarizes the overall findings of the inspection and describes those program elements that are not consistent with federal pretreatment program requirements. In addition, the report provides recommendations to enhance the effectiveness of program implementation and enforcement. 2.1 Size of Program The District's staff manages a pretreatment program that consists of 381 permitted nondomestic dischargers. Twenty -three of the dischargers are classified as SIUs as defined at 40 CFR 403.3(v). Two of the SIUs are CIUs subject to federal categorical requirements. Of the remaining 358 permitted nondomestic dischargers, 303 arc dental facilities. The remaining 55 consist of 5 zero - discharging C[Us not deemed significant by the District, facilities classified as Class III facilities (businesses that require minimal oversight, such as groundwater dischargers, radiator shops, and dry cleaners), and special discharge permittees. The District also has begun a fats, oils and grease (FOG) inspection program. Central Contra Costa Sanitary District PCI Summary Report The District also permits three waste haulers to bring septage that originates from Contra Costa County. Samples are collected and randomly analyzed. Loads are certified with manifests. 3. Pretreatment Program Modifications The federal pretreatment regulations at 40 CFR 403.18 require publicly owned treatment works (POTWs) to notify the Water Board of any modifications it intends to make to its pretreatment program. The District updated its sewer use ordinance (SUO) in October 2008 to address the comments made as a result of the 2008 PCA. Such modifications are considered nonsubstantial. The District notified the Water Board of these changes in September 2008. The District will be updating its enforcement response plan (ERP) and the memorandum of understanding (MOU) with the cities of Concord and Clayton in 2009. 4. Legal Authority The regulation at 40 CFR 403.8(1) requires that every POTW subject to the national pretreatment program have the necessary legal authority to apply and enforce section 307(b) and (c) and section 402(b)(8) of the Clean Water Act. The District has service agreements with the cities of Concord and Clayton. Concord maintains the collection systems for itself and Clayton. The District implements and enforces the pretreatment program in both cities, and their ordinances defer to the District's SUO for legal authority. As noted in Section 3, the District plans to update the MOUs with these two cities in 2009. 5. Nondomestic Discharger Characterization The federal pretreatment regulations at 40 CFR 403.8(f)(2) require that POTWs develop and implement procedures to identify and locate industrial users that might be subject to the local pretreatment program. These procedures must also include proper categorization of all SIUs as defined at 40 CFR 403.3(v). On the basis of the files reviewed, the District has correctly classified its nondomestic dischargers and has procedures in place to adequately identify industrial users subject to pretreatment program oversight. The District's procedures for characterizing nondomestic dischargers were found to be adequate. The District works closely with each of the cities that discharge to its sewer system. When a new discharger applies for a building permit or a permit to modify an existing building, these applications are forwarded to the Environmental Compliance Program for review. In addition, District personnel conduct routine surveys throughout the District's service area to identify new dischargers. Control Mechanisms To ensure compliance with applicable pretreatment standards, the federal pretreatment regulations at 40 CFR 403.8(f)(1)(iii) require POTWs to control the discharges from nondomestic dischargers by using control mechanisms (permits or other similar means). The control mechanisms must include, at a minimum, the following: • Statement of duration (in no case more than 5 years) • Statement of nontransferability • Effluent limits, including best management practices, based on applicable pretreatment standards Central Contra Costa Sanitary District PCI Summary Report • Self- monitoring, sampling, reporting, and record- keeping requirements • Statement of penalties • Compliance schedules (if applicable) • Required resampling within 30 days after noticing a violation • Slug control requirements (if necessary) • Notification requirements - Notice of slug loadings Notification of spills, bypasses, or upsets - Notification of significant change in discharge Notification within 24 hours after noticing a violation Permits for CIUs must also properly use the combined wastestreant formula, properly convert mass -based limits to concentration -based limits, and properly apply production -based limits (if applicable) and must include a prohibition on dilution as a substitute for treatment. The Varian Associates permit does not contain the categorical discharge limits that would apply if the facility were to begin discharging categorical wastestreams. The inspection team recommends that the District include all applicable limits in any regulated facility permit, even if the facility is not discharging the regulated wastestream. 1. Application of Pretreatment Standards and Requirements The federal pretreatment regulations at 40 CFR 403.8(f)(I) require the District to have the legal authority to require compliance with applicable pretreatment standards and requirements, and to ensure compliance with these standards and requirements through the use of control mechanisms such as permits. The District correctly classified all the nondomestic users whose files were reviewed. In addition, on the basis of the files reviewed, the District is requiring compliance with all applicable pretreatment standards and requirements from its SIUs with the exception described in Section 8.4. 8. Compliance Monitoring The federal pretreatment regulations at 40 CFR 403.8(f)(2)(v) require that a POTW develop and implement an inspection and monitoring program to determine, independent of information supplied by nondomestic dischargers, compliance or noncompliance with applicable pretreatment standards and requirements. Furthermore, 40 CFR 403.8(f)(2)(vii) requires POTWs to investigate instances of noncompliance and enforce the regulations as necessary. 8.1 Compliance Sampling The federal pretreatment regulations at 40 CFR 403.8(f)(2)(v) require that all SIUs be sampled at least once a year unless the POTW has authorized a CiU to forego sampling of a pollutant regulated by federal pretreatment requirements. In such a case, the POTW must sample for the waived pollutant(s) at least once during the permit term [40 CFR 403.8(0(2)(v)(A)]. The District's compliance sampling procedures and frequency are adequate. The District conducts at least annual compliance monitoring events at all SIUs and is in compliance with federal pretreatment regulations. Central Contra Costa Sanitary District PCI Summary Report 8.2 Compliance inspections The federal pretreatment regulations at 40 CFR 403.8(f)(2)(v) require that all STUB be inspected at least once a year unless a discharger is subject to the reduced reporting requirements under 40 CFR 403.12(e)(3). In such a case, the POTW must inspect the discharger at least once every 2 years (40 CFR 403.8(f)(2)(v)(C)). The District's compliance inspection frequencies were found to be adequate. The District conducts compliance inspections at least annually at its SIU's. 8.3 Nondomestic Discharger Site Visits Conducted During the Inspection The Tetra Tech inspectors along with District personnel inspected two of the permitted nondomestic dischargers as part