HomeMy WebLinkAboutBOARD MINUTES 04-15-10MINUTES OF THE REGULAR MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD ON APRIL 15, 2010
The Board of Directors of the Central Contra Costa Sanitary District convened in a
regular meeting at their regular place of business, 5019 Imhoff Place, Martinez, County
of Contra Costa, State of California, at 2:00 p.m. on Thursday, April 15, 2010.
President McGill called the meeting to order and requested that the Secretary call roll.
1. ROLL CALL
PRESENT: Members: Hockett, Lucey, Menesini, Nejedly, McGill
ABSENT: Members: None
a. PLEDGE OF ALLEGIANCE TO THE FLAG
Board and staff joined in the Pledge of Allegiance.
2. PUBLIC COMMENTS
There were no public comments.
3. CONSENT CALENDAR
Member Hockett announced that, with regard to Item 3. c., she would like to change her
2010-11 conference attendance from the CSDA conference to the WEFTEC
conference. The Board concurred with her request.
It was moved by Member Menesini and seconded by Member Hockett to adopt the
Consent Calendar, incorporating the change to Item 3. c. as noted above. Motion
passed by unanimous vote of the Board.
a. Approve expenditures dated April 15, 2010. Reviewed by Budget and Finance
Committee.
b. Approve minutes of March 18, 2010 Board meeting.
c. Approve proposed Board Member conference attendance for Fiscal Year 2010-
2011.
d. Authorize medical leave of absence without pay for Plant Operator III Christopher
Goward through August 20, 2010.
Book 60 -Page 34
Board Minutes of April 15, 2010
e. Authorize the General Manager to approve the one-year extension option
included in the service agreement with Philip Services Corporation for household
hazardous waste transportation and disposal services, in an amount not to
exceed $600,000, effective December 12, 2010 through December 12, 2011.
Approval recommended by Household Hazardous Waste Committee.
4. PUBLIC HEARINGS
a. CONDUCT THE FOLLOWING PUBLIC HEARINGS
1) CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTING AN
UNCODIFIED ORDINANCE REPLACING THE "SCHEDULE OF
CAPACITY FEES, RATES AND CHARGES" ADOPTED PURSUANT TO
ORDINANCE 254 IN ACCORDANCE WITH DISTRICT CODE CHAPTER
6.12
General Manager James Kelly stated that two public hearings are scheduled; the first to
consider Capacity Fees, and the second to consider Environmental and Development-
Related Rates and Charges for 2010-2011. The Budget and Finance Committee has
reviewed both the items and recommends approval.
Principal Engineer Jarred Miyamoto-Mills stated that capacity fees are one-time buy-in
fees charged at the time of connection and are used for capital facility needs. Annual
capacity fee revenue has varied between 15-45 percent of total Sewer Construction
Fund revenue, since it is dependent on rate of development. Capacity Fees are
adjusted annually to avoid larger increases that would be likely for multi-year
adjustments.
Recommended Capacity Fees are $5,451 for Gravity Zone (currently $5,298) per RUE,
and $7,092 for Pumped Zone (currently $6,949). He displayed a chart showing the
ranking of the District's Capacity Fees compared with other agencies. He stated that, if
the new fees are adopted, the additional revenue potential is approximately $91,800 for
Gravity Zone (assuming 600 units) and $57,200 for Pumped Zone (assuming 400 units).
He noted that certain findings need to be made: that the District incurs substantial costs
to provide environmental and development-related services; that the District's existing
customers have made a substantial investment in assets that benefit both existing and
new customers; that there is a strong and reasonable relationship between the actual
added burden/District costs and the proposed fees, rates and charges; and that the
proposed fees, rates and charges are exempt from CEQA.
Also, with regard to the Capacity Fees, new users generate an added burden on
services and facilities. To maintain an adequate level of service, maintenance of
existing capacity, and constructing of new capacity in the future is necessary. The
purpose of the Capacity Fee program is to equalize the investment in assets between
current and new users, ensuring that new users pay their fair share for capacity.
Book 60 -Page 35
Board Minutes of April 15, 2010
Legal Notices were published and posted, and 440 Letter Reports to interested
customers were sent out. Outreach meetings were held on April 6, 2010 at 7 p.m. and
April 7, 2010 at 10 a.m. No members of the public attended.
The public hearing was opened and closed without comments.
It was moved by Member Hockett and seconded by Member Menesini to adopt
Uncodified Ordinance No. 258 replacing the "Schedule of Capacity Fees, Rates and
Charges" adopted pursuant to Ordinance 254 in accordance with District Code Chapter
6.12, and to adopt the appropriate findings. Motion passed by unanimous vote of the
Board.
2) CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTING AN
UNCODIFIED ORDINANCE REPLACING THE "SCHEDULE OF
ENVIRONMENTAL AND DEVELOPMENT-RELATED RATES AND
CHARGES" ADOPTED PURSUANT TO ORDINANCE 255 IN
ACCORDANCE WITH DISTRICT CODE CHAPTER 6.30
Principal Engineer Jarred Miyamoto-Mills stated that forty-nine of the environmental and
development-related rates and charges would be increased, one fee would decrease,
and twenty-four fees would remain the same; two fee categories would be added. The
range of increases is from 1.5 percent to 18.7 percent. One of the new categories is a
low-cost fee for cleanout installation only. The other new category provides for a
no-cost permit for overflow protection device installation. Additional revenue from the
increased fees would be modest.
He noted that certain findings need to be made: that the District incurs substantial costs
to provide environmental and development-related services; that the District's existing
customers have made a substantial investment in assets that benefit both existing and
new customers; that there is a strong and reasonable relationship between the actual
added burden/District costs and the proposed fees, rates and charges; and that the
proposed fees, rates and charges are exempt from CEQA.
Legal Notices were published and posted, and 440 Letter Reports to interested
customers were sent out. Outreach meetings were held on April 6, 2010 at 7 p.m. and
April 7, 2010 at 10 a.m. No members of the public attended.
The public hearing was opened and closed without comments.
Member Hockett thanked staff for charging no fee for installation of an overflow device,
and suggested that an article be placed in the next edition of the Pipeline.
It was moved by Member Nejedly and seconded by Member Menesini to adopt
Uncodified Ordinance No. 259 replacing the "Schedule of Environmental and
Development-Related Rates and Charges" adopted pursuant to Ordinance 255 in
Book 60 -Page 36
Board Minutes of April 15, 2010
accordance with District Code Chapter 6.30, and to adopt the appropriate findings.
Motion passed by unanimous vote of the Board.
5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
None.
6. REPORTS
a. GENERAL MANAGER
1) State Water Bonds
General Manager James Kelly stated that, in the upcoming November election,
California voters will be asked to approve an $11 billion bond issue for projects
and programs to improve and protect water supply, water quality, and the aquatic
environment. WateReuse California has reviewed the bond issue and has asked
its members to support passage because it includes funds for water recycling
projects.
He stated that staff is seeking direction from the Board on whether the District
should support this bond.
Environmental Services Division Manager Curt Swanson presented a report
about the issue. He stated that WateReuse California has asked its members to
support the bond. The District is a founding member of WateReuse California
and its parent, WateReuse Association. Senate Bill X7-2 proposes $11.14 billion
in general obligations bonds, which must be approved in the statewide general
election to be held on November 2, 2010. Proposed bond funding for the San
Francisco Bay Region includes $132 million for Water Supply Reliability projects,
the possibility of $2.25 billion for Delta Sustainability, and $6.38 billion for water
management, recycling and conservation projects or programs. Potential District
applications for water bond funding include the Concord Recycled Water Project,
Contra Costa Refinery Recycled Water Project, Extension of Zone 1 Recycled
Water Distribution System, and Replacement or Renovation of Filters. He noted
that the bond does not include any funds for Delta conveyance facilities, such as
a peripheral canal or tunnel.
He listed the bond supporters and opponents. He requested Board direction on
whether to support, oppose, or remain neutral on the bond issuance.
Member Nejedly stated that the District has an abundance of recycled water that
cannot be used until purveyors have an incentive to do so. He questioned what
the $11 billion will be spent on, stating that he is not optimistic that systems will
be changed to use recycled water. He expressed opposition to the water bond.
Book 60 -Page 37
Board Minutes of April 15, 2010
Member Lucey also expressed opposition to the water bond. He stated that local
legislators had no say in the bill, and objected to the fact that there is no rationing
for agricultural uses, only residential.
Member Menesini objected to the lack of rationing for agricultural uses, noting
that the bill does not address District concerns.
President McGill noted that there are some good aspects to the bill, such as co-
equal goals of water quality and water supply. However, more realistic numbers
are needed; $11 billion is not enough to fix the Delta and water supply issues.
He recommended opposing the bill for these reasons, and the reasons stated by
other numbers.
Member Hockett stated that the proposed investment in recycling has merit, and
it may make sense to stay neutral at this time.
It was moved by Member Lucey and seconded by Member Nejedly to direct staff
to come back to the Board with a resolution opposing the issuance of water
bonds, including the reasons for Board opposition. Motion passed by unanimous
vote of the Board.
2) General Manager James Kelly announced that, on April 2, 2010,
Associate Engineer Craig Mizutani was notified that his paper on removal
of mercury from multiple hearth furnace exhaust using dry carbon injection
was accepted for presentation at the 2010 Water Environmental
Federation Technical Exhibition Conference (WEFTEC) in New Orleans
on October 2, 2010. In January 2010, the mercury pilot study received the
Research Achievement Award from San Francisco Bay Section California
Water Environmental Association. WEFTEC is the premier wastewater
conference and equipment show in the world. Attendance at this
conference will be budgeted in the 2010/11 Technical Training and
Conference budget. If additional staff is sent to this conference, an
updated announcement will be provided to the Board.
