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HomeMy WebLinkAbout09/17/2009 AGENDA BACKUPPollution Prevention (P2) Week ■ 3rd Full Week in September • 1St P2 Week held in California in 1992 • Recognized nationally since 1995 • Goal is to increase P2 awareness M, 1 P2 Week Activities ■ Bay Area Pollution Prevention Group (BAPPG) produced 1,000 P2 Week Posters 2 i- BAYWISE. + RG iwrp m�yw���uminao �m.u�. �rever me. �'r� +enu w.cw,x,. �.�eaa.•,m. e.. ... w.rw i.... u. c.0 m�r� •v.n �nnlm MY IF P2 Week Activities ■ Bay Area Pollution Prevention Group (BAPPG) produced 1,000 P2 Week Posters ■ BAPPG No Drugs Down the Drain Campaign • Bay Area only (not statewide like last year) • Over 40 collection sites will be advertised ■ Including our 3 existing collection sites ■ MVSD will be advertising their annual 1 -680 billboard in support of the above campaign 3 1 r iwrp m�yw���uminao �m.u�. �rever me. �'r� +enu w.cw,x,. �.�eaa.•,m. e.. ... w.rw i.... u. c.0 m�r� •v.n �nnlm MY IF P2 Week Activities ■ Bay Area Pollution Prevention Group (BAPPG) produced 1,000 P2 Week Posters ■ BAPPG No Drugs Down the Drain Campaign • Bay Area only (not statewide like last year) • Over 40 collection sites will be advertised ■ Including our 3 existing collection sites ■ MVSD will be advertising their annual 1 -680 billboard in support of the above campaign 3 P2 Week Activities ■ Bay Area Pollution Prevention Group (BAPPG) produced 1,000 P2 Week Posters ■ BAPPG No Drugs Down the Drain Campaign • Bay Area only (not statewide like last year) • Over 40 collection sites will be advertised ■ Including our 3 existing collection sites ■ MVSD will be advertising their annual 1 -680 billboard in support of the above campaign ■ 18th Annual P2 Awards to acknowledge businesses that go beyond compliance n 1 tC 25th Annual Coastal Cleanup Day ■ Third Saturday in September ■ Our Craig Mizutani will be leading a team of young engineers in the CWEA's San Francisco Bay Section Young Member Forum ■ Craig's team will be working somewhere along the Martinez shoreline ply. In Conclusion Recommend adoption of Resolution 2009 -068 declaring September 21 -27, 2009 Pollution Prevention Week in the Central Contra Costa Sanitary District 5 RESOLUTION NO. 2009 — CENTRAL CONTRA COSTA SANITARY DISTRICT RESOLUTION ENCOURAGING AND PROMOTING POLLUTION PREVENTION WHEREAS, it is the mission of the Central Contra Costa Sanitary District to protect public health and the environment; and WHEREAS, the presence of hazardous substances in homes and businesses in the Central Contra Costa Sanitary District service area creates a potential threat to public health and the environment; and WHEREAS, hazardous substances improperly discharged to sanitary sewers or storm drains could enter the environment; and WHEREAS, the United States Environmental Protection Agency and the San Francisco Bay Regional Water Quality Control Board support reducing hazardous discharges at the source through more efficient use, conservation, product substitution, recycling, reuse, and waste reduction, which is termed pollution prevention; and WHEREAS, the Central Contra Costa Sanitary District is partnering with the Mt. View Sanitary District and the cities of Concord, Clayton and San Ramon to accept household and commercially - generated hazardous waste, and the adoption of pollution prevention measures will reduce the amount and cost of handling and disposing of this waste; and , WHEREAS, pollution prevention techniques will reduce the amount of hazardous substances being discharged to sanitary sewers and storm drains; and WHEREAS, the Central Contra Costa.Sanitary District is partnering with other agencies in the county to implement a Green Business Recognition Program; and WHEREAS, the Central Contra Costa Sanitary District is partnering with the Contra Costa Clean Water Program to inspect businesses to reduce pollution in storm drains; and WHEREAS, the Central Contra Costa Sanitary District has specific programs for educating dischargers about the positive effects pollution prevention practices can have on the environment and how critical proper use, storage and disposal of hazardous substances in the household and work place are to protecting the environment; and WHEREAS, the Central Contra Costa Sanitary District is promoting awareness of the impact certain pollutants are having on the Bay by sponsoring a mercury awareness program and various integrated pest management programs; and WHEREAS, the Central Contra Costa Sanitary District offers educational programs for students from kindergarten through high school in the areas of water quality, pollution prevention and wastewater treatment processes; and WHEREAS, the Central Contra Costa Sanitary District promotes businesses that implement pollution prevention processes and organizations that provide pollution prevention education through its Annual Pollution Prevention Awards Program; and WHEREAS, September 21 through September 27, 2009 is recognized nationally as Pollution Prevention Week. WHEREAS, the Central Contra Costa Sanitary District will be participating in the Bay Area Pollution Prevention Group's Regional No Drugs Down the Drain Campaign during Pollution Prevention Week and advertising its three permanent pharmaceutical collection sites — Contra Costa Regional Medical Center Sheriffs Substation, Contra Costa County Sheriffs Field Operations Building and Walnut Creek City Hall. NOW, THEREFORE, BE IT RESOLVED that it is the policy of the Central Contra Costa Sanitary District to encourage and promote pollution prevention practices, technologies and education which will reduce the amount of hazardous substances being discharged to sanitary sewers and storm drains; and BE IT FURTHER RESOLVED that the Board of Directors declares that September 21 through September 27, 2009 be recognized within the Central Contra Costa Sanitary District as Pollution Prevention Week. PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of Directors this 17th day of September 2009, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme Secretary, Central Contra Costa Sanitary District County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Alm, District Counsel Central Contra Costa Sanitary District 1A a 1) BOARD OF DIRECTORS M POSITION PAPER Board Meeting Date: September 17, 2009 No.: 4.c.:, Consent Calendar Type of Action: SET DATE FOR PUBLIC HEARING subject: ESTABLISH OCTOBER 15, 2009 AS THE DATE FOR A PUBLIC HEARING TO RECEIVE COMMENTS ON PROPOSED REIMBURSEMENT FEES FOR THE PROPERTIES WHICH COULD DIRECTLY OR INDIRECTLY CONNECT TO DISTRICT PROJECT 5919 (ALHAMBRA VALLEY TRUNK SEWER AVAD 2007 -1); AND DIRECTLY CONNECT TO JOB 6412 (MONTEIRA AVAD 2007 -4); 6439 (RELIEZ VALLEY AVAD 2007 -3); 6441 (QUAIL AVAD 2007 -6); AND 6442 (GORDON /MILLTHWAIT AVAD 2007 -2) IN ALHAMBRA VALLEY Submitted By: Initiating Dept. /Div.: Russell Leavitt, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: pjkv awl R. Leavitt A. Farrell Kelly, I anage ISSUE: When a reimbursement fee is proposed for properties that could connect to a Special Facility or a Standard Facility installed by the District or private individuals, the District Code requires a public hearing be held prior to the Board of Directors' adoption of the fee. RECOMMENDATION: Establish the Board's regularly scheduled meeting on October 15, 2009 as the date for a public hearing to receive comments on proposed reimbursement fees for properties which could connect or be tributary to the Special Facilities identified as District Project 5919 (Alhambra Valley Trunk Sewer AVAD 2007 -1); and connect to the Standard Facilities identified as Job 6412 (Monteira AVAD 2007 -4); Job 6439 (Reliez Valley AVAD 2007 -3); Job 6441 (Quail AVAD 2007 -6); and Job 6442 (Gordon /Millthwait AVAD 2007 -2). FINANCIAL IMPACTS: None related to this action. If the recommended fees are established by the Board following the public hearing, the District will recover its investment in the AVAD facilities over time as connections occur. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: The design and construction of Special Facilities for District Project 5919 (Alhambra Valley Trunk Sewer) were paid for by the District. The design and construction of Standard Facilities for Jobs 6412, 6439, 6441 and 6442 were financed by the District under the Alhambra Valley Assessment District (AVAD) Program. The District will be repaid in two different ways. The individuals who chose to participate in the AVADs will repay the District through assessments. Those individuals who are not participating in the AVADs will repay the District through the Sewer Reimbursement Fee N: \ENVRSEC \Position Papers \Leavitt\2009 \PP Set Hearing Date AVADs (Final) 9- 17- 09.doc Page 1 of 2 POSITION PAPER Board Meeting Date: September 17, 2009 Subject ESTABLISH OCTOBER 15, 2009 AS THE DATE FOR A PUBLIC HEARING TO RECEIVE COMMENTS ON PROPOSED REIMBURSEMENT FEES FOR THE PROPERTIES WHICH COULD DIRECTLY OR INDIRECTLY CONNECT TO DISTRICT PROJECT 5919 (ALHAMBRA VALLEY TRUNK SEWER AVAD 2007 -1); AND DIRECTLY CONNECT TO JOB 6412 (MONTEIRA AVAD 2007 -4); 6439 (RELIEZ VALLEY AVAD 2007 -3); 6441 (QUAIL AVAD 2007 -6); AND 6442 (GORDON /MILLTHWAIT AVAD 2007 -2) IN ALHAMBRA VALLEY Program when they connect to the public sewer in the future. These sewers have been completed, accepted by the District and contributed by the AVAD participants to the District for public use. Through the AVADs, the District financed local property owners' assessed share of the costs of these facilities. A public hearing was held earlier this year to establish those participant assessments. AVAD participants have chosen to pay off their assessment up front or have begun to finance their assessment on their property tax bill over a period of up to 15 years. Other property owners who have not volunteered to be assessed, and thus have not paid or financed an assessment, are known as AVAD "non- participants." In the future, these non - participants may connect to the contributed public sewers, but when they do so, the District will charge them a reimbursement fee. In such cases, the District Code requires that the reimbursement fee structure "provide for full reimbursement of any and all costs associated with installation of local street sewers" (Section 6.220.400). The reimbursement fee to be established at a public hearing at the October 15, 2009 Board meeting will allow the District to recover the non- participants' shares of the cost of the District - constructed or contributed facilities. The District Code requires that a notice of public hearing be mailed to owners of properties to which the reimbursement fee could be applicable at least ten days in advance of the date set for the hearing. The notice is to include a general' description of the reimbursement fee program, a description of the facility which gives rise to the proposed fee, and the amount of the proposed fee. RECOMMENDED BOARD ACTION: Establish the Board's regularly scheduled meeting on October 15, 2009 as the date for a public hearing to receive comments on proposed reimbursement fees for properties which could connect to the Special Facilities and the Standard Facilities identified above. N:\ENVRSEMPosition Papers \Leavitt\2009 \PP Set Hearing Date AVAN (Final) 9- 17- 09.doc Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 17, 2009 No.: 4.d. Consent Calendar Type of Action: ACCEPT CONTRACT WORK/AUTHORIZE FILING OF THE NOTICE OF COMPLETION Subject: ACCEPT THE CONTRACT WORK FOR THE CONTROL ROOMS MODIFICATIONS, DISTRICT PROJECT 7253, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION Submitted By: Initiating Dept. /Div.: Edgar Lopez, Assistant Engineer Engineering / Capital Projects REVIEWED AND RECOMMEN'D'ED FOR BOARD ACTION: E. Lopez B. Than cki A. Farrell am s . Kelly, ene I Manager ISSUE: Construction has been completed on the Control Rooms Modifications, District Project 7253, and the work is now ready for acceptance. RECOMMENDATION: Accept the contract work for the Control Rooms Modifications, District Project 7253, 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 treatment plant's two control rooms are in the Plant Operations Department Building (POD) and the Solid Conditioning Building (SCB). Both control rooms were constructed in the 1970s and have never received any major architectural updates. The POD control room had worn out flooring, stained ceilings and walls, a noisy indoor air conditioning unit, limited power sources, and a constricted floor plan. Both rooms did not have ergonomic working surfaces and were not designed for the treatment plant's, new updated control systems. This project modified the control rooms for functionality and aesthetics. In the POD control room, the floor plan was revised to improve the working space. Replacement of the ceiling systems, floor tiles, fire suppression system, lighting, and HVAC was also included. Work in the SCB control room included replacement of a computer console. The new workstations included built -in desks and were designed to accept the treatment plant's new control system hardware and wiring. All existing control room equipment and functions were temporarily relocated during construction. N: \PESUP. \Position Papers \Lopez \7253_Accept NOC_9- 17- 09.doc Page 1 of 2 POSITION PAPER Board Meeting Date: September 17, 2009 Subject: ACCEPT THE CONTRACT WORK FOR THE CONTROL ROOMS MODIFICATIONS, DISTRICT PROJECT 7253, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION. On May 1, 2008, the Board of Directors authorized the award of a contract for the construction of the project to Melloni Construction. The Notice to Proceed was issued on June 30, 2008. The work was substantially completed on January 16, 2009. Immediately upon acceptance, the Contractor is relieved of the duty of maintaining and protecting the Contract work. Guaranty and warranty periods required by the Contract and the statutory period for filing of liens and Stop Notices start on the date of acceptance by the Board of Directors. Final payment to the Contractor is made after expiration of the statutory period for filing of liens and Stop Notices, provided no liens or Stop Notices have been filed, and provided the punch -list items have been completed. The total authorized budget for the project is $732,000. 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. All contract work is complete and it is appropriate to accept the contract work at this time. RECOMMENDED BOARD ACTION: Accept the contract work for the Control Rooms Modifications, District Project 7253, and authorize filing of the Notice of Completion. N:\PESUP \Position Papers \Lopez \7253_Accept NOC_9- 17- 09.doc Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 17, 2009 No.: 4.e. Consent Calendar Type of Action: ADOPT RESOLUTION Subject: ADOPT A RESOLUTION ACCEPTING OFFERS OF DEDICATION FROM STEVEN C. WIGHT AND LINDA L. WIGHT FOR EASEMENTS IN THE CITY OF LAFAYETTE, AND AUTHORIZING STAFF TO RECORD THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER (JOB 6438, PARCELS 2 AND 5 *) Submitted By: Initiating Dept. /Div.: Pat Camorongan, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: ^ �A (AX P. Camorongan J. M moto -Mills C. Swanson A. Farrell mes elly, ener 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 offers of dedication for easements in the city of Lafayette, 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 accepts easements by resolution. The recommended resolution will accept easements required for a recent sewer extension off Monticello Road in the city of Lafayette. Staff has reviewed the easement documents and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting offers of dedication from Steven C. Wight and Linda L. Wight for easements in the city of Lafayette, and authorizing staff to record the resolution with the Contra Costa County Recorder. *Easement parcel numbers are for internal job log use only. OO SITE O MONTICELLO RD r �o HPt'I`PSOP1 RD Yp\ RD F DEE 0 24 DIABLO BLVD MS IAA FAME TE VICINITY MAP N.T.S. N: \ENVRSEC \Position Papers \Camorongan \PP 6438 Parcels 2 &5 Wight (Final) 9- 17- 09.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 17, 2009 Type of Action: ADOPT RESOLUTION No.: 4.f. Consent Calendar Subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM DONALD V. GIESEKE FOR AN EASEMENT IN THE CITY OF LAFAYETTE, AND AUTHORIZING STAFF TO RECORD THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER (JOB 6438, PARCEL 6 *) Submitted By: Pat Camorongan, Engineering Assistant III REVIEWED AND RECOMMENDED FOR BOARD ACTION: P. Camorongan J. Mi oto -Mills C. Swanson Initiating Dept. /Div.: Engineering /Environmental Services Ax UA. Farrell AqfnE�S M. telly neral lAnager 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 Lafayette, 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 required for a recent sewer extension off Monticello Road in the city of Lafayette. Staff has reviewed the easement documents and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an offer of dedication from Donald V. Gieseke for an easement in the city of Lafayette, and authorizing staff to record the resolution with the Contra Costa County Recorder. "Easement parcel numbers are for internal job log use only. y�OO SITE O MONTICELLO RD eO �`�� G N4MPSONRD pEE H \L\ RD 0 2a BLVD 00,6LO MS L�A FAME TIE Ili VICINITY MAP N.T.S. NAENVRSEC \Position Papers \Camorongan \PP 6438 Parcel 06 Gieseke (Final) 9- 17- 09.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 17, 2009 No.: 4.g. Consent Calendar Type or Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM BRADDOCK & LOGAN GROUP III, LP FOR AN EASEMENT IN THE TOWN OF DANVILLE SHOWN ON THE MAP OF SUBDIVISION 9014, AND AUTHORIZING STAFF TO RECORD THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER (JOB 6409, PARCEL 1 *) Submitted By: Initiating Dept. /Div.: Pat Camorongan, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACT ON: 10-Y P. Camorongan J. Mi oto -Mills C. Swanson A. Farrell ames Kelly, genera l 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 Subdivision 9014 required for a recent sewer extension off Tassajara Lane 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 from Braddock & Logan Group III, LP for an easement in the town of Danville shown on the map of Subdivision 9014, and authori in s t a ff t r d th zl g o reco e resolution with the Contra Costa County Recorder. *Easement parcel numbers are for internal job log use only. N: \ENVRSEC \Position Papers \Camorongan \PP 6409 Braddock (Final) 9- 17- 09.doc A 9 V 9 1 L. G VICINITY MAP N.T.S. Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 17, 2009 No.: 4.h. Consent Calendar Type of Action: ADOPT RESOLUTION Subject: ADOPT A RESOLUTION ACCEPTING OFFERS OF DEDICATION FROM THE WINDEMERE BLC LAND COMPANY, LLC FOR EASEMENTS IN THE CITY OF SAN RAMON SHOWN ON THE MAPS OF SUBDIVISION 8510 AND SUBDIVISION 8957, AND AUTHORIZING STAFF TO RECORD THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER (JOB 5878, PARCELS 2 AND 3 *) Submitted By: Initiating Dept ✓Div.: Pat Camorongan, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD A TION: app v P. Camorongan J. Mi moto -Mills C. Swanson A. Farrell Jame Kelly, Oener 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 offers of dedication for easements in the city of San Ramon, 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 accepts easements by resolution. The recommended resolution will accept easements shown on the maps of Subdivision 8510 and Subdivision 8957 required for a recent sewer extension off Pembroke Court in the city of San Ramon. Staff has reviewed the subdivision maps and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting offers of dedication from Windemere BLC Land Company, LLC for easements in the city of San Ramon z 7 SAN RA&00% E� � b ry✓ W 20 2 S¢ � SRE VICIMTY MAP N i.5. shown on the maps of Subdivision 8510 and Subdivision 8957, and authorizing staff to record the resolution with the Contra Costa County Recorder. *Easement parcel numbers are for internal job log use only. NAENVRSEC \Position Papers \Camorongan \PP 5878 Sub Map Windemere (Final) 9- 17- 09.doc lo.w.l) Central Contra Costa Sanitary District September 11, 2009 TO: HONORABLE MEMBERS OF THE BOARD FROM: JAMES M KELLY, GENERAL MANAGER SUBJECT: BACWA UPDATE Doug Craig will provide an update on BACWA and CCCSD's role in BACWA at this Board Meeting. The attached BACWA Report to members provides a summary of recent activities and the organization structure. The Executive Summary on Pages 1 through 3 provides a summary of BACWA activities for the past two years. The five signatory agencies to the BACWA Joint Powers Authority each have a representative on the five - member Executive Board that governs BACWA. Doug Craig is CCCSD's representative to BACWA, and he is currently the Vice Chair of the Board. CSO /C: \DOCUME- 1 \ataliani \LOCALS -1 \Temp \BACWA Update Cover Memo.doc It yGi � Bay Area Clean 1 � Report to II II II l II II II r RI Members of the Bay Area Clean Water Agencies (BACWA) Executive Board: David W. Tucker, City of San Jose, Chair of Executive Board Doug Craig, Central Contra Costa Sanitary District, Vice Chair of Executive Board David Williams, East Bay Municipal Utilities District, Board Member Tommy Moala, San Francisco Public Utilities District, Board Member Michael Connor, East Bay Dischargers Authority, Board Member Michele M. Pla, Executive Director Fa Prepared by a CH2MHILL Contents ExecutiveSummary ........................................................................... ..............................1 BACWAAccomplishments .............................................................. ..............................5 Major Initiatives Completed in FY 2007 - 2008 ..................... ..............................5 Regulatory Initiatives Started in FY 2007 - 2008 ................... ..............................6 Sanitary Sewer Overflows and Other Wet Weather Issues ................6 Dioxin Permit Limits .................................................. ..............................7 PCBTMDL ................................................................... ..............................8 SeleniumTMDL .......................................................... ..............................8 Bacteria Limits and Basin Plan Requirements ........ ..............................8 AmmoniaToxicity ...................................................... ..............................8 Pollution Prevention ................................................... ..............................9 Energy Use and Air Quality ...................................... ..............................9 Organizational Initiatives Started in FY 2007 - 2008 ........... .............................10 MemberEngagement ................................................. ............................1.0 Mercury Watershed Permit Annual Report ........... .............................11 Aquatic Science Center .............................................. .............................11 BACWA- supported Programs ............................................. .............................12 OperatorTraining ...................................................... .............................12 Water Conservation Campaign ............................... .............................13 Proposition 50 Grant Management ......................... .............................13 OrganizationalStructure of BACWA ............................................ .............................15 Management and Administration ....................................... .............................16 Committees............................................................................. .............................16 InfoShare ................................................................................ .............................16 Support through Expert Consulting ................................... .............................17 Finances and Audit .......... .............................19 Tables 1 FY 2007 -2008 Member Contributions to Specific BACWA Programs ......... 19 2 FY 2007 -2008 General BACWA Budget .............................. .............................19 3 Water Quality Attainment Strategies .................................. .............................20 Report to Members • June 2009 IME Executive Summary 4 The Bay Area Clean Water Agencies (BACWA) identifies and addresses regional environmental, regulatory, and policy issues on behalf of its members, the public wastewater utilities in the San Francisco Bay region. As an organization comprising many members, BACWA can address regional issues more effectively than individual members can address them alone. This Report to Members provides a summary of BACWA accomplishments in Fiscal Years (FY) 2007 -2008 and 2008 -2009. Also included is an organizational summary that demonstrates cost - effectiveness and the value that BACWA provides to you, our members. Each year an independent auditor reviews BACWA's financial records; we have included the results of the FY 2007 -2008 audit as well as a table illustrating BACWA's management of the Water Quality Attainment funds in 2007 -2008 and 2008 -2009. During FY 2007 -2008, BACWA's credibility and technical objectivity influenced the regulatory strategies on mercury, cyanide, and copper regulations, resulting in an adopted mercury watershed permit, cyanide and copper site - specific objectives, and National Pollutant Discharge Elimination System (NPDES) permits with which the BACWA membership can comply. BACWA began several new regulatory initiatives in FY 2007 -2008, with the goal of keeping the BACWA membership ahead of the regulatory curve. These initiatives included sanitary sewer overflows (SSOs) and other wet weather issues and dioxin permit limits. BACWA began work on several additional regulatory concerns in FY 2008 -2009, including polychlorinated biphenyl (PCB) total maximum daily load (TMDL) compliance, selenium TMDL development, bacteria criteria, and ammonia toxicity. BACWA will continue to address the broad regulatory topics of pollution prevention (P2) and climate change. While previous P2 efforts have been highly successful, new pollutants, including pharmaceuticals, endocrine disrupters, and nanoparticles, require a new focus. BACWA's efforts will ensure that BACWA members continue to lead in P2 and develop their roles as leaders in climate change. The BACWA Air Committee continued to track and comment on the development of regulations by the California Air Resources Board (CARB) following the adopted legislation of California Assembly Bill 32 regulating Report to Members • June 2009 greenhouse gases (GHGs). BACWA, along with the Central Valley Clean Water Agencies (CVCWA) and the Southern California Association of Publicly Owned Treatment Works (SCAP) comprise the CWCCG or the California Wastewater Climate Change Group, which is recognized as a leading statewide organization addressing climate change issues. BACWA began new organizational initiatives in FY 2007 -2008, all of which enhance our ability to serve as an educational and research resource. Workshops provided a forum that enhanced member collaboration and problem solving. Specific workshop topics included breaking down the barriers to water reuse, wet weather issues, and biosolids management options, and monitoring and reporting on GHGs consistent with mandatory requirements in Assembly Bill 32. In addition, BACWA participated in the creation of the Aquatic Science Center (ASC), a new entity that improves the fiscal stability of the San Francisco Estuary Institute (SFEI) and enhances its ability to serve many entities —including BACWA —that are committed to the health of the San Francisco Bay. 0 CAL 0 S O YVL 0M O SVC O VB N LIS �f ER CMSA CSD PIN W4000 ODDSD SASM O O ICN CCCSO M OEBMUD tl SFO O DSRSD DC O O CVSD LIV O AC O OOLSD O HAY MILL BURL OUSD HMB ece, OSJSC MrefianCanyonWilli .............................. ___ __ _ ANIC BeniciaWWTP ................... ..........................__... BEN Burlingame___ ................. ............................... BURL Calistoga WWTP....._...._ ................. ............................... CAL Central Costra Costa Sanitary District .._ .......................... CCCSD Central Mann Sanitation Agency _._..... ...................... ......CMSA Daly City Plant .,. ..... ....__._._ ............ ............................... DC Delta Diablo Sanitation Distinct ........................................ DDSD Dublin San Ramon Services District .. ............................... DSRSD East Bay Municipal Utility District ...... ............................... EBMUD Fairfield- Suisun WWTP ..................... ............................... FS Hall Moon Bay ................................... ............................... HMB HaywardWPCF._.._ ..................... ................__._....._..._. HAY Hercules ................................... ........................_...... .. Las Ulmas Treatment Plant .......... ............................._. _3 Livermore Water Redamalbn Plant ....... ......................... LIV Mann County Sanitary District No. 5 . ............................... M5 Millbrae.............................................. ............................... MILL Mountain View SD ............................. ............................... MVSD Novato WWTP.................................................. _ ..... .... .... Novato OmLoma SD ................................. ....... _ ......... _ ........ . . OLSD Pacifica.__ ...................................... ............................... PAC Palo Alto Regional WOCP ............. ............................... .. PA Petaluma VWOTP .............................. ............................... PET Pinole..... ...___ ._ ............................. ............................ PIN Richmond WWTP _ ......................... ............................... RICH Rodeo Sanitary District...._ .............. ............................... ROO San Francisco International Airport .......... _ ...................... SFI San Francisco Oceanside WPCP ...... ............................... SFO San Francisco Southeast WCPC ...... ............................... SFSC San Jose/Santa Clara WPCP .............. _........................... SJSC San Leandro WPCP .......................... ............................... SL SanMateo WWTP ............................. ............................... SM Sausalito-Mann City Sanitary District ............................... MSAU Sewage Agency of Southern Mann WWTP .._ .................. SASM Sonoma Valley County Sanitation District ........................ SVC South Bayside System Authority...... _ .............................. SBSA South San Francisco. _ _ .............. ............................... SSF St. Helena WWTP ..... ......... ......................... ................... SH Sunnyvale WWTP _ ................ ............................ SUN Union Sanitary District WWTP ........... ............................... USD Vallejo WWTP .... ......... . __ ................. __. _. _... _.. _.. _..... VAL West County Wastewater District ...... IVCSD YounNille WWTP. ........ ............ ___ . `VL Report to Members • June 2009 The BACWA Joint Powers Agreement (JPA) promotes and initiates programs designed to support all BACWA members, as well as encourages programs that are of specific interest to a subset of the members. During the past 2 years, the Operator- training Program, a water conservation campaign, and the successful acquisition of a Proposition 50 Grant are all considered programs of special interest to a subset of the full membership. In April 2009, BACWA delivered to the Regional Water Board the first Annual Report for the Mercury Watershed Permit. This Region -wide report provided detailed information on all mercury discharges from the public clean water agencies covered in the watershed permit and calculations of the total public clean water agencies' mass loading to the Bay. The Mercury Watershed Permit and two additional reports were submitted separately in March 2009, detailing BACWA members' engagement in P2 efforts, the mercury monitoring strategy, the Water Environment Research Foundation cooperative research study findings on methlymercury, and other requirements under the TMDL and Mercury Watershed permit. BACWA successfully develops regional solutions and provides advocacy and information exchange for all members through the voluntary participation of member agencies' staff and the judicious use of professional consultants. BACWA member agencies have the opportunity to advance their knowledge on a broad spectrum of issues, engage in the development of innovative solutions, and provide professional development for their staff by participating in the numerous technical committees and InfoShare groups that BACWA provides. BACWA welcomes your comments and questions and looks forward to continuing to serve you. Report to Members • June 2009 3 M-Mft )S 1 / BACWA Accomplishments (FY 2007 -2008 and 2008 -2009) The last 2 years have been particularly productive for BACWA. The major initiatives described below are often the culmination of many years of working across BACWA and with the regulators and interested public. The engagement of members and particularly the Executive Board and Committee Chairs was essential to achieving these accomplishments. Major Initiatives Completed in FY 2007 -2008 In FY 2007 -2008, BACWA facilitated the progress on three major water quality initiatives that had been studied and reviewed for many years. These initiatives contributed to an enhanced understanding of the San Francisco Bay's current water quality using sound, site - specific data. Further, these initiatives changed the permit requirements for mercury, cyanide, and copper. This Bay -wide BACWA's credibility approach is more cost - effective and sensible for and objectivity the regulators, clean water agencies, and influences regulatory ultimately, the public, because these strategy. constituents are now addressed uniformly and with a comprehensive scientific understanding rather than on a tactical, permit -by- permit basis. As a result of BACWA's multi-year effort, our membership has a resolution to long - standing regulatory issues concerning copper, mercury, and cyanide. The following policies were either adopted or moved forward in FY 2007 -2008: • Mercury TMDL. As of March 2008, the mercury TMDL is implemented through a watershed permit. This permit applies uniform effluent standards and data collection, focused P2 requirements, and requires participation in the same scientific studies for all municipal and industrial discharges in the region. Both BACWA and the Regional Water Quality Control Board (Water Board) believe this is an effective approach to TMDL implementation. Report to Members - June 2009 5 • Cyanide Site - specific Objective. The Water Board, the State Water Resources Control Board ( SWRCB), and the U.S. Environmental Protection Agency ( USEPA) adopted a San Francisco Bay site - specific objective for cyanide. The site - specific objective was developed from years of data and numerous studies demonstrating how cyanide could enter the Bay as a by- product of chlorine disinfection and the rate at which it naturally breaks down in the environment. This groundbreaking approach to cyanide allows dilution for shallow water discharges where models demonstrate appropriate attenuation and dilution at the specific discharge location. The new site - specific objective with the application of dilution is already in NPDES permits. • Copper Site - specific Objective. On January 15, 2008, the SWRCB adopted the site - specific objective for copper for North of the Dumbarton Bridge. The site - specific study, which began in 1998, clearly demonstrated that low concentrations of copper were causing no toxicity, nor was any impairment due to copper found in the San Francisco Bay. Although the USEPA did not approve