HomeMy WebLinkAboutBOARD MINUTES 04-21-05
204
MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD ON APRIL 21 2005
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 April 21, 2005.
President Hockett called the meeting to order and requested that the Secretary call roll.
1. ROLL CALL
PRESENT: Members:
Boneysteele, Lucey, Menesini, Nejedly, Hockett
ABSENT:
Members:
None
a.
PLEDGE OF ALLEGIANCE TO THE FLAG
Board and staff joined in the Pledge of Allegiance to the Flag.
b.
INTRODUCTIONS
General Manager Charles Batts introduced Elaine Boehme, newly-hired
Secretary of the District.
2. PUBLIC COMMENTS
There were no public comments.
3. CONSENT CALENAR
It was moved by Member Menesini and seconded by Member Lucey that the Consent
Calendar, consisting of Items a. through g., be approved as recommended, resolutions
adopted as appropriate, and recordings duly authorized.
a.
Public sewer improvements and an offer of dedication from Shapellindustries,
Inc. accepted for an easement shown on the recorded final map of Subdivision
No. 8632 in the San Ramon area (Job 5658), and staff authorized to record the
resolution with the Contra Costa County Recorder. Resolution No. 2005-021
adopted.
Motion unanimously approved by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Lucey, Menesini, Nejedly, Hockett
None
None
b.
Public sewer improvements and offers of dedication accepted from Keith and
Laura W. Howard, Tre, Glen and Kathy Koutz, Mark P. Spilker, and James R.
and Pamela S. Bledsoe, in the Town of Danville, District Proj~r.t 5667 - Parcels
4, 5,6, and 7, and staff authorized to record the resolutions w:th the Contra
Costa County Recorder. Resolution Nos. 2005-022, 2005-023. 2005-024 and
2005-025 adopted.
Motion unanimously approved by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Lucey, Menesini, Nejedly, Hockett
None
None
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Public sewer improvements and offers of dedication accepted from Windemere
BLC Land Company, LLC, and Contra Costa Community College District, in the
San Ramon area, Job 5713 - Parcels 1 and 2, and staff authorized to record the
resolutions with the Contra Costa County Recorder. Resolution Noso 2005-026
and 2005-027 adopted.
c.
Motion unanimously approved by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Lucey, Menesini, Nejedly, Hockett
None
None
Final assessments confirmed and levied for Arbor Lane Contractual Assessment
District No. 2002-4, District Project 5644, and staff authorized to record Notice of
Assessment with the Contra Costa County Recorder. Resolution No. 2005-028
adopted.
d.
Motion unanimously approved by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Lucey, Menesini, Nejedly, Hockett
None
None
e.
Medical leave of absence without pay authorized for Mark Lafferty, Maintenance
Technician III, Mechanical, through May 5,2005.
Motion unanimously approved by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
f.
Boneysteele, Lucey, Menesini, Nejedly, Hockett
None
None
May 19, 2005 established as the date for a public hearing to receive comments
on the Draft Fiscal Year (FY) 2005-06 Capital Improvement Budget/2005 10-Year
Capital Improvement Plan.
Motion unanimously approved by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Lucey, Menesini, Nejedly, Hockett
None
None
g.
Rejected claim for damages by Edwin Wolske and Nanci Oberg regarding
property located at 35 Crest Road, Lafayette, California.
Motion unanimously approved by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Lucey, Menesini, Nejedly, Hockett
None
None
4. HEARINGS
CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON AN
ORDINANCE TO AMEND DISTRICT CODE SECTION 6.12.090 "SCHEDULE
OF CAPACITY FEES. RATES AND CHARGES;" ADOPT THE ORDINANCE
CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON AND
CONSIDER ADOPTING A PROPOSED ORDINANCE TO REVISE DISTRICT
CODE CHAPTER 6.30 "SCHEDULE OF ENVIRONMENTAL AND
DEVELOPMENT-RELATED RATES AND CHARGES"
a.
b.
