HomeMy WebLinkAboutBOARD MINUTES 11-01-07
MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD ON NOVEMBER 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, November 1, 2007.
President Nejedly called the meeting to order and requested that the Secretary call roll.
1. ROLL CALL
PRESENT: Members:
ABSENT: Members:
Hockett, Lucey, McGill, Nejedly
Menesini
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 Hockett and seconded by Member McGill to adopt the Consent
Calendar as recommended. Motion passed by the following vote of the Board:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Hockett, Lucey, McGill, Nejedly
None
Menesini
a. Approve expenditures dated November 1,2007. Reviewed by Budget and
Finance Committee.
b. Receive September 2007 Financial Statements. Reviewed by Budget and
Finance Committee.
c. Approve minutes of October 4, 2007 Board Meeting.
d. Adopt Resolution 2007-160 accepting an offer of dedication from Philip Barton and
Patricia Ariey Barton for an easement shown on the recorded final map of
Subdivision 7410 in the Lafayette area, accepting public sewer improvements (Job
5532 - Parcel 2), and authorize staff to record documents with the Contra Costa
County Recorder.
Book 57 - Page 22
Board Minutes of November 1, 2007
e. Adopt Resolution 2007-161 accepting an offer of dedication from Cherry Lane
Associates, Ltd. for an easement shown on the recorded final map of Subdivision
8468 in the City of Walnut Creek, accepting public sewer improvements (Job 5564
- Parcel 2), and authorize staff to record documents with the Contra Costa County
Recorder.
f. Adopt Resolution 2007-162 accepting an offer of dedication from Mardel, LLC for
an easement shown on the recorded final map of Subdivision 8496 in the City of
Walnut Creek, accepting public sewer improvements (Job 5570 - Parcel 1 ), and
authorize staff to record documents with the Contra Costa County Recorder.
g. Adopt Resolution 2007-163 accepting an offer of dedication from Charles D.
Adams for an easement shown on the recorded final map of Minor Subdivision MS
808-00 in the City of Walnut Creek, accepting public sewer improvements (Job
5603 - Parcel 2), and authorize staff to record documents with the Contra Costa
County Recorder.
h. Adopt Resolution 2007-164 accepting an offer of dedication from Clyde Miles
Construction Company, Inc. for an easement shown on the recorded final map of
Minor Subdivision MS 010018 in the Alamo area, accepting public sewer
improvements (Job 5606 - Parcel 2), and authorize staff to record documents with
the Contra Costa County Recorder.
I. Adopt Resolution 2007-165 accepting an offer of dedication and public sewer
improvements (Job 5538 - Parcel 4), from William and Lori Nicora, 1100 Dunsyre
Drive, Lafayette area, and authorize staff to record documents with the Contra
Costa County Recorder.
j. Adopt Resolution 2007-166 accepting an offer of dedication and public sewer
improvements (Job 5570 - Parcel 2), from Robert W. Jarvis, 222 Via Del Sol,
Walnut Creek, and authorize staff to record documents with the Contra Costa
County Recorder.
k. Adopt Resolution 2007-167 accepting an offer of dedication and public sewer
improvements (Job 5542 - Parcel 4), from John M. McKenzie, Camino Monte Sol,
Alamo, and authorize staff to record documents with the Contra Costa County
Recorder.
I. Adopt Resolution 2007-168 authorizing execution of a quitclaim deed-easement to
Shahriar and Cheryl Monemi for a sewer easement, (District Project 1560 - Parcel
70, Portion), 5 Via Corte, Orinda and authorize staff to record documents with the
Contra Costa County Recorder.
m. Adopt Resolutions 2007-169 and 2007-170 accepting a grant of easement (Job
6407 - Parcel 2), and authorizing execution of a quitclaim deed to Contra Costa
County, (Job 4420 - Parcel 1 (Portion); Job 869 - Parcel 1 (Portion)), and authorize
staff to record documents with the Contra Costa County Recorder.
Book 57 - Page 23
Board Minutes of November 1, 2007
n. Accept the contract work for the Headquarters Office Building HVAC
Improvements and Roof Replacement Project and Plant Operations Building
HVAC Improvements Project, District Projects 8205 and 7228, and authorize filing
of the Notice of Completion.
o. Set December 6, 2007 as the date for a public hearing to receive comments on
proposed reimbursement fees for the properties which could connect to Job 5436
(Wendt Ranch Offsite Sewer, San Ramon), Job 5818 (EI Toyonal, Orinda), and
Job 5893 (Pine Tree Drive, Alamo).