of the site - specific objective until January 6, 2009, the Water Board began to apply the water effects ratio, developed as part of the objective, in 2008. This new copper objective provides clean water agencies the benefit of a science -based site - specific objective and a uniform guideline for future copper monitoring and P2 efforts. Regulatory Initiatives Started in FY 2007 -2008 BACWA started initiatives in FY 2007 -2008 in response to outside forces that were putting BACWA members in the spotlight, as in the case of the SSO program changes, and the changes to water and air quality regulations. One of BACWA's strengths is its ability to react quickly and develop a programmatic and regional approach to proposed or potential regulatory requirements. Sanitary Sewer Overflows and Other Wet Weather Issues In November 2007, an oil tanker collided with the Bay Bridge and spilled 54,000 gallons of oil into the Bay. The oil spill sparked a resurgence of the public's expression of their concern for the San Francisco Bay and its myriad values. In this atmosphere, the sewer spills of January and February 2008 received attention from the press, the public, and regulators at the Regional, Federal, and State levels. BACWA's Collection System Committee and the Executive Board developed a three- pronged response: 0 Focusing on SSO and wet weather issues keeps BACWA's members ahead of the regulatory curve. Report to Members • June 200' , I • Developed a series of frequently asked questions about collection systems to ensure a common literacy; this material can be downloaded from the BACWA Web site. • Worked with Water Board staff to understand technical, financial, and public ' issues that affect the utilities' ability to prevent and respond to SSOs. • Conducted a Wet Weather Issues workshop in May 2008 where details about the new statewide spill notification requirements, recent spill enforcement ' incidents, and complaints, as well as information about the then- pending Leno Legislation were presented to the BACWA membership. Dioxin Permit Limits ' Fish consumption advisories for the San Francisco Bay exist as a result of dioxin concentration found in some fish tissues. Consequently, the Water Board has included numerical dioxin discharge limits in ' NPDES permits. These numerical limits are below the analytical detection point, which means it may be impossible for BACWA Scientific and regulatory ' members to determine compliance and any valid review provides measurement would result in non - compliance regulators proven, with these requirements. Additionally, the alternative approaches NWater Board, its staff, and BACWA recognize to dioxin regulation. that dioxin impairment to San Francisco Bay comes from other sources such as air deposition ' and not wastewater treatment. To resolve this problem, BACWA and regulators jointly developed an issue paper and engaged the SFEI to convene an independent panel of experts to provide objective expert review. The goal was to compile scientific information to better describe the dioxin problem and develop an approach to dioxin regulation that would protect the Bay and provide rational discharge limits, given the minimal control dischargers have over dioxin sources. This panel met ' for discussion on February 22, 2008, and issued a report recommending the following: ' Applying the Great Lakes Initiative approach to dioxin, an approach approved and adopted by the USEPA in the Federal Register • Gathering and analyzing more dioxin data describing inputs and impacts to the Bay • Developing a TMDL using a comprehensive environmental approach to investigate the sources and controllability of dioxin a Report to Members • June 2009 7 am i Based on this report, BACWA has worked with the Water Board to develop a new permit strategy that can be applied to all clean water agencies' NPDES permits to achieve compliance. In addition, the SFEI has initiated, through the Regional Monitoring Program, a Dioxin Workgroup that has begun a new 5 -year, $500,000 dioxin monitoring program. PCB TMDL The Water Board adopted a PCB TMDL in February 2008. This TMDL is based on limited data and, as a result, some individual waste load allocations are not well developed. In summer 2009, the TMDL will be before the SWRCB for approval. BACWA is currently developing a position on this critical TMDL. Selenium TMDL The State of California and the USEPA listed the entire San Francisco Bay as impaired for selenium. The Water Board initiated a TMDL for the Bay north of the Oakland/ Bay Bridge. BACWA has engaged in this process by reviewing technical memoranda, developing comments, participating in advisory committee meetings, reviewing effluent data, and developing proposals for wasteload allocations and implementation plans. Bacteria Limits and Basin Plan Requirements BACWA is working for adoption of water quality standards for bacteria that are consistent with USEPA requirements. The standards currently in use in San Francisco Bay require excessive chemical disinfection. This imposes unnecessary expense on clean water agencies and also results in unwarranted levels of chemical byproducts in the San Francisco Bay. BACWA is assisting the Water Board in its efforts to complete the current Basin Plan Amendment for bacteria before 2011, when the new round of permit issuance begins. Ammonia Toxicity Low concentration nutrient interactions in fresh water and saltwater bodies can be extraordinarily complex. Some recent research with limited peer review has suggested that ammonia may impair the health of the San Francisco Bay. BACWA is evaluating this new literature and intends to engage in broader discussion about the role of ammonia, nitrogen, and nutrients on impacts to 8 Report to Members • June 2009 I 1 0 I it San Francisco Bay. BACWA has participated in an independent review of this research and will monitor this issues in the years to come. Pollution Prevention P2 continues to be a major focus for BACWA. The Bay Area Pollution Prevention Group ( BAPPG) and individual BACWA members are the nations leaders on P2 efforts, targeting a broad range of pollutants such as fats, oils, and grease; pesticides; mercury; copper; and PCBs among others. More • work remains, as regulators move beyond TMDLs and permits that address legacy pollutants (mercury, PCB, dioxin, selenium, and pesticides); BACWA will review new findings regarding ` "emerging contaminants" such as ' pharmaceuticals, endocrine';° disrupters, and nanoparticles. The BAPPG are dedicated leaders _ of BACWA's P2 efforts toward product stewardship and green chemistry, with a continued focus • fiime. r,�• on public education and ;. cooperation. Energy Use and Air Quality California State agencies are engaged in ensuring that climate change considerations are part of their programs and policies. The SWRCB, CARB, California Energy Commission (CEC), and California Public Utilities Commission (CPUC) are developing new policies and requirements that implement the GHG laws. In the next few years, water quality, biosolids management, and air quality programs may be highly influenced by goals and means to reduce GHGs. BACWA will identify opportunities to coordinate across committees to provide an overarching discussion of climate change adaptation and mitigation strategies. a Report to Members • June 2009 9 Organizational Initiatives Started in FY 2007 -2008 In addition to the completion of the mercury, cyanide, and copper initiatives, BACWA also began several new organizational initiatives during the last 2 years. The organizational initiatives focus on enhancing our ability to serve as an educational and research resource, which is consistent with the requirements of the BACWA JPA. Member Engagement BACWA's structure focuses on member engagement in committees and workgroups. This provides the platform for collaborative development of solutions to regulatory and New workshops environmental challenges. In FY 2007 -2008, enhance member BACWA built upon this platform by holding collaboration and three major workshops that engaged our problem solving. members in discussions of water reuse, wet weather, and biosolids management challenges and opportunities. These workshops raised the level of understanding among our members and provided new opportunities to communicate and consider innovative solutions. The specific workshops held in FY 2007 -2008 included the following: • Breaking Down Barriers to Water Reuse. This workshop was a natural progression from the successful white paper, "The Importance of Recycled Water for the San Francisco Bay Region" developed in FY 2006 -2007. BACWA recognized that barriers to water reuse arose from both the regulatory and the political community, and arranged a workshop in which our members engaged with regulators, elected officials, and their peers to develop new approaches for increasing water reuse. Participants identified several approaches to breaking down existing barriers, including: bringing financial resources to the region, working together regionally, and continuing to educate the public about the benefits of water reuse. • Wet Weather Issues. The oil spill of November 2007 and the subsequent sewage spills in January and February 2008 provided the opportunity to focus on the regulatory and 700M of rimm "i' nwAu'r, MMN BACKUPS %96 9erta yoa: 4w, at fag aid ocmg CAN No Fats, Oil or Greasy Scraps Down the Drain! Bay Area Clean Water Agencies 10 Report to Members • June 2009 $ I II it public atmosphere in which BACWA members are now operating. This workshop included presentations by Ken Greenberg from the USEPA, Bobbi Larson from the California Association of Sanitation Agencies (CASA), staff from the Regional Water Board, representatives from Bay Keeper, utility managers, and utility attorneys. • Biosolids Management and Management Options. BACWA held a 1 -day biosolids management workshop to inform its members about new requirements for continued land application in Solano County, discuss the technical BACWA's Air Issues and challenges of developing a regional biosolids Regulations Committee management project, and explore additional presented the first biosolids management concerns. Afternoon workshop specifically breakout sessions provided opportunities for for clean water members to work together on policy, agencies on measuring technical, and public education challenges. and reporting GHG under As a result of this workshop, the BACWA the requirements of Biosolids Committee is developing a white Assembly Bill 32. paper and an action plan for future activities. Mercury Watershed Permit Annual Report In March and April 2009, BACWA submitted the first Annual Reports required under the Mercury Watershed Permit to the Regional Water Board. The Mercury Watershed Permit requires both municipal clean water agencies and industrial dischargers to develop, or cause to be developed, a risk - reduction program that targets consumers of San Francisco Bay- caught fish and to conduct or cause to be conducted special studies for adaptive management. BACWA's report on these activities was submitted on March 2,2009; and on April 1, 2009, BACWA submitted the first annual group report showing compliance with the group wasteload allocation. The report includes a summary narrative of the data and information submitted by participating agencies, as well as a calculated annual mercury mass emission for all municipal entities. The P2 activities of the municipal clean water agencies were also summarized. BACWA is now engaged with members to support implementation of dental amalgam programs and to determine how best to measure implementation and the effectiveness of these programs across the region. Aquatic Science Center Creation of the ASC improves the fiscal stability of the SFEI and enhances its ability to serve BACWA and other entities committed to the health of the Bay. Report to Members • June 2009 fte 11 BACWA, in partnership with the SWRCB, created the ASC, under which the SFEI is an operating entity. This arrangement enhances SFEI's ability to secure State and Federal funding, reduces its reliance on clean water agencies for funding, and enhances its ability to serve a larger community with interest in the health of the Bay. BACWA- supported Programs 6 'AQUATIC - -t SCIENCE 40 CENTER The BACWA JPA encourages programs designed to support all BACWA ' members as well as programs of specific interest �..•�r�w ` _ to a subset of the BACWA membership. These rprograms, which may or may not be initiated by BACWA, provide benefits to our members. Over the past 2 years, these programs included support of an operator training program, a water conservation campaign, and successful acquisition and management of a Proposition 50 Grant. Operator Training In FY 2007 -2008 BACWA began supporting a group of members located in Solano, Contra Costa, and Alameda Counties to develop a water and wastewater operator training program under the auspices of the Solano Community College. These night classes are for individuals who want to become operators or to advance in their operations careers. BACWA provides administrative contracting and financial management support for this program. Thus far, more than 200 students have completed classes. Operator training helps BACWA members secure qualified staff. 12 Report to Members • june 2uu9 $ Water Conservation Campaign With the deepening drought, regional water supply utilities asked BACWA to provide administrative and management support for a regional water conservation advertising campaign. Water conservation reduces influent Supporting regional flows, thereby reducing chemicals and energy conservation enhances ' demands for wastewater treatment. Moreover, a management of the number of BACWA members are also water overall water cycle. ' utilities with a dual responsibility to protect and conserve our water resources. BACWA was able to provide efficient, cost - effective support for a regionally financed program. This campaign began in FY 2007 -2008, with the "Water Heroes' campaign. ' Proposition 50 Grant Management In FY 2006 - 2007,12 Bay Area utilities, five of which are BACWA members, ' requested BACWA to apply for a grant available under Proposition 50, Chapter 8, to support development of water recycling, water conservation, and water resources projects in the Bay Area. Proposition Grant management 50 Grant guidelines indicated a preference for provides needed regional applications and because BACWA is ' resources to the one of few qualified regional entities in the Bay Area, BACWA's application provided the Bay Area. necessary regional approach. In FY 2007 -2008, ' BACWA was awarded a $12.5 million grant for 14 projects with a total estimated value of $108,278,220. I Report to Members • June 2009 MEMO 13 Organizational Structure of BACWA 1 BACWA is a member - supported organization 1 made up of 55 publicly owned clean water Participation by agencies. There are three membership levels for public wastewater utilities: member agencies , staff ' and judicious use of • Signatory Agencies are those five agencies professional consultants that entered into the JPA in January 1984. provides cost - effective 1 • Associate Members include all other public advocacy, information wastewater agencies that have treatment exchange, and facilities that treat 5 mgd or more. regional solutions. • Affiliate Members are public treatment agencies that treat less than 5 mgd, or collection system -only agencies. 1 1 1 1 �I An Executive Board leads BACWA. The JPA establishes the membership of the Executive Board as representatives from the five original signatory agencies (East Bay Municipal Utilities District [EBMUD], San Francisco Public Utilities Commission [SFPUC], East Bay Dischargers Authority [EBDA], Central Contra Costa Sanitary District [CCCSD], and the City of San Jose). The Executive Board is responsible for ensuring: • The financial viability of the organization, including adoption and management of an annual budget and work plan • BACWA activities align with its mission and are meeting the membership's needs • BACWA has the technical, legal, and other support necessary to fulfill its mission Report to Members - June 2009 15 amr Management and Administration BACWA uses membership dues to pay two part -time consultants to provide ongoing management and administrative support. These Management and consultants are the Executive Director and the administrative Assistant to the Executive Director. structure maximizes The Treasurer of EBMUD is also the Treasurer of efficiency. BACWA, as designated by the JPA. EBMUD provides fee -based accounting and financial management services (including issuing invoices for member contributions and payment of vendor /consultant invoices). Committees BACWA has the following eight active committees, each of which focuses on compliance issues and regulatory and policy trends in a distinct area: • Air Issues and Regulations (AIR) • BAPPG • Biosolids • Collection Systems • Laboratory • Media Relations (a joint committee with the Bay Area Stormwater Management Agencies Association) • Permits • Water Recycling Info Share BACWA sponsors three groups (Operations InfoShare; Bay Area Maintenance InfoShare [BAMI]; and Engineering Infoshare) that provide an interactive information- sharing forum for wastewater operations and maintenance supervisors, chiefs, and engineers. These InfoShare groups are supported by a paid consultant who schedules quarterly meetings and prepares meeting minutes that provide value for all BACWA members. 