HomeMy WebLinkAboutBOARD MINUTES 03-01-07
MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD ON MARCH 1, 2007
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, March 1, 2007.
President Nejedly called the meeting to order and requested that the Secretary call roll.
1. ROLL CALL
PRESENT: Members: Hockett, Lucey, McGill, Menesini, Nejedly
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 McGill to approve the
Consent Calendar, with the exception of Item 3.a.; to adopt resolutions, and to authorize
recordings. Motion passed by unanimous vote of the Board. Item 3.a. was approved
later on the agenda.
b. Approve minutes of February 1, 2007 Board Meeting.
c. Adopt Resolution 2007-021 accepting offers of dedication from King Estates L.P.,
accepting public sewer improvements (Job 5399, Parcel 1, Oak Branch Way,
Walnut Creek area), and authorize staff to record documents with the Contra
Costa County Recorder.
d. Adopt Resolution 2007-022 accepting an offer of dedication from John and Flora
Pinella, accepting public sewer improvements (Job 5399, Parcel 2, King Drive,
Walnut Creek area), and authorize staff to record documents with the Contra
Costa County Recorder.
Book 56 - Page 49
Board Minutes of March 1, 2007
e. Adopt Resolution 2007-023 accepting an offer of dedication from Morgan Capital
Investment Properties, accepting public sewer improvements (Job 5399, Parcel
3, King Drive, Walnut Creek area), and authorize staff to record documents with
the Contra Costa County Recorder.
f. Adopt Resolution 2007-024 accepting an offer of dedication from Morgan Capital
Investment Properties, accepting public sewer improvements (Job 5399, Parcel
4, King Drive, Walnut Creek area), and authorize staff to record documents with
the Contra Costa County Recorder.
g. Adopt Resolution 2007-025 accepting an offer of dedication from M. Joan
Stewart, accepting public sewer improvements (Job 5399, Parcel 5, King Drive,
Walnut Creek area), and authorize staff to record documents with the Contra
Costa County Recorder.
h. Adopt Resolution 2007-026 accepting an offer of dedication from Randy L.
Bauder and Mary Susan Bauder, accepting public sewer improvements (Job
5399, Parcel 6, King Drive, Walnut Creek area), and authorize staff to record
documents with the Contra Costa County Recorder.
i. Adopt Resolution 2007-027 accepting an offer of dedication from Deanne
Vanderkous, accepting public sewer improvements (Job 5409, Parcel 1,
Springhill Road, Lafayette area), and authorize staff to record documents with the
Contra Costa County Recorder.
j. Adopt Resolution 2007-028 accepting an offer of dedication from UTa Un,
accepting public sewer improvements (Job 5409, Parcels 2A and 2B, Springhill
Road, Lafayette area), and authorize staff to record documents with the Contra
Costa County Recorder.
k. Adopt Resolution 2007-029 accepting an offer of dedication from Michael
Fischman, accepting public sewer improvements (Job 5409, Parcel 3, Springhill
Road, Lafayette area), and authorize staff to record documents with the Contra
Costa County Recorder.
I. Adopt Resolution 2007-030 accepting an offer of dedication from East Bay
Regional Park District, accepting public sewer improvements (Job 5409, Parcels
5 and 6, Springhill Road, Lafayette area), and authorize staff to record
documents with the Contra Costa County Recorder.
m. Adopt Resolution 2007-031 accepting an offer of dedication from Ernie and
Jeanne Gabiati, accepting public sewer improvements (Job 5409, Parcel 8,
Springhill Road, Lafayette area), and authorize staff to record documents with the
Contra Costa County Recorder.
Book 56 - Page 50
Board Minutes of March 1, 2007
n. Adopt Resolution 2007-032 accepting an offer of dedication from The San
Francisco Bay Girl Scout Council, accepting public sewer improvements (Job
5409, Parcel 9, Springhill Road, Lafayette area), and authorize staff to record
documents with the Contra Costa County Recorder.
o. Adopt Resolution 2007-033 accepting an offer of dedication from Castle rock,
L.P., for easements shown on the recorded final map of minor Subdivision 801-
00 in the City of Walnut Creek, accepting Job 5531 public sewer improvements,
and authorize staff to record documents with the Contra Costa County Recorder.
p. Adopt Resolution 2007-034 accepting an offer of dedication and Job 5748 public
sewer improvements from Windemere BLC Land Company, LLC, for easements
shown on the recorded final map of Subdivision 8509 in the Dougherty Valley,
and authorize staff to record documents with the Contra Costa County Recorder.
q. Accept the contract work for the 2006 Cured-in-Place Pipe, District Project Nos.
