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HomeMy WebLinkAboutBOARD MINUTES 03-03-05 I I I 157 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MARCH 3, 2005 The District Board of the Central Contra Costa Sanitary District convened in 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 March 3, 2005. President Hockett called the meeting to order and requested that the Secretary call roll. 1 . ROLL CALL PRESENT: Members: Menesini, Boneysteele, Nejedly, Lucey, Hockett ABSENT: Members: None a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance to the Flag. 2. PUBLIC COMMENTS None 3. CONSENT CALENDAR Member Nejedly requested that Item f. be pulled from the Consent Calendar for discussion. Regarding Item c., Member Menesini stated that the Piping Renovations and Replacement Project, Phase 2, District Project 7208, is an extensive program and requested that a detailed report from staff be presented to the Board at a future date. Following this discussion, it was moved by Member Menesini and seconded by Member Boneysteele, that the Consent Calendar, consisting of Items a., b., c., d., e., and excluding Item f. be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution 2005-010 was adopted, authorizing the President of the Board of Directors and the Secretary of the District to execute Quitclaim Deeds to Rhodora C. Quintans, Todd Darby, Arbor Springs Homeowners Association, and Larry, Drake and Janie Tarter, on behalf of the District, and authorizing staff to record the resolution with the Contra Costa County Recorder. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Boneysteele, Nejedly, Lucey, Hockett None None b. Resolution No. 2005-011 was adopted, accepting public sewer improvements and an offer of dedication from Hussan Ahmadzadeh, Marian Safapay, and Masoud Olfati for an easement shown on the recorded final map of MS 805-00 in the City of Walnut Creek (Job No. 5590), and authorizing staff to record the easement acceptances with the Contra Costa County Recorder. Motion unanimously approved on the following vote: 3-3-05 - ..--.-- -.----- -- -.---.-----.----- ----- ---- 158 AYES: Members: NOES: Members: ABSENT: Members: Menesini, Boneysteele, Nejedly, Lucey, Hockett None None The contract work for the Piping Renovations and Replacement Project, Phase 2, District Project 7208, was accepted and the filing of the Notice of Completion was authorized. c. Menesini, Boneysteele, Nejedly, Lucey, Hockett I Motion approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: d. None None Resolution 2005-012 was adopted, confirming publication of District Ordinance No. 233 - an Ordinance Amending District Code Section 6.20.300 Schedule of Reimbursement Fees to Establish Reimbursement Fees Applicable to Properties that Directly Connect to Project 5694 (Winchester Lane, Martinez) or Project 5732 (Orchard Estates Drive, Walnut Creek) Standard Sewer Facilities. Motion approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Boneysteele, Nejedly, Lucey, Hockett None None I The request by Elaine Jacobs, Household Hazardous Waste Supervisor, for an emergency withdrawal of $10,900 after taxes from the Deferred Compensation Plan was approved, as recommended by the Deferred Compensation Plan Advisory Committee. e. Motion approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Boneysteele, Nejedly, Lucey, Hockett None None Regarding Item f., Member Nejedly questioned whether procedures for requesting an extended leave of absence had been followed. He also stated concern whether arrangements had been made to cover the position during the leave of absence. Following discussion, President Hockett requested a roll call vote. f. The leave of absence without pay for Nathaniel Morales, Staff Engineer, from March 22, 2005 to May 13, 2005 was approved. I Motion approved on the following roll call vote: AYES: Members: Menesini, Boneysteele, Hockett NOES: Members: Nejedly, Lucey ABSENT: Members: None 3-3-05 > >----------"----,,">---->---> I I I 159 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 5. ITEMS HELD OVER FROM PREVIOUS BOARD MEETINGS a. INDUSTRIAL DISCHARGE PERMITTING PROCESS Mr. Charles W. Batts, General Manager, stated that at the last Board meeting Mr. Tim Bredbenner, General Manager of SEG Trucking of Concord, addressed the Board under the public comments section concerning his frustration and disappointment with his company's interaction with the District's Source Control Section over their pretreatment permit. In response to his comments and the Board's concerns, staff prepared a memo that was distributed along with the Board meeting materials. Mr. Batts stated that he believes there is no dispute regarding the facts concerning this incident, the fact that SEG Trucking is an outstanding organization, or the requirements that are placed upon the District by the regulators. The issue the District needs to learn from this incident is not only to provide adequate communication bùt also to provide better customer service and consultation to the businesses we deal with both in our pretreatment program and our storm water inspections. Mr. Batts introduced Mr. Curtis W. Swanson, Environmental Services Division Manager, to