HomeMy WebLinkAboutBOARD MINUTES 06-03-10
MINUTES OF THE REGULAR MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD ON JUNE 3, 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, June 3, 2010.
President McGill called the meeting to order and requested that the Secretary call roll.
1. ROLL CALL
PRESENT: Members: Hockett, Lucey, Nejedly, McGill
ABSENT: Members: Menesini
a. PLEDGE OF ALLEGIANCE TO THE FLAG
Board and staff joined in the Pledge of Allegiance.
b. INTRODUCTIONS
Board Members welcomed newly-hired Administrative Services Supervisor Tina McVay.
2. PUBLIC COMMENTS
There were no public comments.
3. CONSENT CALENDAR
It was moved by Member Hockett and seconded by Member Nejedly to adopt the
Consent Calendar as recommended. Motion passed by the following vote of the Board:
AYES: Members: Hockett, Lucey, Nejedly, McGill
NOES: Members: None
ABSENT: Members: Menesini
a. Approve expenditures dated June 3, 2010. Reviewed by Budget and Finance
Committee.
b. Receive April 2010 Financial Statements. Reviewed by Budget and Finance
Committee.
c. Approve minutes of May 6, 2010 Board meeting.
Book 60 - Page 63
Board Minutes of June 3, 2010
d. Adopt Resolution 2010-029 accepting an offer of dedication from Cinco Casas,
LLC for an easement in the Town of Danville, shown on the map of Subdivision
8559, Job 5663, Parcel 2, and authorize staff to record documents with the
Contra Costa County Recorder.
e. Adopt Resolution 2010-030 accepting an offer of dedication from William A.
Hemmer for an easement in the City of Orinda, shown on the map of Minor
Subdivision 98-02, Job 5571, Parcel 3, and authorize staff to record documents
with the Contra Costa County Recorder.
f. Authorize the General Manager to execute an amendment to an existing
professional services agreement with ECS Imaging, Inc. for permit document
imaging in the amount of $40,204 for a new contract ceiling of $85,000, as part of
Information Technology Development, District Project 8195.
g. Adopt Resolution 2010-031 confirming and levying final assessment for Via
Vaqueros Alhambra Valley Assessment District (2008-7) and authorizing a
Notice of Assessment to be recorded in the Office of the County Recorder.
Establish July 15, 2010 at 2:00 p.m. as the date and time for a public hearing to
receive comments on placing these assessments on the Contra Costa County
tax roll.
4. PUBLIC HEARINGS
a. CONDUCT PUBLIC HEARINGS ON THE FOLLOWING MATTERS. REVIEWED
BY BUDGET AND FINANCE COMMITTEE:
(1) Public hearing to consider approving and adopting the Fiscal Year 2010-2011
Operations and Maintenance Budget, Debt Service Fund Budget, and the Self-
Insurance Fund Budget, and to consider adopting an uncodified ordinance
establishing the Fiscal Year 2010-2011 Sewer Service Charge rate increase of
up to $16 for a total Sewer Service Charge up to $327 per residential unit.
President McGill suggested that, due to the absence of Member Menesini, the public
hearing be opened, comments taken, then continued to June 17, 2010.
Controller Debbie Ratcliff stated that the following responses have been received
regarding the proposed sewer service charge increase:
Support 3
Opposition 78
Seniors (want senior rate) 5
Questions 26
Parcels on septic 27
Other issues 11
Book 60 - Page 64
Board Minutes of June 3, 2010
She stated that the responses total 0.1% of the total notices mailed. Questions included
what the District has done to cut expenditures, and what will happen when the State
returns the money it borrowed. Staff has responded to any questions that were
submitted.
The public hearing was opened and closed without comments.
Member Nejedly stated that, in his opinion, the matter should be continued to the next
Board meeting.
Member Hockett suggested putting an article in the next Pipeline outlining what the
District has done to cut expenditures.
President McGill noted that Member Menesini has requested that the matter be
continued to allow him to participate. President McGill further noted that, as he has
stated on prior occasions, he does not support a sewer service charge increase at this
time.