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206
Mr. Charles W. Batts, General Manager, stated that the District charges a one-time
capacity fee when a property first connects to the system, or when an added
burden occurs due to a change in the use of a previously connected property. This fee
is calculated as a buy-in to the District assets.
Development-related fees are intended to recover the District's costs to provide services
such as permitting, plan review, inspection and the resolution of right-of-way issues
associated with development. These fees were last changed in October 2003.
He stated that the two public hearings on today's agenda were properly noticed with
postings and publication in the Contra Costa Times. Staff conducted an extensive
public outreach program including direct mailing of information on the fee proposals to
contractors, developers, engineers and building industry advocates.
Principal Engineer Jarred Miyamoto-Mills presented a report on the two fee proposals.
He stated that Capacity Fees comprise approximately 25% of long-term revenues for
the Sewer Construction Fund. He stated that current Capacity Fees for gravity service
are $3,983, and pumped service $4,971, per residential unit equivalent (RUE). He
described the history of capacity fees, including the rationale for use of the "buy-in"
approach. The proposed Capacity Fees for FY 2005-06 are $4,150 per RUE for gravity
service and $5,481 per RUE for pumped service. The higher rate increase for pumped
service is a result of major investments by the District in pumping station facilities over
the past couple of years. He stated that the revenue potential for the gravity zone is an
additional $55,000, and $745,000 in the pumped zone, mainly as a result of the
Dougherty Valley.
He stated that the Board is being asked to adopt the ordinance as proposed, and make
appropriate findings as follows:
That customers have made a substantial investment in assets that will benefit new
users; that 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; that new users generate an added burden on services and facilities; that to
maintain an adequate level of service, maintenance of existing capacity and
construction of new capacity in the future is necessary; that current fund balances and
Capacity Fee revenue will be allocated to life-cycle replacement, renovation, upgrading
and improvements to maintain existing capacity, and the addition and expansion of
facilities when needed or required to meet legal and regulatory requirements; that
revenue will be allocated to equitable adjustment of contributions between current, new
and contractual users, and to fund the new users' share of "Funds Required" in the
Sewer Construction Fund, Running Expense Fund and Self Insurance Fund; that there
is a strong and reasonable relationship between the added burden of new users and the
capacity fees; and that the Capacity Fee Program is exempt from the California
Environmental Quality Act.
With regard to the Environmental Services and Development-Related Rates and
Charges, he stated that the revisions are proposed to recover the costs of providing the
services. Some rates will go up, some will go down, and some will remain unchanged.
He described the public outreach program, including letters mailed to homebuilders
associations, interested parties and informal public meetings.
He concluded by stating that staff recommends adoption of the ordinance as proposed,
and stated that the new fees, if approved, will be effective July 1,2005.
The public hearings on both items were opened and closed without comments.
Boardmembers and staff discussed the method of calculation of the fees and the finding
that there is a strong and reasonable relationship between the added burden of new
users and the Capacity Fees.
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Following questions from Boardmembers and responses from staff, motion was made
by Menesini and seconded by Lucey to adopt Ordinance 234 and Ordinance 235 and
findings as recommended. Motion unanimously approved by the following roll call vote:
AYES:
NOES:
ABSENT:
None.
a.
Members:
Members:
Members:
Boneysteele, Lucey, Menesini, Nejedly, Hockett
None
None
5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER:
6. REPORTS
GENERAL MANAGER
1)
General Manager Charles Batts stated that, as reported at a prior Board
meeting, an Environmental Protection Agency (EPA) inspection of the
treatment plant was conducted on January 12, 2005.
