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HomeMy WebLinkAboutBOARD MINUTES 11-17-05 56 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON NOVEMBER 17,2005 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 Thursday, November 17, 2005. President Hockett called the meeting to order and requested that the Secretary call roll. I 1. ROLL CALL PRESENT: Members: Boneysteele, Lucey, Menesini, Nejedly, Hockett ABSENT: Membeffi: None a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance to the Flag. 2. PUBLIC COMMENTS There were no public comments. 3. CONSENT CALENDAR It was moved by Member Lucey and seconded by Member Menesini to approve the Consent Calendar, consisting of Items a. and b. as recommended, to adopt resolutions, and to authorize recordings. Motion passed by unanimous vote of the Board. a. Adopt Resolution 2005-128, accepting a grant of easement from Tom and Cydney Richardson (District Project No. 690 - Parcel 8). I b. Set public hearing on December 15, 2005, to receive public comment on the collection of delinquent charge by placing it on the County tax roll. 4. HEARINGS a. CONDUCT A HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PUBLIC EASEMENTS FOR SANITARY SEWER AND ACCESS PURPOSES AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE ALHAMBRA VALLEY TRUNK SEWER PROJECT, DISTRICT PROJECT NO. 5919 - PORTION OF STRENTZEL LANE General Manager Charles Batts stated that there is a public need for sewer service to portions of the Alhambra Valley. Staff is acquiring right of way for the Alhambra Valley Trunk Sewer Project, which is designed to meet this need. Acquisition of easements through a portion of Strentzel Lane, a private road, has been I difficult due to the status of the ownership. Offers were mailed to 18 parties having a potential interest in this strip of land. Although these negotiations are ongoing, staff is recommending to the Board that eminent domain proceedings be authorized in order to acquire the proposed easements and meet the construction schedule. He stated that the hearing has been scheduled to give the Board opportunities to consider evidence related to this action and hear from affected property owners or interested parties. Staff has prepared a report to the Board that will provide information regarding the need for this project and the proposed easements. 11-17 -05 I I I 57 Senior Engineering Assistant Rick Hernandez presented a report, stating that staff has been negotiating on right-of-way acquisition for the past few months. Due to the complexity of tRe ownership, negotiations have been slow. He reviewed evidence to be considered prior to adoption of the Resolution of Necessity, which includes findings that the public interest and necessity require the proposed project; the proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; and the property described in the resolution is necessary for the proposed project. Environmental Services Division Manager Curt Swanson discussed the need for the project and described the recommended sewer route. He stated that all the existing homes are on septic tanks or other similar system, all of which are old and beginning to fail. He stated that the proposed sewer line will extend from Gilbert Lane and go south for approx 6500 feet to the intersection of Alhambra Valley Road and Reliez Valley Road. The sewer line will be 10-12" in diameter and will directly serve approximately 75 properties and indirectly serve approximately 150. The estimated cost of the project is $2 million. He stated that three possible routes were identified and described the criteria used, including providing gravity service, locating in roads or accessible easements, avoiding backyard easements, avoiding deep excavations and unstable areas, and limiting creek crossings and siphons. With those criteria in mind, he stated that Route NO.1 is the preferred route. Senior Engineering Assistant Rick Hernandez described efforts to date regarding the right- of-way acquisition on a portion of Strentzel Lane. He stated that the County Assessor did not have ownership information on the property. Staff contacted the title company for ownership information, which provided numerous ownership interests, including heirs of the Hanna and Strentzel families and the Muir family. Contra Costa County built a storm drain a few years earlier and hired a private investigator to locate the heirs. The County assisted staff with locating them and offers were sent out. Another party involved in the acquisition is the National Parks Service, who stated that they do not grant easements but would grant a right-of-way permit. He stated that the road is also encumbered with numerous easements and acquisition has been very complicated. In response to a question from Member Lucey, Mr. Hernandez responded that