Loading...
HomeMy WebLinkAboutBOARD MINUTES 04-17-08 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON APRIL 17, 2008 The District Board of the Central Contra Costa Sanitary District convened in a regular meeting at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on Thursday, April 17, 2008. President Lucey called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Hockett, Menesini, Nejedly, Lucey ABSENT: Members: McGill a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance to the Flag. b. INTRODUCTIONS Board Members welcomed newly-hired Maintenance Crew Member I, Justin Covington. 2. PUBLIC COMMENTS There were no public comments. 3. CONSENT CALENDAR It was moved by Member Menesini and seconded by Member Nejedly to adopt the Consent Calendar as recommended. Motion passed by the following vote of the Board: AYES: Members: Hockett, Menesini, Nejedly, Lucey NOES: Members: None ABSENT: Members: McGill a. Approve expenditures dated April 17, 2008. Reviewed by Budget and Finance Committee. b. Approve minutes of March 20, 2008 Board Meeting. Book 57 - Page 154 Minutes of April 17, 2008 c. Adopt Resolutions 2008-042 and 2008-043 accepting a grant of easement and authorizing execution of a quitclaim deed to Frederick C. Maida (District Project 6427), and authorize staff to record documents with the Contra Costa County Recorder. d. Adopt Resolution 2008-044 establishing May 15, 2008 as the date for a public hearing to consider the establishment of Reliez Valley Alhambra Valley Assessment District No. 2007-3. e. Establish May 15, 2008 as the date for a public hearing to consider the Draft Fiscal Year 2008-09 Capital Improvement Budget and 2008 Ten-Year Capital Improvement Plan document. f. Authorize extension of medical leave of absence without pay for Buildings and Grounds Supervisor Harry Wyles through September 30, 2008. 4. HEARINGS a. CONDUCT A PUBLIC HEARING AND CONSIDER ADOPTION OF AN ORDINANCE AMENDING DISTRICT CODE SECTION 6.12.090 “SCHEDULE OF CAPACITY FEES, RATES AND CHARGES.” b. CONDUCT A PUBLIC HEARING AND CONSIDER ADOPTION OF AN ORDINANCE AMENDING DISTRICT CODE CHAPTER 6.30 “SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT-RELATED RATES AND CHARGES.” General Manager James Kelly stated that, on March 20, 2008, the Board set public hearings to consider the staff-recommended annual revision of Capacity, Environmental and Development-Related Fees, and Rates and Charges. A customer outreach program was conducted regarding the proposed revisions. It is the District's practice to hold two separate hearings, one for the various environmental and development-related rates and charges; and one for Capacity Fees. However, staff has prepared a single report covering both subjects. Principal Engineer Jarred Miyamoto-Mills reported that annual capacity fee revenue has varied between 15-45 percent of total sewer construction fund revenue, since it is dependent on the rate of development. Recommended new capacity fees are proposed to be $4,923 per Residential Unit Equivalent (RUE) for the gravity zone, which is an 8.8 percent increase; and $6,509 for the pumped zone, which is an 8.7 percent increase. Staff estimates that the fee increases would bring in approximately an additional annual revenue of $240,000 from the gravity zone and $390,000 from the pumped zone. Principal Engineer Jarred Miyamoto-Mills stated that, with regard to Environmental Services and Development-Related Rates and Charges, staff recommends following the recent approach of annual adjustments for general increases in salaries, benefits and overhead in an effort to avoid larger, multi-year adjustments. Most fees would increase Book 57 - Page 155 Minutes of April 17, 2008 by approximately 3 percent or 7.5 percent. Some would decrease or remain unchanged. Additional anticipated annual revenue from the fee increases is $60,000- $80,000. He stated that notices were published as required by law and interested customers notified. Two public meetings were held, but no customers attended either meeting. Mr. Miyamoto-Mills stated the findings relating to the Environmental Services and Development-Related Rates and Charges: the District incurs substantial costs to provide environmental and development-related services, and has made a substantial investment in assets that will benefit new users; there is a strong and reasonable relationship between the actual added burden/District costs and the proposed fees, rates and charges; the proposed fees, rates and charges are exempt from CEQA. He stated the findings relating to the capacity fees: new connections and changes in property use generate an added burden on services and facilities; the