Plant Operations Division Manager Doug Craig presented a summary of
the January 12, 2005 EPA inspection report of the District facility at 5019
Imhoff Place, stating that the inspection covered ten major categories and
inspectors toured the facilities. The inspectors looked at procedures
including laboratory, operations, maintenance procedures, solid waste
disposal procedures, and onsite stormwater management. He described
the rating system, stating that out of the 132 areas inspected, the District
received the highest rating of Satisfactory. One marginal rating was
received as a date was not put on a PH sample, although the Standard
Operating Procedure is correct. There were no major findings and the
EPA determined that the facility is well maintained and efficiently
operated.
2)
General Manager Charles Batts stated that the Board requested an
update on an ongoing major project, the Lower Orinda Pumping Station,
which is over 50 years old and undergoing a complete renovation. Part of
the difficultly of this project is that the pumping station is being completely
renovated in its existing location.
Senior Engineer Andrew Antkowiak, project manager, presented a report
on the project, describing the background of the project and the need for
renovation. He stated that the station is the District's oldest and is need of
renovation of the site, which was also requested by the City of Orinda.
The total project cost is $8,048,000 and is expected to be completed by
December 31,2005. It is a two-year project consisting of two phases, the
Dry Weather Station and the Wet Weather Station. He described the
progress of the project, and showed photographs of the pump stations and
electrical room.
He concluded that the construction contract amount is $5,696,000 and
work completed to date totals $2,759,000, with change orders at less than
two percent.
3)
General Manager Charles Batts announced that on Sunday, April 17,
2005, at approximately 10:30 a.m., there was an overflow in southeast
San Ramon near Danville where a 10-inch line plugged with grease and
rags. The line overflowed into a storm drain and to the San Catanio
Creek, and to the San Ramon Creek. The volume was approximately
13,500 gallons, most of which was returned to the system. Regulatory
agencies were properly notified.
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4)
He stated that the line is on a six-month cleaning schedule, and seems to
have a grease and rag build-up which is unusual for a large line with a
frequent cleaning schedule; CSO has asked that Source Control
investigate. He stated that a school is located upstream from the line that
may be the source of the rags and grease. There has been no follow-up
to date from the Regional Water Quality Control Board.
Member Nejedly suggested that staff attempt to locate the source of the
rags.
In response to questions from Member Lucey, Mr. Batts stated that staff is
in contact with the school and talking with their facilities manager. He
stated that response time to the overflow was 30 minutes.
General Manager Charles Batts announced that on Saturday, May 14,
2005, the District will conduct a mobile household hazardous waste
collection event in San Ramon. The event will be held at the City of San
Ramon corporation yard on Crow Canyon Road. This is the only mobile
event that the District will conduct this fiscal year. Like last year's event,
only household hazardous waste will be collected. He stated that staff is
planning for a maximum of 500 customer appointments. Philip Services
Corporation will schedule appointments, set up and dismantle the
temporary collection equipment, and provide the labor to collect and
dispose of the waste from the temporary event. District staff will be on-site
throughout the day to manage the event.
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5)
General Manager Charles Batts reported that a major revision to the
District's Injury and Illness Prevention Program (IIPP) has been
completed, including making it a "smart" document that can be posted on
the District intranet. The originalllPP was developed in 1998. All District
employees have received training on the new program. The program and
training were well received, and the District Safety and Risk Management
section is initiating a review of all safety directives and training.
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6)
General Manager Charles Batts announced that Senior Engineering
Assistant Ricardo Hernandez will be traveling to Toronto, Canada, from
June 12 to 16, 2005, to attend the annual conference of the International
Right-of-Way Association. Topics to be covered at the conference include
appraisal of easements, real estate negotiations, acquiring property rights
through eminent domain, and case studies of acquiring easements for
pipelines. Travel to this particular conference is included in the 2004-05
Engineering Department Travel & Conference Budget.
Environmental Services Division Manager Curtis Swanson responded to
questions from Member Lucey regarding the appropriateness of the
conference.
7)
General Manager Charles Batts announced that Associate Engineer Dave
Reindl will be attending the American Society of Mechanical Engineers
(ASME) Turbine Expo Technical Conference on June 6 through 9, 2005,
in Reno, Nevada. Funds were budgeted for attending an out-of-state
maintenance technical conference in the Operations Travel & Conference
Budget.
