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HomeMy WebLinkAboutBOARD MINUTES 04-18-96 65 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON APRIL 18, 1996 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 18, 1996. President Menesini called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Rainey, Hockett, Boneysteele, Menesini ABSENT: Members: Dalton Member Dalton had previously advised that he would be unable to attend this meeting and had requested to be excused. 2. PUBLIC COMMENTS At the close of the meeting, Mr. Rod Smith, retired District employee, addressed the Board requesting to meet with the Board Personnel Committee. 3. CONSENT CALENDAR It was moved by Member Rainey and seconded by Member Hockett, that the Consent Calendar consisting of Items a. through f. be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 96-068 accepting work and Offers of Dedication from Heritage Oaks Homeowners Association, Job 4997, Parcel 2, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Rainey, Hockett, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton b. Resolution No. 96-069 accepting work and Offers of Dedication from Ronald G. Santos, et ux, Job 5108, Parcel 2, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Rainey, Hockett, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton c. Resolution No. 96-070 accepting work and Offers of Dedication from Waiterock Kennel Group, Inc., Job 5133, Parcel 2, was adopted and recording was authorized. Motion approved on the following vote: 04 18 96 66 AYES: Members: Rainey, Hockett, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton d. Resolution No. 96-071, Resolution Of Application for the annexation of properties to the Central Contra Costa Sanitary District under the title of District Annexation 133, was adopted. Motion approved on the following vote: AYES: Members: Rainey, Hockett, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton e. A public notice was authorized to set public hearings at 2:00 p.m. on May 16, 1996 to consider establishment of the 1996-1997 Sewer Service Charge Rates, and the collection of such charges and prior year delinquent charges by placing them on the County tax rolls. Motion approved on the following vote: AYES: Members: Rainey, Hockett, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton f. The attendance of Ms. Molly I. Mullin, Permit Technician in the Infrastructure Division, was authorized at the June 2-6, 1996 HTE Annual Users Group Conference in Kissimmee, Florida, at a cost of $1,400. Motion approved on the following vote: AYES: Members: Rainey, Hockett, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton a. 4. HEARINGS CONDUCT PUBLIC HEARING AND CONSIDER APPROVAL OF MITIGATED NEGATIVE DECLARATION AND THE PERMANENT HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY PROJECT. DP 7165 Mr. Roger J. Dolan, General Manager-Chief Engineer, introduced Mr. Russell Leavitt, Planning Assistant, who stated that the purpose of this agenda item is to hold a public hearing on the Mitigated Negative Declaration for the Permanent Household Hazardous Waste Collection Facility Project. This hearing is not required by the California Environmental Quality Act (CECA), the State, or the District, but it provides another opportunity for the public to comment on the Mitigated Negative Declaration. Mr. Leavitt stated that unlike the periodic collection events conducted by Contra Costa County, the proposed Permanent Household Hazardous Waste Collection Facility Project will be a fixed site facility. Mr. Leavitt briefly described the operation of the facility and the proposed site location. To fulfill the District's CECA requirements, an Initial Study of the proposed project was prepared to determine if the project may have a significant effect on the environment. It was concluded that the use of a Mitigated Negative Declaration was appropriate, The Mitigated Negative Declaration finds that there is no substantial evidence before the District that the project may have a significant effect on the environment and that no mitigation measures are needed other than those measures 04 18 96 67 already incorporated into the project description. The Mitigated Negative Declaration was made available for a 3D-day public comment period. Two letters were received, one from the California Department of Toxic Substances Control and one from the Contra Costa County Community Development Department. Those letters were provided to the Board along with the staff responses to each. The California Department of Toxic Substances Control commented that the use of a Mitigated Negative Declaration was appropriate. The Contra Costa County Community Development Department requested more specific information, which was provided to the extent that it is available. In addition, staff met with the County Planner who indicated satisfaction with the response. Mr. Leavitt presented the staff recommendation that the Board hold the public hearing and barring any comments to the contrary, approve the Mitigated Negative Declaration, the Mitigation