fees are needed to maintain an adequate level of service, maintain existing capacity, and construct new capacity in the future; the purpose of the Capacity Fee Program is to equalize the investment in assets between current and new users ensuring that new users pay their fair share for capacity; current fund balances and capacity fee revenue will be allocated to: life-cycle replacement, renovation, upgrading and improvements, addition and expansion of facilities, equitable adjustment of contributions between current, new and contractual users; a portion of capacity fee revenue will be allocated to fund the new user’s share of “funds required” in the sewer construction fund, running expense fund, debt service fund and self insurance fund. The public hearings for each item were opened and closed without comments. It was moved by Member Hockett and seconded by Member Nejedly to adopt Ordinance 249 amending District Code Section 6.12.090 “Schedule of Capacity Fees, Rates and Charges” and adopting an uncodified schedule of capacity fees, rates and charges, to be kept on file in the Secretary of the District’s Office. Motion passed by the following vote of the Board: AYES: Members: Hockett, Menesini, Nejedly, Lucey NOES: Members: None ABSENT: Members: McGill It was moved by Member Hockett and seconded by Member Nejedly to adopt Ordinance 250 amending District Code Chapter 6.30 “Schedule of Environmental and Development-Related Rates and Charges” and adopting an uncodified schedule of environmental and development-related rates and charges, to be kept on file in the Secretary of the District’s Office. Motion passed by the following vote of the Board: Book 57 - Page 156 Minutes of April 17, 2008 AYES: Members: Hockett, Menesini, Nejedly, Lucey NOES: Members: None ABSENT: Members: McGill 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 6. BIDS AND AWARDS a. CONSIDER BID PROTEST/REJECT ALL BIDS SUBMITTED FOR THE CONSTRUCTION OF THE CONTROL ROOM MODIFICATIONS, DISTRICT PROJECT 7253 General Manager James Kelly stated that, on March 27, 2008, four sealed bids were received and opened for the construction of the Control Rooms Modifications Project. Two timely bid protests were submitted claiming material defects in the two apparent low bids. One bid protest has been retracted. District Counsel Kent Alm reported that a bid protest was received from the second low bidder, protesting the low bid submitted by Melloni Construction. Melloni Construction then protested the second low bidder’s bid. Staff recommended rejecting all bids as the appropriate course of action. Subsequently, N. E. Carlson withdrew their protest and staff proposes to award the contract to Melloni Construction. Staff is requesting that this item be deferred until May 1, 2008 7. REPORTS a. General Manager 1) Report on Ash Reuse General Manager James Kelly stated that, until recently, the District’s incinerator ash was delivered to a composting facility where it was used as soil amendment. A new reuse option has become available with the Scotts Company. Plant Operations Division Manager Randy Grieb gave a history of ash reuse, stating that in the mid 1980’s ash was taken to the Acme Landfill and Colusa County. In the late 1990’s the ash was supplied to Sun Dry Products for use in their vermiculture business. In the 2000’s it was used as soil amendment by Akita Enterprises, Cal Soils, and most recently by Scotts Company. The District creates approximately 4,200 tons of ash per year, or 3.5 loads per week. Ash is currently delivered to Scotts Company in Linden, California for use in their soil amendment products. Book 57 - Page 157 Minutes of April 17, 2008 2) Report on Las Lomitas General Manager James Kelly stated that, at a recent Board meeting, staff discussed the District’s notification of the residents of Las Lomitas in Danville that there was an existing sewer main in their yards, and that we had rights for access and maintenance. At that earlier Board Meeting, the Board inquired about the cost of relocating the sewer main into a public street and a member of the public asserted that the notice that the District provided regarding the sewer location was not constructive notice. Associate Engineer Tom Godsey presented background information, stating that the subdivision was developed in 1949 and was annexed to the District in 1955. No formal easement documents were received at that time. The cost of a new relocated sewer main would be approximately $460,000, and affects 50 properties. The cost of relocated sewer laterals would be $75 per linear foot, for a total of approximately $562,500. The total cost would be approximately $1,022,500, or $20,450 