of the PCI. The Tetra Tech inspectors noted the following during the nondomestic discharger site visits: • Varian Associates. The facility manufactures, assembles, and tests Arcon auto - samplers, gas chromatography /mass spectrometers (GCMS), and nuclear magnetic resonance (NMR) machines. NMR Processes: The facility produces a probe insert by plating copper with palladium (40 CFR 433). The copper is etched with a phosphoric acid before being rinsed and plated. The inserts are very small, and the plating process is performed on a bench -scale only. The rinse water is contained under a fume hood, then stored in a barrel in the laboratory until it is disposed of. The containers have secondary containment and are properly labeled. No floor drains or sinks are in the laboratory. The remaining processes used to manufacture the NMR machines are dry. The probe inserts are cleaned and put into the probes. The probes are then cleaned with bleach and enzyme soap using swabs. No drains or sinks are in this area. The probes are tested with salt water blanks and tested at the NMR magnet farm on -site. The consoles to run the NMR magnets are also assembled on -site using only dry processes. GCMS Processes: No categorical processes are used in the production of the GCMS machines. Before assembly, the metal parts received from other locations are cleaned in an ultrasonic bath. The parts are cleaned in a solution of methanol, isopropyl alcohol, or soap. The pans are placed in metal trays or buckets, which then sit in a bath of water in the ultrasonic cleaners. The bath water is noncontact and is emptied into the sink in the room every few weeks. The cleaning solutions are disposed of as hazardous waste. The facility recently installed a dishwasher to test and see if the parts could be cleaned automatically. Before discharging, the facility sampled the discharge, and the results met all local limits. The cleaned parts are then baked in an oven to remove any residue before assembly. All assembly is done with screws. No soldering is done. The GCMS machines are testing for quality control before leaving the facility. The samples are evaporated in the process; therefore, there is no discharge. Arcon Auto - Sampler Processes: The auto - samplers are assembled on -site. The quality assurance testing process produces a small amount of discharge; however, this process water is disposed of as hazardous waste. The facility ceased discharging categorical process water in July 2008. The process water is now collected and disposed of as hazardous waste. No deficiencies were noted during the site visit. Central Contra Costa Sanitary District PCI Summary Report Systron Danner Autanolive Division. The facility has two divisions —the Inertial Division, which produces quartz tuning forks (sensors) for gyroscopes in airplanes, and the Automotive Division which produces stabilization systems for automobiles. The wafers are laser scribed (placing an ID number on each part) and checked for thickness. They then are cleaned using sulfuric acid and pre- etched using sulfuric acid and hydrogen peroxide. The wafers then go into an evaporator for 1.5 hours. The evaporation process includes dropping pressure while the temperature is raised. Then chrome and gold strikes are initiated, each takes approximately 40 minutes. From the evaporator, the wafers go to the photolithography process. This process involves having a positive or negative film applied, and then placing the part between two patterns to determine chemical application. The part is then exposed to ultraviolet light to apply the pattern to the part. The parts are then dried and moved to the nugget room where they are die - mounted so that an epoxy and forks can be applied to the base (cube). Gold wire is attached to contact points, and then the forks go through laser balancing to ensure perfect balance via laser trimming. Finally, a cap is welded onto the base to cover the fork (this process occurs inside a helium vacuum tank to insure no moisture gets into the part). Rinse waters from quartz slicing, the etching process, and the plating process are discharged from the facility. All wastestreams in the facility are piped into a collection system. Waste is batch treated (300 gallons per batch). Treatment consists adding sodium hydroxide to raise the pH in stage 1. The waste pump line has a second pH meter that checks to see if the reading is consistent with the first pH monitoring point. If it is not consistent, the waste is automatically diverted into a holding tank and pumped to the initial treatment tank. If the reading is consistent, the waste is discharged to the sewer. The facility discharges approximately 16,000- 17,000 gallons per day via multiple batch discharges. No deficiencies were noted during the site visit. 8.4 Requesting, Receiving, and Analyzing Reports The federal pretreatment regulations at 40 CFR 403.8(f)(2)(iv) require the District to request, receive, and analyze all reports submitted by SIUs. In addition, the SIU reports must contain the information required at 40 CFR 403.12. The District's Periodic Compliance Report (PCR) Review and Analysis Checklist for Varian Associates, dated April 22, 2008, indicates that the facility's March 2008 sampling event did not include data for cadmium or nickel. In addition, the checklist states that the wrong methods (solid waste methods) were being used to sample for all metals by the facility. The checklist also indicates that this was a historical problem. The file review and PCI interview revealed that these sampling and analysis issues had been occurring since 2005; however, District personnel did not note them until April 2008 when a new inspector took over the facility. Because the District had not noted or enforced such issues for such a long time, the District gave the facility a verbal warning and informed it of proper the sampling procedures. The inspection team commends the District for accurately documenting the historic nature of the noncompliance and acting quickly to correct the issue once it was noted. (The subsequent sampling events were conducted correctly.) However, the District is required to ensure that all reports submitted by the SIUs comply with 40 CFR 403.12. 8.5 Slug Discharge Control Plans The federal pretreatment regulations at 40 CFR 403.8(0(2)(vi) require the District to evaluate each SIU by October 14, 2006, or within one year of becoming an SIU, to determine whether the SIU needs to develop and implement a slug discharge control plan. A slug discharge is any Central Contra Costa Sanitary District PCI Summary Report discharge of a nonroutine, episodic nature, including an accidental spill or noncustomary batch discharge [40 CFR 403.8(f)(2xvi)). The regulations also require an SIU to notify the POTW immediately of any changes at the SIU's facility that affect the potential for a slug discharge. The District's procedures for requiring slug discharge control plans were found to be compliant with the minimum federal requirements. The District requires all S[Us to develop slug discharge control plans and update them every 2 years. 9. Enforcement The regulations at 40 CFR 403.8(f)(5) require the District to develop and implement an ERP. This plan must contain detailed procedures indicating how the District will investigate and respond to instances of industrial user noncompliance. In 2008 the District placed Diablo Valley College and St Mary's College in significant noncompliance (SNC) for mercury violations from discharges from the schools' chemistry laboratories. The SNC notice was scheduled to be published in the Contra Costa Times in February 2009. Fifty -eight percent of the SIUs were in compliance with all pretreatment standards and reporting requirements in 2008. 