5956, 5957, and 5959, and authorize the filing of the Notice of Completion.
r. Approve registration differential salary merit increase for Accountant Thea
Vassallo.
s. Authorize medical leave of absence without pay for Steve Cavin, Household
Hazardous Waste Technician II.
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 DISTRICT
PROJECT 5868, NORTH ORINDA SEWER RENOVATIONS. PHASE 2.1
General Manager James Kelly stated that, for the past several years, staff has worked
on a multi-phase sewer renovation project for North Orinda. A portion of Phase 2 was
delayed due to difficulties during negotiations for easements over properties in the
Sleepy Hollow area. Of the 23 properties where easements are needed for Phase 2.1,
staff has been unable to successfully conclude negotiations for five of them. Staff is
recommending eminent domain proceedings be initiated so that project construction can
be completed prior to the next wet weather season. The hearing today is required to
allow affected property owners to appear and be heard, and for the Board to consider
adopting a Resolution of Necessity for the project.
Principal Engineer Jarred Miyamoto-Mills presented a report, stating that staff is
recommending initiation of eminent domain proceedings at this time. He stated that
several issues must be addressed: whether the public interest and necessity require
the proposed project; whether the project is planned and located in a manner that will
Book 56 - Page 51
Board Minutes of March 1, 2007
be most compatible with the greatest public good and least private injury; whether the
easements sought to be acquired are necessary to the project; whether the District has
complied with all conditions and statutory requirements, and whether the District has the
statutory authority to acquire the easements by eminent domain.
Associate Engineer Dana Lawson stated that the project would replace 4,000 feet of 6-
inch and 8-inch pipe in backyard easements located in north-east Orinda, bordered by
Van Tassell, Tarry, and Snowberry Lanes. Project (temporary construction) and new
permanent easements are needed on five properties to continue gravity service. The
project will reduce overflows in the East Bay Municipal Utility District watershed and
reduce the frequency of required maintenance. Damaged and deteriorated pipe will be
replaced with minimal impact to trees and improvements. No-dig technology will be
utilized whenever possible and hand-digging conducted under large oak trees and close
to houses. The five properties affected are 21 Snowberry Lane, 76, 80 and 84 Tarry
Lane, and 10 Katrina Court. Offers were made to the property owners in letters mailed
on January 29,2007. The offers included summaries of the basis for the amount
established as just compensation in compliance with Government Code Section 7267(a)
and (b).
Mr. Miyamoto-Mills stated that District legal counsel has advised that the District has
complied with all conditions and statutory requirements necessary to exercise the power
of eminent domain. Eminent domain proceedings are authorized by Health and Safety
Code Section 6512 and 6514. He concluded his presentation with the acquisition
schedule, which concludes with the construction period commencing on June 18, 2007
and ending on November 15, 2007. He announced that the draft resolution in the
Position Paper had an error in it with regard to units of measure, and should be
amended to read 80 overflows per 100 miles per year.
The public hearing was opened.
Ms. Bess Greenlaw expressed her objection to the proposal to dig up her driveway to
access the sewer line. She suggested that access be obtained by using the existing
sewer line on her neighbor's property.
The public hearing was closed.
Board Members discussed the project and concurred that the proposed access down
Ms. Greenlaw's driveway was the most logical. They asked staff to make sure that Ms.
Greenlaw was introduced to the staff liaison for the project. Member Hockett stressed
that the property should be left in good condition and the fence replaced if necessary.
It was moved by Member Lucey and seconded by Member Hockett to adopt
Resolution of Necessity No. 2007-035, as revised, with appropriate findings. Motion
passed by unanimous vote of the Board.