per lot. At this time there is no plan by the District to renovate the sewers. The existing sewers will be TV inspected in the next few months. If inspection information reveals defects that warrant action, the matter will be brought back to the Board for consideration. District Counsel Kent Alm presented information on right of way issues. He stated that Las Lomitas was not a Local Improvement District, City-owned or developer-constructed sewer system and did not go through the normal process. The annexation was unique and not well documented, and the property rights of the District were not clarified at that time. With regard to current property rights issues, there is no recorded grant of easement or dedication of property rights to the District. The main issues are providing adequate notice to current and future owners and other parties holding property rights, such as lenders and other easement owners, and obtaining unequivocal legal easement rights. He discussed prior notice procedures and options for future notice, stating that current property owners have received actual notice but not constructive legal notice. Actual notice will minimize problems with existing and new property owners, but does not create easement rights. The District must obtain grants of easement or a judgment to perfect easement rights. He concluded that existing notices should minimize but not completely eliminate conflicts with property owners, and the only means to fully eliminate conflicts over easement rights is to obtain grants of easement or a judgment from each property owner. Book 57 - Page 158 Minutes of April 17, 2008 Member Hockett asked whether the homeowners could form a Contractual Assessment District if they wish to have the sewer lines relocated. Mr. Kelly responded that, to date, that has not been suggested to the homeowners. He recommended that the TV inspection be completed first to determine the condition of the sewer before proceeding further. 3) Report on Health Care Premiums This report was deferred to a future meeting. 4) General Manager James Kelly reported that an Earth Day event will be held on Saturday, April 19, 2008 at John Muir National Historic Site in Martinez from 10 a.m. to 4 p.m. The District will be an exhibitor at the celebration. The District is also taking part in two other Earth Day events at John Muir Health Systems. There is a staffed exhibit on the Household Hazardous Waste Program and the Fats, Oils, and Grease Program scheduled for Wednesday, April 16, 2008 at the John Muir Hospital facility in Walnut Creek, with a second exhibit scheduled for Friday, April 25, 2008, at the John Muir Hospital facility in Concord. 5) General Manager James Kelly announced that the Certificate of Achievement for Excellence in Financial Reporting has been awarded to the District by the Government Finance Officers Association (GFOA) for its fiscal year 2006-07comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting. It should also be noted that an Award of Financial Reporting Achievement has been awarded to Finance Administrator Colette Curtis-Brown and Accountant Thea Vassallo as being primarily responsible for preparing the award-winning CAFR. 6) General Manager James Kelly announced that the Camino Pablo Trunk Sewer Improvement Project will reconstruct approximately 3,000 linear feet of 6-, 8-, and 10-inch sewer lines within the public right-of-way and easements. Both open-cut and pipebursting methods of installation will be used. The FlushKleen Forcemain Renovation Project will renovate both forcemains at the FlushKleen Pump Station. Each forcemain to be renovated is 1,725 linear feet for a total of 3,450 linear feet . The method of installation for the new forcemains will be open-cut construction. The projects will be combined into one project bid due to their locations. The combined project will be advertised on April 18 and 23, 2008. The Book 57 - Page 159 Minutes of April 17, 2008 bids will be opened on May 20, 2008. The construction cost for both projects is currently estimated at $1,900,000. A public outreach meeting has been scheduled for May 1, 2008 at the Wagner Ranch School Library from 7 p.m. to 8 p.m. District staff will be presenting the project at the May 6, 2008 Orinda City Council Meeting. 7) General Manager James Kelly announced that a request to review the travel policy relating to travel to and from airports, and how to address Board Members who require transportation to and from meetings was made at the April 3, 2008 Board meeting. District Counsel is reviewing the matter to provide the Board with legal considerations on the matters, and staff is surveying the practices of other agencies and is developing a cost evaluation. These will be summarized and provided for Board consideration. The matter is expected to be on the agenda at a May Board meeting. 