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HomeMy WebLinkAboutBOARD MINUTES 12-16-04 111 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON DECEMBER 16, 2004 I The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on December 16, 2004. President Lucey called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Menesini, Boneysteele, Nejedly, Hockett, Lucey ABSENT: Members: None a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance to the Flag. b. ELECTION OF DISTRICT BOARD PRESIDENT AND PRESIDENT PRO TEM FOR 2005 It was moved by President Lucey and seconded by Member Nejedly, that Member Hockett be elected President of the District Board of Directors for 2005. Member Hockett was elected by unanimous acclamation. I It was moved by President Lucey and seconded by Member Nejedly, that Member Menesini be elected President Pro Tem of the District Board of Directors for 2005. Member Menesini was elected by unanimous acclamation. 2. PUBLIC COMMENTS None 3. CONSENT CALENDAR It was moved by Member Hockett and seconded by Member Menesini, that the Consent Calendar, consisting of Items a. through h., be approved as recommended; resolutions adopted as appropriate, and recordings duly authorized. a. The contract work for the M2 Sag Renovation Project, DP 5630, by K. J. Woods Construction, Inc., was accepted and filing of the Notice of Completion was authorized. Motion unanimously approved on the following vote: AYES: Members: I NOES: Members: ABSENT: Members: b. Hockett, Menesini, Boneysteele, Nejedly, Lucey None None The contract work for the Rossmoor Sewer Improvements Project Phase 9, DP 5724, was accepted and filing of the Notice of Completion was authorized. Motion unanimously approved on the following vote: 12 -1 6 -0 5 112 AYES: Members: NOES: Members: ABSENT: Members: c. Hockett, Menesini, Boneysteele, Nejedly, Lucey None None Resolution No. 2004-093 was adopted, confirming and levying final assessments and authorizing a Notice of Assessment to be recorded in the Office of the Contra Costa County Recorder for Echo Springs Road Contractual Assessment District (CAD) No. 2001-2, DP 5601. I Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: d. Hockett, Menesini, Boneysteele, Nejedly, Lucey None None Resolution No. 2004-094 was adopted, confirming and levying final assessments and authorizing a Notice of Assessment to be recorded in the Office of the Contra Costa County Recorder for Camille Court Contractual Assessment District (CAD) No. 2002-1, DP 5640. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Menesini, Boneysteele, Nejedly, Lucey None None I Resolution No. 2004-095 was adopted, confirming and levying final assessments and authorizing a Notice of Assessment to be recorded in the Office of the Contra Costa County Recorder for EI Alamo Contractual Assessment District (CAD) No. 2002-2, DP 5675. AYES: Members: NOES: Members: ABSENT: Members: Motion unanimously approved on the following vote: e. Hockett, Menesini, Boneysteele, Nejedly, Lucey None None Resolution No. 2004-096 was adopted, confirming and levying final assessments and authorizing a Notice of Assessment to be recorded in the Office of the Contra Costa County Recorder for La Sonoma Way Contractual Assessment District (CAD) No. 2002-5, DP 5714. f. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Menesini, Boneysteele, Nejedly, Lucey I None None Resolution No. 2004-097 was adopted, confirming and levying final assessments and authorizing a Notice of Assessment to be recorded in the Office of the Contra Costa County Recorder for Via Don Jose Contractual Assessment District (CAD) No. 2002-6, DP 5691. g. 12-16-05 . ----.-----.----.- ---.----------.-------.----- I I I 113 Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Menesini, Boneysteele, Nejedly, Lucey None None h. Resolution No. 2004-098 was adopted, confirming and levying final assessments and authorizing a Notice of Assessment to be recorded in the Office of the Contra Costa County Recorder for EI Pintado Road Contractual Assessment District (CAD) No. 2002-8, DP 5653. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Menesini, Boneysteele, Nejedly, Lucey None None a. 4. HEARINGS CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED ORDINANCE TO AMEND DISTRICT CODE SECTION 6.20.300 SCHEDULE OF REIMBURSEMENT FEES, TO ESTABLISH REIMBURSEMENT FEES FOR APPLICABLE PROPERTIES THAT COULD CONNECT TO DP 5694 OR DP 5732 Mr. Charles W. Batts, General Manager, stated that reimbursement accounts are established for private installers of public sewer lines so they can be repaid for extending the public sewer as additional connections to the line are made. Two sewer project installers have requested that Reimbursement Accounts be established for their sewer projects, and have submitted information documenting the costs of these projects. District staff has reviewed the information and is satisfied that it accurately documents the actual costs of the projects. On November 18, 2004, the Board of Directors set December 16, 2004, as the date to conduct a public hearing to consider Reimbursement Fees for the two projects. Mr. Batts introduced Mr. Michael Penny, Associate Engineer, who stated that public notice was given of the hearing today. Individual letters were sent to installers and owners of the properties. Also public notice was published in the Contra Costa Times as required. The Board is being asked to consider establishing Reimbursement Fees for two sites, Winchester Lane in Martinez and Orchard Estates Drive in Walnut Creek. Mr. Penny described the two sites, the costs, and the calculation of Reimbursement Fees. The allowable costs for the Winchester Lane facility were $41,249.72 and there are two units for a Reimbursement Fee per unit of $20,624.86. In the case of the Orchard Estates Drive facility, the allowable costs were $76,584.50 and there are six units for a Reimbursement Fee per unit of $12,764.08. Mr. Penny stated that staff has reviewed and verified the allowable costs for each account and verified potential connections. Mr. Penny stated that he did receive one telephone call from the property owner at 48 Orchard Estates Drive, Barbara Merrick, who had general questions about the reimbursement process, verification of costs, the potential number of parcels that could connect to this particular project, and other questions about general fees the District has for connecting to the sanitary sewer. Staff would recommend adoption of the proposed ordinance establishing Reimbursement Fees. At 2:06 p.m., President Lucey opened the public hearing to receive comments on a proposed ordinance to amend District Code Section 6.20.300, Schedule of Reimbursement Fees, establishing Reimbursement Fees for the Winchester Lane project and the Orchard Estates Drive project. There being no comments, the public hearing was closed. 12-16-05 114 It was moved by Member Menesini and seconded by Member Hockett, that Ordinance No. 233 be adopted, amending District Code Section 6.20.300 Schedule of Reimbursement Fees, establishing Reimbursement Fees applicable to properties that could directly connect to Project 5694 (Winchester Lane, Martinez) and Project 5732 (Orchard Estates Drive, Walnut Creek) sewers. The motion was unanimously approved on the following vote: AYES: Members: Menesini, Hockett, Boneysteele, Nejedly, Lucey NOES: Members: None I ABSENT: Members: None 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 6. REPORTS a. GENERAL MANAGER 1) Mr. Batts, General Manager, stated that the Clean Water Act establishes the use of waste load allocations as a final means to achieve required water quality. Municipal dischargers have been working with the San Francisco Bay Regional Water Quality Control Board (RWQCB) for several years on the first Total Maximum Daily Load (TMDL) for mercury. The Environmental Protection Agency (EPA) Regional 9 has publicly stated at the RWQCB meeting that the TMDL for mercury for the San Francisco Bay is not approvable because it does not show attainment of the water quality standard in the Basin Plan, and the Waste Load Allocation (WLA) for Wastewater (which includes municipal wastewater) allows for an increase in that point source discharge which Region 9 does not believe is allowable unless there is a reasonable assurance that all other sources will meet their load allocations. Mr. Batts introduced Mr. James M. Kelly, Director of Operations, who stated that as Mr. Batts indicated earlier, the EPA opposed the Mercury TMDL because they felt the water quality objective could not be achieved and because the publicly owned treatment works' (POTW) allocation is too high and should be cut by one third. The RWQCB did approve the Mercury TMDL on September 15, 2004 primarily based on assurances by the RWQCB staff that the Mercury TMDL does meet the regulations. The Mercury TMDL is favorable to the District. Mr. Kelly stated that the District can achieve compliance and meet the numbers laid out in the TMDL. Another aspect of consistent compliance is that the District is asked to assist in studies, and additional pollution prevention measures will be required for dischargers to the District as discussed with the Board at the last two Board Meetings. The next steps now that the EPA has voiced their objection