16 Report to Members • June 2006 r Support through Expert Consulting BACWA uses consultants to assist committee administration and provide technical assistance as needed. These expert consultants provide: • Support for specific committees • Support for the InfoShare groups • Technical expertise and professional support on a task -order basis Report to Members • June 2009 17 I I I� II II II I_l v 0 II II II II Ir Finances and Audit The FY 2007 -2008 revenues are included in Table 1. The general budget categories are included in Table 2. TABLE 1 FY 2007 -2008 Member Contributions to Specific BACWA Programs BACWA CEPMater Quality Attainment Contributions AIR BAPPG Strategy Members $450,000 $88,671 $29,451 $450,000 Signatory Members Signatory Members Signatory Members $160,500 $19,202 $150,001 Other Members Other Members Other Members Interest $40,019 $2,699 $3,076 $63,393 Total Revenue $650,519 $91,370 $51,729 $663,394 TABLE 2 FY 2007 -2008 General BACWA Budget Project Elements Budget Expenditures at End of FY Permit/ Water Quality $156,250 $71,754 Collection Systems $50,000 $39,698 Communication of Technology and Regulatory Issues $108,000 $106,250 Pollution Prevention $32,500 $29,500 General BACWA $146,609 $108,418 Project Totals $463,359 $335,620 Administrative Expenses $202,641 $187,168 Budget Totals $666,000 $522,788 In FY 2007 -2008, BACWA also started and completed several water quality attainment strategy initiatives. The investments BACWA made over FY 2006 -2007, 2007 -2008, and partial year 2008 -2009, in these successful initiatives, are shown in Table 3. a Report to Members • June 2009 lm 19 20 Report to Members • June 2009 d" rim .. C . t I' C) O C) (O CO O O LO W O ,, (O O LO N Ln LO N G ti M W OD O O 00 O. 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Q y w N 2 2 U) > J J YCD�J(n0 �00(nJ0W(n2 2 JQ om0 \ 1 5\ cn 5E �•' co W W � � N 00 co U 00 0) w rUw UMMM M M MM MMM CO 000 O O O O O Q O O O O Q'C O Q O O O O O O O O O O } 000 O O 000m 00 / 00O) O Q10000 O 00 000 N N N N N N N N �-N N N N �'N �--N N N N N N N N N N E v i i o00 0 0 i 000000 i i 00°0000000 0 i i 00 I 000 ' (q O O O O O O O O O O N 0 0 O O O O O N N O O O O O O LL N N N N N N N N N N N N N N N N N N N N N N N Q �O O O O N N N M Q () •` W J (D d d d C x0 m iii in U S z a �� ro V D m 20 Report to Members • June 2009 d" rim r 6a1) BAY AREA CLEAN WATER AGENCIES (BACWA) Doug Craig Board Meeting September 17, 2009 BACWA ❑ Joint Powers Agreement — January 4, 1984 ❑ 5 principal agencies ❑ 13 associate members ❑ 36 affiliate members ❑ Executive director ■ ■ PRINCIPAL AGENCIES ❑ City of San Jose — David Tucker, Chair ❑ Central Contra Costa Sanitary District — Doug Craig, Vice Chair ❑ East Bay Municipal Utilities District — David Williams • East Bay Dischargers Authority — Michael Connor • San Francisco Public Utilities — Tommy Moala CORE VALUES AND COMMITMENTS ❑ Regulatory compliance for members ❑ Promote stewardship of bay environment ❑ Regional collaborations and regional solutions ❑ Use of good science and best technical information 2 R t BACWA ACTIVITIES • Negotiate / appeal NPDES permits • Communicate with executive staff at Regional Water Quality Control Board, State Water Resources Control Board, and the Environmental Protection Agency ❑ Understand and influence regulations as they are being developed (Basin Plan amendments, TMDL, etc.) ❑ Emphasize pollution prevention to address water quality contaminants over costly treatment and removal technologies ❑ Educate regulators on potential impacts of regulations and provide options to achieve water quality goals ❑ Educate members and share information ANNUAL BUDGETS ❑ Operating budget $600,000 ❑ Water quality attainment strategies $600,000 (TMDL) 3 INN BACWA FEES Each Principal agencies $90,000 /yr Associate agencies 7,500 /yr Affiliate agencies 1,500 /yr Total Total $450, 000 /yr 97, 500 /yr 54,000 /yr $601,500/yr BACWA COMMITTEES ❑ Permit ❑ Collection systems ❑ Laboratory ❑ Media relations ❑ Biosolids ❑ Pollution prevention ❑ Air issues and regulations ❑ Water recycling 4 s I� ■ i Dui ^�,<::< WATER QUALITY ATTAINMENT STRATEGIES ❑ Required by National Pollutant Discharge Elimination System (NPDES) permit ❑ Development and implementation of total mass daily loading (TMDL) and water quality studies ❑ Achievable waste -load allocations and permit limits TMDL AND WATER QUALITY ISSUES ❑ Mercury TMDL and watershed permit ❑ Cyanide site - specific objective • Copper site - specific objective • Dioxin permit limits • PCB TMDL • Selenium TMDL % ■ ■ TMDL AND WATER QUALITY ISSUES (continued) ❑ Sanitary sewer overflows ❑ Ammonia toxicity ❑ Effluent bacteria limits ❑ Emerging contaminants ❑ Greenhouse gas issues (AB32) SUMMARY ❑ BACWA, as a group, has greater influence on regulatory development than the individual agencies. ❑ BACWA's success in obtaining achievable NPDES permit requirements has resulted in substantial cost savings to the District. 9 6.a.1) BAY AREA CLEAN WATER AGENCIES (BACWA) Doug Craig Board Meeting September 17, 2009 BACWA ❑ Joint Powers Agreement — January 4, 1984 ❑ 5 principal agencies ❑ 13 associate members ❑ 36 affiliate members ❑ Executive director 1 PRINCIPAL AGENCIES ❑ City of San Jose — David Tucker, Chair ❑ Central Contra Costa Sanitary District — Doug Craig, Vice Chair ❑ East Bay Municipal Utilities District — David Williams ❑ East Bay Dischargers Authority — Michael Connor ❑ San Francisco Public Utilities — Tommy Moala CORE VALUES AND COMMITMENTS ❑ Regulatory compliance for members ❑ Promote stewardship of bay environment ❑ Regional collaborations and regional solutions ❑ Use of good science and best technical information 6 r• BACWA ACTIVITIES ❑ Negotiate / appeal NPDES permits ❑ Communicate with executive staff at Regional Water Quality Control Board, State Water Resources Control Board, and the Environmental Protection Agency • Understand and influence regulations as they are being developed (Basin Plan amendments, TMDL, etc.) • Emphasize pollution prevention to address water quality contaminants over costly treatment and removal technologies ❑ Educate regulators on potential impacts of regulations and provide options to achieve water quality goals ❑ Educate members and share information ANNUAL BUDGETS ❑ Operating budget $600,000 ❑ Water quality attainment strategies $600,000 (TMDL) 3 R BACWA FEES Each Total Principal agencies $90,000 /yr $450,000 /yr Associate agencies 7,500 /yr 97,500/yr Affiliate agencies 1,500 /yr 54.000 /yr Total $601,500 /yr. BACWA COMMITTEES ❑ Permit ❑ Collection systems ❑ Laboratory ❑ Media relations ❑ Biosolids ❑ Pollution prevention ❑ Air issues and regulations Li Water recycling 4 •t J- WATER QUALITY ATTAINMENT STRATEGIES ❑ Required by National Pollutant Discharge Elimination System (NPDES) permit ❑ Development and implementation of total mass daily loading (TMDL) and water quality studies ❑ Achievable waste -load allocations and permit limits TMDL AND WATER QUALITY ISSUES ❑ Mercury TMDL and watershed permit • Cyanide site - specific objective • Copper site - specific objective ❑ Dioxin permit limits ❑ PCB TMDL ❑ Selenium TMDL % TMDL AND WATER QUALITY ISSUES (continued) ❑ Sanitary sewer overflows ❑ Ammonia toxicity ❑ Effluent bacteria limits ❑ Emerging contaminants ❑ Greenhouse gas issues (AB32) SUMMARY ❑ BACWA, as a group, has greater influence on regulatory development than the individual agencies. ❑ BACWA's success in obtaining achievable NPDES permit requirements has resulted in substantial cost savings to the District. P (0-06- 2) Central Contra Costa Sanitary District September 17, 2009 TO: BOARD OF DIRECTORS FROM: JAMES M. KELLY, GENERAL MANAGER SUBJECT: ACCOUNTANT POSTION SALARY SUMMARY This matter was considered by the Human Resources Committee (memo attached) at their August 18, 2009 meeting. Staff requested the Human Resources Committee concurrence to grant Mr. Todd Smithey a one -step increase to G67D. The Human Resources Committee members had differing opinions on the issue (See attached Action Summary). Staffs request was based on past practice and a signed personnel action form (PAF) dated June 12, 2009 that showed his salary would be at the G67D grade. G67D provided Mr. Smithey a 5% increase in salary at the time the offer was made; this was based on the General Employee pay schedule in effect at that time, which is the District's past practice for providing an increase when an employee is promoted. The Committee's concurrence was requested because after the Board adopted the cost -of- living adjustment for Local One on July 2, 2009 to be effective May 18, 2009 Human Resources staff reviewed the signed PAF and found based on the new General Employee pay schedule, the G67C level would provide a 5% increase and that is the increase that was implemented. On July 7, 2009 Mr. Smithey sent staff a memo requesting that his pay step be G67D, as shown in the first PAF. Staff review the matter and found the request to be consistent with past practice, and supported the request, but staff believed Board concurrence was needed if an increase were to be granted. Since the Committee members had differing opinions, staff requests Board concurrence to grant Mr. Smithey an one step increase to G67D. Staff has revised its procedures to prevent such an issue from reoccurring in the future. Central Contra Costa Sanitary District August 18, 2009 TO: HUMAN RESOURCES COMMITTEE VIA: JAMES M. KELLY, GENERAL MANAGER FROM: RANDALL M. MUSGRAVES, DIRECTOR OF ADMINISTRATION SUBJECT: ACCOUNTANT'S SALARY The Board adopted the cost -of- living adjustment for Local One on July 2, 2009 to be effective May 18, 2009. Payroll Technician Todd Smithey was promoted to Accountant on June 12, 2009. Mr. Smithey had anticipated being appointed to a G67D on June 12, but was appointed to a G67C as a result of the Local One cost -of- living adjustment being granted effective on May 18, 2009. On July 7, 2009 Mr. Smithey sent staff a memo objecting to the pay step in his new position. Unfortunately, this situation was created due to the differing dates for ratification of the MS /CG and Local One employee contracts and the fact that Mr. Smithey was promoted from a MS /CG position to a Local One position. Payroll Technician is in MS /CG and Accountant is in Local One. Background Mr. Smithey was provisionally appointed to the Accountant position on February 18, 2009 at G67C step. On May 18, 2009 MS /CG ratified their contract effective April 18, 2009. The' District's practice and Board policy (8/10/1950) is to provide a salary increase of no less than one step in pay for a promotion. Since MS /CG had settled and received a 3% salary increase effective April 18, 2009, the appropriate step for Mr. Smithey would have been the G67D step on June 12, 2009. Both the employee and Supervisor verbally discussed the offer and his acceptance at the G67D step. His offer letter, dated June 12, 2009, from Darlene Ross did not discuss his pay step. At that time, staff was unsure of when Local One would ratify the labor contract. A Personnel Action Form implementing the G67D pay was executed and signed by him, his Supervisor, me, the Human Resources Manager and the General Manager. However, it was not processed because on June 16, 2009 Local One ratified the contract effective May 18, 2009 for the 3% pay increase. When staff recalculated the difference between his salary as the Payroll Technician and the Accountant, a one step increase dropped him from the G67D to G67C. Had Local One not ratified, Mr. Smithey's pay increase would have been to the G67D step. Mr. Smithey has been paid at the G67C step pending Committee and Board approval. The financial impact of G67C versus G67D is $1,933 over six months, the probationary period. To further complicate this matter, as the Payroll Technician, Mr. Smithey is aware that the District provided Plant Operator Robert Maroon with a salary increase of two steps due to the Local One salary survey being implemented retroactively to July 1, 2008. Mr. Maroon had been promoted in early July before the Board adjusted the salary table. He would have been disadvantaged about $1,629 if the change had not been made. Accordingly, the Board agreed to grant the extra salary step. Given both Mr. Smithey and his supervisor had the understanding that the salary was G67D at the time the position was offered and accepted, the special consideration provided Mr. Maroon, and the fact that it is unlikely this issue would occur in the future, staff is recommending to adjust Mr. Smithey's salary from G67C to G67D effective June 12, 2009. 2 aR, Central Contra Costa Sanitary District HUMAN RESOURCES COMMITTEE ACTION SUMMARY Chair Hockett Member Lucey Tuesday, August 18, 2009 3:00 p.m. Executive Conference Room 5019 Imhoff Place Martinez, CA lr-my HO. I RD OF DIRECTORS JAVES.4..Vr.lt.'UL I, Po'calkm MICHAEL R. 1kWU h e5i'kni Pro ran 9. IRSARA D. 11OC'REn Gh'R.ILL) R. LUCh.'Y .I IARlO .11..t l h.',VE:S/.Vl PHONE: (9'5) 228-9500 F. (975) 676 -771 / Irlviv. rcnlyd/san. ol,�,. PRESENT: Barbara Hockett ; Jerry Lucey, Jim Kelly, Randy Musgraves, Cathryn Freitas, Elaine Boehme, Christina Gee; Doug Craig, Bill Brennan, and Ann Farrell left after item 3. 1 2. 3 Call Meeting to Order Chair Hockett called the meeting to order at 3 p.m. Public Comments, Employees Association President Dave Rolley and Vice President Jeff Skinner presented the Committee and Human Resources Manager Cathryn Freitas with proposed language changes to the Local One Memorandum of Understanding (MOU) regarding retiree dental. coverage.. COMMITTEE ACTION: Received the comments. Overtime report The Committee suggested a Tuesday through Saturday shift for the Collection System Operations (CSO) Department, which General Manager Jim Kelly stated he would research. Chair Hockett added that polling staff may be an effective way to assess this option. COMMITTEE ACTION: Requested that staff investigate a revised CSO work schedule to reduce the amount of overtime incurred by the department. 1 Human Resources Committee Action Summary August 18, 2009 Page 2 e 4. Current policies and practices regarding disabilities and leaves of absence. a. Request for extended medical leave of absence without pay for Network Coordinator John Censoplano Director of Administration Randy Musgraves presented background information found in the draft Position Paper and discussed staffs recommendation to deny Mr. Censoplano's request for extended time. In the past, the District provided. medical coverage until CCCERA decided on the employee's application for retirement or disability retirement. CCCERA has denied Mr. Censoplano's application and he is appealing their decision. The appeal process could take in excess of six months. Mr. Rolley stated that Kaiser did not send Mr. Censoplano's entire medical history to CCCERA and asked that the District's decision be made after CCCERA has rendered their final word following the appeals process. Mr. Censoplano recalled that he tried to return to work twice since 2007, finding each time that he could not physically perform his duties. He claimed he did not know what was lacking in the evidence he initially submitted to CCCERA and, in response to a question from Chair Hockett, stated that CCCERA refused to provide him a list of the paperwork needed to qualify for a disability retirement. He stated his doctor has ruled him permanently disabled and requested an extension from the. Committee. Chair Hockett stated that the Committee could not make a ruling based on the unknown outcome of the appeal and noted that Mr. Censoplano would possibly qualify for benefits from COBRA, MediCal, or Medicare. COMMITTEE ACTION: Recommended that the Board deny the request for extended medical leave of absence without pay. `5. Options for reducing staffing costs Mr. Kelly distributed a memo (attached) which supplemented the original attachment to this item. He added that these were options which he was not recommending but providing for informational purposes. COMMITTEE ACTION: Received the report. 6. Review of reclassification requests Mr. Musgraves informed the Committee that the Human Resources Analyst has since withdrawn her request for reclassification due to the economy and her pending retirement. In response to questions from Chair Hockett, Mr. Musgraves Human Resources Committee Action Summary August 18, 2009 Page 3 confirmed the Information Systems Specialist position was included in a salary survey, which resulted in a wage adjustment in 2000. Chair Hockett questioned the need to hire a consultant. Mr. Musgraves stated that, although a consultant is required by the Management Support/Confidential Group's MOU, it is not by Local One's, thereby allowing the option to not hire a consultant for the Information Systems Specialist position review. Nevertheless, Mr. Musgraves recommended using a consultant for both requests, which would cost from $4,000-S5,000. Member Lucey agreed to hire a consultant but noted that he would not do so again in the future: COMMITTEE ACTION: Recommended proceeding with hiring a consultant to assist with the reclassification requests submitted by the Human Resources Assistant and Information Systems Specialist., 7. Accountant position salary Mr. Musgraves -explained that staff followed a past practice in determining Mr. Smithey's compensation for his promotion, where he went from an MS /CG position to a Local. One position prior to the settlement of the Local One MOU, but after the settlement of the MS /CG MOU. Member Hockett reasoned that the Committee should not overrule staffs promises nor penalize an erriployee for others' missteps. She stated that the situation was an opportunity to learn and suggested revising the District's policies and procedures to avoid a recurrence. Member Lucey noted that the promotion to Accountant from Payroll Technician constituted a raise in itself. COMMITTEE ACTION: Chair Hockett recommended granting the G67C to G67D one -step salary increase effective June 12, 2009; Member Lucey voted against it. This item will be presented to the full Board at its September 17, 2009 meeting. '8. Total Terminal Compensation (referred by B & F Committee at its July 13 meeting) Member Lucey requested the Board be kept aware of news and information regarding terminal compensation. He stated that the Board had not received sufficient information regarding terminal compensation during recent negotiations. Mr Kelly distributed a memo (attached) listing District retirees receiving a retirement benefit in excess of $ 100, 000 per year Human Resources Committee Action Summary August 18, 2009 Page 4 COMMITTEE ACTION: Member Lucey requested a memo from District Labor Counsel cataloguing the elements of terminal compensation that can be spiked, and what areas can be changed or controlled now, and in what areas the District is bound by the Memoranda of Understanding. The memo is to be presented directly to the Board without staff review or input. 