It was moved by Member Hockett and seconded by Member Lucey to continue the item
to June 17, 2010. Motion passed by the following vote of the Board:
AYES: Members: Hockett, Lucey, Nejedly, McGill
NOES: Members: None
ABSENT: Members: Menesini
(2) Public hearing to consider adopting a resolution placing current Sewer Service
Charges on the Contra Costa County tax roll for collection.
District Counsel Kent Alm confirmed that the sewer service charge has to be
determined before putting in on the tax roll. He recommended continuance of the public
hearing.
It was moved by Member Hockett and seconded by Member Lucey to continue the
public hearing to Thursday, June 17, 2010. Motion passed by the following vote of the
Board:
AYES: Members: Hockett, Lucey, Nejedly, McGill
NOES: Members: None
ABSENT: Members: Menesini
b. CONDUCT A PUBLIC HEARING TO CONSIDER APPROVING AND
ADOPTING THE FISCAL YEAR 2010-11 CAPITAL IMPROVEMENT BUDGET
FOR INCLUSION IN THE FISCAL YEAR 2010-11 DISTRICT BUDGET;
APPROVING THE 2010 TEN-YEAR CAPITAL IMPROVEMENT PLAN; AND
Book 60 - Page 65
Board Minutes of June 3, 2010
MAKING THE FINDING THAT THESE DOCUMENTS ARE EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
General Manager James Kelly stated that the draft CIB/CIP was provided to the Board
on March 12, 2010. A special meeting of the Board was held on April 8, 2010 to review
the draft CIB/CIP. Although the information remains the same, staff is available to make
a presentation if the Board wishes.
The public hearing was opened and closed without comments.
It was moved by Member Nejedly and seconded by Member Hockett to approve and
adopt the Fiscal Year 2010-2011 Capital Improvement Budget for inclusion in the Fiscal
Year 2010-2011 District Budget; to approve the 2010 Ten-Year Capital Improvement
Plan; and to find that the documents are exempt from CEQA. Motion passed by the
following vote of the Board:
AYES: Members: Hockett, Lucey, Nejedly, McGill
NOES: Members: None
ABSENT: Members: Menesini
c. CONDUCT PUBLIC HEARINGS ON THE FOLLOWING MATTERS. REVIEWED
BY BUDGET AND FINANCE COMMITTEE
(1) Public hearing to consider adopting a resolution directing that the Fiscal Year
2010-2011 Capacity Use Charges, the Fiscal Year 2010-2011 Assessments for
Contractual Assessment Districts, and the Fiscal Year 2010-2011 Assessments
for Alhambra Valley Assessment Districts, be placed on the Contra Costa County
tax roll for collection.
General Manager James Kelly stated that the public hearing is being held to receive
comments on placing the 2010-11 Capacity Use Charges, Contractual Assessment
District Assessments, and Alhambra Valley Assessment District assessments on the
County property tax roll. No presentation will be given, but staff is available to answer
questions.
District Counsel Kent Alm confirmed that the rates have already been set, and this
action merely places the fees on the tax roll for collection.
It was moved by Member Hockett and seconded by Member Lucey to adopt Resolution
2010-032 directing that the Fiscal Year 2010-2011 Capacity Use Charges, the Fiscal
Year 2010-2011 Assessments for Contractual Assessment Districts, and the Fiscal Year
2010-2011 Assessments for Alhambra Valley Assessment Districts be placed on the
Contra Costa County tax roll for collection. Motion passed by the following vote of the
Board:
Book 60 - Page 66
Board Minutes of June 3, 2010
AYES: Members: Hockett, Lucey, Nejedly, McGill
NOES: Members: None
ABSENT: Members: Menesini
(2) Public hearing to consider adopting a resolution directing that delinquent charges
be collected on the Contra Costa County tax roll.