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8)
General Manager Charles Batts stated that the District will participate in
2005 John Muir Earth Day event on Saturday, April 23, 2005, from 11 :00
a.m. to 4:00 p.m. at the John Muir National Historic Site in Martinez. Over
40 exhibitors will be on hand representing conservation and pollution
prevention practices.
9)
General Manager Charles Batts announced the public workshop for the
South Orinda Sewer Improvements Project, Phase Two, to be held
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b.
None.
10)
11)
12)
13)
14)
209
tonight, April 21, 2005, at 7:00 p.m. at the Glorietta Elementary School in
Orinda.
General Manager Charles Batts announced a public workshop for the
Vessing Sewer Renovation Project, Phase 1. He stated that the Vessing
Sewer Renovation Project, Phase 1, consists of rehabilitating
approximately 15,000 feet of existing sewers between Oak Park
Boulevard and Del Oceano Drive in Pleasant Hill and unincorporated
areas of the County. The existing lines are on a 6- to 36-month cleaning
schedule, are under capacity and have suffered several overflows in the
past 12 years due to grease and root plugs and capacity deficiencies. The
public workshop will be held on May 9,2005, at 7:00 p.m. at the City of
Pleasant Hill City Hall - Community Room, 100 Gregory Lane, Pleasant
Hill. The Engineer's estimate for the construction of this project is
$3,300,000.
As part of the project, a slide near the project alignment will be restored for
the City of Pleasant Hill. Under a Joint Powers Agreement proposed by
the City, they will reimburse the District 100 percent of the construction
cost plus staff time. Bids for the project will be received on May 20, 2005.
General Manager Charles Batts announced that Communication Services
Manager Harriette Heibel and Community Affairs Representative Bonnie
Lowe will be attending a national corporate communications conference in
Las Vegas on June 8 through 10,2005. Topics to be covered include best
practices in writing and editing, the next generation of intranets, and
measurement and survey tools. Travel to this particular conference is
included in the 2004-05 Administrative Department Travel & Conference
Budget.
General Manager Charles Batts announced that staff intends
to advertise for bids for the Walnut Creek Sewer Renovations Project,
Phase 3, starting April 28, 2005. This project will renovate approximately
7,000 linear feet of 6- and 8-inch sewer at twelve locations within public
right-of-way, private streets, and easements. There will be a public
workshop for the project on May 10, 2005, at 7:00 p.m. at the CSOD office
in Walnut Creek. The project will be awarded at the June 2,2005 Board
meeting. Work will begin approximately July 1, 2005, and is to be
completed by the end of 2005. The Engineer's estimate is $1.2 million.
General Manager Charles Batts announced that staff intends to advertise
for the Television Inspection of Sanitary Sewers, DP5547 Phase 4 on May
6, 2005 and May 11, 2005 with bid opening on May 20, 2005. The
position paper for award is planned for June 2, 2005. The work is a 1-year
service contract that provides sewer TV inspection services for the
District-wide assessment of the sewer system. The estimated quantity of
TV inspection is 1,000,000 feet.
General Manager Charles Batts announced that the District has received
three out of four responses to the RFP for actuarial services related to
GASB 45, public agency accounting of Other Post Employment Benefits.
Staff will be interviewing the firms that meet the requirements listed in the
RFP. Staff is hoping to review the selection at the Finance Committee
meeting on May 2, 2005, and will announce the final decision to the Board
on May 5, 2005.
COUNSEL FOR THE DISTRICT
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c.
SECRETARY OF THE DISTRICT
Secretary of the District Elaine Boehme distributed a memo outlining proposed revisions
to the Board agenda format to add a Staff Recommendation line to agenda items. She
stated that she will mail Boardmembers the Action Summary prepared following each
regular Board meeting.
d.