9. Reports /Announcements a. Distribution of draft Employee Benefit brochure b. Distribution of MS /CG MOU COMMITTEE ACTION: Approved distribution of both documents to employees. Member Lucey asked staff about the status of the Accountants' request to be moved into the MS /CG Group from Local One. Mr.. Musgraves responded that a Meet and Confer meeting was held and the Accountants asked that the matter be put.on hold until further notice. 10. Adjournment —at 4:05 p.m. " Attachment Agenda Item 6.a.3) Board Meeting of September 17, 2009 Written Announcements: Board Follow -Up Items a) Pyrethroids in the Bay The attached article from the Sacramento Bee identified Sacramento's Regional Wastewater Treatment Plant as the single, largest source of pyrethroid pollution in the Delta. With the phase -out of organ ophosphates, such as diazinon and chlorpyrifos, pyrethroids have become the dominant urban pesticides used in California. Pyrethroids are the manufactured version of pyrethrins, a natural insecticide produced by certain species of chrysanthemum. Although there is no evidence that pyrethroids are harmful to humans, they are toxic to fish and aquatic invertebrates. A University of California Davis study found the concentration of cyfluthrin and permethrin, two commonly found pyrethroids, to be 5 and 24 parts per trillion, respectively, in the Delta water. These concentrations cause pyrethroid toxicity to Hyalella Azteca, a shrimp -like amphipod that is commonly used as an indicator of environmental health of aquatic systems. The District's effluent was sampled and analyzed for pyrethroid pesticides in late July. The concentrations of cyfluthrin and permethrin were 0.6 parts per trillion and non - detect, respectively. All concentrations are well below the lethal concentration for Hyalella Azteca. The District also tested our effluent for acute toxicity using Hyalella Azteca, and our effluent caused no acute toxicity response. Although pyrethroids are a potential concern to aquatic life in the Bay /Delta, our effluent is not a contributor of toxicity in the bay. Staff Meetings /Events b) Sewer System Overflow Waste Discharge Requirements (SSO WDR) Meeting The State Water Resources Control Board ( SWRCB) is holding informal public meetings seeking comments on the statewide Sanitary Sewer Overflow Reduction Program including the General WDR for Sanitary Sewer Systems, Water Quality Order No. 2006 -0003. This WDR requires preparation and implementation of a Sewer System Management Plan and electronic reporting of sewer system overflows to a state data base. Stakeholder input is being sought to help SWRCB staff identify further improvement which may involve reopening and revising the SSO General Order. District staff is participating in this process directly through TriTAC and BACWA. Staff will attend the public hearing to be held on September 29, 2009 in Oakland. A prior hearing will be held in Fountain Valley on September 15, 2009. Project Updates c) ADA and General Improvements, DP 8214 The re- opening of the Permit Counter has again been delayed due to late arrival of cabinetry and an error in cabinet fabrication discovered when the cabinets were delivered the week of September 7, 2009. Subsequently, this has delayed the cutting and installation of the countertops. The Permit Counter is expected to re -open within the next two weeks, possibly three. However, a firm date for re- opening can not be provided at this time as the contractor is awaiting a firm commitment from the countertop supplier. District staff is concerned about the inconvenience to the public and the permit counter staff, and are doing everything they can to expedite the countertop installation. They have notified Page Construction, the contractor, in writing on August 25 and September 11, 2009, that liquidated damages will be assessed for the schedule delay as allowed by the contract at $800 per calendar day beginning September 3, 2009. 6'. a. 3.6t Sacramento Bee 7 1 07/14/09 1 1 of 3 Sacramento area is Delta's top pesticide source, study finds mweiser @sacbee.com Published Tuesday, Jul. 14, 2009 Urban Sacramento is the leading source of pesticide contamination disrupting the Delta aquatic environment, according to new research on pollution in the estuary. The study, led by UC Berkeley toxicologist Donald Weston, found enough pyrethroid pesticides in the American River to kill tiny shrimp - among the first links in the aquatic food chain. Those pesticides likely reached the river from urban storm drains, which collect runoff from the Sacramento area's 1.4 million residents. For five years, biologists have hunted for the cause of a collapse in the Sacramento -San Joaquin Delta ecosystem, a water supply for 23 million Californians. Nine fish species are declining, from tiny Delta smelt to giant green sturgeon. Weston's research supports the theory that no single villain is to blame. The problem probably Iles at the complex interface between people and water. "We were just amazed by this data," said Weston. "The American River is not supposed to be toxic. I think it reflects the fact that the river's going through 30 miles of heavy urbanization." The study also found that among the water sources tested, Sacramento's regional wastewater treatment plant is the single largest source of pyrethroid pollution in the Delta. The plant discharges treated sewage into the Sacramento River near Freeport. The reason for this contamination is less clear. it may be caused by people dumping unused pesticides into sink drains. It could also come from consumer products, such as shampoos made to kill lice and fleas. There is no evidence pyrethroids are harmful to people at typical consumer exposure levels. But they are proving harmful to aquatic life at very low concentrations. "It might be that a public education program could go a, long way," said Stan Dean, chief of policy and planning at the Sacramento Regional County Sanitation District, which operates the regional wastewater treatment system. "Ultimately, you might need to have more controls on consumer products that have pyrethroids In them." IJ Sacramento Bee 1 07/14/09 2 of 3 Pyrethroids are manufactured versions of pyrethrins, natural insecticides produced by certain species of chrysanthemum. These stronger synthetic versions began to dominate the retail market in 2000. That followed the phasing out of pesticides known to be more dangerous to humans and other mammals - mainly the organophosphates diazinon and chlorpyrifos. Pyrethroids were considered safer, partly because they don't easily dissolve in water. But biologists learned later that pyrethroids are actually more harmful to aquatic life. The chemicals attach easily to soil. They can remain toxic in creek beds or landscaping for months, then hitch a ride downstream when overwatering or a storm washes topsoil into storm drains. Pyrethrold -based pesticides dominate the shelves at grocery and hardware stores. They are . common in powders and sprays used by homeowners and pest control companies to kill a variety of insects, from flies to cockroaches. Weston presented his findings last week to the Central Valley Regional Water Quality Control Board in Rancho Cordova. The board funded the study and plans to list several area waterways as "Impaired" because of pyrethroids, including Strong Ranch and Chicken Ranch sloughs, and Arcade, Morrison and Elder creeks. In 2006, the state Department of Pesticide Regulation began a process to regulate pyrethrolds. This could bring new usage rules and even a ban on some products. It has found pyrethroids In waterways throughout the state. Pyrethroids found most often in Weston's sampling were bifenthrin and cyfluthrin, common on ingredient labels of many consumer pesticides. He and a team of researchers sampled water in the American, Sacramento and San Joaquin rivers, as well as creeks in Vacaville, on several occasions in 2008 and 2009. They also sampled agricultural runoff on several Delta islands, and sewage treatment outfalls In Sacramento, Vacaville and Stockton. They found the Delta islands are a small source of pyrethroids. Urban areas appear to be a much bigger source, with Sacramento by far the largest among the areas sampled. Researchers used a species of shrimp as a test subject. Toxic effects were revealed by exposing the quarter -Inch shrimp to water samples for four days and counting how many were killed or paralyzed. 12 Sacramento Bee 07/14/09 3 of 3 Almost no pyrethroids were found in Stockton's treated wastewater. Unlike Sacramento, Stockton holds wastewater in giant ponds as long as 30 days before discharging to the Delta. . The ponds may allow pyrethroids to settle out or degrade before discharge. Paul Towers, state director of Sacramento -based Pesticide Watch, noted many other areas also likely are adding pyrethroids to the Delta, such as Redding, Chico and Contra Costa County. "Ultimately, if we took better steps to keep pests from entering our homes, or redefined what our landscapes should look like, we wouldn't have.to use these chemicals," he said. 13 Agenda Item 6.a.3) Board Meeting of September 17, 2009 Additional Written Announcements: Staff Meetings /Events d) District Display at County Historical Society History Center A reception for the District's history display at the County Historical Society History Center in Martinez was held on Sunday, September 13, 2009. Approximately thirty people attended including Board Members Barbara Hockett, Michael McGill, and Mario Menesini. e) Environmental Protection Agency (EPA) Inspection Staff was informed on Tuesday, September 15th that the EPA annual inspection of the Treatment Plant will be on Thursday, September 17, 2009, at 9 a.m. Project Updates f) CSOD Vehicle Shop Improvements Project, DP 8218 The CSOD Vehicle Shop Improvements Project will improve working conditions in the District vehicle maintenance facility. The vehicle maintenance facility consists of four open bays on the South wall that expose workers to the elements. Low temperatures during the winter months and high temperatures during the summer months create uncomfortable working conditions. This project will replace the existing space heaters with more efficient heaters and will install circulation fans for better temperature control. This project will be advertised on September 28 and October 5, 2009. The bids will be opened on October 29, 2009. The construction cost is currently estimated at $74,000. More information will be presented when the Board is asked to approve the construction contract at the November 19, 2009 Board Meeting. .F Central Contra Costa Sanitary District Board Meeting, September 17, 2009 Board Member McGill Item 6.d.1) FUTURE MEETINGS AND CONFERENCES WITH PAID EXPENSES AND /OR STIPEND Will attend the Mayors' Conference in Oakley, CA, October 1, 2009 Will meet with Mayor Michael Harris, City of Pleasant Hill with Jim Kelly September 30, 2009 MEETINGS AND CONFERENCES THAT EXPENSES AND /OR STIPEND WAS PAID Attended the Mayors' Conference in San Ramon, CA, September 3, 2009 Attended Supervisor Uilkema Breakfast September 17, 2009 f_ Item 6.d.2 Announcements, Attended Contra Costa Council Water Task Force- Meeting September 15, 2009 Will attend: Concord Chamber Mixe_ r- September 17, 2009 Contra Costa Council Board Meeting and Planning Session September 18, 2009 CoCo Tax Payers breakfast with Mr. John Graham, Director of Health Care studies at- the.Paciflc Research Institute in San Francisco September 25, 2009 Pleasant Hill Community Service Day September 26, 2009 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 17, 2009 No.: 7.a. Administrative Type of Action: ADOPT ENVIRONMENTALLY PREFERABLE PURCHASING POLICY subject: REPLACE CHAPTER 6 "RECYCLED PRODUCT PROCUREMENT" OF THE PURCHASING POLICIES AND PROCEDURES WITH THE REVISED "ENVIRONMENTALLY PREFERABLE PURCHASING POLICY." Submitted By: Stephanie King, InitiatingDept./Div.: Administration /Purchasing Purchasing & Materials Manager REVIEWED AND RECOMMENDED FOR BOARD ACTION: 04�plo fA S. King P^U raves . Alm James . Kelly, Genera Manager ISSUE: The Board of Directors approval of District purchasing policies and procedures is required. In addition, staff is seeking Board direction, through the proposed Environmentally Preferable Purchasing (EPP) Policy, regarding strengthening the District's commitment to promote environmentally sustainable business practices, conserve natural resources, and support strong recycling markets. RECOMMENDATION: Adopt the attached Environmentally Preferable Purchasing (EPP) Policy which would replace Chapter 6 Recycled Product Procurement of the current Purchasing Policies and Procedures. FINANCIAL IMPACTS: The proposed policy requires that the District not pay more for environmentally preferable products and services than our current price or budgeted amount. Where applicable, annual or life cycle costs may contribute to the overall cost comparisons. Environmentally preferable products and services that cost more may still be considered and brought to the Budget and Finance Committee for approval when such a purchase is of value to the District's mission and goals. ALTERNATIVES /CONSIDERATIONS: The alternative would be to continue with the current policy, which focuses mainly on recycled or recyclable products, and doesn't include a wider variety of environmental concerns present in the world today. BACKGROUND: The Environmentally Preferable Purchasing (EPP) Policy will reinforce the District's commitment to promote environmentally sustainable business practices, conserve natural resources, and support strong recycling markets. The EPP Policy focuses on the procurement of products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This policy calls upon all District purchasers to consider environmentally preferable products or services whenever H: \Board Position Papers \Environ Prefer Purch Policy- EPP.doc POSITION PAPER Board Meeting Date: September 17, 2009 Subject: REPLACE CHAPTER 6 "RECYCLED PRODUCT PROCUREMENT" OF THE PURCHASING POLICIES AND PROCEDURES WITH THE REVISED POLICY "ENVIRONMENTALLY PREFERABLE PURCHASING POLICY." possible, while recognizing that their principal requirements must be product performance, availability and fiscal responsibility. Chapter 6 Recycled Product Procurement of the current Purchasing Policies and Procedures focuses mainly on recycled and recyclable products. Protecting public health and the environment is the District's mission and revising this chapter will strengthen our commitment to the environment by considering a wider variety of environmental concerns, such as energy and water efficiency, toxic content, manufacturing processes, life cycle analysis, low- pollution products and services, products that are durable, reusable, recycled, recyclable, or otherwise create less waste As commercial markets and demand for "green" products has grown, the cost for these products has become more competitively priced, therefore, staff believes that there will still be numerous opportunities to purchase environmentally preferable products and services. It is expected that these markets will continue to expand, which will result in increased competition, more availability, and lower costs. The EPP Policy attached has been modeled after similar policies in other local government agencies. Adoption of the proposed EPP Policy will further promote District awareness and use of green business products. It will also enable the Purchasing and Materials Services. Division to expand on environmentally preferable business practices and procurement opportunities. The Budget and Finance Committee has reviewed the proposed Environmentally Preferable Purchasing (EPP) Policy and recommends Board approval. RECOMMENDED BOARD ACTION: Adopt the attached Environmentally Preferable Purchasing (EPP) Policy which will replace Chapter 6 Recycled Product Procurement of the current Purchasing Policies and Procedures. HABoard Position Papers \Environ Prefer Purch Policy- EPP.doc Chapter 6 Environmentally Preferable Purchasing Policy 6.1 Purpose This Policy is adopted in order to: • protect and conserve natural resources, • minimize environmental impacts such as pollution and use of water and energy, • eliminate or reduce toxics that create hazards to workers and our community, • promote practices that improve public and worker health, • support strong recycling markets, • reduce materials that are land filled, • increase the use and availability of environmentally preferable products that protect the environment, • identify environmentally preferable products and distribution systems, • reward manufacturers and vendors that reduce environmental impacts in their production and distribution systems or services, • create a model for successfully purchasing environmentally preferable products that encourages other purchasers in our community to adopt similar goals. 