elaborate on some of the proposed changes to the District's industrial discharge permitting process. Mr. Swanson stated that the majority of the issues Mr. Tim Bredbenner raised at the previous Board meeting dealt with customer service and communication issues. Mr. Swanson presented the proposed outline of improvements in the following areas: Customer Service . Reinforce our goal of excellent customer service with Source Control staff. . Provide customer service training to Source Control staff. . Improve our written materials to better explain the permitting process. . Have Source Control Inspectors keep in regular contact with our permitted industries. Customer, Notification . Add "Significant Non-Compliance" (SNC) wording to the Notice of Violation (NOV) form. . When the NOV is delivered to the customer, include an explanation of SNC listing. . Send a follow-up letter to the customer within 30 days explaining the SNC situation. . Prior to the Board presentation on the annual SNC publication, call each customer on the SNC list and follow up with a letter. Reaulatorv . Investigate establishing an initial compliance period for newly permitted industrial users to allow for start-up and adjustment of pretreatment processes. Member Lucey questioned why we permit only three trucking companies, all of which are garbage companies? Mr. Swanson responded that the criteria for who is permitted is the potential for that industry to discharge harmful substances into the sewer system that could affect the sewer system and/or more importantly the treatment plant. Garbage companies because of the nature of their business, what they pick up, and their washing operations have a significant opportunity for harmful chemicals or hazardous wastes to enter the sewer system. 3-3-05 160 Member Lucey asked whether there were any other trucking companies within the county that meet these requirements? Mr. Swanson responded that he is aware of one other trucking company, Telfer Oil Company, in Martinez that is permitted. However, it is not permitted because they are a trucking company; it is because of the products that they have on-site and the products that they handle. Member Menesini recommended that the District improve its approach to our customers who are being inspected. The outline of improvements that Mr. Swanson has presented are steps in the right direction. Mr. Swanson responded that as the training plan is developed it would be tailored towards the dual rolls the District is fulfilling, of regulator and service provider. I 6 REPORTS GENERAL MANAGER a. 1) Mr. Charles W. Batts, General Manager, reported that the District charges a "one-time" Capacity Fee when a property first connects to our system, or when an "added burden" occurs due to a change in the use of a previously connected property. Also, development related fees are intended to cover the District's costs to provide services such as permitting, plan review, inspection and the resolution of right-of-way issues. Both of these fees were last changed in October 2003. At the March 17, 2005, Board meeting, staff will recommend that the Board set a date for a public hearing to consider increasing Capacity Fees and revising the Schedule of Development-Related Fees. Mr. Batts introduced Jarred Miyamoto-Mills, Principal Engineer, who presented a brief report summarizing the staff proposal. Mr. Miyamoto- Mills outlined the following in regard to Capacity Fees and Development Related Rates and Charges: I Capacity Fees . This one-time "buy-in" fee is charged at time of connection and is "earmarked" for long-range capital facility needs. Capacity Fees are 25-30% of long-term Sewer Construction Fund revenue. Annual Capacity Fee revenue is somewhat unpredictable since it is dependent on the rate of development. . . Capacity Fee Approach . "Buy-in" calculation: Value of District Assets divided by Number of Customers as expressed in Residential Unit Equivalents (RUE) which equals the Capacity Fee. Current Capacitv Fees Adopted October 6. 2003 . Gravity Zone: $3,983 / RUE Pumped Zone: $4,971 / RUE I . Proposed Capacitv Fees . Gravity Zone: $4,150/ RUE (+4.2%) Pumped Zone: $5,481 / RUE (+10.3%) . Capacity Fees Calculation Included in the materials distributed is the Capacity Fees calculation. Mr. Miyamoto-Mills stated it was important to note that the current value of 3-3-05 --------------.--------- I I I 161 District Assets was $1,165,139,863 as of the end of fiscal year 2004. Current value is original cost minus depreciation adjusted for inflation. Also included, is the number of dollars each of the zones increase due to the change in the value of assets. Environmental Services And Development-Related Rates And Charges Mr. Miyamoto-Mills reported that the Board will receive a revised schedule with staff recommendations. Recommended Rates and Charges reflect: . Revisions to address customer concerns and benefits of process improvements. Adjustment for increased labor costs. . Mr. Miyamoto-Mills stated that many fees will increase; some will decrease or remain unchanged; and elimination of some Rates and Charges will be recommended. Public Outreach Mr. Miyamoto-Mills stated that in the past