General Manager James Kelly stated that a letter has been received from Martin Lysons
of Gagen, McCoy, McMahon, Koss, Markowitz and Raines, representing Mr. DeHerrera,
one of the delinquent property owners, requesting that the public hearing be continued
as his client is out of town.
Member Nejedly asked why Mr. DeHerrera had retained an attorney. Mr. Lysons
responded that his firm represents Mr. DeHerrera on other matters. He stated that his
client is going through some financial hardship and would like to set up a payment plan
for the delinquent fees of $14,206.
It was moved by Member Hockett and seconded by Member Nejedly to continue the
public hearing to June 17, 2010. Motion passed by unanimous vote of the Board.
AYES: Members: Hockett, Lucey, Nejedly, McGill
NOES: Members: None
ABSENT: Members: Menesini
5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
Item 7 was taken out of order.
6. REPORTS
a. GENERAL MANAGER
1) General Manager James Kelly announced that Senior Household
Hazardous Waste Technician Winston Ingram will be attending the
National North American Hazardous Materials Management Association
Conference on Household and Small Business Waste in St. Pete Beach,
Florida on July 26-30, 2010. Mr. Ingram will gather information regarding
improving program efficiency, updating collection and waste management
strategies, and professional development. This training is in the staff
proposed FY 2010-2011 Environmental Services Division technical
training and conferences O&M budget.
2) General Manager James Kelly announced that the District hosted a public
workshop on the Martinez Sewer Renovation, Phase 3 on Thursday, May
27 from 7:00 to 8:00 pm. at the Martinez City Council meeting room. There
were approximately 25 attendees representing at least 12 properties.
Book 60 - Page 67
Board Minutes of June 3, 2010
Topics discussed were: expected construction impacts, paving and
property restoration, and lateral replacement.
3) General Manager James Kelly announced that some property owners on
Cordell Drive in Danville formally objected to District Annexation 173B
when it was considered by Contra Costa LAFCO on April 21, 2010. The
Commission approved the annexation subject to a Protest Hearing. Lou
Ann Texeira, LAFCO Executive Director, conducted the Protest Hearing
on May 26, 2010. The purpose of the hearing was to tabulate the number
of formal protests that had been received. About four percent (4%) of the
property owners filed protests, less than the twenty-five percent (25%)
needed to call an election. LAFCO staff will now complete the process for
DA 173B (Danville).
4) General Manager James Kelly announced that, on May 26, 2010, staff
conducted an informational community meeting for owners of property
affected by proposed District Annexation 178 (Martinez), and owners of
properties within 300 feet of affected properties. Over the week prior to
the meeting, several property owners called staff members with inquiries
about the annexation proposal, and six property owners attended the
meeting. Staff discussed the annexation, main sewer extension and
connection processes, and the immediate and ongoing cost
consequences of annexation in a presentation to those present, and
responded to several questions.
5) General Manager James Kelly announced that, at its regular meeting on
Wednesday, June 10, 2010 at 6:30 p.m., the Mountain View Sanitary
District (MVSD) will conduct a public hearing/community meeting to
consider the proposed joint CCCSD/MVSD boundary change application
to LAFCO (CCCSD Reorganization 181 - MVSD Reorganization 2010-01).
CCCSD staff will attend the meeting, present a portion of the staff report
and answer questions from the MVSD Board and members of the public.
These proposed changes were either developed by MVSD, CCCSD, and
LAFCO staff or were identified by LAFCO in its most recent Municipal
Service Review. The District Board adopted a Resolution of Application to
initiate this LAFCO boundary reorganization of CCCSD’s Sphere of
Influence at its regular meeting of March 18, 2010.
6) General Manager James Kelly announced that Treatment Plant Electrical
Switchgear installed in the late 70’s are reaching the end of its useful life.
Electrical Switchgear is a combination of breakers, switches and trip units
that are used to protect equipment by interrupting power when a fault is
detected. The switchgear needs to be assessed and evaluated to
determine when and how the switchgear should be replaced or
refurbished to ensure reliable operation of the District’s wastewater
treatment plant. Because this effort requires specialized knowledge that
Book 60 - Page 68
Board Minutes of June 3, 2010
District staff does not have, a consultant is needed to conduct the
assessment.