3) General Manager James Kelly announced the advertisement and bidding
of Hall Drive Sewer Renovations (Phase 2B) DP 5932. He stated that Hall
Drive Sewer Renovations (Phase 2B) is part of the ongoing Collection
System Renovation Program. As reported at the December 17, 2009
Board meeting, this project is a continuation of the Hall Drive Sewer
Improvements (Phase 2A) which constructed a deep sewer under Hall
Drive in 1991. The Phase 2B project will install approximately 2,600 linear
feet of 6-inch sewer lines within public right-of-way and newly obtained
easements by using horizontal directional drilling, pipeburst, and open cut
methods.
Book 60 -Page 38
Board Minutes of April 15, 2010
The project will be advertised on April 16 and 21, 2010. Bids will be
opened on May 5, 2010. The construction cost is currently estimated at
$960,000. More information will be presented when the Board is asked to
approve the construction contract on May 20, 2010.
4) General Manager James Kelly announced that, on April 7, 2010, the
County Auditor's Office confirmed that the estimate for the District's share
of the refund to Chevron is $112,500. The County plans to make a $6
million refund payment of the approximate $18 million due to Chevron in
August 2010. Jurisdictions will see their proportionate share of the refund
in the 2010-11 fiscal year. The remaining amount of the refund will be
issued August, 2011, and will affect jurisdictions in fiscal year 2010-11.
The impact to the District is a reduction in receipt of property tax revenue
of approximately $37,000 in 2010-11 and a $75,000 reduction in 2011-12.
5) General Manager James Kelly announced that the Administrative Draft
"2010 Millennium Edition CCCSD Standard Specifications for Design and
Construction" has been distributed for review and comment. After internal
review by 43 in-house peer reviewers, an invitation letter with a link to the
page on the District's website where the draft can be accessed was sent
to about 440 "stakeholders" including developers, sewer design
engineers, underground contractors, the homebuilder's association, and
other public agencies that reference our specifications. District Counsel is
performing a legal review, and one of our engineering consultants is
focusing on review of geotechnical issues.
Comments are being accepted through April 23, 2010. After comments
have been addressed, the final draft will be submitted to the Board for its
approval.
6) General Manager James Kelly announced that Provisional Senior
Engineer Sasha Mestetsky will be attending the North American Society of
Trenchless Technology (NASTY) No-Dig Conference in Schaumburg,
Illinois from May 3-5, 2010.
Mr. Mestetsky has been asked to moderate the Horizontal Directional
Drilling session. The conference will cover a large variety of new and
established trenchless technologies. The presentations will include
underground infrastructure rehabilitation and new installation projects.
Mr. Mestetsky is a Board Member for the Northern Pipe Users Group
(PUG) and his travel expenses will be paid by the PUG organization. His
registration fee ($150.00) will be covered under the Environmental
Services Division technical training and conferences budget for fiscal year
2009-10.
Book 60 -Page 39
Board Minutes of April 15, 2010
7) General Manager James Kelly announced that approximately 25
employers and 1,000 attendees participated in the Diablo Valley College
job fair held on Saturday, April 10, 2010, hosted by Congressman John
Garamendi's office. Congressman John Garamendi gave a speech. He
and his staff expressed their appreciation for the District's participation.
They received very positive feedback and hope to host another event in
August. On Saturday evening, Channel 7 news did a piece on the job fair
and the District received air time.
8) General Manager James Kelly announced that an Administrative Draft of
the Environmental Impact Report (EIR) for District Annexation 168 C -
Alhambra Valley to annex 19 properties in the Alhambra Valley, which are
outside the Urban Limit Line, is being circulated at the staff level. The
purpose of this EIR document is to provide the environmental
documentation necessary for the Local Agency Formation Commission
(LAFCO) to consider expanding the District's boundary to serve these
properties with wastewater collection and treatment service. Before
issuing the document for public review, staff will bring this item back to the
Board to review the public comments received and options for proceeding.
9) General Manager James Kelly announced that a new version of the New
Farm Housing Project in Tassajara Valley has been submitted to Contra
Costa County Planning for processing and consideration of a General
Plan amendment to allow Rural Mixed Use outside of the Urban Limit Line
in areas currently designated as Agricultural Lands. The original project,
first submitted in 2007, was withdrawn by the property owners before
progress was made in the land use approval process.