and the RWQCB has approved the Mercury TMDL are for the RWQCB to put together the Administrative Record and forward it to the State Water Quality Control Board. The State Board must consider this within 60 days, probably in the March or April 2005 timeframe. The State Board can either approve the Mercury TMDL or remand it back to the RWQCB and ask that they change it. If the State Board approves the Mercury TMDL, it then goes to the Office of Administrative Law for final review. That is a six to twelve month process. It would then go to the EPA. The EPA can approve the Mercury TMDL or disapprove it. If the EPA disapproves it, the EPA must then prepare its own Mercury TMDL; if the EPA prepares a TMDL, consistent compliance absent further action is at stake for the District. To move the District into consistent compliance could require filtering part or all of the effluent, which would be very 12-16-05 I I I I I 115 expensive; initiating furnace scrubber water treatment; and the District's local limits could become even more strict. Given that summary of where we are in the process, Mr. Kelly stated that District staff has worked with the Bay Area Clean Water Agencies (BACW A). Because the RWQCB has gone forward and developed a very well reasoned TMDL, District staff and BACWA propose to support the RWQCB and the Mercury TMDL. To date, staff has met with the EPA to understand their position and communicate the District's position; staff has met with Waterkeeper and other environmentalists to understand their concerns and staff is trying to address some of those concerns; and staff has met with the State Board to indicate that the District will do its part in providing the administrative record that will allow the State Board to approve the TMDL. Some actions are under way to support the TMDL: a local effects study has begun, BACWA and the District are sponsoring a Risk Management Workshop to inform the public of the issues. In the future, Mr. Kelly recommended that the District actively support the TMDL by meeting with the EPA, State Board and local officials as appropriate; and by testifying before the State Board should that be required. Discussion followed with regard to the content and scope of the proposed Risk Management Workshop, and the elected officials that may be contacted to write a letter of support for the Mercury TMDL. President Lucey thanked Mr. Kelly for the update. 2) Mr. Batts, General Manager, stated that recently, District staff conducted an internal audit of the Concord billing. Three areas were noted where adjustments were needed. First, the flow meter was out of calibration for a period of time and Concord was probably overbilled. Second, Concord was underbilled for their portion of capital projects related to recycled water. Third, Concord was also underbilled for their portion of the recycled water bond repayment. District staff met with City of Concord staff to discuss these adjustments. The net result of the adjustments was that Concord owes the District approximately $600,000. In an effort to resolve this issue, Concord asked that the District review its projections for end of year expense as compared to the amount Concord budgeted for 2004-2005. It appears that due to the short-term savings achieved by the District, Concord's actual bill will be on the order of $600,000 less than they budgeted. This will allow the District to add the underbilled amount and not significantly impact Concord's budget. It was agreed that this payment method would be the intent of both parties to resolve the issue. If the 2004-2005 bill is significantly more than budgeted by Concord, the District will revisit the issue at that time. 3) Mr. Batts, General Manager, reported that Household Hazardous Waste (HHW) Supervisor Elaine Jacobs presented the 2003-2004 HHW Collection Facility Annual Report to the Mt. View Sanitary District Board of Directors at their December 9, 2004 meeting. Mr. Batts stated that on behalf of the Central Contra Costa Sanitary District Board, he thanked Mt. View Sanitary District for their partnership in this important community service. Environmental Services Division Manager Curt Swanson and Senior HHW Technician David Wyatt also attended that meeting. Ms. Jacobs' presentation was well received. Mt. View Sanitary District is pleased with the progress that has been made and expressed appreciation for the reduction in HHW Collection Facility operating costs achieved over the last several years. 