Monitoring and Reporting Program, and the Permanent Household Hazardous Waste Collection Facility Project. If approved, staff will pursue permits and customer agreements with other agencies and jurisdictions. If all goes well, the facility should open in approximately one year. At 2: 1 0 p.m., President Menesini opened the public hearing to receive public comments prior to consideration of approval of the Mitigated Negative Declaration for the proposed Permanent Household Hazardous Waste Collection Facility Project. Receipt of letters from the California Department of Toxic Substances Control and the Contra Costa County Community Development Department was noted. There being no further comments, the public hearing was closed. Following discussion, it was moved by Member Rainey and seconded by Member Hockett, that the Mitigated Negative Declaration, the Mitigation Monitoring and Reporting Program, and the Permanent Household Hazardous Waste Collection Facility Project (DP 7165) be approved, and that Resolution No. 96-072 be adopted to that effect. Motion approved on the following vote: AYES: Members: Rainey, Hockett, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton President Menesini recognized the cooperation and support of Mt. View Sanitary District on the project. b. CONDUCT A PUBLIC HEARING ON THE PROPOSED CHANGES TO THE CURRENT SCHEDULE OF RATES AND CHARGES AND ADOPT AN ORDINANCE APPROVING THE FEE SCHEDULE EFFECTIVE JULY 1, 1 996 Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Curt Swanson, Principal Engineer, who stated in summary that the District Schedule of Rates and Charges is generally increased by 2.5 percent to reflect annual cost of living changes. Individual rate increases vary between 0 and 2.5 percent. Rates and charges are rounded to the nearest $5 increment in the development review/construction areas. Mr. Swanson stated that three fees underwent a more detailed review and proposed restructure. It is proposed that the existing Permit Fee and Building Plan Review Fee be combined with a proposed net reduction in the current rate from two fees totaling $12 to one fee at $10. This will streamline the process and reduce paperwork. Mr. Swanson stated that it is proposed that Main Line Inspection Charges be increased by 11 percent to cover developer as-built plan preparation and documentation. It is proposed that the 11 percent increase be phased in over a two-year period. In 1996-1997 it is proposed that the increase total 8 percent. Mr. Swanson stated that the proposed changes were submitted to the Association of General Contractors, the Building Industry Association of Northern California, and the Engineering and Utilities Contractors Association. Follow up telephone calls were also made. No comments were received. At 2:27 p.m., President Menesini opened the public hearing to receive public comments on the proposed changes to the District Schedule of Rates and Charges. There being no comments, the public hearing was closed. 04 18 96 68 Following discussion of various fees, it was moved by Member Hockett and seconded by Member Boneysteele, that Ordinance No. 196 be adopted, approving the proposed District Schedule of Rates and Charges effective July 1, 1996. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Dolan, General Manager-Chief Engineer, requested that Item 9.a., letter from Mr. Peter N. Hellmann, be taken out of order to accommodate interested persons in the audience. President Menesini proceeded to Item 9.a. a. 9. CORRESPONDENCE NOTE RECEIPT OF LETTER DATED MARCH 21. 1996 FROM MR. PETER N. HELLMANN. OF CLAYTON. REGARDING PROPOSED CONDITIONAL APPROVAL FOR A SANITARY LIFT STATION, KINROSS DRIVE. WALNUT CREEK: CONSIDER DRAFT RESPONSE Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Jay S. McCoy, Infrastructure Division Manager, who addressed the issue of Mr. Hellmann's letter to him requesting sanitary sewer service for a proposed residential development on Kinross Drive, Walnut Creek and Mr. McCoy's draft response. Mr. McCoy distributed copies of the project referral from the City of Walnut Creek and a map showing the area of the proposed project. Mr. McCoy summarized his draft response to Mr. Hellmann as follows: 1 ) The District will consider pumping versus gravity service, if necessary, after the City of Walnut Creek completes its land-use planning process and fulfills its related obligations; 2) Gravity service is technically feasible but others must provide the necessary property rights; and 3) As a matter of policy, the District discourages pumped service. Mr. McCoy stated that persons previously requesting notification of this item were notified. All were present with the exception of Mr. Christopher Cain who chose not to attend the meeting but sent a letter supporting the draft response to Mr. Hellmann. Mr. Bruce Herold, 1556 Homestead Avenue, Walnut Creek, had submitted a speaker card but stated that he would defer commenting at this time and would speak only if new issues were raised. Mr. Herold stated that he is in favor of the draft response. Mr. Charles