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