BOARD OF DIRECTORS
1)
Member Lucey, Chair of the Budget and Finance Committee, reported that
he and President Hockett reviewed the expenditures and took no
exception.
Motion was made by Member Lucey and seconded by Chair Hockett that
the Expenditure List dated April 21, 2005, including Self Insurance Check
Nos. 102215 to 102216, Running Expense Check Nos. 155000 to 155259,
Sewer Construction Fund Check Nos. 27572 to 27597, Payroll Fund
Manual Check Nos. 49031 to 49037 and Payroll Regular Check Nos.
55382 to 55409 be approved as recommended. Motion passed by
unanimous vote of the Board.
2)
Member Lucey, Chair of the Real Estate Committee, reported that the
Committee met with staff on April 12, 2005. He stated that staff presented
an update on the Kiewit property RFP and on proposed Conco Cement
Company and U.S. Development County land use permits.
Member Nejedly stated that a request has been received from Bay Cities
Paving and Grading that they be permitted to lease approximately 2 acres
of the Kiewit site for the storage of reprocessed gravel for a 6-month
period. He stated that Bay Cities indicated it would fully comply with any
County requirements. He concluded that the Committee supported
granting of the request.
Motion was made by Member Lucey and seconded by Member Nejedly to
direct staff to prepare a short-term lease with Bay Cities Paving and
Grading for a portion of the Kiewit property for the storage of rock and
aggregate, with Bay Cities required to obtain necessary County permits
and insurance, and be responsible for preparation and clean-up of the site
upon termination of the lease, with the lease to be brought back on the
Consent Calendar for Board approval. Motion passed by unanimous vote
of the Board.
3)
Member Menesini reported on the April 18, 2005, Contra Costa Special
Districts Association Meeting, including that the new LAFCO management
had requested an increase in the budget, and stated that the Association
is working on a new outreach program for Special Districts.
He stated that the guest speaker was Bill Pollacek, County Treasurer and
member of the Contra Costa County Employees' Retirement Association,
who discussed pension reform.
BREAK
At 3:12 p.m., President Hockett declared a recess, reconvening at the hour of 3:21 p.m.
with all parties present at previously designated.
Member Lucey stated that he has been attending pension meetings. He
said that, with regard to the County pension, the Board can determine who
are designated safety officers. This has traditionally been Fire and Police,
but now that is being expanded, and Probation Officers are now
considered safety officers. The District Attorney is making the same
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claim, he said, and alerted the Board to the continuing expansion of
designated safety officers.
4)
Member Menesini commended Director Jim Kelly on his report on mercury
at the Environmental Alliance meeting held on Monday, April 18, 2005.
7. ENGINEERING
a.
PROVIDE BOARD WITH INFORMATION REGARDING THE COST OF
MAINTAINING THE SHELL PIPELINE AND POTENTIAL ALTERNATIVES AND
RECEIVE BOARD DIRECTION
General Manager Charles Batts stated that at the March 25, 2005 Recycled Water
Committee meeting, staff presented a report on the options relating to continued
investment in the Shell Pipeline. At the April 7, 2005 Board meeting, the Committee
reported the staff's recommendation to offer the portion of the line within East Bay
Municipal Utility District's (EBMUD) jurisdiction to EBMUD. The Board requested that
the Shell Pipeline issue be brought to the full Board for consideration.
Assistant Engineer Melody LaBella presented a report, stating that the Shell pipeline
was originally constructed in 1965-67, and was in service for four years to transport
gasoline, jet fuel and diesel fuel. In 1994, the District purchased 83,000 feet of the
pipeline for $1.
She stated that seven sections of the pipe have been removed over the years, one as
large as 35 feet. The pipeline was purchased originally to provide recycled water to the
Lamorinda area. The District would wholesale the recycled water to East Bay Municipal
Utility District, who would purchase their portion of the pipeline. She stated that the
pipeline's exact location is not fully identified and cannot be mapped on the District's
200 foot scale system maps. Many of the original test stations which would be used to
locate the pipeline have been buried or paved over.