9.1 Enforcement Response Plan . The District's ERP does not include a definition of SNC, which has been revised under the streamlining regulations. The inspectors recommend that the District revise the ERP to include a definition of SNC that meets the minimum criteria listed in 40 CFR 403.8(0(2)(vii). As noted in Section 8.4, the District issued a verbal warning to Varian Associates for failing to conduct adequate monitoring and analysis since 2005; however, verbal warnings are not authorized in the District's ERP. The District is required to either discontinue the use of verbal warnings or update the ERP to authorize the use of verbal warnings and define their applicability. 9.2 Significant Noncompliance Determination During the interview, the Environmental Compliance Superintendent indicated that the District was allowing resamples to be conducted in the subsequent quarter (or year) to count in the calculation of SNC in the quarter with the original violation. For example, if a violation occurred in December 2008 and the resample occurred in January 2009, the District was including the January resample in the calculation of SNC for the fourth quarter of 2008 and for the annual SNC assessment for 2008. This is incorrect in two ways —the District is required to calculate SNC at the end of each fixed quarter of a pretreatment year using data from the previous 6 months, and the District is required to summarize the compliance status at the end of the pretreatment year (the District uses a calendar year) using the previous 15 months of data and report such compliance status. Per the preamble to the Streamlining the General Pretreatment Regulations for Existing and New Sources of Pollution Final Rules and Regulations [published in the Federal Register: October 14, 2005 (Volume 70, Number 198)) (Final Streamlining Rule Preamble), the U.S. Environmental Protection Agency (EPA) memoranda of 1991 and 1992 form the basis of EPA's policy that SNC for industrial users should be calculated on a rolling quarter basis. For details, sec the September 9, 1991, memorandum from Michael B. Cook, Director of EPA's Office of Wastewater Enforcement and Compliance to Water Management Division Directors, Regions 1 -10 and approved Pretreatment State coordinators, Application and Use of the Regulatory Definition of Significant Noncompliance for Industrial Users (htip7,1/w%vw.epa.gov/iivdes/ptibs/application use regulatory pdD, and the January 17, 1992, Central Contra Costa Sanitary District PCI Summary Report memorandum from Mark B. Charles, Chief of RCRA and Pretreatment Enforcement Section, to the Regional Pretreatment Coordinators, Regions 1 -10, Determining Industrial User Significant Noncompliance —One Page Summary (htty�H%vww em cov /npdes /pubs /industrial user ndf). The term rolling quarters, under EPA's national policy, refers to an approach that requires the control authority to evaluate an industrial user's compliance status at the end of each quarter by using data from the previous 6 -month period. The 1991 memo states that these quarters are to be a fixed length and be based on the pretreatment year established by the POTW as the period of reporting for the annual report. Pretreatment year is defined in the Proposed Streamlining Rule Preamble [published in the Federal Register: July 22, 1999 (Volume 64, Number 140)] (Proposed Streamlining Rule Preamble). Put simply, when determining SNC for a specific quarter and pretreatment year, the POTW is allowed to look back only, not forward, for data to use in the calculation. On the basis of the notice of publication for 2008, the District uses a calendar year as the pretreatment year with the fixed quarters of January– March, April –June, July– September, and October– December. Therefore, the District is required to determine SNC at the end of each quarter, using only the previous 6 months' data. In addition, the District is required to use data from the appropriate 15 months (e.g., data from October 2007 through December of 2008) to determine the facilities in SNC for the pretreatment year. 10. Summary of Requirements and Recommendations Listed below are the primary requirements and recommendations resulting from the inspection of the District's pretreatment program. For more specific information pertaining to each comment, see the cited sections of the report. 10.1 Requirements 1. The file review and PCI interview revealed that sampling and analysis issues had been occurring at Varian Associates since 2005; however, District personnel had not noticed them until April 2008 when a new inspector took over the facility. The District is required to ensure that all reports submitted by the SIUs comply with 40 CFR 403.12. (Section 8.4, Requesting, Receiving, and Analyzing Reports) 2. The District issued a verbal warning to Varian Associates for failing to conduct adequate monitoring and analysis since 2005; however, verbal warnings are not authorized in the District's ERP. The District is required to either discontinue the use of verbal warnings or update its ERP to authorize the use of verbal warnings and define their applicability. (Section 9. 1, Enforcement Response Plan) 3. The District is using inappropriate data to calculate SNC. The District is required to determine SNC at the end of established, fixed quarters, using only the previous 6 months' data. In addition, the District is required to use data from the appropriate 15 months to determine the facilities in SNC for the pretreatment year. (Section 9.2, Significant Noncompliance Determination) 10.2 Recommendations I . The Varian Associates, permit does not contain the categorical discharge limits that would apply if the facility were to begin discharging categorical wastestreams. The inspection team recommends that that District include all applicable limits in any regulated facility permit, even if the facility is not discharging the regulated wastestream. (Section 6, Control Mechanisms) Central Contra Costa Sanitary District PCI Summary Report 2. The District's ERP does not include a definition of SNC, which has been revised under the streamlining regulations. The inspectors recommend that the District revise the ERP to include a definition of SNC that meets the minimum criteria listed in 40 CFR 403.8(f)(2)(vii). (Section 9.1 Enforcement Response Plan) Central Contra Costa Sanitary District ATTACHMENT ICIS WENDB DATA ENTRY WORKSHEET PRETREATMENT COMPLIANCE INSPECTIONSIAUDITS ► TYPE OF COMPLIANCE MONITORING: PCI ► NAME OF PRETREATMENT PROGRAM: Central Contra Costa Sanitary District ► CONTROLLING AUTHORITY NPDES ID: CA0007648 START DATE OF INSPECTION ............................ 02/25/2009 1 ► END DATE OF INSPECTION ............................ 