Book 56 - Page 52
Board Minutes of March 1, 2007
5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
None
6. REPORTS
a. GENERAL MANAGER
1) Report on Proposed Capacity Fee Increase and Revised Schedule of
Environmental and Development-Related Rates and CharQes
General Manager James Kelly stated that, for the past several years, the District
has had to annually recalculate and adjust Capacity Fees and Development-
Related Rates and Charges so that the rates reflect the cost of service as closely
as possible, and to avoid larger increases that would likely be required if
adjustments were less frequent. A briefing memo was distributed with the Board
agenda describing staff's recommendations.
Principal Engineer in Environmental Services Jarred Miyamoto-Mills presented
an overview report of the fee proposal and proposed schedule. He stated that
the capacity fee is a one-time buy-in charge at the time of connection, and is
used to fund capital facility needs. The annual fee has historically ranged
between 15 and 45 percent of sewer construction fund revenue, depending on
the rate of development. The fees are usually adjusted annually to avoid larger
increases.
Mr. Miyamoto-Mills showed the proposed schedule for fee updating, which
includes a public hearing on April 19, 2007 with fees effective July 1, 2007. He
described the public outreach, which will include sending 350 letters to
customers, the Home Builders' Association, and other interested parties.
Meetings with customers will be held on April 10 and April 11, 2007.
He explained how the fees are calculated, and stated that the recommended
capacity fees for Gravity Zone show an increase from $4,263 per Residential Unit
Equivalent (RUE) to $4,524 per RUE, which is a 6.1 percent increase; the
Pumped Zone fees are proposed to be increased from $5,667 per RUE to
$5,990, or a 5.7 percent increase. Total District assets in 2006-07 were $736
million, and a $59 million increase is anticipated for 2007-08. He stated that staff
recommends including the current value of the District's investment in renovation
of main sewers in the inventory of assets. This category accounts for the
District's significant investment since 1988 in life-cycle replacement and
renovation of sewers 10-inches in diameter and smaller. This work renews
capacity in these smaller sewers for the benefit of both existing and new
connectors and reduces future maintenance costs.
Book 56 - Page 53
Board Minutes of March 1,2007
Assuming 1,500 new units will be added to the District in 2007-08, the proposed
increase in fees would generate an additional $130,000 gravity zone and
$320,000 pumped zone fees.
With regard to development-related rates and charges, he stated that staff
recommends regular increases to keep pace with changes in salary and
overhead costs. Most of the fees would increase by 3.5 percent or 5 percent,
some would decrease or remain unchanged, and a few would be eliminated.
Consideration of the proposed fee changes would follow the same schedule as
for the capacity fees.
In response to a question from Member McGill, District Counsel Kent Aim stated
that the industry position is that AB 1600 regulations to not apply to these fees,
as the connection fee is not a condition of development approval.
2) Announcements
a. General Manager James Kelly announced that on February 28,
2007 a customer at the Household Hazardous Waste Collection
Facility (HHWCF) brought in a delivery of old chemicals and
pharmaceuticals from his deceased parent's home. The customer's
father was a pharmacist. One of the jars contained dry picric acid,
which, in dry form, is potentially explosive. HHWCF staff notified
the Sheriff who arranged for the County Hazardous Materials
Response Team, Walnut Creek Bomb Squad and County Fire
Department to dispose of this dangerous chemical. The jar of
picric acid was taken out to Holding Basin B at the far end of the
treatment plant and detonated by the bomb squad. The HHWCF
has received picric acid on several occasions; the last incident
being approximately two years ago. Also, HHWCF staff rejected
the pharmaceuticals. The customer was given two options for
safely disposing of his old drugs.
b. General Manager James Kelly reported on a meeting with County
Flood Control regarding the possible dredging of the Walnut Creek
channel. He stated that dredging the lower part of the Walnut
Creek channel would cost approximately $30 million. County Flood
Control is pursuing a maintenance-free project that is estimated to
cost the same amount, 65 percent of which could come from the
Corps of Engineers. The next step is for County Flood Control to
identify affected areas and to develop interim measures to protect
the area from flooding. They will conduct a study, which will take
about 2 years, then proceed to design and construction. The
project could be in place in approximately 7-10 years from now.