4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
None.
5. REPORTS
a. GENERAL MANAGER
1) Report on Water Environment Federation Annual Technical Exhibition and
Conference (WEFTEC)
General Manager James Kelly announced that this report will be deferred until a
later date as Plant Operations Department Manager Doug Craig is attending a
Regional Water Quality Control Board meeting at which the Board is considering
the mercury total maximum daily load (TMDL) watershed permit. Mr. Kelly stated
that Mr. Craig recently informed him that the permit passed by a 6-0 vote. More
information will be presented at the next Board meeting.
2) Considerations for permittina for charitable car washes
Senior Source Control Inspector Colleen Henry described Cities' stormwater
ordinances and the District's role. She stated that the Cities of Martinez and San
Ramon exempt charity car washes from their stormwater ordinance, and others do
not currently enforce the discharge prohibition for such car washes. The future
trend for storm water agencies will be to redirect discharges from the storm drain
into the sanitary sewer.
Source Control staff enforce the Cities' stormwater ordinances under contract.
Cities have not asked Source Control staff to inspect charity car washes, but the
District is available to issue special permits to direct wastewater to the sanitary
sewer instead of the storm drain, if requested. Source Control staff currently
waive the Special Discharge Permit fee for District projects, pool and spa
discharges, and non-profit organizations including charity car washes. The
Special Discharge Permit is required by District Code to protect District facilities.
With regard to the recent charity car wash held by the Boy Scout Troop in Moraga,
the Assistant Scout Master called the Town of Moraga to obtain permission for the
Book 57 - Page 24
Board Minutes of November 1, 2007
annual fundraising car wash. The Town of Moraga requested that the discharge
from the car wash be directed to the sanitary sewer, not the storm drain, and
directed him to the District for a Special Discharge Permit to discharge to the
sanitary sewer. The District prepared, processed, and hand-carried the one-page
permit, and waived the fee. The Boy Scout Troop put together a wastewater
collection system including a drain plug, sump pump and hoses which allowed
discharge to the sanitary sewer.
The Contra Costa Clean Water Program plans to recommend that Cities provide
wastewater collection kits for charity car washes; Source Control staff would
process the Special Discharge Permits to allow discharge to District sewers and
waive fees. Staff also recommends adding language to the District Code to
provide staff the authority to waive such fees.
Member Lucey commended Ms. Henry for her work. He requested that a Position
Paper be placed on the next agenda to exempt charitable car washes from District
Special Discharge Permit requirements.
Member Hockett stated that it is a complicated issue and would like more time to
study the problem.
Member McGill concurred that it would make sense to receive a Position Paper
outlining the key issues. He stated that it was his understanding that the Permit
provided a safe harbor against third party lawsuits. He supported looking for ways
to facilitate the car washes while complying with discharge regulations.
President Nejedly commended Ms. Henry on her work. He concurred with
Member Lucey in requesting that a Position Paper be brought forward excluding
Central Contra Costa Sanitary District from dealing with charitable car washes. He
suggested providing guidelines on the least harmful types of soap to use and other
useful guidelines. He stated that there are very few such car washes and the
impact is minimal.
Member Hockett suggested utilizing the Pipeline newsletter as a way to educate
the public on this topic. She also suggested assembling environmentally-safe kits
and placing them in strategic locations, such as cities and high schools.
General Manager James Kelly stated that staff will bring a Position Paper back to
the Board for consideration. He stated that permitting for stormwater is a
controversial matter with which the Regional Board is dealing, and which may
affect the District in the future.
Member Hockett asked how much a kit would cost. Mr. Potter responded that it
would cost in the region of $250. Member Hockett suggested that that might be
something the District should pay for, as well as public outreach.
Member Lucey objected to the District paying for such kits.
Book 57 - Page 25
Board Minutes of November 1, 2007
President Nejedly directed staff to prepare a letter from him and anyone else who
wished to sign it to Scout Master Silva, apologizing for the inconvenient and
burdensome process and stating that the Board will be considering suspending
Special Discharge Permit requirements for charitable car washes in the future.