02/26/2009 LEAD INSPECTOR (Name, Company, Phone, E -mail (if available]): Christy Williams, Tetra Tech, 540- 576 -9970 ACCOMPANYING INSPECTOR(s) (Name, Company, Phone, E-mall (if available]): Chuck Durham, Tetra Tech SIGNIFICANT INDUSTRIAL USERS (SIUs) ChristyWilliams PCI CHECKLIST REFERENCE PCA CHECKLIST REFERENCE DATA P. SIUs' : 11.B.2.a I.C.4.a 23 ► SIUs Without Control Mechanism: II.C.1.c j I.D.1 and ILA 0 ► SIUs Not Inspected: II.E.2.c I I.F.2.c 0 ► SIUs Not Sampled: II.E.2.b I.F.2.b i 0 ► SIUs in SNC with Pretreatment Standards" : II.F.3.a I.F.3.a 2 ► SIUs in SNC with Reporting Requirements: I II.F.3.a I.F.3.a 0 Slue in SNC with Pretreatment Schedule: ' I.F.3.a 0 SIUs in SNC Published in Newspaper: I.G.4; 11.0.7 2 Criminal Suits Filed Against SIUs: II.F.1 ( j 0 CATEGORICAL INDUSTRIAL USERS (CIUs) I. CIUs: I.C.4.a 2 OTHER INFORNIAT10N Pass- Throughllnlerference Indicator (none. Yes. or No) i I.G.6 None DEFICIENCIES tj 4 Control Mechanism Deficiencies (No or Yes) I.D.1;II.A.4 No Inadequacy of Sampling and Inspections (No or Yes) ILC and j I Site Visit Sheets ; No Adequacy of Pretreatment Resources (Yes or No) LI NO FOOTNOTES: ► denotes required information The number of SIUs entered into PCS is based on the CA's definition of "Significant Industrial User." AS DEFINED IN EPA's 1986 Pretreatment Compliance Monitoring and Enforcement Guidance. DATA ENTRY WORKSHEET COMPLETED BY: ChristyWilliams DATE: 05/27I2009 TITLE: Environmental Planner TELEPHONE NO.: 5540 -576 -9970 Form Version 12/19/2008 Page 1 of 1 ATTACHMENT B RNC DATA ENTRY WORKSHEET RNC DATA ENTRY WORKSHEET INSTRUCTIONS: Enter the data provided by the specific checklist questions that are referenced. CA name Central Contra Costa Sanitary District NPDES number CA0007648 Date of inspection February 25 — 26, 2009 Date entered into PCS NA Failure to enforce against pass through and/or interference NA Failure to submit required reports within 30 days NA Failure to meet compliance schedule milestone date within 90 days NA Failure to issue /reissue control mechanisms to 90% of SIUs within 6 months NA Failure to inspect or sample 80% of SIUs within the last 12 months Y Failure to enforce pretreatment standards and reporting requirements Other (specify) Level Checklist Reference I II.F.6.b &9 I Att. A.A.3 I Att. A.A.4 II II.C.1.b &2 11 II.E.2 11 II.F.2 II SNC N CA in SNC for violation of any Level I criterion N CA in SNC for violation of two or more Level II criterion For more information on RNC, please refer to EPA's 1990 Guidance for Reporting and Evaluating POTW Noncompliance with Pretreatment Implementation Requirements RNC WORKSHEET COMPLETED BY: Christy Williams DATE: 05/27/09 TITLE: Environmental Planner TELEPHONE: 5540 -576 -9970 ATTACHMENT C SITE VISIT DATA SHEET INSTRUCTIONS: Record observations made during the IU site visit. Provide as much detail as possible. Name of industry: S stron Donner Automotive Division Address of industry: 2700 S stron Drive, Concord, CA 94518 -1399 Date of visit: 2/26/09 Time of visit: 8:30 am Name of inspectors: Chuck Durham, Tetra Tech, Inc. Ernesto Rodriguez, Central Contra Costa Sanitary District Provide the names and titles of industry representative(s) Name Title David Polvi Environmental Compliance Manager IU Permit Number: Not Applicable (N /A) Exp. Date: 8/31/10 IU Classification: CIU subject to 40 CFR 433.17 Inspection Type /Purpose Y Scheduled Unscheduled PCA PCI New Company Compliant Please provide the following documentation: 1. Nature of operation: The facility has two divisions — the Inertial Division which produces quartz tuning forks (sensors) for gyroscopes in airplanes and the Automotive Division which produces sensors for stabilization systems in automobiles. 2. Number of 462 Number of 3 Hours of operation: 24 hours aday / 5 employee s: shifts: da s a week 3. Water source: Contra Costa Water District 4. Wastestream flow(s) discharged to the POTW: Rinse water from quartz slicing, etching process and plating process. Sanitary: Not Determined Process: 16,000- 17,000 (gpd) Combined: (ND) ND 5. Describe any significant changes in process or flow: The facility anticipates a 12 -15 month shutdown beginning in March -April of 2010 for automotive productions lines. Military production lines will remain in operation during that time. 6. Type of pretreatment system (Describe): All wastestreams in the facility are piped into collection system. Waste is batch treated (300 - gallons per batch). Treatment consists of sodium hydroxide addition to raise pH in Stage 1. The waste pump line has a 2 n pH meter that checks to see if reading is consistent with 1" pH monitoring point. If not, the waste is automatically diverted into holding tank and pumped to initial treatment tank. If reading is consistent, waste is discharged to sewer. Facility discharges approximately 16, 000 - 17,000 d via multi le batch discharges Continuous flow I X Batch Combined 7. Condition /o eration of pretreatment system: X I Good Fair I I Poor SITE VISIT DATA SHEET (Continued) 8. Process area description (identify raw materials and processes used): The wafers are laser scribed (placing an ID # on each part) and checked for thickness. They then are pre - cleaned using sulfuric acid and pre- etched using sulfuric acid and hydrogen peroxide. The wafers then go into an evaporator for 1.5 hours. The evaporation process includes dropping pressure while the temperature is raised. Then chrome and gold strikes are initiated, each takes approximately 40 minutes. From the evaporator, the wafers go to the photolithography process. This process involves having a positive or negative film applied, then placing the part between two patterns to determine chemical application. The part is then exposed to ultra - violet light to apply the pattern to the part. The parts are then dried and moved to the nugget room where they are 'die- mounted' so that an epoxy and forks can be applied to the base (cube). Gold wire is attached to contact points, then the forks go through laser balancing to insure perfect balance via laser trimming. Finally, a cap is welded onto the base to cover the fork (this process occurs inside a helium vacuum tank to insure no moisture gets into the part). 9. Condition/operation of process area: X I Good Fair Poor General housekeeping: X Good Fair Poor. 10. Chemical storage area (identify the chemicals that are maintained on site and how they are stored): �hemicals are stored in self- contained buildings (5 -bays, each individually locked and self- contained) outside of the main building. Chemicals include gold etch, chrome etch, sulfuric acid hydrogen peroxide, Developer Microstrip, and ammonium fluoride. Sodium hydroxide is stored in 300 - gallon totes; Microstrip comes in 5- gallon bottles; all other chemicals are shipped in 1- gallon bottles. The bottles are moved, as needed, into hallway for installation into chemical distribution system. Any floor drains? No Any spill control measures? Yes General housekeeping: I X I Good Fair Poor 11. Are hazardous waste drummed and labeled? Yes 12. Does the IU have hazardous waste manifests? Yes Any problems associated with hazardous waste: None. Facility has a hazardous waste pick up every week by General Environmental Management 13. Solid waste production: scrap metals, paper, plastics, cardboard Solid waste disposal method(s): All solid waste is hauled off -site. Scrap metal is picked up by J & B and hauled to Santa Cruz for recyclinq. 2 -3 barrels per month are disposed of in this manner. Fnterprises ast pick -up was on 2/24/09 (see attached manifest). 14. Description of sample location: Monitoring pit (covered) on northwest corner of premises. Sampling method/technique: 24 -hour flow-proportional com osite 15. Evaluation of self-monitoring data: I LYes X I No N/A If yes, was self- monitoring adequate: (N /A) 16. Who performs the self- monitoring analysis? Not determined. Notes: SITE VISIT DATA SHEET INSTRUCTIONS: Record observations made during the IU site visit. Provide as much detail as possible. Name of industry: Varian Associates Address of industry: 2700 Mitchell Drive, Walnut Creek, CA 94598 Date of visit: 02/26/09 Time of visit: 9:30 AM Name of inspectors: Jeremy Talarico, Central Contra Costa Sanitary District Christy Williams, Tetra Tech, Inc. Provide the names and titles of industry representative(s) Name Title Dan Peixoto Environmental, Health & Safety Coordinator IU Permit Number: None Exp. Date: 10/31/09 IU Classification: Noncategorical SIU; 40 CFR 433 process is zero-discharge Inspection Type /Purpose X Scheduled Unscheduled PCA X PCI New Company Complaint Please provide the following_ documentation: 1. Nature of operation: . The facility manufactures, assembles and tests Arcon auto - samplers, gas chromatographs/ mass spectrometers (GCMS), and nuclear ma netic resonance (NMR) machines. 