8) General Manager James Kelly announced that, in the monthly report by the San Francisco Regional Board's Executive Officer, it was stated that the San Francisco Regional Water Quality Control Board (SFRWQCB) will re-launch an enhanced version of a web-based reporting system that was developed in 2004 for sewer system overflows (SSOs). The system was disabled when the statewide regional board reporting system went online in May 2007. This enhanced version will accommodate spill reports from both sewage collection pipes as well as from wastewater treatment plants. Spills from treatment plants are currently reported in paper form only and not all in one place. This will result in dual reporting of SSOs to both the Regional Board and the State. 9) General Manager James Kelly announced that the District will host a public workshop for the Martinez Phase 2 Project on Thursday, May 8, 2008, from 7:00 p.m. to 8:00 p.m. at the Martinez City Council meeting room. This is the second phase of sewer renovations in Martinez. Approximately 7,500 linear feet of 6-and 8-inch sewer lines will be replaced in various locations. The project will go out for bid the last week of May with the bid opening scheduled for mid-June. 10) General Manager James Kelly announced that, on Wednesday, April 9, 2008, District staff held a meeting with potential sewer customers in the Alhambra Valley. Approximately 60 people attended the meeting held at John Swett Elementary School. Topics discussed at the meeting included the status of trunk sewer construction, connecting to the public sewer system, the proposed trunk sewer reimbursement fees, and the Alhambra Valley Assessment District (AVAD) Program. Book 57 - Page 160 Minutes of April 17, 2008 The proposed reimbursement fees, $21,000 and $8,000 per home for direct and indirect connectors respectively, will reimburse the District for the costs of planning, design, and construction of the Alhambra Valley Trunk Sewer Project. At the May 1, 2008 Board meeting, the Board will be asked to consider the Gordon/Millthwait AVAD followed by the Reliez Valley AVAD on May 15, 2008. Staff will ask the Board to consider five other AVADs in June and July. 11) General Manager James Kelly announced that at the Local Agency Formation Commission (LAFCO) meeting on April 9, 2008, the Commission approved Annexation 166 to the District, an annexation of approximately 88 acres in six separate areas in Lafayette, Martinez and Orinda. This is the first of a backlog of annexations being processed to annex areas that have been previously connected to sewers but not annexed. This approval is subject to a protest hearing that will be held by LAFCO on May 12, 2008, at 3 pm. A protest hearing will take place because there are fewer than twelve registered voters representing the parcels being annexed. This is a technicality that is part of state law of which staff just became aware. In the future, staff will attempt to configure annexations to ensure that there are more than twelve registered voters within the annexation parcel areas. The Municipal Service Review (MSR) and Sphere of Influence Update were also considered at this meeting. LAFCO accepted the MSR, but deferred a decision on the Sphere of Influence (SOI) Update to a future meeting. The discussion on the SOI Update centered on the desire of a number of the Commission members to expand the District and Contra Costa Water District (CCWD) SOI's to be contiguous with the Urban Limit Line. This SOI expansion would require some level of CEQA review which LAFCO was reluctant to fund and wanted the impacted agencies to fund. When staff receives a formal communication from LAFCO on this issue, staff will bring it to the Board for discussion. This may occur as soon as the May 1, 2008 Board meeting. 12) General Manager James Kelly announced that Environmental Services Division Manager Curt Swanson will be in Denver, Colorado from May 4, 2008 through May 6, 2008 attending the WateReuse Foundation Research Conference. The annual conference covers topics such as emerging pollutants in recycled water, pathogen removal, membrane treatment, and other innovative treatment technologies. The cost of attendance at this conference will be funded from his Manager Professional Expense Allowance. Book 57 - Page 161 Minutes of April 17, 2008 13) General Manager James Kelly announced that CASA Lobbyist Mike Dillon provided an update on the water and wastewater property tax “parole realignment” proposal. 