4) Mr. Batts, General Manager, reported that the District has completed construction of the last phase of the Rossmoor Sewer Improvements Program. This was a 1 O-year program for the District to assume responsibility of sewers in the Rossmoor community. Development of the 12-16-05 116 5) 6) 7) b. program began in the early 1990's with an agreement being approved in 1995. Construction of the first phase of the sewer improvements began in the summer of that year, and the work was finished in nine construction phases. Project management and engineering of this program was done by District staff in consultation with the Rossmoor Ad Hoc Sewer Transfer Committee and the Golden Rain Foundation. Staff proposes to observe this important milestone at what will be the last annual meeting of the Rossmoor Sewer Transfer Committee in early February at Rossmoor. District staff will work with the Committee to arrange the event. The Board and some retired District employees who worked on the Rossmoor sewer transfer will be invited. Mr. Batts, General Manager, announced that as part of the rehabilitation plans to extend the service lives and minimize capital replacement costs of District concrete structures, Senior Engineer Ba Than will attend the annual World of Concrete Conference in Las Vegas from January 16 through 21, 2005. Funds were included in the 2004-2005 Engineering Training and Conference budget for this. Mr. Batts, General Manager, announced that Associate Engineer Munawar Husain and Assistant Engineer Paul Seitz will be attending the annual Underground Construction Technology Conference in Houston on January 25-27,2005. Again, funds for this conference were included in the 2004-2005 Engineering Training and Conference budget. Mr. Batts, General Manager, announced that the District will be advertising for bids for the 2005 Cured-in-Place-Pipe (CIPP) Project. This project will place a pipe liner inside 2,521 feet of sewers in eight sites in Orinda and Danville. The engineer's estimate for this project is $700,000. 8) Mr. Batts, General Manager, announced that the District will be advertising for bids for the Contra Costa Boulevard Slipline Project. The first phase of this project, that was completed last year, installed approximately 1,500 feet of 30-inch slipline pipe inside the existing 36-inch reinforced concrete pipe sewer in Contra Costa Boulevard between Golf Club Road and Taylor Boulevard in Pleasant Hill. The second phase will install approximately 8,000 feet of slipline pipe inside existing sewers in Contra Costa Boulevard between Chilpancingo Parkway and Gregory Lane in Pleasant Hill. Work will be coordinated with the City of Pleasant Hill and the District's Collection System Operations (CSO) Division. The engineer's estimate for this work is $1.5 million. 9) Mr. Batts, General Manager, reminded the Board that the District's Employee Activities Organization (EAO) is hosting the annual holiday party on Friday, December 17, 2004 at noon at the Pleasant Hill Community Center. Board Members are invited to attend. COUNSEL FOR THE DISTRICT 1) Mr. Kenton L. Aim, Counsel for the District, provided an update on the lawsuit brought by the Contra Costa Times against the City of Oakland, and which was joined by several of the unions on behalf of the City. The lawsuit deals with disclosure of total compensation of employees, other than management employees. There was a newspaper article recently that included a listing of total compensation paid to non-management employees. The trial court decision was that the City of Oakland had to produce that information. The City of Oakland did not appeal, but the intervener unions have appealed. The information was disclosed because the unions were not successful in obtaining a stay for the order disclosing the information. The appellate court took this up on the basis that this is a continuing question that is raised periodically; and therefore, it is appropriate to decide the issue. 12-16-05 I I I .-------------.-----------.----..---- --- --- I I I c. d. 117 President Lucey stated that he feels strongly about this issue. These are public employees and the public is entitled to know everyone's exact salary . SECRETARY OF THE DISTRICT None BOARD MEMBERS 1) 2) 3) 4) Member Nejedly, Chair of the Personnel Committee, reported that he and President Lucey met with staff on December 9, 2004. Member Nejedly distributed notes from the meeting, at which topics of discussion included extending a job offer to fill the vacant Maintenance Technician III, Mechanical position; and updates on Plant Operator staffing, applications for the Staff Engineer positions, and beginning the process for the Management Support/Confidential Group (MS/CG) salary survey. President Lucey, Chair of the Real Estate Committee, reported that