when the fees were reviewed, the District planned a public outreach program. If the Board agrees to go forward and set a public hearing date at the next Board meeting, letters will be mailed the next day to the Home Builders Association, customers with current applications, developers, engineers, businesses owners and contractors advising them of the proposed changes and inviting them to be a part of the process. Tentative informal public meetings are April 7, 2005, at 2:00 PM and April 12, 2005, at 10 AM. Recommended Schedule . Set Public Hearing Date: March 17, 2005 Outreach Program: March 18 to April 21,2005 Conduct Public Hearing: April 21, 2005 Fees Effective: July 1, 2005 . . . Member Lucey asked the estimated amount of additional revenues if the recommendations are approved. Mr. Miyamoto-Mills responded that Capacity Fees would generate approximately $800,000 (based on1 ,800 new units). In regards to Development Related Fees and Charges, staff reviewed costs for the current year versus revenue, which showed a shortfall of approximately $140,000. The proposed fee increase will recover this cost. 2) Mr. Charles W. Batts, General Manager, reported that the Board asked for an update of the Alhambra Valley Sewer Extension Project. Last September, the Board authorized staff to begin design of a gravity trunk sewer to serve the Alhambra Valley area. The trunk sewer would be 12 inches in diameter and approximately 5,500 feet long. The estimated cost of the project is approximately $2,000,000. Staff proposes that the District finance the construction of the trunk sewer from the Sewer Construction Fund. A local developer whose development, Alhambra Valley Estates, will be served by the trunk sewer will contribute $400,000 toward the construction cost. The District will be reimbursed for the remaining costs from fees paid by other property owners who connect to the trunk sewer. Mr. Batts introduced Curtis W. Swanson, Environmental Services Division Manager, to update the Board regarding the design phase activities for this project. Mr. Swanson reported that the design phase will take place in 2005. Construction will take place in 2006. The staff's recommended approach was presented to the Board in September 2004. The Board approved that approach. The District took the lead to construct the trunk 3-3-05 162 sewer out to the Alhambra Valley area. There are a number of neighborhoods that will connect to the trunk sewer at a later date. Property owners will reimburse the District upon connection to the trunk sewer. Developers will also pay a portion of the trunk sewer. The Board previously authorized $200,000 for design of the trunk sewer. The design costs summary is as follows: . Design, survey and drafting: $120,000 . Right of way and permits: $ 30,000 I . Geotenichnical engineering $ 30,000 . CEQA compliance $ 10,000 . Bidding and miscellaneous $ 10,000 Mr. Swanson stated that the trunk sewer would be gravity service. Crossing three creeks does present some design challenges. Completion dates are as follows: . Design December 2005 . Environmental Impact Report Addendum September 2005 . Easement Acquisition December 2005 . Bid and Award March 2006 . Construction October 2006 Mr. Swanson stated that the District has one more step to complete in order to meet California Environmental Quality Act (CEQA) compliance. The County-approved development Environmental Impact Report (EIR) is the basis for the District project. The District needs to prepare an EIR addendum, which will list specific construction impacts on the ultimate route of the sewer. This addendum will include more details in terms of construction impact and the actual methods of construction that will be used. The addendum does not need to be circulated for public review, but it does need to be approved by the Board. I Mr. Swanson reported that there are easement acquisitions in process at this time. The most sensitive area is crossing Alhambra Creek near Wanda Way, which goes through National Park Service property some distance from the John Muir gravesite. Staff is also working with several other property owners on Wanda Way, Stentzel Lane and Sheridan Lane. Mr. Swanson stated that the Board will be updated regarding the progress of the project. 3) Mr. Charles W. Batts, General Manager, announced that on February 18, 2005, collection system personnel and consultants in this field met to address the issues of common concern resulting from the resolution that the State Water Board passed in November 2004. The resolution supported development of a statewide approach to reducing sanitary sewer overflows. The State Board staff has established an aggressive schedule for implementing that approach. The result of those efforts may be a new general National Pollutant Discharge Elimination System (NPDES) permit in October or November of 2005 for all collection systems, which will probably require uniform reporting of sanitary sewer overflows, development of a Sewer System Management Plan (SSMP), and requirements for operation and management of systems. Staff believes that the District would meet all of these requirements. I Mr. James M. Kelly, Director of Operations; Mr. Bill Echols, Field Operations Superintendent; and Dr. Gail Chesler, Associate Engineer, attended the forum. Mr. Echols and Dr. Chesler continue to attend the 3-3-05 I I I c. b. None 6) 163 local Bay Area Clean Water Agencies (BACWA) Collection System monthly meetings. BACW A has already worked out tentative agreements with the Regional Board, and reporting systems have already been implemented. Staff will continue to attend future meetings of the forum and will report on developments. 