2. Number of em to ees: =50 Number of shifts: 2 Hours of operation: 7:30 AM — 10:30 PM, M - F 3. Water source: Not determined. 4. Wastestream flow(s) discharged to the POTW: The facility discharges process flows from machine processes, laboratory research and development activities, and instrument testing. The facilit has an electro latin process line which is zero discharge. Sanitary: d Process: d Combined: d 5. Describe any significant changes in processor flow: The facility ceased discharging categorical process water in July 2008. The process water is now collected and disposed of as hazardous waste. 6. Type of pretreatment system (Describe): The facility does not treat the process water prior to discharge. =Continuous flow I Batch Combined 7. Condition/operation of pretreatment system: I I Good I I Poor SITE VISIT DATA SHEET (Continued) 8. Process area description (identify raw materials and processes used): NMR Processes: The facility produces a probe insert by plating copper with palladium (40 CFR 433). The copper is etched with a phosphoric acid prior to being rinsed and plated. The inserts are very small and the plating process is performed on a bench -scale only. The rinse water is contained under a fume hood, then stored in a barrel in the laboratory until it is disposed of. The containers have secondary containment and are properly labeled. No floor drains or sinks are in the laboratory. The remaining processes used to manufacture the NMR machines are dry. The probe inserts are cleaned and put into the probes. The probes are then cleaned with bleach and enzyme soap using swabs. No drains or sinks are located in this area. The probes are tested with salt water blanks and tested at the NMR "magnet farm" on -site. The consoles to run the NMR magnets are also assembled on -site using only dry processes. GCMS Processes: No categorical processes are used in the production of the GCMS machines. Prior to assembly, the metal parts received from other locations are cleaned in an ultrasonic bath. The parts are cleaned in a solution of methanol, iso- propyl alcohol or soap. The parts are placed in metal trays or buckets which then sit in a bath of water in the ultrasonic cleaners. The bath water is non - contact and is emptied into the sink located in the room every few weeks. The cleaning solutions are disposed of as hazardous waste. The facility recently installed a dishwasher to test and see if the parts could be cleaned automatically. Prior to discharging the facility sampled the discharge and the results met all local limits. The cleaned parts are then baked in an oven to remove any residue prior to assembly. All assembly is done with screws. No soldering is done. The GCMS machines are testing for quality control before leaving the facility. The samples are evaporated in the process; therefore, there is no discharge. Arcon Auto - Sampler Processes: The auto - samplers are assembled on -site. The quality assurance testing process produces a small amount of discharge; however, this process water is disposed of as hazardous waste. 9. Condition/operation of process area: X Good Fair Poor General housekeeping: X Good Fair Poor 10. Chemical storage area (identify the chemicals that are maintained on site and how they are stored): The chemicals used in the plating process as well as the cleaning process are stored in the laboratories in small containers. No bulk storage occurs at the facility. Any floor drains? No. Any spill control measures? Yes. General housekeeping. X I Good Fair Poor 11. Are hazardous waste drummed and labeled? Yes. 12. Does the IU have hazardous waste manifests? Yes. Any problems associated with hazardous waste: None noted during the site visit. Clean Harbors disposes of all liquid waste as well as contaminated swabs. 13. Solid waste production: Metals, glass and cardboard is recycled. Solid waste disposal method(s): See above. SITE VISIT DATA SHEET (Continued) 14. Description of sample location: Manholes located outside of the buildings. Sampling method /technique: Prior to April 2008, the facility had not been sampling for all required local limit parameters or using the correct analytical methods for metals. The facility was notified of this error through a verbal warning on April 22, 2008. Samples have been collected and analyzed correctly since that time. 15. Evaluation of self-monitoring data: X Yes No N/A If yes, was self- monitoring adequate: 16. Who performs the self- monitoring analysis? Jonas and Associates; CERC Analytical Notes: M FILE ), Central Contra Costa Sanitary District July 28, 2009 Lila Tang, Chief NPDES Wastewater Division San Francisco Bay Regional Water Quality Control Board 1515 Clay Street, Suite 1400 Oakland, CA 94612 Dear Ms. Tang: RESPONSE TO PRETREATMENT COMPLIANCE INSPECTION FINDINGS FAX: (925) 372-7635 JAMES M. KELLY Ganeel Manager KENTON L. ALM Counsel for the Distnd (510) 808-2000 ELAINE R. SOEHME secretary 01 the Dlatrkt The Central Contra Costa Sanitary District (District) received your letter dated June 23, 2009 transmitting the report of the Pretreatment Compliance Inspection (PCI) completed by Tetra Tech on February 25 -26, 2009. The report identifies three Requirements and two Recommendations in the findings from this PCI. The findings are presented below verbatim from the PCI report with acronyms spelled out in parentheses. The District's response follows each finding for ease of reference. Requirements 1. "The file review and PCI interview revealed that sampling and analysis issues had been occurring at Varian Associates since 2005; however, District personnel had not noticed them until April 2008 when a new inspector took over the facility. This District is required to ensure that all reports submitted by the SIUs (Significant Industrial Users) comply with 40 CFR 403.12. (Section 8.4, Requesting, Receiving and Analyzing Reports)." The District acknowledges that there was an oversight of the Varian Associates (Varian) compliance sampling program where this SIU used solid waste analytical methods instead of wastewater methods, and that cadmium and nickel were omitted from the analyses performed. The self- monitoring analytical results of Industrial Users (IUs) are submitted to the District using the Periodic Compliance Reports (PCRs) as required in the IU Permit issued to the facility, The District developed a resource, a PCR checklist, designed to avoid the type of oversight that occurred with the Varian compliance sampling program. The PCR checklist facilitates the inspectors' review of the PCR to ensure they are complete and to record the details of the review. Unfortunately, the inspector previously assigned did not complete the PCR checklist for the Varian PCRs so the oversight continued for several years until the facility was reassigned to a new inspector who observed and responded to the situation. The inspector responsible for the oversight was counseled on his actions for not using the PCR checklist and not observing the issues associated with the Varian compliance sampling program. This inspector does use the PCR checklist as indicated by the PCI file review of Systron- Donner that he is currently assigned. All Source Control staff were reminded of the importance of using the PCR checklist when reviewing PCRs to avoid this type of problem