6.2 PolicV In support of Central Contra Costa Sanitary District's mission to protect public health and the environment, it is the policy of the District to: institute practices that reduce waste by increasing product efficiency and effectiveness, • purchase environmentally preferable products and services that minimize environmental and health impacts, toxics, pollution, and hazards to worker and community safety and to the larger global community to the greatest extent practicable, • where practicable, purchase products that include recycled content, are durable and long- lasting, conserve energy and water, use agricultural fibers and residues, reduce greenhouse gas emissions, use unbleached or chlorine free manufacturing processes, are lead -free and mercury -free, and use wood from sustainably harvested forests, and • Consider environmental factors as early as possible in the acquisition planning and decision - making process. It is not the intent of this policy to require a department, buyer or contractor to take any action that conflicts with local, state or federal requirements or to procure products that do not perform adequately for their intended use, exclude adequate competition, or are not available in a reasonable period of time. Central Contra Costa Sanitary District - Purchasing Policies and Procedures ter Chap 6 - Enviromnentally Preferable Purchasing Policy Page 6-1 of 6-11 6.2.1 Cost Control Initially, this policy requires that the District does not pay more for environmentally preferable products and services than our current price or budgeted amount due to the possible fiscal impact in a struggling economy. Where applicable, annual or life cycle costs may contribute to the overall cost comparisons. Environmentally preferable products and services that cost more may still be considered and brought to the Budget & Finance Committee for approval when such a purchase is of value to the District's mission and goals. 6.3 Specifications 6.3.1 Source Reduction 6.3.1.1 The District shall institute practices that reduce waste and result in the purchase of fewer products whenever practicable, but without reducing safety or workplace quality. 6.3.1.2 The District shall purchase remanufactured products such as toner cartridges, tires, furniture, equipment and automotive parts whenever practicable, but without reducing safety, quality or effectiveness. 6.3.1.3 All District buyers shall consider short-term and long -term costs in comparing product alternatives, when practicable. This includes evaluation of total costs expected during the time a product is owned, including, but not limited to, acquisition, extended warranties, operation, supplies, maintenance, disposal costs and expected lifetime compared to other alternatives. 6.3.1.4 Products that are durable, long lasting, reusable, refillable, recyclable or otherwise create less waste are preferred whenever practicable. 6.3.1.5 District RFP's will contain language requesting that vendors eliminate packaging or use the minimum amount necessary for product protection whenever practicable. Packaging that is reusable, recyclable or compostable is preferred, when suitable uses and programs exist. Vendors shall be encouraged to take back and reuse pallets and other shipping and packaging materials whenever practicable. 6.3.1.6 The District shall consider provisions in contracts with suppliers that require suppliers to take back products for reuse or environmentally safe recycling when the District discards or replaces such equipment, whenever practicable. 6.3.1.7 Rechargeable and recyclable batteries shall be purchased and used whenever practicable. Central Contra Costa Sanitary District — Purchasing Policies and Procedures Chapter 6 — F.ncironmentally Prefcrahle Purchasing Police Page 6 -2 of 6 -1 1 6.3.1.8 All documents shall be printed and copied on both sides to reduce the use and purchase of paper, whenever practicable. 6.3.2 Recycled Content Products 6.3.2.1 Equipment purchased or rented by the District, such as copiers and printers, shall be compatible with the use of recycled content and remanufactured products, whenever practicable. 6.3.2.2 In accordance with California Public Contract Code, Sec. 10409, the District shall purchase re- refined lubricating and industrial oil for use in its vehicles and other equipment, as long as it is certified by the American Petroleum Institute (API) as appropriate for use in such equipment, whenever practicable. 6.3.2.3 When specifying asphalt concrete, aggregate base or portland cement concrete for road construction projects, the District shall use recycled, reusable or reground materials when practicable. 6.3.2.4 Whenever practicable, the District may specify and purchase recycled content transportation products, including signs, cones, parking stops, delineators, channelizers and barricades, which shall contain the highest post consumer content practicable, and meet Caltrans and OSHA specifications. 6.3.2.5 All pre - printed recycled content papers intended for distribution that are purchased or produced shall contain a statement that the paper has recycled content. Whenever practicable, the statement should indicate the percentage of post consumer recycled content it contains. 6.3.3 Energy and Water Savings 6.3.3.1 When practicable, energy- efficient equipment shall be purchased with the most up to date energy efficiency functions. This includes, but is not limited to, high efficiency space heating systems and high efficiency space cooling equipment. 6.3.3.2 When practicable, the District shall replace inefficient interior lighting with energy- efficient equipment. 6.3.3.3 When practicable, the District shall replace inefficient exterior lighting, street lighting and traffic signal lights with energy- efficient equipment. Exterior lighting shall be minimized where possible to avoid unnecessary lighting of architectural and landscape features while providing adequate illumination for safety and accessibility. 6.3.3.4 When considering electronic products, the District will include in its specifications that for products where U.S. EPA Energy Star certification is available, the products must meet the latest Energy Star certification standards, whenever practicable. The District shall specify that desktop computers, notebooks and monitors purchased meet, at a minimum, all Electronic Product Central Contra Costa Sanitary DisInet -Purchasing Policies and Procedures Chapter 6 - Environmentally Preferable Purchasing Policy Page 6 -3 of 6 -1 I Environmental Assessment Tool (EPEAT) environmental criteria designated as "required" as contained in the IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products, whenever practicable. 6.3.3.5 The District shall purchase water - saving products whenever practicable. This includes, but is not limited to, high - performance fixtures like toilets, urinals, low -flow faucets and aerators, and upgraded irrigation systems when potable water is used for irrigation. 6.3.4 Green Building 6.3.4.1 All building and renovations undertaken by the District shall follow Green Building Practices for design, construction, and operation, whenever practicable, as described in the LEEDTm Rating System. 6.3.5 Landscaping 6.3.5.1 All landscape renovations, construction and maintenance performed by the District, including workers and contractors providing landscaping services for the District, shall employ Bay - Friendly Landscaping or sustainable landscape management techniques for design, construction and maintenance whenever practicable, including, but not limited to, integrated pest management, grass cycling, drip irrigation, composting, and procurement and use of mulch and compost that give preference to those produced from regionally generated plant debris and /or food waste programs. 6.3.5.2 Plants should be selected to minimize waste by choosing species for purchase that are appropriate to the microclimate, species that can grow to their natural size in the space allotted them, and perennials rather than annuals for color, whenever practicable. Native and drought - tolerant plants that require no or minimal watering once established are preferred, except in cases where recycled water is available. 6.3.5.3 Hardscapes and landscape structures constructed of recycled content materials are encouraged. The District shall limit the amount of impervious surfaces in the landscape, wherever practicable. Permeable substitutes, such as permeable asphalt or pavers, are encouraged for walkways, patios and driveways. 6.3.6 Toxics and Pollution 6.3.6.1 The District shall purchase and use, and require janitorial contractors to supply and use, industrial and institutional cleaning products that meet Green Seal or EcoLogo certification standards for environmental preferability and performance whenever practicable. 6.3.6.2 To the extent practicable, the District shall purchase, or require janitorial contractors to supply, vacuum cleaners that meet the requirements of the Carpet and Rug Institute "Green Label' Testing Program — Vacuum Cleaner Criteria, are capable of capturing 96% of particulates 0.3 microns in size, Ccnn'al Contra Costa Sanitary District - Purchasing Policies and Procedures Charier 6 - Environmentally Preferable Purchasing Policy Page 6 -4 of 6-11 and operate with a sound level less than 70clBA. Where practicable, other janitorial cleaning equipment shall be capable of capturing fine particulates, removing sufficient moisture so as to dry within 24 hours, operate with a sound level less than 70clBA, and use high- efficiency, low- emissions engines. 6.3.6.3 The use of micro fiber cleaning cloths that capture fine particulates using fewer wetting agents shall be phased in whenever practicable. 6.3.6.4 Whenever practicable, the use of chlorofluorocarbon and halon- containing refrigerants, solvents and other products known to contribute to the depletion of the ozone layer shall be phased out and new purchases of heating /ventilating /air conditioning, refrigeration, insulation and fire suppression systems shall not contain them. 6.3.6.5 All surfactants and detergents shall be readily biodegradable and shall not contain phosphates, whenever practicable. 6.3.6.6 When maintaining buildings and landscapes, the District shall manage pest problems through prevention and physical, mechanical and biological controls, whenever practicable. The District may either adopt and implement an organic pest management policy and practices or adopt and implement an Integrated Pest Management (IPM) policy and practices using the least toxic pest control as a last resort only after safer approaches or products have been determined to be ineffective. 6.3.6.7 When maintaining buildings, the District shall use products with the lowest amount of volatile organic compounds (VOCs), highest recycled content, and low or no formaldehyde when practicable when purchasing materials such as paint, carpeting, flooring, adhesives, furniture and casework. 6.3.6.8 The District shall reduce or eliminate its use of products that contribute to the formation of dioxins and furans, whenever practicable. This includes, but is not limited to: • Purchasing paper, paper products, and janitorial paper products that are unbleached or that are processed without chlorine or chlorine derivatives, whenever practicable. • Prohibiting purchase of products that use polyvinyl chloride (PVC) such as, but not limited to, office binders, furniture, flooring, and medical supplies, whenever practicable. 6.3.6.9 The District shall purchase products and equipment with no lead or mercury whenever practicable. For products that contain lead or mercury, the District shall give preference to those products with lower quantities of these metals and to vendors with established lead and mercury recovery programs, whenever practicable. The District shall also seek to replace existing products that contain mercury whenever practicable. 6.3.6.10 When replacing vehicles, the District shall consider less- polluting alternatives to diesel such as compressed natural gas, bio -based fuels, hybrids, electric batteries, and fuel cells, whenever practicable. Central Contra Costa Sanilary District - Purchasing Policies and Procedures Chapter 6 - F.m ironmentalIy Preferable Purchasing Policy Page 6 -5 of 6 -11 6.3.7 Forest Conservation 6.3.7.1 To the greatest extent practicable, the District shall not procure wood products such as lumber, paper, furniture and fixtures that originate from forests harvested in an environmentally unsustainable manner. 6.3.7.2 The District encourages the purchase or use of previously used or salvaged wood and wood products whenever practicable. 6.3.8 Bio -Based Products 6.3.8.1 Vehicle fuels made from non -wood, plant -based contents such as vegetable oils are encouraged whenever practicable. 6.3.8.2 Paper, paper products and construction products made from non -wood, plant -based contents such as agricultural crops and residues are encouraged whenever practicable. 6.3.8.3 Bio -based plastic products that are biodegradable and compostable, such as bags, film, food and beverage containers, and cutlery, are encouraged whenever practicable. 6.3.8.4 Compostable plastic products purchased shall meet American Society for Testing and Materials (ASTM) standards as found in ASTM D6400 -04. Biodegradable plastics used as coatings on paper and other compostable substrates shall meet ASTM D6868 -03 standards. 6.3.8.5 Proof of compliance with ASTM standards for compostable, biodegradable and degradable plastic products shall be provided by vendors of such products, upon request. One acceptable proof of compliance for compostable plastic products will be certification by the Biodegradable Products Institute (BPI). 6.4 Priorities 6.4.1 The health and safety of workers and citizens is of utmost importance and takes precedence over all other policies. 6.4.2 The District has developed a successful recycling system and recognizes that recycled content products are essential to the continuing viability of that recycling system and for the foundation of an environmentally sound production system. Therefore, to the greatest extent practicable, recycled content shall be included in products that also meet other specifications, such as chlorine free or biobased. Central Contra Costa Sanitary District - Purchasing Policies and Procedures Chapter 6 - Environmentally Preferable Purchasing Policy Paee 6 -6 of 6 -11 6.4.3 Nothing contained in this policy shall be construed as requiring a department, purchaser or contractor to procure products that do not perform adequately for their intended use, exclude adequate competition, or are not available in a reasonable period of time. 6.4.4 Nothing contained in this policy shall be construed as requiring the District, department, purchaser or contractor to take any action that conflicts with local, state or federal requirements. 6.5 Implementation 6.5.1 The Purchasing & Materials Manager, or designee, shall implement this policy in coordination with the General Manager and appropriate District personnel. 6.5.2 Implementation of this policy will be phased based on available resources and District priorities. 6.5.3 The District shall ensure that wherever practicable, specifications are developed or amended to provide for the expanded use of environmentally preferred products such as: durable products, reusable products, energy efficient products, low pollution products, products (including those used in services) that contain the maximum level of post- consumer waste and /or recyclable content, and products that provide minimal impact to the environment. 6.5.4 The District's Green Team is composed of members from across the organization. They will assist to implement this policy within their departments and recommend ways and means of improving environmentally preferable procurement. 6.5.5 Every department is responsible for ensuring that any of its employees who have been issued credit cards are fully aware of their responsibilities under this policy. No purchase, including those made on the District's credit cards, is exempt from this policy. 6.5.6 As applicable, successful bidders shall certify in writing that the environmental attributes claimed in competitive bids are accurate. In compliance with State law, vendors shall be required to specify the minimum or actual percentage of recovered and post consumer material in their products, even when such percentages are zero. 6.5.7 If the buyer making the selection from competitive bids or the requesting department seek to purchase products that do not meet the environmentally preferable purchasing criteria in this policy, the buyer or department shall provide written justification for these product choices upon request. 6.5.8 If a vendor that is under contract with the District for providing products and /or services that have environmentally preferable specifications and is no longer able to provide these products and /or services, the vendor shall notify the Purchasing and Materials Manager and provide written justification explaining why compliance is not practical. Prior consent from the Purchasing and Materials Manager, Central Contra Costa Sanitary District - Purchasing Policies and Procedures Chapter 6 - Environmentally Preferable Purchasing Policy Page 6 -7 of 6 -11 or authorized District representative, shall be required before substituting any alternative product/service to any District employee. 6.5.9 Purchasers shall include businesses certified by the Bay Area Green Business Program in requests for products and services where practicable. 6.5.10 Vendors, contractors and grantees shall comply with applicable sections of this policy for products and services provided to the District, where practicable. 6.6 Proqram Evaluation 6.6.1 The Purchasing & Materials Manager, or designee, shall periodically evaluate the success of this policy's implementation. 6.7 Definitions 6.7.1 "American Society for Testing and Materials" means ASTM International, an open forum for the development of high quality, market relevant international standards use around the globe. 6.7.2 "Bay Area Green Business Program" is a partnership of governments and businesses that certifies the environmental performance of government agencies and businesses. 6.7.3 "Bay- Friendly Landscaping" means working with the natural ecosystems of the San Francisco Bay Area to foster soil health, to reduce runoff and pollution, prevent and reuse plant waste, conserve water and other natural resources. Bay - Friendly Landscaping practices are described in the Bay - Friendly Landscape Guidelines, by StopWaste.Org. 6.7.4 "Bio -Based Products" means commercial or industrial products (other than food or feed) that utilize agricultural crops or residues but does not include products made from forestry materials. 