the non- exclusive easement value is approximately $5,300 according to a recent appraisal. District Counsel Kent Aim explained that the hearing is not for the condemnation of National Parks Service property or right-of-way that might be needed. He also stated that the Hanna Family Trust appears to include most of the potential owners, who have provided quitclaim deeds to one of the owners here today. The District's position is that, even though quitclaims have been executed, clear title cannot be obtained unless condemnation proceedings occur. In response to a question from Member Menesini, Mr. Hernandez stated that the Muir Hanna Family Trust is one of the ownership parties. Staff has been working with their representative and is trying to determine how many heirs are involved. He stated that, in addition to the Trust, there were at least 16 other parties mentioned having an interest in this strip. In response to a question from Member Boneysteele, District Counsel Kent Aim confirmed that the District is not attempting to exercise eminent domain over the National Parks Service property. The public hearing was opened. Cathy Lucas, Strentzel Lane resident, expressed support for the sewer project but voiced concerns regarding engineering issues and limitations on planting her property. She stated that, in her opinion, methods of communication used by the District were not customer friendly. Judy Overfield, Alhambra Valley Road resident, stated her general support for the sewer project. She stated that negotiations have been non-existent. She expressed concern regarding the potential for increased growth in the neighborhood. She stated that the 11-17 -05 58 property in question is owned by the Lucas Trust, and did not understand why there was confusion regarding ownership. Dave Hanna, Alhambra Valley Road resident, stated that the Flood District installed a drainage system a few years earlier and went through same ownership issues. The Flood District determined that the property was owned by the Muir Hanna Trust. The Flood District accepted a quitclaim deed from the Trust for the easement. He recommended that the District obtain a quitclaim from the Lucas family to resolve the ownership issue. Member Nejedly responded to concerns expressed by speakers regarding the potential for I rampant building in the area, stating that the District is not the agency responsible for controlling growth or development. He confirmed that recently-planted small trees may need to be removed but will be replaced. Staff affirmed that notices of the hearing were sent to those affected by the condemnation, and notices of previous hearings held on the project were mailed to all the property owners in the valley. Member Menesini stressed that the District pays significant attention and attaches great importance to maintaining the environment, and minimizing impact on foliage and trees during projects. He stated that the District works hard to ensure that property is returned to its original condition wherever possible. Ms. Lucas responded that assurances of that nature were also received from the Flood District, but that did not occur. Rick Smith, National Parks Service Deputy Superintendent for the John Muir Historic Site, concurred with District Counsel Aim's comments earlier in the meeting. He stressed that the easement sought by the District does not affect the Federal Government's right to access for traffic or other uses. He stated that Parks Service staff have been working with District staff, but to date the Parks Service has not granted the District access on Route No.1. I Attorneys for both agencies will be communicating regarding the easement issue and attempting to resolve it. Member Lucey responded to comments made by prior speakers. He stated that, while he understood their concerns, a 12" pipe installed under a roadway is quite different from the Flood District's installation of a five-foot pipe along a property line. He assured speakers that the District will be considerate of residents' property access while the project is underway. With regard to ownership, he explained that, while the speakers assert that they are the legal owners, such claims are not supported by the County tax roles at this time. The District must obtain absolute proof of ownership before it can legally proceed with the project. He stated that the appropriate funds will be placed in escrow and disbursed to the legal owner. The public hearing was closed. Member Boneysteele recommended that the District appoint a public relations person to work on resolving the matter and to work with the residents and Parks Service. He suggested that it be referred back to the General Manager for resolution. It was moved by Member Boneysteele to reassign the matter back to the General Manager with the suggestion