14) General Manager James Kelly announced that, on April 10, 2008, District staff found a leak from an isolation valve of a 12-inch HDPE recycled water line at the Pleasant Hill intersection of Boyd Road and Patterson Road. Once an upstream valve was closed off, the water stopped leaking, confirming it as recycled water. Two Sequoia schools are located immediately north of this intersection, which prompts a weekend repair. Since the line is 13 feet deep, the dig- up portion will take the majority of the weekend to complete. The Contra Costa Water District (CCWD), our contractor, will use a subcontractor who specializes in HDPE pipeline work to fix the leak. Since some customers are out of water, the HDPE repair has been scheduled for Thursday, April 17, 2008, between the times parents drop off and pick up their children 15) General Manager James Kelly announced that the California Special Districts Association (CSDA) currently has an open seat available to CSDA regular member agency staff or elected officials in Region 3 only. This vacancy will be filled on May 13, 2008. 16) General Manager James Kelly announced that staff has postponed the bid opening for the Walnut Creek Renovations Phase 6 project from April 15, 2008 to April 21, 2008. The reason for the postponement is to allow appropriate time to address concerns of bidders. Staff plans to bring the project to the Board for award consideration at the May 1, 2008 Board meeting. 17) General Manager James Kelly announced that Mt. View Sanitary District will hold a public open house on Saturday, May 17, 2008 to commemorate its 85th anniversary along with other milestone events. The event is scheduled from 10 a.m. to 2 p.m. The agenda for the event has not been published yet. Since there will be limited parking, parking will be provided at a nearby lot on Pacheco Boulevard with shuttle buses transporting attendees inside the plant gate. Attendees will have to walk through the concrete tunnel to the Headquarters Building. Further details will be provided as soon as they are available. 18) General Manager James Kelly announced that the Victim Compensation Claims Board sent a denial letter dated April 14, 2008 in regards to the District’s Caltrans claim. Book 57 - Page 162 Minutes of April 17, 2008 19) General Manager James Kelly announced that there was a break-in at the Maltby Pumping Station. Security will be increased. Announcements 4-18 were provided as written announcements. b. COUNSEL FOR THE DISTRICT 1) Receive comments from Board on Titles 7 and 9 of the District Code. President Lucey stated that he objects to the proposed revision in Title 7 which would delegate to the General Manager the authority to accept offers of dedication, easements etc. He questioned why it was necessary to specifically spell out that delegation, when Title 2 authorizes the Board to delegate any of the Code requirements to the General Manager. General Manager James Kelly and District Counsel Kent Alm responded that the delegation language could be removed from that section. Mr. Kelly stated that the matter will be brought back at the same time the Board considers the overflow protection devices. c. SECRETARY OF THE DISTRICT No reports. d. BOARD MEMBERS 1) Member Nejedly reported on the April 14, 2008 Budget and Finance Committee meeting and summarized the Action Summary. There were no comments from Board Members. 2) Member Hockett reported on the April 8, 2008 Household Hazardous Waste Committee meeting and summarized the Action Summary. Board Members discussed the challenge of sharps disposal after the September deadline of no longer permitting sharps disposal in the trash. 3) Reports on miscellaneous business meetings attended by Board Members. Member Hockett reported on her attendance at the April 3, 2008 Contra Costa Mayors’ Conference meeting in Lafayette. 8. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. Book 57 - Page 163 Minutes of Apri/17, 2008 9. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None 10. CLOSED SESSION The Board recessed at 2:56 p.m. to reconvene in the Caucus Room in Closed Session: a. Conference with Legal Counsel - Anticipated Litigation - Significant exposure to litigation pursuant to Government Code Section 54956.9(b) - one potential matter. The Board recessed at 3:05 p.m. to reconvene in open session in the Board Room. 11. REPORT OUT OF CLOSED SESSION No reports. 12. ADJOURNMENT There being no further business to come before the Board, President Lucey adjourned the meeting at 3:07 p.m. ~~ Gerald R. Lucey President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: be f30&~ Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Book 57 - Page 164