6.7.5 "Biodegradable plastic" means the degradation of the plastic must occur as a result of the action of naturally occurring microorganisms. 6.7.6 "Biodegradable Products Institute" (BPI) is a multi - stakeholder association of key individuals and groups from government, industry and academia, which promotes the use, and recycling of biodegradable polymeric materials (via composting). BPI does not create standards but certifies products that demonstrate they meet the requirements in ASTM D6400 or D6868, based on testing in an approved laboratory. 6.7.7 "Buyer" means anyone authorized to purchase or contract for purchases on behalf of the District or its subdivisions. Central Contra Costa Sanitary District - Purchasing Policies and Procedures Chapter 6 - Environmentally Preferable Purchasing Policy Page 6-8 of 6-11 6.7.8 "The Carpet and Rug Institute" (CRI) is the national trade association representing the carpet and rug industry. CRI has developed and administered the "Green Label" indoor air quality testing and labeling program for carpet, adhesives, cushion materials and vacuum cleaners. The "Green Label Plus" testing program incorporates additional requirements to meet California's Collaborative for High Performance Schools low emitting materials criteria. 6.7.9 "Chlorine free" means products processed without chlorine or chlorine derivatives. 6.7.10 "Compostable plastic" means plastic that is biodegradable during composting to yield carbon dioxide, water and inorganic compounds and biomass, at a rate consistent with other known compostable materials and leaves no visually distinguishable or toxic residues. 6.7.11 "Contractor" means any person, group of persons, business, consultant, designing architect, association, partnership, corporation, supplier, vendor or other entity that has a contract with the District or serves in a subcontracting capacity with an entity having a contract with the District for the provision of goods or services. 6.7.12 "Degradable plastic" means plastic that undergoes significant changes in its chemical structure under specific environmental conditions. 6.7.13 "Dioxins and furans" are a group of chemical compounds that are classified as persistent, bioaccumulative, and toxic by the U.S. Environmental Protection Agency (EPA). 6.7.14 "Electronic Product Environmental Assessment Tool" (EPEAT) is a procurement tool to help institutional purchasers in the public and private sectors evaluate, compare and select desktop computers, notebooks and monitors based on their environmental attributes. Under EPEAT, manufacturers declare their products' conformance to a comprehensive set of environmental criteria in eight environmental performance categories. The operation of EPEAT and the environmental criteria are contained in the public standard IEEE 1680. 6.7.15 "Energy Efficient Product" means a product that is in the upper 25% of energy efficiency for all similar products, or that is at least 10% more efficient than the minimum level that meets State of California efficiency standards and State Title 24. 6.7.16 "Energy Star" means the U.S. EPA's energy efficiency product labeling program. 6.7.17 "Environmentally Preferable Products and Services" means products and services that have a lesser or reduced effect on human health and the environment when compared to other products and services that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse operation, maintenance, or disposal of the product or service. Cenual Contra Costa Sanitary District — Purchasing Policies Lind Procedures Chapter 6 — Environmemally Prercrable Purchasing Policy Page 6 -9 of 6-11 6.7.18 "Federal Energy Management Program" (FEMP) is a program of the Department of Energy that issues a series of Product Energy Efficiency Recommendations that identify recommended efficiency levels for energy -using products. 6.7.19 The "Forest Stewardship Council" is a global organization that certifies responsible, on -the- ground forest management according to rigorous standards developed by a broad variety of stakeholder groups. 6.7.20 "Green Building Practices" means a whole- systems approach to the design, construction, and operation of buildings and structures that helps mitigate the environmental, economic, and social impacts of construction, demolition, and renovation. Green Building Practices such as those described in the LEEDTm Rating System, recognize the relationship between natural and built environments and seeks to minimize the use of energy, water, and other natural resources and provide a healthy productive environment. 6.7.21 "Green Seal" is an independent, non - profit environmental labeling organization. Green Seal standards for products and services meet the U.S. EPA's criteria for third -party certifiers. The Green Seal is a registered certification mark that may appear only on certified products. 6.7.22 "Integrated Pest Management (IPM)" is an ecosystem -based strategy that focuses on long -term prevention of pests or their damage through a combination of techniques such as biological control, habitat manipulation, modification of cultural practices, and use of resistant varieties. Pesticides are used only after monitoring indicates they are needed according to established guidelines, and treatments are made with the goal of removing only the target organism. Pest control materials are selected and applied in a manner that minimizes risks to human health, beneficial and nontarget organisms, and the environment. 6.7.23 "LEEDTm Rating System" means the most recent version of the Leadership in Energy and Environmental Design (LEEDTM) Commercial Green Building Rating System, or other related LEEDTM Rating System, approved by the U.S. Green Building Council and designed for rating new and existing commercial, institutional, and high -rise residential buildings. 6.7.24 "Organic Pest Management" prohibits the use and application of toxic chemical pesticides and strives to prevent pest problems through the application of natural, organic horticultural and maintenance practices. All pest control products shall be in keeping with, but not limited to, those products on the approved list of California Certified Organic Foods (CCOF) 6.7.25 "Post Consumer Material" means a finished material which would normally be disposed of as a solid waste, having reached its intended end -use and completed its life cycle as a consumer item, and does not include manufacturing or converting wastes. Central Contra Costa Sanitary District - Purchasing Policies and Procedures Chapter 6 - Environmentally Preferable Purchasing Policy Page 6 -10 of 6-11 6.7.26 "Practicable" and "Practical" mean whenever possible and compatible with local, state and federal law, without reducing safety, quality, or effectiveness and where the product or service is available at a reasonable cost in a reasonable period of time. 6.7.27 "Preconsumer Material" means material or by- products generated after manufacture of a product is completed but before the product reaches the end -use consumer. Preconsumer material does not include mill and manufacturing trim, scrap, or broke which is generated at a manufacturing site and commonly reused on -site in the same or another manufacturing process. 6.7.28 "Recovered Material" means fragments of products or finished products of a manufacturing process, which has converted a resource into a commodity of real economic value, and includes preconsumer and post consumer material but does not include excess resources of the manufacturing process. 6.7.29 "Recycled Content" means the percentage of recovered material, including preconsumer and post consumer materials, in a product. 6.7.30 "Recycled Content Standard" means the minimum level of recovered material and /or post consumer material necessary for products to qualify as "recycled products." 6.7.31 "Recycled Product" means a product that meets the District's recycled content policy objectives for post consumer and recovered material. 6.7.32 "Remanufactured Product" means any product diverted from the supply of discarded materials by refurbishing and marketing said product without substantial change to its original form. 6.7.33 "Reused Product" means any product designed to be used many times for the same or other purposes without additional processing except for specific requirements such as cleaning, painting or minor repairs. 6.7.34 "Source Reduction" refers to products that result in a net reduction in the generation of waste compared to their previous or alternate version and includes durable, reusable and remanufactured products; products with no, or reduced, toxic constituents; and products marketed with no, or reduced, packaging. 6.7.35 "U.S. EPA Guidelines" means the Comprehensive Procurement Guidelines established by the U.S. Environmental Protection Agency for federal agency purchases as of May 2002 and any subsequent versions adopted. 6.7.36 'Water-Saving Products" are those that are in the upper 25% of water conservation for all similar products, or at least 10% more water - conserving than the minimum level that meets the Federal standards. Central Contra Costa Sanitary District — Purchasing Policies and Procedures Chapter 6 — Environmentally Preferable Purchasing Policy Page 6-11 of 6-11 I 7.a. Environmentany Preferable Purchasing_ Policy Stephanie King September 17, 2009 What is Environmentally Preferable Purchasing (EPP)? ■ Purchasing products or services that have a lesser or reduced effect on human health and the environment when compared with competing products o,r services t__hat- saerue the; 'd same. purpose. x 1 Why buy environmentally preferable products and services? • "Buy recycled" is not enough anymore. • There are a variety of environmental considerations: • energy and water efficiency • toxic content • manufacturing processes • packaging and distribution • life cycle analysis hazardous, materlals;.`c money-,= icyY z s &' `safety for workers;'reduce' serve- 'resour_.ces,vand -save��' Q- What will this cost the District? n. However, if'a purchase that costs. more is of value toathe .District's mission andy goals, it. may considered` by the Budget and Finance Committee Tor approval _ e F r Specify Independently Certified Goods & Services 152,, —•° Green •Seal -(tow= toxicity-cleaners- paints) .. s = 4, ;t • Environmental Choice (Canada EcoLogo) • EPEAT (green computers) EcoLogo � 13 • Green -e (renewable energy) • USDA Organic / Fair Trade • Energy Star (energy- efficient office equipment, ° °L°i CFLs and appliances) ■ EcoWise (safer pest management) USDA '� '• Forest Stewardship Council>(lumber building , �a ._crS �s products made with sus'tainably harvested�wood) Green Guard for•Childreh,and Schools (low emitting, 11 - materials) cis) I ��j[Lf[d�Y� FSC NORM k Conclusion it and x 4� ,e K, Questions or Comments? 4 t � tia n F 2�M h } } ar x� 4 t � tia n rvk x Ia- 4 6-0.,d) Central Contra Costa Sanitary District September 11, 2009 TO: BUDGET AND FINANCE COMMITTEE /BOARD OF DIRECTORS VIA: JAMES KELLY, GENERAL MANAGER il FROM: RANDALL MUSGRAVES, DIRECTOR OF ADMINISTRATION MA DEBBIE RATCLIFF, CONTROLLER /X - ANN E. FARRELL, DIRECTOR OF ENGINEERING SUBJECT: SEWER SERVICE CHARGE INCREASES AND RELATED BOND FINANCING OPTIONS BACKGROUND At the Board meeting on September 3, 2009 staff reviewed the need for large sewer service charge increases and /or bond financing to fund needed capital projects. Staff presented some very preliminary figures to illustrate the difference in sewer service charge increases needed with and without bond financing. These figures were similar to those reviewed with the Capital Projects Committee at its August 4, 2009 meeting. The Capital Projects Committee considered the potential issuance of $30 million bonds to fund capital projects at its August 4, 2009 meeting and recommended the concept for full Board consideration when they reported out at the Board meeting of August 6, 2009. The Board was advised that a 3 -2 vote would be required to approve the selling of bonds. After hearing this preliminary information, the full Board concurred that they wished to hear more about the advantages and disadvantages of bond financing. Based on this, staff developed a list of projects that could be bond funded and began discussion with Bond Counsel regarding the process and schedule for selling bonds. Staff has had preliminary discussions with Bond Counsel and has developed a schedule which indicates that bond sales can occur approximately two weeks after the Board approves the needed resolutions. If the Board provides direction to staff to proceed with bond funding at the October 1, 2009 Board meetings, the appropriate resolutions could be brought back to the Board on October 15, 2009, in time to allow sale of bonds before the planned award of the Collection System Operations Improvement Project on November 5, 2009. Staff has developed additional information on the relative sewer service charge increases with and without bonds as presented below and will be available to discuss this information at the September 17, 2009 Board meeting. Staff will plan to come back to the October 1, 2009 Board meeting to discuss the bond sale process and answer any other questions the Board may have related to bond financing. PROJECTS SUITABLE FOR BOND FINANCING Staff has conferred with Bond Counsel and determined that the concept of preparing for a bond issuance of up to $40 million and selling bonds in phases is not possible with the process we will be using. Staff has also been reminded that a three year arbitrage limit applies to the bond proceeds. This means that all bond proceeds must be spent on needed projects within three years of receipt. Therefore, it is important to establish the appropriate amount of bonds to sell in an initial offering. Staff has reviewed the project listing for potential bond financing presented previously and subtotaled the projects that are either under construction or can be ready to bid within 18 months. This listing is attached. There are approximately $30 million in projects that fit these criteria. If bids come in low so that these projects do not utilize the entire $30 million, there are several pipeline capacity projects that would have the design completed and be bid within the time frame necessary to meet the three -year arbitrage requirements on the bonds. A previous listing of projects for bond funding included potential seismic upgrade projects of up to $6.2 million. However, these projects are currently ill- defined. If we are not able to pay as you go when these projects are better defined, a separate bond issuance could be considered. The previous listing also included the Concord Recycled Water Project for which we have applied for a Title 16 grant from the U.S. Bureau of Reclamation and must finance the remaining 75% of the project if the 25% grant is received. This project has also been submitted for a State Revolving Fund (SRF) Loan. If an SRF loan is not available, then bonds could be issued to fund the District $5.4 million share of this project if a grant is received. The Board is reminded that the Concord Recycled Water Project is not currently included in the District Capital Budget. RELATIVE SEWER SERVICE CHARGE INCREASES NEEDED WITH AND WITHOUT BONDS Staff has been unable to provide the Board firm numbers on relative sewer service charge increases because the end of year audit is still under way and figures for important components of the analysis are fluid at this time. However, based on the best currently available information staff has developed three options. The Board is cautioned that these numbers are likely to change modestly as we approach the November Capital Planning Workshop and the January Financial Planning Workshop. However, the relative difference between the required sewer service charge increases with bond financing as compared to the larger sewer service charge increases without bond financing should remain similar to what is presented herein. The three options developed for the Board's review assume a right -sized Capital program which funds all needed projects but includes some assumptions for bid savings and some deferrals of discretionary projects included in the adopted FY 2009 -10 Capital Improvement Budget and Plan. The total ten -year expenditures total $313 million for the right -sized program as compared to $331.5 million in the adopted FY 2009 -10 Capital Plan. All options include a $1 million tax "borrow" by the State on the revenue side of the equation which is not repaid. The options are as follows: 1) Pass SSC increases as necessary to fund the recommended Capital Program. 2) Pass SSC increases as necessary to fund the recommended Capital Program except that $3 million of expenditures is moved from 2010 -11 to 2011 -12 and 2012 -13 to spread the expenditures so that the large needed SSC increase is also spread between two fiscal years. 3) Combine a more modest SSC increase with a sale of $30 million in bonds. The results generated by the financial model using the most up to date assumptions are shown in the below table: Annual SSC Increase Option 2009 -10 Bond 2009- 10 2010- 11 2011- 12 2012- 13 2013- 14 2014- 15 2015- 16 2016- 17 2017- 18 2018- 19 Total 10 -yr increase 1 No $- $50 $12 $10 $10 $10 $9 $9 $9 $9 $128 . 