Mr. Kelly stressed that the District should support County Flood
Control's request for funding, and will collaborate on development
Book 56 - Page 54
Board Minutes of March 1, 2007
of interim measures and how to implement them. Mr. Kelly will
prepare draft letters to the Contra Costa County Board of
Supervisors, the County Flood Control, and Congressmen
Tauscher and Miller.
Board Members concurred with the General Manager
recommendations and agreed that the issue is extremely important
to the District.
c. General Manager James Kelly announced the placement of
approval of expenditures and minutes on Consent Calendar.
b. COUNSEL FOR THE DISTRICT
No reports.
c. SECRETARY OF THE DISTRICT
Secretary of the District Elaine Boehme announced that the agenda packets for the
March 6, 2007 Real Estate Committee Meeting and the March 8, 2007 Personnel
Committee meeting were at the Board places.
d. Board Members
1) Member McGill reported on the February 26, 2007 Budget and Finance
Committee meeting. He recommended approval of the expenditures, and
expressed support for the placement of this item on the Consent
Calendar. He requested that the approval of expenditures agenda item
should also note that the Finance Committee reviewed the expenditures.
He stated that the Committee interviewed two companies offering external
auditing services, and recommends the selection of Cropper Accountancy
Corporation. A contract with this company will be placed on an upcoming
agenda. Member McGill suggested it would be helpful to have guidelines
for Committee responsibilities.
Moved by Nejedly and seconded by McGill to approve the expenditures,
including Self Insurance Fund Check No. 102816; Running Expense
Regular Check Nos. 164809 to 164971; and Sewer Construction Fund
Check Nos. 29775 to 29798. Motion passed by unanimous vote of the
Board.
2) Member Menesini reported on the February 20, 2007 Outreach Committee
meeting. Board Members accepted the report without comments.
Book 56 - Page 55
Board Minutes of March 1, 2007
3) Member McGill reported on the February 21,2007 Recycled Water
Committee meeting. Member Hockett stated that she will approach the
California Association of Sanitation Agencies (CASA) to see if they would
support legislation to require that Caltrans use recycled water.
4) Member Lucey reported on the February 27,2007 Collection System
Operations (CSO) Ad Hoc Committee meeting. He stated that staff will be
obtaining additional information to present to the CSO Ad Hoc Committee
and the matter will come back to the full Board for consideration at an
upcoming meeting.
7. ENGINEERING
a. ACCEPT THE 2006 RECYCLED WATER QUALITY AND DISTRIBUTION
ANNUAL REPORT
General Manager James Kelly stated that the District is required to submit its annual
recycled water quality and distribution report to the Regional Water Quality Control
Board.
Associate Engineer Don Berger provided an overview of the report and described the
District's accomplishments and activities for the Recycled Water Program during 2006.
He stated that new customers include Conco truck washing facility, the District
headquarters building annex and warehouse, and Stubbs Road triplexes. The District is
in compliance with regulations and received no violations. Commitments to accept
recycled water have been received from over fifteen businesses as a result of the A-
Line extension in the Diamond Boulevard area of Concord.
He stated that staff is working with the Buchanan Field Golf Course to assist with
eliminating the salt buildup from using recycled water. The Golf Course will be testing
new irrigation and soil aeration equipment to flush out the salts from the recycled water.
He added that the majority of meters have been replaced with electronic meters, which
allow for easier reading.
Member Menesini suggested that staff work with auto dealerships to encourage them to
use recycled water for washing their cars.
It was moved by Member McGill and seconded by Member Menesini to accept the
report. Motion passed by unanimous vote of the Board.
Book 56 - Page 56
Board Minutes of March 1, 2007
8. COLLECTION SYSTEM
a. ACCEPT THE 2006 COLLECTION SYSTEM SANITARY SEWER OVERFLOW
ANNUAL REPORT
General Manager James Kelly stated that this is the second year for the required
Regional Water Quality Control Board Annual Report on Sanitary Sewer System
Overflows.