that he delegate it to an appropriate person to investigate and report back to the Board with a proposed action. Motion died for lack of a second. I It was moved by Member Menesini and seconded by Member Lucey to adopt Resolution of Necessitv 2005-129, authorizing eminent domain proceedings, and confirming that the public interest and necessity require the proposed project; the proposed project is planned or located in the manner most compatible with the greatest public good and least private injury; and the property described in the Resolution is necessary for the proposed project. Motion passed by the following vote of the Board: 11-17 -05 I I I AYES: NOES: None. a. 59 Members: Lucey, Menesini, Nejedly, Hockett Members: Boneysteele 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER 6. REPORTS GENERAL MANAGER REPORTS 1) Report on Joint Powers Agreement for Morello Bridges General Manager Charles Batts stated that the District has been working with the City of Martinez to resolve issues related to the District's sewer which is supported beneath pedestrian bridges in Hidden Lakes Park in Martinez. Associate Engineer Tom Godsey stated that the two connected bridges were built in 1981 to serve the Diablo Valley Estates subdivision. The Martinez Planning Commission and City Council made a combination of pedestrian and pipe bridges a condition of approval of the project. He showed map of location of the bridges, stating that they show signs of wood failure. The City of Martinez asked the District to repair the bridges in 2001, but he stated that staff research indicated that the ownership of the bridges was unclear. Staff investigation of the condition of the bridges resulted in the City of Martinez being advised to close the bridges, which they did. The closure of the bridges has been on the San Francisco Chronicle watch list for 2.3 years. He stated that various alternatives were considered. Staff recommends that the District and City share the cost equally to construct new sewer/pedestrian bridges, which would cost the District approximately $196,000. That alternative will ensure reliable future sewer service, will allow the City to solve the community issue regarding the bridges, and will provide a cost-effective solution for both agencies. The City of Martinez will assume future ownership and maintenance responsibilities for the bridges. Member Lucey stated that he would likely support the staff recommendation, but inquired whether staff had considered having the City of Martinez build its own bridge. Staff responded that it had been considered and disregarded as a viable option. Member Menesini stated that he supports the staff recommendation. General Manager Batts stated that Board approval of a JPA will be considered at a future meeting. 2) Report on North Orinda Sewer Renovation, Phase 1 General Manager Charles Batts stated that, at the June 16, 2005 Board meeting, the Board authorized the award of the North Orinda Sewer Renovation Phase I Project to McNamara & Smallman Construction. The project entails replacing 10,700 feet of old deteriorated sewers in Orinda as a result of the of the ongoing District-wide TV Program. Assistant Engineer Edgar Lopez provided an update on the status of the project, stating that the project was awarded on June 16, 2005 for $2,173,665, utilizing open trench and trenchless techniques. He showed slides of various stages of the project. He described the challenges of the project, including structures on easements, hard rock and poison oak. He stated that the contract is expected to be completed by early February, 2006. The project is 75% complete, with only one change order totaling $19,000. 11-17 -05 60 3) Report on Joint Powers Agreement for San Ramon Force Main "Landscape Mitigation. General Manager Charles Batts stated that the Encroachment Permit issued by the City of San Ramon in 2002 for the San Ramon Schedule C Force Main Project (a project resulting from the settlement agreement with the City) required the District to install landscaping at the Iron Horse Trail entrances affected by the construction. The landscape mitigation was delayed at the request of the City of San Ramon to allow for construction of the East Bay Municipal Water District and Dublin San Ramon Services District Recycled Water Authority's (DERWA) recycled water line. I Construction of the DERW A recycled water line has been completed and the District may now proceed with the Landscape Mitigation Project. District staff has met with DERW A staff to work out a cost sharing arrangement for areas affected by both construction projects. Principal Engineer Tad Pilecki provided an update on the status of the project and the negotiations with DERW A. He stated that landscape mitigation is a condition of the 2002 City of San Ramon encroachment