4) . Mr. Batts announced that two pumping stations on Lawrence Road have been recently taken out of service. The flow has been diverted into the new gravity line that ends at the east end of the Dougherty Tunnel and serves the west side of the Dougherty Valley. A contract will be awarded for removal of the equipment, some of which will be used in other stations. 5) Mr. Batts announced that staff intends to advertise for bids for the Influent Diversion Structure Rehabilitation Project. A corrosion condition assessment in June 2003 found severe corrosion and the top concrete slab of the structure is in poor condition. This project will rehabilitate both the inside and the outside of the structure. This project will be advertised on March 7 and 12, 2005, and will be awarded on April 7, 2005. Work should be completed by November 18, 2005. The Engineer's estimate for this project is $460,000. Mr. Batts announced that while performing scheduled maintenance the Collection System Operations (CSO) crews discovered a sewer main that requires emergency replacement. The sewer is located in an easement off Withers Avenue in the unincorporated area of the Contra Costa County bounded by Pleasant Hill and Lafayette. The maintenance crew pulled large pieces of the asbestos cement pipe out of the manhole. The closed circuit television (CCTV) of the whole length of the sewer main could not be completed because of the pipe condition, but several hundred feet of the sewer pipe appears in danger of collapsing. The area drains to a tributary of Murderer's Creek. Staff has contacted several contractors requesting quotes for replacing the sewer main. The repair will consist of the directional drilling of 600 linear feet of 8-inch polyethylene pipe between manholes, with an estimated cost of $50,000 to replace the pipe. Three residents have been contacted by CSO informing them that their laterals would be re-routed to the new sewer main. The Public Contract Code requires an emergency declaration be passed by a resolution by 4/5 vote of the District Board declaring that the public interest and necessity demand the immediate expenditure of District funds to safeguard life, health, and property. In accordance with Section 22050 of the Public Contracts Code, the Board adopted a resolution delegating the authority to the General Manager to declare an emergency. At the next scheduled meeting of the Board of Directors, the Board will be asked to ratify the General Manager's decision with a 4/5 vote of the Board. A report at future Board meetings will be made until the project is complete. COUNSEL FOR THE DISTRICT SECRETARY OF THE DISTRICT 1) Ms. Joyce Murphy, Secretary of the District, announced that a letter from Local Agency Formation Commission (LAFCO) Executive Officer, Bob Braitman, had been received. There will be another Independent Special District Selection Committee meeting to vote on representatives for LAFCO. The meeting will be held on March 10,2005, at 10:00 AM at the Pleasant Hill Community Center. Member Menesini is the District representative 3-3-05 164 d. BOARD MEMBERS 1) Member Lucey, Chair of the Budget and Finance Committee, reported that he and President Hockett reviewed the expenditures and found them to be reasonable. It was moved by Member Lucey and seconded by President Hockett, that the Expenditure List dated March 3, 2005, including Self Insurance Check Nos. 102191-102197, Running Expense Check Nos. 154350-154539, and Sewer Construction Check Nos. 27447-27484 be approved as recommended. There being no objection, the motion was unanimously approved. 2) Member Menesini, Chair of the Outreach Committee, distributed and reviewed notes from the February 24, 2005, Outreach Committee at which topics of discussion included the Dental Inventory Program, Draft Pipeline, Community Outreach Report for October through December 2004, Pollution Prevention Report, Student Education Programs, proposed outreach regarding the process for public sewer extension in the EI Toyonal area of Orinda, and outreach on proposed increase in rates and charges and connection fees. Member Menesini introduced Jarred Miyamoto-Mills, Principal Engineer, to present an update regarding the outreach process for the sewer extension in the EI Toyonal area in the City of Orinda. Mr. Miyamoto-Mills stated that a draft letter has been provided in the Board meeting material that invites property owners in the EI Toyonal area to indicate their level of- interest in a sewer extension project. In the past 12 to 18 months, Mr. Miyamoto-Mills has received several inquiries from property owners of vacant lots, property owners of homes on septic tanks, and prospective buyers asking about the process