reoccurring, and potentially going undetected for an extended time. ® Neci Ced NAENVRSRV\Source Control \PotteALeners 20MSFBRWOCB Resp to Pretreat Compliance Findings 7- 28- 09.doc San Francisco Bay Regional Water Quality Control Board July 28, 2009 Page 2 2. "The District issued a verbal warning to Varian Associates for failing to conduct adequate monitoring and analysis since 2005; however, verbal warnings are not authorized in the District's ERP (Enforcement Response Plan). The District is required to either discontinue the use of verbal warnings or update its ERP to authorize the use of verbal warnings and define their applicability. (Section 9.1, Enforcement Response Plan)." The District's ERP does authorize the use of verbal warnings; verbal warnings are included in the ERP definitions (page 3) and are included in the list of ministerial actions available to District Source Control staff to enforce the Source Control Ordinance (page 4). The verbal warning issued to Varian was effective in prompting the corrective actions necessary for the compliance sampling issues to be addressed by their next scheduled sampling event. The ERP text does not clarify the situations when verbal warnings will be used instead of the other enforcement options available. The ERP text will be updated to include criteria that will clarify when verbal warnings are to be used as an effective component of the District's ERP. 3. "The District is using inappropriate data to calculate SNC (Significant Non - Compliance). The District is required to determine SNC at the end of established, fixed quarters, using only the previous 6 months' data. In addition, the District is required to use data from the appropriate 15 months to determine the facilities in SNC for the pretreatment year. (Section 9.2, Significant Noncompliance Determination)." The District does determine SNC status of its regulated IUs at the end of established, fixed quarters using the established U.S. EPA policy of rolling quarters. During the interview with the Tetra Tech inspection team, we discussed a possible scenario where the District would consider using data submitted by a SIU that might not fit the rolling quarter policy of the U.S. EPA, but would technically meet the regulatory definition of SNC as it relates to Chronic and Technical Review Criteria violations. The scenario discussed involved a situation where a SIU conducted compliance re- sampling in response to a violation that subjects them to the SNC criteria but the compliance re- sampling hypothetically occurred a few days into the following calendar quarter. We informed the Tetra Tech inspection team that this situation had not actually occurred but that we would consider using the compliance sampling results provided that the data was received in advance of the final SNC determination being made and recorded in the Pretreatment reports. After follow -up discussions with the Tetra Tech inspection team and U.S. EPA Region 9 Pretreatment Coordinator, Keith Silva, the District agrees not to use compliance re- sampling data received for sampling dates that occur in a subsequent calendar quarter to the violation date(s) to remain consistent with the established U.S. EPA policy regarding rolling quarters. Recommendations t. "The Varian Associates permit does not contain the categorical discharge limits that would apply if the facility were to begin discharging categorical wastestreams. The inspection team recommends that the District include all applicable limits in any regulated facility permit, even if the facility is not discharging the regulated wastestream. (Section 6, Control Mechanism)." As stated to the Tetra Tech inspection team during this PC[ and previous PCAs and PCIs, the District does not consider it appropriate to include the federal categorical standards in permits where the process activity that would be subject to federal categorical standards is N: fENVRSRV\Source ControlTottertLetters 20091SF8RWQC8 Reso to Pretreat Comoliance Findinas 7- 2e- 09.doc San Francisco Bay Regional Water Quality Control Board July 28, 2009 Page 3 actually zero discharge to the sanitary sewer. The District works closely with the permitted [Us to understand the permit conditions and in particular, the significance of the zero discharge for potentially categorically regulated wastestreams. A decision by an IU to begin discharging wastewater that is subject to zero discharge standards is significant and would result in reclassification and major permit modifications, including providing the applicable federal categorical standards. Federal regulations and guidelines do not classify zero dischargers as Categorical IUs. The memo issued by U.S. EPA on this subject identified that the federal categorical standards do not apply to an IU if they do not discharge categorically regulated wastewater. According to the U.S. EPA memo, a control mechanism (e.g. permit) is recommended, but not required, in order to ensure that the Control Authority (e.g. POTW Pretreatment Program) has the ability to verify the zero discharge status of these facilities. The District has operated the zero discharge permit program for IUs with potentially categorically regulated processes since this U.S. EPA guidance was provided. 2. "The District's ERP does not have a definition of SNC, which has been revised under the streamlining regulations. The inspectors recommend that the District revise the ERP to include a definition of SNC that meets the minimum criteria listed in 40 CFR 403.8(f)(2)(vii). (Section 9.1, Enforcement Response Plan)." The District's ERP does not include a definition of SNC. The District's sewer use ordinance (SUO) does include a definition of SNC and the SNC criteria have been updated to reflect the pretreatment streamlining regulations. The SUO provisions are an integral part of the District's ERP. During the ERP update project identified above, the District will include a definition of SNC that will reference the applicable sections of the District's SUO. Please let me know if you have any questions about the information presented in response to your letter and the PCI Report. I look forward to working with you and the staff from the RWQCB, U.S. EPA, and contractors to make changes to the District's Pretreatment Program to ensure that protection of water quality is achieved. Please contact me at 925- 229 -7380 or by email at tpotter @centralsan.org, if you would like to discuss the content of this response. Sincerely, Uxu��) imo Tthy Potter Environmental Compliance Superintendent TP /mvp cc: Michael Chee, SF Bay RWQCB Keith Silva, U.S. EPA Region 9 Jenny Chen, SWRCB Jim Kelly Ann Farrell Kent Alm N: \ENVRSRV\Source ControhPotte6l-etters 200g\SF8RWQCB Resp to Pretreat Compliance Findings 7- 28- 0g.doc Central Contra Costa Sanitary District Board Meeting August 6, 2009 Board Member McGill Item 7.d.1) FUTURE MEETINGS AND CONFERENCES WITH PAID EXPENSES AND /OR STIPEND Will attend the Mayors' Conference in Concord, CA, August 6, 2009 Will attend Contra Costa Council District 10 Candidates Forum, August 7, 2009 Will attend CASA Conference August 12 thru 15, 2009 Will attend the Mayors' Conference September 3, 2009 C MEETINGS AND CONFERENCES THAT EXPENSES AND /OR STIPEND WAS PAID Committee Meetings Capital Projects August 4, 2009 Item 7.d.2 Announcements Attended Contra Costa Council Board Meeting July 17, 2009 Attended Contra Costa Council Water Task Force Meeting July 21, 2009 Will attend: Democratic Party Picnic BBQ August 8, 2009 Contra Costa Council Water Task Force Meeting August 18, 2009 HBANC Eastern Division Board August 25, 2009 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 