The consultant cost for this project is expected to exceed $100,000
depending on the findings of this initial phase of the work; because of this
the District’s formal selection process for consultant’s contracts greater
than $100,000 was followed. Requests for proposals were sent to five
companies, and four proposals were received. The top two were
interviewed and Camp Dresser & McKee (CDM) was selected for
assessment and evaluation of the work.
The District will be executing a contract with Camp Dresser & McKee
(CDM) in the amount of $42,000 for the assessment and evaluation of
electrical switchgear at the plant using staff authority. Based on this
evaluation, additional work is expected and Board authorization required.
7) General Manager James Kelly announced that recycled water rates will be
increasing 3 percent on July 1, in accordance with CCCSD’s Recycled
Water Ordinance (Title 6). This is an automatic annual increase that was
built into the ordinance, so no Board action is needed to implement the
rate increase. This increase is consistent with the annual increase in
water rates by the Contra Costa Water District (CCWD), and our rates
remain at about 80 percent of the water district’s rates.
A comparison of new and existing recycled water rates with CCWD water
rates:
Potable Water Customers Canal (Raw) Water Customers
Existing
$2.83 per 1,000 gallons $1.35 per 1,000 gallons
Recycled
($923 per acre-foot) ($439 per acre-foot)
Water Rates
Existing $3.66 per 1,000 gallons $1.65 per 1,000 gallons
CCWD Rates ($1,190 per acre-foot) ($538 per acre-foot)
New
$2.91 per 1,000 gallons $1.39 per 1,000 gallons
Recycled
($951 per acre-foot) ($452 per acre-foot)
Water Rates
Staff will be mailing out letters to our recycled water customers in early
June announcing the increase and giving the new rates.
8) General Manager James Kelly announced that the EPA is in the process
of evaluating whether to designate sewage sludge that is incinerated in
multiple hearth furnaces (MHF) as a solid waste and concurrently is
developing emissions limits for these furnaces. A solid waste designation
would mean that the District’s MHFs would be regulated under Section
129 of the Clean Air Act. Depending on the limits set for the ten
Book 60 - Page 69
Board Minutes of June 3, 2010
constituents regulated under Section 129, the District could incur
significant additional capital and operational costs to meet some of these
limits. EPA currently plans to publish the new requirements as early as
mid-July. EPA’s goal is to have the new limits/determination in effect by
December 15, 2010. If sludge is needed to be a solid waste, the District
would have approximately two years to obtain an authority to construct
any emissions improvements needed to meet the new standards. District
staff is working with the National Association of Clean Water Agencies
(NACWA) and the Water Environment Federation in an effort to convince
EPA not to designate sewage sludge incinerated in MHFs as a solid
waste. Concurrently NACWA is working with the EPA to set achievable
MACT Standards in case EPA continues on its current path. Staff will
keep the Board apprised of future development regarding this issue.
9) General Manager James Kelly announced that staff has forwarded under
separate cover to the full Board a letter to the President of the Board from
the Contra Costa County Civil Grand Jury. Staff plans to develop a draft
response, with input from District Counsel, and then seek comments from
the Human Resources Committee and full Board. After that, a proposed
final response will be prepared for the Human Resources Committee and
full Board input and approval.
10) General Manager James Kelly announced that, on May 27, 2010, the EPA
announced it would be seeking public input on possible regulation of
sewer systems, sanitary sewer overflows (SSO), and wet weather flows.
It is too early in the process to know how this effort could impact the
District.
11) General Manager James Kelly announced that the District had an all-time
low of 46 overflows in the past 12 months
12) General Manager James Kelly stated that the District was notified that it
has earned a National Association of Clean Water Agencies (NACWA)
Platinum Peak Performance Award for twelve consecutive years of 100%
compliance with the National Pollutant Discharge Elimination System
(NPDES) permit.