they would need to go through to extend sewer service into the area. It is of interest to them because Contra Costa County has had a moratorium for many years on new septic tanks and expansion or significant repair of existing septic tanks. Therefore, if someone wants to build on a vacant lot or remodel even if they are not going outside the footprint of the original building, they must connect to public sewer. Mr. Miyamoto-Mills reported that the City of Orinda and Contra Costa County have been sued by one of the property owners in regard to the moratorium. Upon hearing some of the initial arguments, the Federal judge that was hearing the case asked the litigants to meet with representatives of Central Contra Costa Sanitary District to explore the possibility of extending the sewer as a means of discharging the lawsuit. Mr. Miyamoto-Mills met with the litigants, Mr. and Mrs. Cohn, on February 7, 2005. The shortest route to provide service to this property is approximately 1,500 feet. An alternative route would be approximately 2,400 feet. Total costs are estimated to be $300,000 to $600,000. Construction in this area is difficult because of constraints on working hours, the narrowness of the roads and the lack of alternate routes in some areas. Mr. Miyamoto-Mills stated that this kind of sewer service extension is the responsibility of the property owners who would benefit from the sewer. The property owners would engage an engineer to do the design; Central Contra Costa Sanitary District would do plan review. The property owners would engage the contractors to do the construction; Central Contra Costa Sanitary District would do inspection. The District does offer as a normal part of our business to facilitate the process, hold public hearings, and educate participants. It is critical, though, that one of the property owners be interested in leading the project. In this case if the project goes 3-3-05 I I I I I I 165 forward, it is likely that Mr. and Mrs. Cohn may be interested in leading since they have plans to build a home on their property. In response to questions from President Hockett, Mr. Miyamoto-Mills explained that the Cohn's had believed that they would be able to get a waiver from the moratorium for a septic tank based on the distance from the end of the existing Central Contra Costa Sanitary District system. When it became apparent to the Cohn's that the City of Orinda and Contra Costa County were not likely to allow this, they filed suit to force the issue. 3) Member Menesini reported that at the last Environmental Alliance session the important work of CALFED was discussed. The next session of the Environmental Alliance will include a presentation by the Contra Costa Water District Director, John Burgh. 7. APPROVAL OF MINUTES a. MINUTES OF FEBRUARY 3,2005 It was moved by Member Boneysteele and seconded by Member Menesini that the minutes of February 3,2005, be approved as presented. There being no objection, the motion was unanimously approved. 8. BUDGET AND FINANCE a. RECEIVE JANUARY 2005 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance (O&M) for the month of January 2005, noting that expenditures were $150,000 less than budget, representing a 4.3 percent favorable variance. Year-to-date O&M expenditures were $1,949,000 less than budget, representing a 7.7 percent favorable variance. Year-to-date O&M revenues of $19,134,000 were $669,000 greater than budget. Ms. Ratcliff reported there were several favorable variances. Total Labor Charges were under budget $634,000; Utilities were under budget $422,000; Repairs and Maintenance were under budget $169,000; and Outside Services were under budget $350,000. There was one unfavorable variance. Professional & Legal was over budget $57,000. Ms. Ratcliff reported that year-to-date Sewer Construction Fund revenues were $15,714,000 and expenditures were $17,985,000, cutting into reserves by $2,271,000. Ms. Ratcliff reported that the District's temporary investments were held in the District's Local Agency Investment Fund (LAIF) account, commercial paper, and United States Treasury bills. The LAIF yield for December 2004 was 2.134 percent. 9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 10. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Menesini requested that a detailed report from staff regarding the Piping Renovations and Replacement Project, Phase 2, District Project 7208 be presented to the Board at a future date. Mr. Charles W. Batts, General Manager, stated there would be a presentation regarding reserves and fees calendared for a future Board meeting. 3-3-05 166 11. CLOSED SESSION a) PERSONNEL MATTERS This closed session was not held. 12. REPORT OF DISCUSSIONS IN CLOSED SESSION None 13. ADJOURNMENT There being no further business to come before the Board, President Hockett adjourned the meeting at the hour of 3:37 p.m., to reconvene at 8:00 a.m. on March 9, 2005, in the Third Floor Executive Conference Room, for an Adjourned Regular Board Meeting. COUNTERSIGNED: ~~,M President of the Bóard of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California G£ßz ~ Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California 3-3-05 I I I