6, 2009 No.: 8.a. Engineering Type of Action: AUTHORIZE GENERAL MANAGER TO EXECUTE CONTRACT subject: AUTHORIZE THE GENERAL MANAGER TO SIGN THE CONTRACT WITH CONTRA COSTA CLEAN WATER PROGRAM ALLOWING SOURCE CONTROL TO CONTINUE CONDUCTING STORM WATER INSPECTION SERVICES Submitted By: Initiating Dept. /Div.: Tim Potter, Engineering /Environmental Services Environmental Compliance Superintendent REVIEWED AND RECOMMENDED FOR BOARD ACTION: T. Potter a II K. Alm ames Ke eneral Ma ager ISSUE: The current contract with the Contra Costa Clean Water Program (CWP) expired on June 30, 2009. A contract renewal has been drafted to allow continuing the interagency partnership of the District's Source Control Section providing storm water inspection services for 9 of the cities in the District's service area. RECOMMENDATION: Authorize the General Manager to execute the contract with the CWP for the District to conduct storm water inspections in the central county cities. FINANCIAL IMPACTS: The proposed contract provides for full reimbursement of staff incurred cost including overhead charges. The fiscal year 2009 -10 budget for completing these CWP inspection services is $202,095. Two contingently funded Environmental Compliance Inspector positions work in the Source Control Section to support the services provided under this contract. ALTERNATIVES /CONSIDERATIONS: Decline to continue participation in County CWP as currently organized. This alternative is not recommended. Conducting combined inspections under this contract increases the efficiency of both programs. Failure to participate in this program will result in loss of these efficiencies with increased costs per inspection for both the District's current Source Control inspections and the cities' storm water program. It would also result in more inspections of businesses as each program would conduct a separate inspection. BACKGROUND: The District's Source Control Section has successfully completed storm water inspections since 1997. Conducting storm water inspections is required under the Clean Water Act and the storm water National Pollutant Discharge Elimination System permit issued to Contra Costa County. This requirement extends to many other counties and cities in California and across the country. The inspection services contract benefits the District, the cities, and the CWP with efficiencies by enabling combined pretreatment and storm water inspections. Benefits to the District include: Page 1 of 2 POSITION PAPER Board Meeting Date: August 6, 2009 subject: AUTHORIZE THE GENERAL MANAGER TO SIGN THE CONTRACT WITH CONTRA COSTA CLEAN WATER PROGRAM ALLOWING SOURCE CONTROL TO CONTINUE CONDUCTING STORM WATER INSPECTION SERVICES • Combined pretreatment and storm water inspections enable efficient evaluations of business' wastewater management reducing the cost per inspection for both programs. • Combined inspections improve customer service to the affected businesses since they are only inspected by one agency rather than two. • The SF Bay Regional Water Quality Control Board and the U.S. Environmental Protection Agency have recognized the interagency partnership agreement established by this contract as a model watershed protection strategy. • The Local Agency Formation Commission promotes interagency partnerships to achieve efficiencies in government programs and this cooperative program is consistent with those objectives. The CWP and the participating cities value the services provided by the District under this contract. Delta Diablo Sanitation Services and East Bay Municipal Utilities District intend to continue providing services to the participating east and west county cities. During a prior audit of the CWP by the RWQCB and their contractors, the District's inspection services were identified as "top notch" by RWQCB staff. Systems similar to a consulting business are set up to fully recovery the District's costs. Source Control staff track their time spent on the storm water activities, including administrative functions. To calculate the charges for these services, the billable wages are multiplied by the District's overhead multiplier that covers both benefits and administrative overhead. Two Environmental Compliance Inspector positions are contingent upon maintaining the funding provided under this contract. Using the fiscal year 2009 -10 budget, the revenues under this contract cover 70% of the District's costs (salary plus benefits) for the two contingently funded inspectors and this appropriately reflects the proportionate amount of employee time spend on these contract activities. District Counsel has reviewed the draft contract with County Counsel's office. District Counsel's recommendations have been incorporated to expand the indemnification language and to clarify that formal enforcement actions are the responsibility of the cities participating in this contract. The contract being considered is formatted without an expiration date; however, it requires review by program staff every 2 years. The District and other parties can elect to withdraw at any time upon 180 days notice. RECOMMENDED BOARD ACTION: Authorize the General Manager to execute the contract with the Contra Costa Clean Water Program allowing Source Control Section to continue conducting storm water inspections in 9 of the central county cities. Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 6, 2009 No.: 8.b. Engineering Type of Action: AUTHORIZE GENERAL MANAGER TO EXECUTE AGREEMENT Subject: AUTHORIZE THE GENERAL MANAGER TO SIGN A TRANSITION AGREEMENT WITH CITY OF WALNUT CREEK FOR SOURCE CONTROL TO CONDUCT STORM WATER INSPECTION AND TRANSITION SERVICES FOR 90 DAYS Submitted By: Tim Potter, Environmental Compliance Superintendent REVIEWED AND RECOMMENDED FOR BOARD ACTION: T. Potter ell K. Alm Initiating Dept. /Div.: Engineering /Environmental Services General ISSUE: The City of Walnut Creek notified the District that it will be withdrawing from the service agreement with the Contra Costa Clean Water Program (CWP). This agreement expired on June 30, 2009 and renewal of this agreement is pending. The District needs to be compensated for work that is completed during the transition period while the city assumes responsibility for work conducted by the District since 1997. RECOMMENDATION: Authorize the General Manager to sign a transition agreement with the City of Walnut Creek for the Source Control Section to conduct storm water inspection and transition services for 90 days. FINANCIAL IMPACTS: This agreement with the City of Walnut Creek will provide for indemnification and full reimbursement of the District's costs to provide the services. ALTERNATIVES /CONSIDERATIONS: Do not provide transition support to the City of Walnut Creek or do so without a contract. Neither alternative is recommended. BACKGROUND: The District's Source Control Section has provided storm water inspection services for the City of Walnut Creek and the other central county cities since 1997. The City of Walnut Creek notified the District that it did not intend to renew services under the CWP agreement due to an analysis of the workload of its current staff that demonstrated excess capacity existed and so the City intends to internalize the workload previously conducted by the District under the CWP agreement. The costs for the transition associated with a municipality withdrawing from the CWP agreement are intended to be covered by the budget and billing procedures established in the CWP agreement in effect at the time the withdrawal occurs. Since renewal of the current CWP agreement did not occur prior to the expiration date of July 1, 2009 