Hendrix, 2012 Walnut Boulevard, Walnut Creek, thanked Mr. McCoy for visiting the area and examining the existing situation. Mr. Hendrix stated that Seven Hills Ranch Road is a private road maintained by the property owners. Mr. Hendrix stated that an existing culvert is in need of repair. The wall of the culvert has shifted. Putting additional water through the culvert could cause additional problems with the culvert and sanitary sewer. Mr. Hendrix stated that he does not support the proposed project. Mr. Hendrix asked that if the District does approve the request, that the developer be required to discharge storm drainage to the Walnut Creek Channel rather than the ditch along Seven Hills Ranch Road. Mr. Hendrix asked that Seven Hills Ranch Road not be opened up to a public street. Discussion followed with regard to possible jurisdictions that might have authority in this issue. Mr. Peter Hellmann, of Marquee Homes, Inc., agreed with the District staff report and apologized to the Board and the homeowners who took the time to attend this meeting. 04 18 96 69 Mr. Hellmann stated that he had misunderstood the conclusion from the prior meeting and thought the Board wished to hear this issue at the time the City of Walnut submitted the project referral to the District. Mr. Hellmann stated that he will work with the City of Walnut Creek. To address Mr. Hendrix' comments, Mr. Hellmann stated that it is the City of Walnut Creek's responsibility to handle storm water, and that he must prove that he is not making the present situation worse. With respect to roads and traffic, Mr. Hellmann stated that it is not legally possible to open up Seven Hills Ranch Road. Mr. Hellmann stated that if he is able to get the project approved, access will be from Kinross and Marchbanks not Seven Hills Ranch Road and Homestead. President Menesini thanked the members of the public and Mr. Hellmann for their comments. It was the consensus of the Board that they had no objection to staff sending the draft staff response. At this time, President Menesini reverted to the order of the agenda. a. 6. BIDS AND AWARDS A TH RilE AWAR F N TR TI N NTRA T F R THE MALTBY AND FAIRVIEW PUMPING STATIONS ELECTRICAL IMPROVEMENTS PROJECT (DP 5060> TO COOPER CRANE AND RIGGING. INC. Mr. Dolan, General Manager-Chief Engineer, stated that this project will improve electrical service and increase reliability at the Maltby and Fairview Pumping Stations. Following discussion, it was moved by Member Boneysteele and seconded by Member Rainey, that award of a construction contract in the amount of $206,100 for construction of the Maltby and Fairview Pumping Stations Electrical Improvements Project, DP 5060, be authorized to Cooper Crane and Rigging, Inc., the lowest responsible bidder. There being no objection, the motion was approved with Member Dalton being absent. 7. REPORTS GENERAL MANAGER-CHIEF ENGINEER a. 1 ) Mr. Dolan, General Manager-Chief Engineer, distributed the program and announced that there will be an Earth Day celebration at the Lindsay Museum on Saturday, April 20, 1996. The District is a major contributor to this event and hopes to get across its "don't dump down the drain" pollution prevention message. President Menesini will participate in the closing ceremony at 4:30 p.m. President Menesini announced that he will also be participating in the "Walk for Parks" starting at the John Muir home on Sunday, April 21,1996. The walk will end at the Martinez City Hall where a series of exhibits will be on display. 2) Mr. Dolan, General Manager-Chief Engineer, announced that the first annual major maintenance takedown of the Cogeneration Facility is currently underway. The turbine has been inspected and look good. b. COUNSEL FOR THE DISTRICT None c. SECRETARY OF THE DISTRICT 1 ) Following discussion, it was the consensus of the Board that the Regular Board Meeting of July 4, 1996 be rescheduled for 2:00 p.m. on July 11, 1996. 04 18 96 70 d. BOARD MEMBERS 1 ) Member Rainey reported that the Central Contra Costa Solid Waste Authority will meet on April 25, 1996. 2) Member Rainey reported on the April 10, 1996 Contra Costa Special Districts Association (CCSDA) meeting at which Mr. Chuck Beesley, of the Contra Costa Mosquito and Vector Control District, provided an update on California Constitution Revision Commission issues, and Ms. Elayne Azevedo, also of Contra Costa Mosquito and Vector Control District, presented a Special District Government High School Education Program Curriculum Unit. Member Rainey suggested that the District's elementary school pollution prevention program might be presented at the July CCSDA meeting. Member Rainey reported that May 6, 1996 is Legislative Day in Sacramento and invited anyone interested to contact her about attending. 3) President Menesini reported that the Friends of the San Francisco Bay Estuary Institute will meet at the Regional Water Quality Control Board on April 19, 1996. There is a plethora of education programs coming from many agencies. President Menesini suggested that as the District develops programs, existing programs be reviewed and an effort made to avoid duplication. Mr. Dolan, General Manager-Chief Engineer, stated that an initial effort of the new Community Education Officer will be to inventory existing programs. 