he and Member Nejedly met with staff on December 14, 2004 to discuss the status of District property management issues. Updates were provided on the offer from the Town of Danville to purchase District property at the Danville Town Service Center, the Kiewit property fill plan and schedule, the proposed Conco Cement Company development and mitigation measures set forth in a letter from Contra Costa County, and interest in the District property located at 3881 Los Arabis in Lafayette. A draft letter expressing the District's concern regarding the potential relocation of the Concord Airport to Acme Landfill property was distributed and comments were requested from the Board. Member Nejedly asked that staff look into purchase of the vacant property across from the Collection System Operations (CSO) Division facility in Walnut Creek. The Real Estate Committee endorsed extension of the lease with Contra Costa County for the Animal Services Facility on a month to month basis pending completion of the new facility. Staff was asked to calendar a closed session for the next Board Meeting to consider the offer from the Town of Danville. Member Boneysteele, Chair of the Budget and Finance Committee, reported that he and Member Menesini met with staff to review expenditures and other financial matters. It was moved by Member Boneysteele and seconded by Member Menesini, that the Expenditure List dated December 16, 2004, including Self Insurance Check Nos. 102171-102174, Running Expense Check Nos. 153111-153388, Sewer Construction Check Nos. 27248-27295, Payroll Manual Check No. 49013, and Payroll Regular Check Nos. 55263- 55291, be approved as recommended. There being no objection, the motion was unanimously approved. Member Menesini announced that he attended the Carpenters Regional Meeting of Northern California annual holiday luncheon with other local elected officials. Member Menesini suggested that all the Board Members may wish to attend as a group next year. 7. ENGINEERING APPROVE AN INCREASE IN THE COST CEILING OF THE CONSULTING SERVICES AGREEMENT FOR RIGHT-OF-WAY CONSULTING AND APPRAISAL SERVICES WITH ASSOCIATED RIGHT OF WAY SERVICES, INC., AGREEMENT NO. 27105TC a. 12 -1 6 -0 5 -------------.---.--- -. --- .._-- '._--- -.--.. -.-.... .. .--.-..--.. -----.---..-.-------.- -.-.---.... -. .-.-.-.'-.----- -_.- -.--'.--------- 118 Mr. Batts, General Manager, stated that current and proposed collection system renovation projects have created a demand for outside right-of-way services. It is requested that the Board authorize an increase in the cost ceiling of the right-of-way consulting services agreement with Associated Right of Way Services, Inc. In addition to providing right-of-way acquisition services, this firm provides land appraisal services related to capital projects. Associated Right of Way Services, Inc. was selected through a request for proposals process in January 2003. It was moved by Member Menesini and seconded by Member Nejedly, that the General Manager be authorized to execute an amendment to the existing agreement, Agreement No. 027105TC, with Associated Right of Way Services, Inc. to increase the cost ceiling from $50,000 to $100,000. There being no objection, the motion was unanimously approved. 8. TREATMENT PLANT a. AUTHORIZE THE GENERAL MANAGER TO PRE-PURCHASE NATURAL GAS FOR FISCAL YEAR 2005-2006 Mr. Batts, General Manager, stated that the District continues to follow the natural gas market that has been volatile over the last year due to increases in oil prices, interruptions in production such as by the hurricanes in the Gulf of Mexico, and the limited supply of natural gas for the world market. Over the last several years the District has pre-purchased natural gas. Pre-purchasing natural gas has served the District well by taking advantage of limited opportunities when prices decline, often for only short periods of time. Staff now believes it is prudent, based on market analysis, to begin pre-purchasing natural gas for fiscal year 2005-2006. Mr. Batts introduced Mr. Douglas J. Craig, Plant Operations Divi.sion Manager, who provided an overview of historical gas trends and the District's experience with pre- purchasing the District's natural gas needs. Mr. Craig used a graph to detail natural gas costs for the past two years from January 2003 through December 2004, comparing the purchase price, the spot market price, and the District's natural gas budget price. As can be seen from the graph, the natural gas spot market price has been very volatile and has ranged from a low of $4.84 per decatherm up to a high of $8.50 per decatherm. For the same period of