permit for the District's force main project, which was completed in December 2002. The District was ready to proceed with the landscape mitigation when DERWA announced that it would be building its recycled water line, following along some of the District's alignments. The City of San Ramon requested that the District delay installation of landscaping until the conclusion of the DERW A project. DERW A completed their recycled water line early this spring so the landscaping mitigation can now proceed. He displayed maps showing the extent of the proposed landscaping project and the impact on the Iron Horse Trail. He stated that staff is working with several agencies regarding cost-sharing. The City will install additional landscaping on the south side of Pine Valley. East Bay Regional Park District, the City of San Ramon and Contra Costa County Public Works will enter into a license agreement spelling out their roles in future operation and I maintenance. He stated that the cost to landscape the four shared sites - the north side of Pine Valley Road, two sites at Montevideo Drive, the south side of Bollinger Canyon Road _ will cost the District approximately $64,000. That is a 50/50 split with DERWA, who will pay their share of design, construction and administration and will pay for the water meters for those sites. The landscaping of the three sites in which DERW A is not participating - Bollinger Canyon North and both sides of Norris Canyon - will cost the District approximately $319,000. Of that, $150,00 is the cost for the water meters charged by East Bay Municipal Utility District. Staff is continuing to negotiate with that agency to try to reduce that cost. Mr. Pilecki responded to a question from Member Lucy, confirming that Pine Valley Road is not within the District. He stated, however, that it was used as an access road during the San Ramon Force Main Project. 4) General Manager Charles Batts stated that, on November 9, 2005, District staff conducted a meeting with residents who live along Milthwait Drive, I Millican Court, and Gordon Way in the Alhambra Valley. The purpose of the meeting was to describe the process and costs of extending public sewers to serve these neighborhoods, and to assist the neighbors in organizing projects to design and construct sewers. Approximately 35 people representing half of the 50 properties in the neighborhood attended the meeting. Board Member Lucey attended the meeting and spoke to the residents. By the end of the meeting, two residents volunteered to be leaders in organizing the neighborhood, finding an engineering consultant to design the sewer extension, and selecting a contractor. 11-17 -05 I I I 61 5) The Milthwait Drive/Gordon Way area is the largest neighborhood interested in a public sewer extension. Staff will be scheduling meetings over the next several weeks with residents of the other neighborhoods in the Alhambra Valley to describe the public sewer extension process. General Manager Charles Batts stated that on the evening of Tuesday, November 15, 2005 at Walt Disney Elementary School in San Ramon, the City of San Ramon and Central San conducted a public meeting to discuss actions taken after the 2004 sewage spill. About 15 citizens attended, along with City staff and one council member, San Ramon Valley Fire Protection District staff, San Ramon Police Department staff, and Dublin-San Ramon Services District staff. Bill Brennan and Jim Kelly represented the District. The District portion of the presentation focused on the positive actions taken by the District to 1) prevent future overflows, 2) make the pumping station more reliable, and 3) improve our emergency response. In addition, the District funding of Supplemental Environmental projects in San Ramon was described. The City's Presentation discussed the role of each agency in a future emergency response. The attendees asked a number of detailed questions, and staff's sense of the meeting was the attendees believed the District has taken all reasonable steps to prevent a future overflow. No further meetings are anticipated, although staff is planning to hold a future emergency response drill with the City. 6) General Manager Charles Batts announced that, after exchanging several proposals on the price structure of landfill gas based on the cost of natural gas, the District and Bulldog Gas and Power have not reached an agreement. Staff and Bulldog Gas and Power agreed to extend the current contract for a period of one year. The current contract has provisions for extending the contract in one-year increments should neither party object or give notice of termination. 