and the District and the City of Walnut Creek would like to provide for a smooth transition, N: \ENVRSEC \Position Papers \Potter\2009 \PP Interim Agreement with WC 8- 6- 09.130C POSITION PAPER Board Meeting Date: August 6, 2009 subject.. AUTHORIZE THE GENERAL MANAGER TO SIGN A TRANSITION AGREEMENT WITH CITY OF WALNUT CREEK FOR SOURCE CONTROL TO CONDUCT STORM WATER INSPECTION AND TRANSITION SERVICES FOR 90 DAYS while ensuring the District's costs associated with supporting this transition are recovered, the proposed extension agreement will reference the prior CWP agreement that was effective from 7/1/03 through 6/30/09 to establish standards for workload planning, payment, and indemnification. The services to be conducted during the 90 days of this transition agreement include conducting inspections while the City develops its inspectors' skills and capacity, resolving pending enforcement actions, and transferring applicable files /data. The District is available to provide the City of Walnut Creek with the field services and data management required during this transition. RECOMMENDED BOARD ACTION: Authorize the General Manager to sign a transition agreement with the City of Walnut Creek for Source Control to conduct storm water inspection and transition services for 90 days. N1ENVRSEC \Position Papers \Potter\2009 \PP Interim Agreement with WC 8- 6- 09.DOC Agenda Item 9.a GRAYSON CREEK REW EMERGENCY REPAIR UPDATE DP 7278 August 6, 2009 STATUS OF PERMANENT REPAIR • Permits • Construction activities /schedule • Needed Board actions 1 PERMITS • Obtained Encroachment Permits from Flood Control District and Contra Costa County • US Army Corps of Engineers stated that work is out of their jurisdiction — No Permit Required • SF Water Quality Control Board — No official response yet, but they indicated they would not hold up construction • Department of Fish and Game to provide approval for work — Expected week of Aug 17 SCHEDULE AND ACTIVITIES • Anchor locations on bridge deck are marked • X -ray testing to locate rebar scheduled for this week • Pipe is being fabricated • Working on recovering costs above $250,000 from our Property Loss Insurance Policy 2 RECOMMENDATIONS • 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 BASIS FOR RECOMMENDATION • Need to complete repair this construction season to remove temporary pipeline from bridge • REW service and public safety concerns • Must proceed on emergency basis to complete construction this year (October 15 deadline in Flood Control Permit) • Ready to proceed 3 RECOMMENDATIONS • Approve a change order with Manito Construction (Item 9.b) QUESTIONS ?? 0 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS - POSITION PAPER Board Meeting Date: August 6, 2009 No.: 9. b. Emergency Situations Requiring Board= Action Type of Action: AUTHORIZE CONSTRUCTION CHANGE ORDER Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A CONTRACT CHANGE ORDER WITH MANITO CONSTRUCTION, INC. FOR THE EMERGENCY REPAIR OF THE RECYCLED WATER LINE, THE GRAYSON CREEK REW EMERGENCY REPAIR PROJECT, DP 7278 Submitted By: Initiating Dept. /Div.: Gary Rathunde, Assistant Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: ISSUE: Authorization by the Board of Directors is required for the General Manager to execute a construction contract change order in an amount greater than $50,000. RECOMMENDATION: Authorize the General Manager to execute a change order in the amount of $206,500. FINANCIAL IMPACTS: The total cost impact of the change order is $206,500. ALTERNATIVES /CONSIDERATIONS: Do not authorize the change order, which is not recommended. BACKGROUND: On May 21, 2009, the Board declared the failure of the recycled water pipeline over Grayson Creek an emergency and authorized the General Manager to continue the repairs on the pipeline pursuant to Public Contract Code 22050(b). A temporary 24 -inch HDPE bypass pipeline was installed along the shoulder of the bridge to put the recycled water system back into service. The Engineering Department, with assistance from Complete Project Solutions, Inc., prepared a scope of work, design drawings, and specifications for the pipeline repair work. These documents and a request for proposal letter were sent to four current contractors. On June 22, 2009, three proposals ranging from $204,218 to $298,422 were received. Staff reviewed the proposals and notified the Board on July 2, 2009, that the construction work would be awarded to Manito Construction, Inc. ( Manito), the second lowest bidder. Manito's proposed construction method is to access the under side of the bridge deck utilizing equipment stationed on the bridge surface, thereby eliminating the need to have construction equipment in the creek channel. This construction M \PESUP \Position Papers \Rathunde \7278 CO.doc Page 1 of 2 +Ke M. . Rathunde B T. ecki A.A. F K. Alm, District Counsel J mes eneral M ISSUE: Authorization by the Board of Directors is required for the General Manager to execute a construction contract change order in an amount greater than $50,000. RECOMMENDATION: Authorize the General Manager to execute a change order in the amount of $206,500. FINANCIAL IMPACTS: The total cost impact of the change order is $206,500. ALTERNATIVES /CONSIDERATIONS: Do not authorize the change order, which is not recommended. BACKGROUND: On May 21, 2009, the Board declared the failure of the recycled water pipeline over Grayson Creek an emergency and authorized the General Manager to continue the repairs on the pipeline pursuant to Public Contract Code 22050(b). A temporary 24 -inch HDPE bypass pipeline was installed along the shoulder of the bridge to put the recycled water system back into service. The Engineering Department, with assistance from Complete Project Solutions, Inc., prepared a scope of work, design drawings, and specifications for the pipeline repair work. These documents and a request for proposal letter were sent to four current contractors. On June 22, 2009, three proposals ranging from $204,218 to $298,422 were received. Staff reviewed the proposals and notified the Board on July 2, 2009, that the construction work would be awarded to Manito Construction, Inc. ( Manito), the second lowest bidder. Manito's proposed construction method is to access the under side of the bridge deck utilizing equipment stationed on the bridge surface, thereby eliminating the need to have construction equipment in the creek channel. This construction M \PESUP \Position Papers \Rathunde \7278 CO.doc Page 1 of 2 POSITION PAPER Board Meeting Date: August 6, 2009 Subject. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A CONTRACT CHANGE ORDER WITH MANITO CONSTRUCTION, INC. FOR THE EMERGENCY REPAIR OF THE RECYCLED WATER LINE, THE GRAYSON CREEK REW EMERGENCY REPAIR PROJECT, DP 7278 approach should be favorably reviewed by permitting agencies, so construction can be completed by the October 1, 2009, and before the start of the wet weather season. The Board awarded Manito Construction, Inc. the Solids Handling Improvements Project, DP 7260, on May 21, 2009. A change order in the amount of $206,500 will be issued to Manito Construction, Inc. for the emergency repair of the recycled water line. As a Board - declared emergency action, this project is statutorily exempt from the California Environmental Quality Act (CEQA) under CEQA Statute Section 21080(b)(2), since it involves emergency repairs to a public service facility necessary to maintain service. RECOMMENDED BOARD ACTION: Authorize the General Manager to execute a change order in the amount of $206,500 with Manito Construction, Inc. N:\PESUP \Position Papers \Rathunde \7278 CO.doc Page 2 of 2