She described the costs associated with proper maintenance of the pipeline, including
the installation of test stations, survey and mapping of the pipeline, and possible repair
or replacement of the cathodic protection system in the near future. The approximate
cost to locate the entire pipeline would be $444,000.
She stated that the development projects planned for the Orinda area have eliminated
many large-demand recycled water customers. It has not been financially feasible for
EBMUD to move forward on the Lamorinda project, and EBMUD has been investigating
other ways of providing recycled water to sites identified as being served by the
pipeline.
She concluded that alternatives include continuing with the current practice and risk
damage to the pipeline; locating a portion or all of the pipeline and maintaining it as a
District asset; authorizing staff to offer EBMUD the first right of refusal to purchase the
portion of this pipeline in their service area; or, if EBMUD is not interested, seeking
authorization from Shell to investigate other potential buyers.
Member Menesini stated that, at one time, the pipeline was considered a valuable
asset, particularly if planned developments in Orinda were constructed which would
require recycled water. He expressed concern that the cost of repairing and
maintaining the pipeline may far exceed any revenue from its future use. He stated that
he would consider it fortunate if a buyer were found.
Member Nejedly stated that, in his opinion, the pipeline is a valuable asset and that he
does not support its sale at this time. He stated that the District should attempt to
recoup funds already spent on the pipeline and expressed support for retaining it.
Member Lucey expressed concern that large chunks of the pipeline had been permitted
to be removed. He stated that he considers the pipeline to be a valuable asset that has
been allowed to deteriorate, and that none of the alternatives presented is desirable.
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Member Menesini concurred with comments by Member Lucey, and requested that
more in-depth information be provided on what it would cost to retain the pipeline vs. the
benefit gained if it were to be sold.
President Hockett expressed interest in selling a portion of the pipeline to EBMUD but
retaining the remainder for future use to distribute recycled water. She also requested
more in-depth information.
General Manager Charles Batts stated that the District will obtain additional information
as requested and will return to the Board at a later date.
8. BUDGET AND FINANCE
a.
APPROVE 2005-2006 EQUIPMENT BUDGET
General Manager Charles Batts stated that the 2005-06 Equipment Budget was
submitted for review at the Capital Projects Workshop on March 24, 2005. The
Committee did not suggest any changes to the budget. Staff is recommending approval
of the 2005-06 Equipment Budget for inclusion in the District Budget to be adopted at
the June 16, 2005 Board meeting.
Motion was made by President Hockett and seconded by Member Nejedly to approve
the 2005-06 Equipment Budget for inclusion in the District Budget as recommended.
Member Lucey stated he would not support the motion for reasons stated at prior
meetings, which are concerns that, in his opinion, Plant Operations and CSO do not hire
women for traditional male jobs.
Motion passed by the following vote of the Board:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Menesini, Nejedly, Hockett
Lucey
None
9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION:
a.
AUTHORIZE CONTINUATION OF EMERGENCY REPAIR OF SEWER LINE IN
DEL OCEANO DRIVE IN THE UNINCORPORATED AREA OF THE COUNTY
General Manager Charles Batts stated that Arrow Construction has completed the new
sewer main installation, reconnected the three lateral connections, and backfilled all the
excavation holes. The new sewer main is in service and functioning properly. Site
restoration is almost complete - the remaining items are replacing/re-storing fencing and
minor landscape work. He stated that he is terminating the emergency action and a full
project report will be given when the project is closed.
10. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS
None.
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11. ADJOURNMENT
There being no further business to come before the Board, President Hockett adjourned
the meeting at the hour of 3:56 p.m.
COUNTERSIGNED:
~~~
Secretary of the Central Contra Costa
Sanitary District, County of Contra Costa,
State of California
P1:~ ~J~ ~f¿11
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
4-21-05