time, the District pre-purchased natural gas ranging from a low of approximately $4.00 per decatherm to a high of approximately $5.40 per decatherm. By pre-purchasing natural gas over the last two years, the District has saved approximately $1 million. Recently, high oil prices have caused natural gas prices to fluctuate around $7.50 per decatherm. Natural gas for fiscal year 2004-2005 was pre- purchased at $6.15 per decatherm. While there are no guarantees, pre-purchasing natural gas has been advantageous to the District in recent years. Mr. Craig presented the staff recommendation that the Board authorize the General Manager to pre- purchase gas for fiscal year 2005-2006. Discussion followed with regard to seasonal variations and other factors that impact natural gas prices that are considered in determining the appropriate time to pre- purchase natural gas, the amount of natural gas used in the District treatment process, and the point when there is a cost advantage to purchase natural gas over the purchase of Pacific Gas and Electric electrical power. In terms of clarification, Mr. Kenton L. Aim, Counsel for the District, stated previously staff requested and the Board authorized pre-purchase of natural gas within a dollar per decatherm range. For further clarification, Mr. Aim asked if staff is requesting authorization to pre-purchase for all of the District's natural gas needs for fiscal year 2005-2006, and the length of the authorization requested. Mr. Craig stated that authorization is requested to pre-purchase from 90 to 100 percent of the District's natural gas supply requirements for 2005-2006 between now and the end of 2006. Mr. Craig stated that he would hope that the District would be able to lock in a good price prior to 2005-2006 but that will depend on the market. 12-16-05 I I I ----.--------------.-----.- ..-.--.- --.--------.----- . I I I 119 Following discussion, it was moved by Member Nejedly and seconded by Member Hockett, that the General Manager be authorized to pre-purchase natural gas through a service agreement with Coral Energy Resources for fiscal year 2005-2006. There being no objection, the motion unanimously approved. 9. APPROVAL OF MINUTES a. MINUTES OF NOVEMBER 18. 2004 It was moved by Member Hockett and seconded by Member Nejedly, that the minutes of November 18,2004 be approved as presented. There being no objection, the motion was unanimously approved. 10. BUDGET AND FINANCE a. ADOPT AMENDED AND RESTATED SECTION 125 CAFETERIA PLAN DOCUMENTS TO MEET NEW CHANGES IN INTERNAL REVENUE SERVICE CODE It was moved by Member Hockett and seconded by Member Nejedly, that the revisions to the District's Cafeteria Plan documents be adopted to meet new Internal Revenue Service Code requirements. There being no objection, the motion was unanimously approved. 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 12. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS On behalf of the entire Board of Directors, President Lucey wished all the staff and their families and friends happy holidays. BREAK At 2:59 p.m., President Lucey declared a recess, reconvening in closed session at the hour of 3:09 p.m. 13. CLOSED SESSION a. PERSONNEL MATTERS The closed session was held pursuant to Government Code Section 54957 to discuss personnel matters - public employment. The title of the position to be discussed is Secretary of the District. At 3:09 p.m., President Lucey declared the closed session to discuss personnel matters pursuant to Government Code Section 54957 as noted above. At 3:28 p.m., President Lucey concluded the closed session and reconvened the meeting into open session. 14. REPORT OF DISCUSSIONS IN CLOSED SESSION President Lucey reported that in closed session, the Board of Directors accepted the revised job description for the position of Secretary of the District and established the salary range for that position at M-38. 15. ADJOURNMENT There being no further business to come before the Board, President Lucey adjourned the meeting at 3:29 p.m. in memory of those who lost their lives and in recognition of those who were injured in the tragic November 9,2004 fuel line explosion in Walnut 12-16-05 .---.---------------.------.--...-.---.- .-.-..-- . ....----...--------..--- 120 Creek. The Board of Directors will reconvene at 2:00 p.m. on January 13, 2005 for an Adjourned Regular Board Meeting. ~h.4øL President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California I COUNTERSIGNED: Sec e of the Cent al on a Costa San ry District, County of antra Costa, State of California I I 12 -1 6 -0 5 -..----.-..-- .----.---------..--------- .- .----...-. ---------