7) General Manager Charles Batts stated that the District's NPDES permit renewal application is due for submittal to the Regional Water Quality Control Board on November 30, 2005. The current permit will not expire until May 30, 2006, which is intended to give RWQCB staff time to write the new permit conditions. Based on recent comments by RWQCB staff, their limited staffing resources and current work focus will likely delay the issuance of permits beyond this scheduled date. The Report of Waste Discharge summarizes past performance, acknowledges the completion of action items during the previous permit period, and allows staff an opportunity to request changes and address compliance concerns. The primary District concern in this permit renewal is the Mercury limit. With the TMDL remanded back to the RWQCB and the uncertainty of what the final requirements will entail, District staff is requesting the continuance of our existing limits until 2010 or the completion of the TMDL and a compliance schedule. The NPDES permit is to be renewed every five years. General Manager Charles Batts stated that the Rossmoor Community Thermometer Exchange event on November 16, 2005 was a rousing success. Staff had anticipated 250 thermometer exchanges; there were actually over 700 exchanges that occurred in a 5-hour period. The event was held in the parking lot of the Rossmoor Club house, and signage was prominent, as was the tent with the banner announcing the exchange event. Residents were already lined up at the beginning of the day, and people flowed in steadily throughout the day. Staff serving the Rossmoor community included Elaine Jacobs and David Wyatt and two employees from the CCCSWA. Board Member Parke Boneysteele was there for much of the day, helping out early in the morning to provide thermometers as the first crowds appeared. Board of Supervisor member Gayle Uilkema also dropped by in the early afternoon. 9) General Manager Charles Batts announced the selection of the new Purchasing and Materials Manager. Mr. James Warrington will officially begin 8) 11-17 -05 62 his employment at the District on November 30, 2005. The position paper for his appointment will be on the December 1, 2005 Board Meeting agenda and Mr. Warrington will be introduced at that time. b. COUNSEL FOR THE DISTRICT District Counsel Kent Aim announced that there would be a closed session immediately following the meeting. c. SECRETARY OF THE DISTRICT Secretary of the District Elaine Boehme announced two upcoming CASA conferences in Palm Springs and Washington D.C. She announced that she will be attending the City Clerks Association New Law and Election Seminar in Monterey, December 7-9,2005. d. BOARD OF DIRECTORS 1) Member Lucey, Chair of the Budget and Finance Committee, reported that the Committee reviewed the Expenditures and took no exception. It was moved by Member Lucey and seconded by President Hockett to approve the Expenditure List dated November 17, 2005, including Self Insurance Check Nos. 102274 to 102275, Running Expense Check Nos. 158122 to 158335, Sewer Construction Fund Check Nos. 28173 to 28201, Manual Payroll Checks 49072 to 49079, and Regular Payroll Checks 55624 to 55651 as recommended. Motion passed by unanimous vote of the Board. 2) Member Lucey reported on the November 15, 2005 Real Estate Committee meeting. Member Menesini inquired whether staff had looked into using the former Animal Shelter site for CSO storage. Member Lucey responded that the property consists primarily of retail space. 3) Annou ncements Member Menesini announced the upcoming Environmental Alliance meeting on November 21 , 2005 at which a representative of the Environmental Protection Agency will speak about the Delta, including the fish population and failing levees. Member Lucey described a recent article in the Los Angeles Times regarding tests undertaken near outfalls in Santa Monica several miles out to sea which determined that fish in the area were subject to hormonal changes. Similar tests will also be done in the Bay Area. 7. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A 10-YEAR RECYCLED WATER SUPPLY AGREEMENT WITH BUCHANAN FIELDS GOLF COURSE THAT INCLUDES A $30,000 CREDIT FOR SALT MITIGATION MEASURES General Manager Charles Batts stated that staff recommends that the Board authorize the General Manager to renew the recycled water use agreement with Buchanan Fields Golf Course for another ten years. The agreement includes a one-time credit of $30,000 to help remove salts that have accumulated in the soils. Staff believes the District's best interests are served a new agreement that provides a long-term revenue source for the District's recycled water program, also helping to resolve the salt buildup problem may be a future issue for retaining other District customers. On October 25, 2005 the Board Recycled Water Committee met and endorsed staff's recommendation. In response to a question from Member Lucey, General Manager Batts stated the approximate annual revenue the District is $110,000. (Note: the correct annual revenue as stated in the position paper was approximately $50,000.) 