Collection Systems Operations Director Bill Brennan presented some highlights of the
report. He stated that CSO reports electronically to the Regional Board within ten
business days of any overflow of over 100 gallons, and within 24 hours of any overflow
of more than 1,000 gallons. Total overflows in 2006 were down to 73. This is 34 less
than 2005. The main cause of the overflows in both years was tree roots. Fifty-three of
the 73 overflows took place in three of the cities in the District's service area: Orinda,
Walnut Creek and Lafayette. The Engineering Department is currently working on
multi-phased rehabilitation projects in these cities. The CSO Department is expanding
its quality cleaning and chemical root-control programs in these areas also.
In summary, overflows are down by 32 percent from 2005; there were no capacity
overflows during the wet weather season, and no pumping station overflows.
Mr. Brennan handed out a revision to the Annual Report.
It was moved by President Nejedly and seconded by Member Hockett to accept the
report. Motion passed by unanimous vote of the Board.
9. BUDGET AND FINANCE
a. RECEIVE JANUARY 2007 FINANCIAL STATEMENT
Board Members received the January 2007 Financial Statement.
b. AUTHORIZE THE SECRETARY OF THE DISTRICT TO PROVIDE
PROPOSITION 218 PUBLIC NOTICE OF PROPOSED SEWER SERVICE
CHARGE INCREASE
General Manager James Kelly stated that staff is asking for Board authorization to mail
a Proposition 218 public notice of a proposed two-year Sewer Service Charge increase.
The Notice was reviewed by the Budget and Finance Committee, as well as District
Counsel. The Notice announced a possible increase of $11 for each of two consecutive
years.
Member McGill suggested that perhaps the dollar amount should be increased to $13
rather than the proposed $11, to allow for unexpected expenses. The wording would
Book 56 - Page 57
Board Minutes of March 1, 2007
stipulate the increase could be "up to" $13 for each of the next two years, which would
give the Board more flexibility.
Acting District Counsel Bryan Otake confirmed that this is legally permissible and is a
policy decision of the Board, as long as financial data exists to support the new figure.
Member Lucey stated that he is not comfortable with the new figure and has mixed
feelings about the proposal.
It was moved by Member McGill and seconded by Member Hockett to revise the notice
to announce an increase of up to $13 instead of $11, and to authorize the Secretary of
the District to provide public notice of the proposed two-year Sewer Service Charge rate
increase of up to $13 each year for two years. Motion passed by the following vote of
the Board:
AYES:
NOES:
ABSTAIN:
Members:
Members:
Members:
Hockett, McGill, Menesini, Nejedly
Lucey
None
10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None.
11. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS
None.
12. CLOSED SESSION
The following closed session was not held:
a. Confer with legal Counsel on initiation of litigation pursuant to Section 54956.9
(c) of the Government Code (6 potential cases).
b. Confer with District real property negotiators Curtis Swanson and Jarred
Miyamoto-Mills pursuant to Section 54956.8 of the Government Code.
Negotiations with Bess C. Greenlaw concerning negotiations for easements
across her property --- APN 266-150-024.
Negotiations with Paul M. Scanlan and Patricia E. Striglos concerning
negotiations for easements across their property --- APN 266-160-011.
Negotiations with Donald J. Davis and Marilynn J. Davis concerning negotiations
for easements across their property --- APN 266-160-028.
Book 56 - Page 58
Board Minutes of March 1, 2007
Negotiations with June A. Nicolet concerning negotiations for easements across
her property --- APN 266-170-016.
Negotiations with Mark Presten and Janice Presten concerning negotiations for
easements across their property --- APN 266-170-017.
Negotiations with William E. Kolmodin and Nancy M. Kolmodin concerning
negotiations for easements across their property --- APN 266-170-030.
Under Negotiation: Price and terms of payment.
13. REPORT OF DISCUSSIONS IN CLOSED SESSION
None.
14. ADJOURNMENT
There being no further business to come before the Board, President Nejedly adjourned
the meeting at 3:56 p.m.
resident of th Board of irecto rs,
Central Contra Costa Sa itary District,
County of Contra Costa, State of California
COUNTERSIGNED:
GP b:> dLv
Secretary of the Central Contra Costa
Sanitary District, County of Contra Costa,
State of California
Book 56 - Page 59