8. ENGINEERING INITIATE PROCEEDINGS TO CHANGE THE DISTRICT'S SPHERE OF INFLUENCE (SOl) AND FORMALLY ANNEX 93.44 ACRES OF LAND ADJOINING THE DISTRICT'S EXISTING SOl AND BOUNDARY IN THE LAWRENCE ROAD AREA OF DANVILLE UNDER DISTRICT ANNEXATION 134 a. Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Jarred Miyamoto-Mills, Principal Engineer, who addressed the Board concerning District Annexation 134, which will complete annexation of the Lawrence/Leema Road Specific Plan Phase 1 area. Using overheads of the figures provided in the Board agenda packet, Mr. Miyamoto-Mills described the area and the staged facilities plan for sanitary sewers in this area. Mr. Miyamoto-Mills stated that a pumping station will be needed at the southern boundary of the Phase 1 area. In addition, it is anticipated that the District will receive petitions for annexation from property owners in the Phase 2 area. A second pumping station might be required for that area. All of these facilities within the project area will be designed, built, and paid for by the developers under a benefits district established by the Town of Danville. Staff recommends that the operations and maintenance costs for the future pumping station be borne by the annexed properties. Following discussion, it was moved by Member Rainey and seconded by Member Hockett, that Resolution No. 96-073, a Resolution of Application to Local Agency Formation Commission (LAFCO) for the annexation of 93.44 acres of land adjoining the District's existing SOl and boundary in the Lawrence Road area of Danville under the title of District Annexation 134, be adopted and that LAFCO be requested to revise the District's current SOl to include the subject properties. There being no objection, the motion was approved with Member Dalton being absent. 9. CORRESPONDENCE NOTE RECEIPT OF LETTER DATED MARCH 21. 1996 FROM MR. PETER N. HELLMANN. OF CLAYTON. REGARDING PROPOSED CONDITIONAL APPROVAL FOR A SANITARY LIFT STATION. KINROSS DRIVE. WALNUT CREEK: CONSIDER DRAFT RESPONSE a. This item was taken out of order earlier in the agenda. 04 18 96 71 b. NOTE RECEIPT OF LETTER DATED MARCH 28. 1996, FROM MRS. ROBERT J. WALL. OF DIABLO. REGARDING SOLID WASTE SERVICE AT HER RESIDENCE: ACKNOWLEDGE APRIL 2. 1996 LETTER FROM MR. KEN ETHERINGTON. BFI WASTE SYSTEMS DISTRICT MANAGER. RESPONDING TO MRS. WALL'S LETTER: CONSIDER DRAFT RESPONSE Receipt was noted of the letter dated March 28, 1996 from Mrs. Robert J. Wall, of Diablo, regarding solid waste service at her residence; the April 2, 1996 letter from Mr. Ken Etherington, BFI Waste Systems District Manager, responding to Mrs. Wall's letter was acknowledged; and the draft response was approved. 10. APPROVAL OF MINUTES a. MINUTES OF ADJOURNED REGULAR MEETING OF APRIL 2. 1996 MINUTES OF ADJOURNED REGULAR MEETING OF APRIL 4. 1996 b. c. MINUTES OF REGULAR MEETING OF APRIL 4. 1996 It was moved by Member Boneysteele and seconded by Member Hockett, that the minutes of the Adjourned Regular Meeting of April 2, 1996, the minutes of the Adjourned Regular Meeting of April 4, 1996, and the minutes of the Regular Meeting of April 4, 1996, be approved as presented. There being no objection, the motion was approved with Member Dalton being absent and Member Rainey abstaining because she was not present at the meetings of April 2 and 4, 1996. 11. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED APRIL 18. 1996 Member Boneysteele, Chair of the Budget and Finance Committee, stated that he and President Menesini reviewed the expenditures and found them to be satisfactory. Member Boneysteele also thanked staff for the update on the meteorological station that the District maintains at the insistence of the Air Board. It was moved by Member Boneysteele and seconded by President Menesini, that the Expenditure List dated April 18, 1996, including Self-Insurance Check Nos. 101094- 101101, Running Expense Check Nos. 95732-96026, and Sewer Construction Check Nos. 16914-16963, be approved as recommended. There being no objection, the motion was approved with Member Dalton being absent. 12. BUDGET AND FINANCE RECEIVE MARCH 1996 FINANCIAL STATEMENTS a. Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance expenses for the month of March 1996, noting that expenditures were $20,000 greater than budget, representing a .9 percent unfavorable variance. For the nine months ended March 1996, expenditures were $867,000 less than budget, representing a 4.2 percent favorable variance. Operations and maintenance revenues for the nine months ended March 1996 were $15,869,000, 1.4 percent above budget. Ms. Ratcliff reported that the District's temporary investments were held in Treasury bills and Treasury notes and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 5.1 percent to 6.2 percent. The latest interest rate as of March 1996 was 5.3 percent. The average yield for the LAIF account through February 1996 was 5.6 percent. President Menesini requested that a status report of the District's rented and leased property. Mr. Dolan, General Manager-Chief Engineer, stated that a report will be provided at the May 2, 1996 Board Budget and Finance Committee meeting. President Menesini declared that the March 1996 Financial Statements were duly received. 