11-17 -05 I I I I I I 63 It was moved by Member Lucey and seconded by Member Menesini to authorize the General Manager to execute a 1 O-year Recycled Water Supply Agreement with Buchanan Fields Golf Course as recommended, with a one-time $30,000 credit and an annual revenue to the District of approximately $50,000. Motion passed by unanimous vote of the Board. 8. TREATMENT PLANT a. AUTHORIZE EXTENSION OF A COGENERATION SYSTEM MAINTENANCE CONTRACT WITH SOLAR TURBINES FOR $178.046 PER YEAR FOR A TERM OF FIVE YEARS General Manager Charles Batts stated that the maintenance contract for the District's cogeneration gas turbine expires on December 1, 2005. Solar Turbines has provided maintenance services for the cogeneration system since its installation in 1994. Solar Turbines has met the goal of 95 percent up-time for 8 of the past 10 years, and has responded in a timely manner during several unexpected equipment failures. The proposed contract extension is for a 5-year period. The only changes to the contract are outlined in the position paper and deal with the escalation clause and clarification of cost sharing for the replacement of obsolete equipment. It was moved by Member Menesini and seconded by Member Nejedly to authorize the General Manager to extend the maintenance contract with Solar Turbines as recommended. Motion passed by unanimous vote of the Board. 9. APPROVAL OF MINUTES It was moved by Member Nejedly and seconded by Member Lucey to approve the minutes of October 20,2005. Motion passed by unanimous vote of the Board. 10. BUDGET AND FINANCE a. APPROVE AN INCREASE TO THE DISTRICT'S ASSET CAPITALIZATION LIMIT AND RAISE THE GENERAL MANAGER'S AUTHORITY LIMIT FOR THE EQUIPMENT BUDGET CONTINGENCY FUND General Manager Charles Batts stated that the Board is being asked to approve an increase in the District's Capitalization Limit from $1,000 to $5,000 for all fixed assets and equipment purchases. The District's external auditor at the review of the audited financial statements discussed this recommendation with the Board. A Government Finance Officers Association publication recommends a minimum of $5,000 based on efficiency purposes. Staff would continue to track certain items such as digital cameras, computers and laptops. He stated that staff also reviewed the limits set forth at neighboring agencies and found $5,000 to be the recommended limit. Staff also recommends, based on the auditor's suggestion, that the General Manager's authority limit for the Equipment Budget Contingency Fund be raised from $5,000 to $10,000 to accommodate the increase in the capitalization limit. Member Menesini inquired why staff monitors laptops, computers and digital cameras. It was moved by Member Menesini and seconded by Member Lucey to increase the District's asset capitalization limit from $1,000 to $5,000 and increase the General Manager's authority limit for the Equipment Budget Contingency Fund from $5,000 to $10,000. Motion passed by unanimous vote of the Board. b. REVIEW AND APPROVE THE REVISED STATEMENT OF INVESTMENT POLICY General Manager Charles Batts stated that the District's external auditor, AJ Majors, completed a performance evaluation of the District's investments per the current Investment Policy, which requires this review every four years. Mr. Majors recommended that the review be done every year instead of every four years, and that more specific language be added to the District's Investment Policy to describe this review. 11-17 -05 64 Controller Debbie Ratcliff briefly described the changes, stating that staff concurs with the recommendations of the auditor. She stated that a definition has also been added regarding weighted average of the portfolio, to ensure consistency in future calculations. It was moved by Member Menesini and seconded by Member Nejedly to approve the District's revised investment policy. 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 12. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None. 13. CLOSED SESSION: The Board recessed at 3:52 p.m. to reconvene in Closed Session in the Caucus Room to confer with Legal Counsel on existing litigation pursuant to Section 54956.9 (a) of the Government Code - Suzanne Renee Brown vs. Central Contra Costa Sanitary District, et al - Contra Costa County Superior Court Case No. C05-00416. 14. REPORT OF DISCUSSIONS IN CLOSED SESSION: None. 15. ADJOURNMENT There being no further business to come before the Board, President Hockett adjourned the meeting at 4:25 p.m. AAa ~ . a D President of the oard of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: ~~ Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California 11-17 -05 I I I