2* No $- $32 $32 $12 $11 $11 $11 $11 $11 $10 $141 3 $30 million $- $17 $17 $17 $16 $16 $16 $16 $16 $16 $147 *$3 million in expenditures deferred from 2010 -11 to 2011 -12 and 2012 -13 to spread large SSC increase over two years As shown in the table, the sale of bonds significantly reduces the sewer service charge increases needed in the first two years of the ten -year window. After the first two years, the SSC increases with bond financing are greater than those without, due to the time value of money and the added interest costs from the bonds. Over the ten year period, the actual SSC increase is greater with bond financing than without. At approximately fiscal year 2016 -17 the SSC would be the same for either scenario and in future years the SSC for the bond option would increase more quickly than that for the non -bond option. Under all options, a significant increase in the SSC is required each of the next ten years (4 -5% per year) to meet District operational and capital program needs. It should be noted that these increases are estimates and may be understated depending on what actual increases in benefit costs are over the next ten years. RECOMMENDATION Staffs primary recommendation is that the Board funds the right -sized Capital Program fully. This will require either significant SSC rate increases in the next two years and modest rated increases for the following years or somewhat more modest rate. increases for the next two years, if $30 million in bonds are sold. A commitment to one or the other course of action is needed prior to awarding the construction contract for the Collection System Operations Improvements Project. This project in combination with the other large needed projects on the attached project listing drive the need for either a significant rate increase over the next two years or a more modest increase and selling of $30 million in bonds. Z_ U Z Q z z m z 0 J J_ M E!4 0 LL co W i O a J H Z w 0 a 01 0 O N L d E d CL d Al H Z 0 w m C cu C 0 C C 0 Oc U 0.2 m 0 m 5 a- aa) 0) 0 0 (D W 0 0 fj) 0 a) Z = Z uJ �-- 0 V O O O O O O O 7 (n m Z O Om o O) C) O 0 0 N 0 Zr- rn 0 Do rn 0 O� M aUO3� M CO (V � M Q IV w C7 � Z Z~ 00 0 0 0 0 0 0 00 0 aZN o0 00 0 0 0 Wa 00 0 0 0 m 0 0 0 0 00 0 O° Ix X i C6 r N 1- CL c- w 6R 69 69 69 W 64 b4 H H 00 0 0 0 0 00_ LL CO) 00 O ui O o O 0 DO °v , O r O It ER 69 b9 E9 E!3 w O O 01 * O N to M CA �Q N LO o r o ° Q Z o m Cc Q t 7 `- O LO (u E p U w m N N N N N 0) N 02 f- f- 00 00 r- In +� C aZ 0 0 0 0 0 0 Zcn ca O C U O C r U ^a)` W > Z cu � ;� m ^ w J m o N cr U -a � Co i 'O~ a N o.c C-) o o•- - a> w N m U�-�o a U °�v`�ia) �}� CY) ii> 0+ ca C �ya°i� _ U a) c = (n LL cog = 0 � a) a) N •Q-� 00 Q W .i J Q O ` r r N i C Q o �a� o cV} O N m W N N N 8.a.1&2 Sewer Service Charge Increases and Related Bond Financing Options Board Presentation September 17, 2009 Update on Magnitude of Needed FY 2010 -11 SSC Increase • Revenues continue to decline — No SSC increase in 2009 -10 — Partial loss of ad valorem tax — Deferral of connection fees — Reduced development fees and SSC over ctr — Low interest on investments Projected 2010 -11 SSC increase grows — $32 per year 2010 -11 and 2011 -12 with right -sized Capital Program — Approximately $11 per year following eight years (2012 -13 to 2019 -20) 1 Alternatives to Maintain District Operations and Right -Sized Capital Program.... • Alternative 1 - Significant Sewer Service Charge increases next 2 years and modest increases following years........ • Alternative 2 - Selling of bonds to finance needed Capital Projects and more modest SSC increases next 2 years and beyond...... Advantages /Disadvantages of Bond Financing Advantages:....... • Allows District to take advantage of extremely competitive bid climate by moving forward with needed Capital projects • Spreads costs over current and future rate payers for long lived projects instead of having current rate payers bear entire cost • Allows cost effective refinancing of current $24.4 M debt by spreading adman fees Disadvantages...... • Significantly increases total project cost due to interest on bonds • Debt repayment can become a financial burden and reduce ability to provide needed services if the selling of bonds is abused (CCCSD has AAA rating in part due to limited use of bonds) A . - 6 r� What is Right -Sized Capital Program and Recommended Bond Size • Right -sized Capital Program $313 million over next ten years (reduced from $331.5 M) • Bond finance Projects which benefit present and future rate payers next three years = —$30 million net proceeds needed — Standby Power — Sludge Loading — HHWCF Improvements — CSO Facility Improvements — A -line Easements — Wet Weather Bypass CCCSD RIGHT- SIZED CAPITAL PROGRAM POTENTIAL PROJECTS FOR NET $30 MILLION BOND FINANCING September 2009 FISCAL PROJECT PROJECT AWARD SOFT REMAINING PROJECT COMMENTS YEAR TITLE NUMBER DATE COSTS EXPENDITURES COSTS FOR BOND I FINANCING 2009110 Sludge Loading DP 7260 521/08 $ 705,000 $ 4,000." $ 4,705,000 Need Board Facility Resolution Standby Power OF 7248 5115109 S 410,000 $3,500," $ 3,910,000 Need Board Resolution HHWCF DP 6216 11/09' $ 40,000 S $00,000 S 840,000 In uded N Boad Imprpvements Resolution CSO Faddy OP 8208 10109' $1,800,000 $15.000,000 $16,800,000 Impno menla 2010111 Wet Weather OF 7241 5/10' $ 340,000 $ 2,650,000 S 2,990,000 Bypass A.Line DP 5967 WA .... $ 1,000,000 S 1,000,000 Easement Acquisition Subtotal $30,245,000 2010111 Pipeline Capaaty Not Various to - -.. up to $11,100,000 Up to and Projects (Bond assigned meet 3 year $11,100,000 2011112 Manced as needed arbitrage to spend mite S30 Constraint maion) Total $41,345,000 Yrojactee 3 '$3 million in expenditures deferred from 2010 -11 to 2011 -12 and 2012 -13 to spread large SSC increase over two years Staff Recommendation • Fund Right -Sized Capital Program • Mitigate Rate Impacts to Public for Next Several Years by Issuing Bonds to net $30 million in- November 2009 • Raise Rates in June 2010 and Subsequent Years to Make up Difference ....... Estimated $17 SSC Increase Will be Needed Each Year for at Least Three Years....... Annual SSC Increase with and without $30 million net Bond proceeds Option 2009- 2003 2010- 2011- 2012- 2013- 2014- 2015- 2016- 2017- 2018- Total 10 -yr 10 10 11 12 13 14 15 16 17 18 19 increase Bond 1 No $- $50 $12 $10 $10 $10 $9 $9 $9 $9 $128 2' No $- $32 $32 $12 $11 $11 $11 $11 $11 $10 $141 3 Net $- $17 $17 $17 $16 $16 $16 $16 $16 $16 $147 $30 million '$3 million in expenditures deferred from 2010 -11 to 2011 -12 and 2012 -13 to spread large SSC increase over two years Staff Recommendation • Fund Right -Sized Capital Program • Mitigate Rate Impacts to Public for Next Several Years by Issuing Bonds to net $30 million in- November 2009 • Raise Rates in June 2010 and Subsequent Years to Make up Difference ....... Estimated $17 SSC Increase Will be Needed Each Year for at Least Three Years....... Next steps.... • Sept 17, 2009 — Presentation of SSC rates with and without net $30 M in bond sales to fund right -sized Capital program • Sept 17, 2009 — Adopt resolution to allow retroactive funding of several major capital projects under construction, if bonds are sold - Motion /vote needed • October 1, 2009 — Return to Board to discuss details of bond sale process, including benefits of refinancing current debt • October 15, 2009 — Return to Board with position paper to consider bond sale to net $30 million in proceeds • November 5, 2009 — Consider position paper for award of CSO Improvements project to low bidder Questions ? ? ?? Additional Information Needed October 1, 2009 ? ? ? ? ? ? ? ?? 5 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 17, 2009 No.: 8.a.2) Budget and Finance Type of Action: ADOPT RESOLUTION Subject: ADOPT RESOLUTION DECLARING INTENTION TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF OBLIGATIONS WHICH MAY BE ISSUED BY CENTRAL CONTRA COSTA SANITARY DISTRICT Submitted By: Initiating Dept. /Div.: Debbie Ratcliff, Controller Administrative /Finance & Accounting REVIEWED AND RECOMMENDED FOR BOARD ACTION: D. Ratcliff K. Mg4graves James elly, General Manager ISSUE: Approval and authorization of the Board of Directors is required to declare intent to reimburse expenditures from the proceeds of obligations which may be issued by the District. RECOMMENDATION: Adopt a resolution declaring intention to reimburse expenditures from the proceeds of obligations which may be issued by the District FINANCIAL IMPACTS: The District will be able to reimburse all expenditures going back 60 days prior to the adoption of the resolution for the Standby Power Facility Improvements Project, the Solids Handling Improvements Project and the Household Hazardous Waste Collection Facility Improvements Project. These three projects total approximately $1.0,915,000 for which approximately $9.8 million could be reimbursed to the District. ALTERNATIVES /CONSIDERATIONS: The District could issue bonds to cover only . future construction costs of_the previously named projects. Staff does not recommend this, as it is advantageous for the District to reimburse itself for previous costs on three projects due to arbitrage constraints. BACKGROUND: Over the last few months, staff has presented different scenarios on Sewer Service Charge increases as well as debt financing to partially cover the cost of the Capital Improvement Program. Staff will be seeking Board direction regarding obtainment of bond financing of Revenue Certificates of Participation (up to $40 million). Resolutions required for bond financing will be submitted to the Board on October 1, 2009, if the Board decides to seek bond financing. The attached resolution is required under Federal Tax Law for reimbursement of prior project costs (60 days) and is commonly referred to as a 'Reimbursement Resolution." Once the Board adopts the resolution, the District will be permitted to reimburse itself from the proceeds of the Certificates of Participation (if issued) for costs expended by N:\ADMINSUP\ADMIN \POSPAPER \Reimburse Expenditures from Proceeds of Obligations 9- 17- 09.doc Page 1 of 2 POSITION PAPER Board Meeting Date: September 17, 2009 subject. ADOPT RESOLUTION DECLARING INTENTION TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF OBLIGATIONS WHICH MAY BE ISSUED BY CENTRAL CONTRA COSTA SANITARY DISTRICT the District for the Standby Power Facility Improvements Project, the Solids Handling Improvements Project and the Household Hazardous Waste Collection Facility Improvements Project prior to the issuance of the Certificates. Adoption of the resolution does not obligate the District to complete the financing and issuance of the Certificates, but simply protects the District's ability under Federal Tax Law to reimburse project costs from Certificate proceeds. This is advantageous to the District in complying with Federal arbitrage requirements. The Resolution is recommended to allow the project costs for these three projects to be reimbursed if the sale of Revenue Certificates of Participation is pursued. RECOMMENDED BOARD ACTION: Adopt a resolution declaring intention to reimburse expenditures from the proceeds of obligations which may be issued by the District. 1 N:\ADMINSUP\ADMIN \POSPAPER \Reimburse Expenditures from Proceeds of Obligations 9- 17- 09.doc Page 2 of 2 RESOLUTION NO. A RESOLUTION DECLARING INTENTION TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF OBLIGATIONS WHICH MAY BE ISSUED BY CENTRAL CONTRA COSTA SANITARY DISTRICT WHEREAS, by the Board of Directors of the Central Contra Costa Sanitary District (the "District'): WHEREAS, the District proposes to undertake the projects referenced below, to enter into an installment sale financing using certificates of participation (referred to herein as the "Certificates ") for such projects, and to use a portion of the proceeds of such Certificates to reimburse expenditures made for the projects prior to the issuance of Certificates; WHEREAS, United States Income Tax Regulations section 1.150 -2 provides generally that proceeds of tax - exempt obligations are not deemed to be expended when such proceeds are used for reimbursement of expenditures made prior to the date of issuance of such obligations unless certain procedures are followed, one of which is a requirement that (with certain exceptions), prior to the payment of any such expenditure, the issuer declares an intention to reimburse such expenditure from the proceeds of obligations issued after such expenditure has been incurred; and WHEREAS, it is in the public interest and for the public benefit that the District declares its official intent to reimburse the expenditures referenced herein. NOW, THEREFORE, it is hereby DECLARED and ORDERED, as follows: 1. The District intends to cause the Certificates to be executed and delivered for the purpose of paying the costs of and constructing the facilities more particularly described in the attached Exhibit A (the Projects). 2. The District hereby declares that it reasonably expects (i) to pay a portion of the costs of the Projects prior to the date of issuance of the Certificates, and (ii) to use a portion of the proceeds of the Certificates for reimbursement of expenditures for the Projects that are paid before the date of issuance of the Certificates. 3. The estimated costs of constructing the Projects are $10,915,000. The District intends to cause the Certificates to be executed and delivered in a principal amount sufficient to fund the Projects and other capital improvements, as well as the costs of funding a reserve fund for the Certificates, and to pay associated costs of issuing the Certificates. The Certificates may be issued in one or more series, aggregating up to $40 million in principal amount. PASSED AND ADOPTED this 17th day of September, 2009, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the 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: Jones Hall, A Professional Law Corporation Bond Counsel to the District EXHIBIT A Standby Power Facility Improvements Project Description: This project will replace the treatment plant standby power diesel engine generators as required to meet the new regulations and provide enough run time to meet District operational requirements. The new engine generators will generate at 12kv and will simplify the standby power system by eliminating the 4160v / 12kv transformer. The facility building will be modified to accept the new generators and will also be brought up to the current Building Code standards. Additionally a permanent connection point will be constructed for connecting trailer - `mounted generators that will allow greater flexibility for providing reliable power during maintenance activities. Changing to power generation at 12kv will improve the reliability of the plant standby power system because it will eliminate issues related to cross current compensation, kilovolt- ampere buildup and relay trips related to the existing transformer. Feeder cables will be analyzed and likely replaced to improve system reliability. Project Location: Standby Power Facility Building., Project Schedule and Cost: Start Date Planning -- Design 07/01/2005 Construction 07/01/2006 Completion Date 07/01/2006 06/17/2011 Total: Estimated expenditures this FY are Anticipated Allocations this FY are: Total Cost $0 $505,000 $5,100,000 $5,605,000 $3,700,000 $173,000 Solids Handling Improvements Project Description: This work will provide design improvements to the solids processing equipment to meet the ultimate solids capacity needs (Year 2035) as recommended in the final draft of the Solids Handling Facilities Plan. The major goal for this project is to improve dewatered sludge handling capability to address emergency or non - routine operation. The scope of work for this project includes design and construction of a sludge truck loading facility with odor control facilities and with a sludge cake hopper to store sludge cake generated in overnight hours or on holidays when hauling to landfills is not possible. This project has been submitted by the District as a candidate for stimulus funding. Project Location: Solids Conditioning Building. Project Schedule and Cost: Completion Date 03/31 /2007 05/31/2009 06/17/2011 Total: Estimated expenditures this FY are Anticipated Allocations this FY are: Total Cost $10,900 $217,100 $4,242,000 $4,470,000 $3,500,000 $0 Start Date Planning 10/01/2006 Design 03/31/2007 Construction 05/31/2009 Completion Date 03/31 /2007 05/31/2009 06/17/2011 Total: Estimated expenditures this FY are Anticipated Allocations this FY are: Total Cost $10,900 $217,100 $4,242,000 $4,470,000 $3,500,000 $0 HHWCF Improvements Program Project Description: The multi -year program will provide an allowance over the next ten years to renovate and upgrade the interior and exterior of the HHWCF. Anticipated interior and exterior projects include installing radiant heaters in the laboratory area, paving and re- striping the parking lot, installing a dust collection system, expanding the west storage area to accommodate increased participation. When specific projects are identified, separate project budgets, including labor, equipment, and materials will be established in the CIB. Phase 1 of this program, Project No. 8216, will include several interior improvements to accommodate safety concerns and the increase in staff. This project will expand the interior office space, reconstruct the service counter to meet ADA compliance, install security cameras, replace railings, improve the flooring conditions, and add heaters. Project Schedule and Cost: Start Date Planning 06/01/2007 Design 07/01/2007 Construction 10/01/2007 Completion Date 07/01/2007 10/01/2007 06/17/2011 Total: Estimated expenditures this FY are Anticipated Allocations this FY are: Total Cost $26,000 $50,000 $524,000 $600,000 $500,000 $475,000 Note: An Additional $240,000 in seismic improvements may be spent on the HHW Facility. Agenda Item 9.a GRAYSON CREEK REW EMERGENCY REPAIR UPDATE DP 7278 September 17, 2009 STATUS OF PERMANENT REPAIR • Construction activities /schedule • Need Board action 0 1 SCHEDULE AND ACTIVITIES • Contractor is installing pipe supports this week • .Pipe is at the coating yard and will be delivered to jobsite next Monday • Pipe will be operational by September 30 • Clean -up /punch list will be completed October 8 • Working on recovering costs above $250,000 . from our Property Loss Insurance Policy. 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 District Permit) I 0 ;fI RECOMMENDATION • Authorize the General Manager under Public Contract Code 22050 (b) to continue with emergency repairs on the recycled water pipeline at Grayson Creek in Martinez QUESTIONS ?? 3