13) General Manager James Kelly announced that, on May 28, 2010, staff
distributed the assessment ballot and Engineer’s Report for the sewer
main extension to be constructed under the proposed Sunnybrook Road
CAD No. 2010-1. Residents of Sunnybrook Road in Alamo will have until
July 13, 2010 to review the report and return ballots either approving or
opposing the proposed sewer assessment. A hearing on the proposed
CAD will be scheduled for the Board meeting of July 15, 2010.
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Board Minutes of June 3, 2010
b. COUNSEL FOR THE DISTRICT
No reports.
c. SECRETARY OF THE DISTRICT
The Secretary of the District announced the upcoming Household Hazardous Waste
and Real Estate Committee meetings.
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 June 2, 2010 - Contra Costa
Council Installation Dinner.
Member Nejedly
Members Nejedly and Hockett reported on the June 1, 2010 Budget and Finance
Committee meeting and summarized the Action Summary. The Board accepted
the report without comments.
President McGill
President McGill and Member Hockett reported on the May 25, 2010 - Recycled
Water Committee meeting and summarized the Action Summary. The Board
accepted the report without comments.
President McGill and Member Menesini reported on the June 2, 2010 Capital
Projects Committee meeting and summarized the Action Summary. The Board
accepted the report without comments.
President McGill provided a written report on his attendance at other events.
3) Announcements
President McGill provided a written report covering Announcements and
upcoming meetings.
Book 60 - Page 71
Board Minutes of June 3, 2010
7. ENGINEERING
a. Consideration of the following matters relating to the Pilot Program for
Deferred Payment of Connection Fees.
(1) Determine whether to allow the one-year pilot program to expire on
June 4, 2010, as set forth in Board Resolution 2009-034.
(2) If the program is to be continued, determine whether assessment of
a fee should be considered to recover setup and administration
costs. If a fee is to be considered, set a public hearing for July 1,
2010 at 2 p.m.
General Manager James Kelly stated that, a year ago, due to the failing economy,
homebuilders asked the District to allow connection fees to be deferred until new homes
were sold. By adoption of Resolution 2009-034, the Board established a pilot program
that provided for deferral of Capacity Fees and Annexation Charges at the developer's
option. This pilot program will expire on June 4, 2010 unless it is extended by the
Board. The Budget and Finance Committee reviewed the matter and recommended
that the Board continue the program for one year and also to consider establishing an
administrative fee to cover the cost of the program
Member Nejedly stated that he originally recommended establishment of the program in
2009. Although its use has been somewhat limited, positive feedback has been
received from those who did use it. He supported continuation of the program for one
year and consideration of establishing a fee. It was stated that the total cost for the
one-year pilot program has been approximately $40,000, or $180 per residential unit
where fees were deferred.
Mr. Bob Glover, representing the Building Industry Association of the Bay Area,
concurred with Member Nejedly’s recommendation and comments although he stated
that he has questions regarding the proposed fee. He expressed appreciation for the
program and urged the Board to extend it.
It was moved by Member Lucey and seconded by Member Nejedly to adopt Resolution
2010-033 extending the pilot program through June 30, 2011. Motion passed by the
following vote of the Board:
AYES: Members: Hockett, Lucey, Nejedly, McGill
NOES: Members: None
ABSENT: Members: Menesini
It was moved by Member Hockett and seconded by Member Nejedly to set a public
hearing for July 1, 2010 to consider an ordinance to add a fee to the Schedule of
Book 60 - Page 72
Board Minutes of June 3, 2010
Environmental and Development-Related Rates and Charges to recover setup and
administration costs. Motion passed by the following vote of the Board:
AYES: Members: Hockett, Lucey, Nejedly, McGill
NOES: Members: None
ABSENT: Members: Menesini
8. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None.
9. SUGGESTIONS FOR FUTURE AGENDA ITEMS
None.
10. ADJOURNMENT
There being no further business to come before the Board, President McGill adjourned
the meeting at 2:43 p.m.
Michael R. M~'ll
President- the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
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Book 60 -Page 73