The 771-acre project proposes 61 acres of residential uses (185 dwelling
units); 676 acres dedicated to agriculture and open space; and 34 acres
for park and recreation facilities, community and religious facilities, and
roadways. The proposal is divided into a Northern Site and a Southern
Site. The Southern Site is included in the area which the City of San
Ramon has shown as being included in its new Urban Growth Boundary in
the 2030 General Plan.
The District has been identified as a possible wastewater service provider
to at least the Northern Site, all of which is located outside the Urban Limit
Line and outside the District's Sphere of Influence and boundaries. The
project requires Contra Costa County General Plan amendment, rezoning,
subdivision, and development plan approvals by the County. Staff will
present this item in more detail at a future Board meeting.
Book 60 -Page 40
Board Minutes of April 15, 2010
10) General Manager James Kelly announced that the City of San Ramon has
released a Draft Environmental Impact Report (EIR) fora 2030 update of
its 2020 General Plan (adopted in 2002). Three public hearings will be
held and the 45-day comment period extends from April 5 to May 19,
2010. The update is necessitated by the City's interest in extending its
Urban Growth Boundary outside of the County Urban Limit Line in several
locations, most notably in the Tassajara Valley.
If approved, the City intends to defer development of the new territory in
the Tassajara Valley until completion of an "Eastside Specific Plan" and
environmental review. The northern portion of the Tassajara Valley area
contained in the San Ramon Draft EIR is the same area that Contra Costa
County is currently considering as the southern portion of the New Farm
development. No wastewater utility provider has been identified for the
Tassajara Valley in the City document at this time. The City will evaluate
utilities as part of the "Eastside Specific Plan." Another Specific Plan and
environmental review will be prepared to allow higher-density mixed uses
(residential and commercial) in the North Camino Ramon area, which is
already within the District's service area. Staff will present this item in
more detail at a future Board meeting.
b. COUNSEL FOR THE DISTRICT
No reports.
c. SECRETARY OF THE DISTRICT
No reports.
d. BOARD MEMBERS
1) Board Member reports on future meetings or conferences for which they
will receive the stipend for which the District will pay their expenses;
recent meetings for which they received the stipend; and meetings or
conferences for which the District paid their expenses.
Member Hockett
Member Hockett reported on her attendance at the April 7, 2010 Contra
Costa Council Meeting with Congressman John Garamendi.
Member Neiedly
Members Nejedly and Hockett reported on the April 12, 2010 Budget and
Finance Committee meeting and summarized the Action Summary.
Book 60 -Page 41
Board Minutes of April 15, 2010
Member Lucey asked that an item be scheduled on the next Board
agenda to consider filing suit against the Contra Costa County Employees'
Retirement Association (CCCERA) to obtain the requested information
and to sue also for attorneys' fees.
President McGill
President McGill provided a written report on his attendance at the April 1,
2010 Contra Costa County Mayors' Conference and the April 7, 2010
Contra Costa Council Meeting with Congressman John Garamendi.
2) Provide direction to President McGill, the District's representative and
voting delegate for the Contra Costa Special Districts Association
(CCSDA), on how to vote at the upcoming Local Agency Formation
Commission (LAFCO) Election on April 19, 2010 -President McGill.
Member McGill stated that the candidates for the Special District
Representative seat on LAFCO are Dwight Meadows (Incumbent);
Richard Olsen, Moraga Orinda Fire District; George Schmidt, West County
Wastewater District; and Darnell Turner, Los Medanos Community
Healthcare District. The only candidate for the Alternate seat is George
Schmidt.
Following discussion, it was moved by Member Lucey and seconded by
Member Hockett to direct President McGill to vote for George Schmidt as
Representative. Motion passed by unanimous vote of the Board.
It was moved by Member Nejedly and seconded by Member Lucey to vote
for George Schmidt as Alternate, in the event that he does not get
appointed as Representative. Motion passed by unanimous vote of the
Board.
3) Announcements
President McGill provided a written report covering Announcements and
upcoming meetings.
Member Menesini announced the upcoming Environmental Alliance
meeting to be held on Monday, April 19, 2010.
7. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None.
Book 60 -Page 42
Board Minutes of April 15, 2010
8. SUGGESTIONS FOR FUTURE AGENDA ITEMS
Member Lucey asked that an item be placed on the next agenda to consider suing
Contra Costa County Employees' Retirement Association (CCCERA) for their refusal to
provide the District with the requested information on de-pooling.
Member Nejedly requested that an item be placed on an upcoming agenda to discuss
SB 1173, a bill introduced by State Senator Wolk to further promote the use of recycled
water.
General Manager James Kelly confirmed that a resolution opposing the State water
bond and the reasons for opposition will be placed on an agenda for Board adoption.
Member Menesini asked Engineering to provide information on how to campaign for
those items the District would like to see in a State water bond.
9. ADJOURNMENT
There being no further business to come before the Board, President McGill adjourned
the meeting at 2:52 p.m.
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Book 60 -Page 43
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