04 18 96 72 b. REVIEW THE FINANCIAL STATUS AND BUDGET OF THE SELF-INSURANCE FUND AND APPROVE OMITTING AN O&M BUDGET CONTRIBUTION FOR FY 1996-1997 Mr. Dolan, General Manager-Chief Engineer, introduced Ms. Bonnie Allen, Risk Manager, who provided an overview of the financial history of the Self-Insurance Fund since its creation in 1986. The Self-Insurance Fund has been effective in funding the District's risks over the last ten years. Ms. Allen stated that in late 1994 Government Accounting Standards Board Statement No. 10 (GASB 10) became effective, requiring public agencies risk financing to be actuarially based and soundly funded. In addition, at that time there was an improvement in the liability insurance market, allowing the District to gain competitive price quotations for excess liability insurance coverage. Based on the recommendations of an actuarial and a risk management and insurance consultant, the District restructured the Self-Insurance Fund into three sub-funds to comply with GASB 10: . Sub-Fund A for GASB 10 actuarially based risks for general liability and automobile liability; . Sub-Fund B for GASB 10 non-actuarially based risks such as employment- related risks and pollution risks; and . Sub-Fund C for non-GASB 10 risks, insurance premiums and costs of initiating claims/lawsuits against others. Ms. Allen reviewed the financial history and projections for each Sub-Fund. Self-Insurance Fund total reserves are projected to be $5,699,770 at June 30, 1996. Recovery of approximately $450,000 from prior insurance coverages is expected during the next fiscal year. Based on the financial history and projections, Ms. Allen stated that staff recommends omitting an O&M Budget contribution to the Self-Insurance Fund for 1996- 1997. Following discussion, it was the consensus of the Board that an O&M Budget contribution to the Self-Insurance Fund be omitted in 1996-1997. 13. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 14. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None 15. CLOSED SESSION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO SUBSECTION (b) OF SECTION 54956.9 OF THE GOVERNMENT CODE - ONE POTENTIAL CASE a. The closed session to discuss significant exposure to litigation pursuant to Government Code Section 54956.9(b) was not held. 16. REPORT OF DISCUSSIONS IN CLOSED SESSION None At the request of a member of the audience, President Menesini returned to Item 2., Public Comments. 2. PUBLIC COMMENTS Mr. Rod Smith, retired District employee, distributed copies of a letter dated April 16, 1996 from Mr. Henry L. Clarke, General Manager of Public Employees Union, Local One, and a letter dated April 17, 1996 from Mr. Smith, requesting that they be allowed to meet with the Board Personnel Committee. Mr. Smith reviewed the history of his employment 04 18 96 73 at the District, difficulties in dealing with District management, and the difficulties he encountered in processing Workers' Compensation claims and his Disability Retirement application. Mr. Smith requested the following items: 1 ) An accounting of District funds spent on legal fees relating to his Worker's Compensation case and related union grievances from January 1992 to the present; 2) An accounting of the number of hours of staff time spent on this and the value of that time from January 1992 to the present; 3) A complete copy of his personnel file; 4) The reason for his attorney Mr. Pegnim's 1993 132A legal fees being paid with a Corbett & Kane check and not a Central Contra Costa Sanitary District check; and 5) A copy of the minutes of this and any future Board Meeting relating to these items. Mr. Dolan, General Manager-Chief Engineer, and Mr. Kenton L. Aim, Counsel for the District, advised that since this matter was not calendared for discussion in accordance with the provisions of the Brown Act, it is not possible for the Board to take action at this time. The matter may be calendared on a future Board agenda or referred to Committee. Following discussion, President Menesini referred this matter to the Board Personnel Committee for consideration and assessment as to whether the matter should come to the Board as a whole. At this time, President Menesini reverted to the order of the agenda. 17. ADJOURNMENT There being no further business to come before the Board, President Menesini adjourned the meeting at the hour of 4: 18 p.m. to reconvene at 2:00 p.m. on Wednesday, May 1, 1996 in the Second Floor Conference Room, 5019 Imhoff Place, Martinez, California, for a Board Committee MeetinglWorkshop to review the Personnel Budget and O&M Budget. Afa ~.Á//~ President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 04 18 96