Member McGill agreed that the District needs to find a way to make such car
washes feasible, but expressed concern at the increasing number of regulations
relating to stormwater discharge. He expressed his hope that a way can be found
to facilitate the car washes but still comply with regulations. He suggested
perhaps taking an interim action via a position paper at the next Board Meeting,
but coming back to the Board with a white paper that thoroughly examined the
issue.
3) Collection System Operations (CSO) Facilities Update
Director of Engineering Ann Farrell presented a report, stating that during
preliminary discussions with the City of Walnut Creek in April 2005, height
restrictions impacting the proposed new two-story building at the Collection
System Operations Yard on Springbrook Road were not identified. Later
discussions in spring 2007 identified height restrictions but indicated that a
variance would be possible. In fall 2007 feedback from the City of Walnut Creek
on the Administrative Draft Mitigated Negative Declaration indicated that no City
discretion was possible on height restrictions due to Measure A.
Ms. Farrell described Measure A, which was passed in March 1985 and prohibits
raising the building height limitations in the zoning ordinance without approval of
the electorate. Measure A has been interpreted by the City of Walnut Creek legal
counsel to provide no discretion to staff or elected officials, although the Planning
Commission recently received a legal opinion by a developer attorney suggesting
that City discretion is in fact possible.
Ms. Farrell explained the technical analysis, stating that the CSO yard is in a 30-
foot height limitation zone. Historically, the CSO was excavated approximately 8
feet, resulting in a base elevation lower than the surrounding area. Re-
interpretation of Measure A or the zoning ordinance is necessary to allow
construction of a 38-foot high building as currently designed.
Alternatives for moving forward with the development include redesigning the
building to comply with Measure A; argue for the reinterpretation of Measure A;
or argue for the reinterpretation of Measure A but include an option in the
Mitigated Negative Declaration to redesign a building that complies with Measure
A.
Ms. Farrell concluded that staff recommends submitting the project as designed
and requesting reinterpretation of Measure A or the zoning ordinance, but
including a Mitigated Negative Declaration option for redesign within the Measure
A envelope. A public hearing will be held on December 20, 2007 for the Board to
Book 57 - Page 26
Board Minutes of November 1, 2007
approve the Mitigated Negative Declaration, which will be submitted with the
development application to the City of Walnut Creek.
Member McGill asked whether the building could be isolated on one of the three
parcels that does not pick up the lower excavated area. Ms. Farrell responded
that the building could be stepped up the hill but that would involve additional
stairs. She confirmed that all three parcels are within the 30 foot limit.
Member Lucey stated that, in his opinion, the architects should know the local
planning requirements before designing a building. Member McGill concurred.
Member Lucey stated that he will support staff's recommendation. He suggested
that staff secure the services of a local expert who is familiar with the City of
Walnut Creek's requirements.
President Nejedly concurred with Member Lucey.
District Counsel Kent Aim stated that the City of Walnut Creek has been cordial in
its dealings with the District. Their legal counsel confirms that the Council has
strictly adhered to the requirements of Measure A, although there appears to be
substantial interest on the part of Councilmembers to revisit Measure A rigidity.
Member Lucey stated that he does not want the District to be a test case, and
again recommended securing the services of a professional. He recommended
also that staff think about redesigning the building.
Member Hockett concurred with the other Board Members that staff should move
forward as proposed and submit the project as designed with an option for
redesign if necessary, to meet a literal interpretation of Measure A. She agreed
with prior comments that the architect should not be relieved of responsibility for
the problem.
4) General Manager James Kelly announced that the District's Annual Giving
Campaign kicks off with a breakfast event in Bay 11 on Thursday,
November 15, 2-007 from 7 a.m. to 9 a.m. Board Members are invited to
attend. The theme for this event is "Show Some Heart.... Do Your Part!"
There is a special program planned with music provided by Pump Station
Operator Tony MacArthur. There will be speakers from United Way,
Earthshare, and Community Health Charities. Pledge forms can be filled
out beginning November 1 through November 30, 2007.
5) General Manager James Kelly announced that Security Owners
Corporation (SaC) is developing a 23-home subdivision on a 16-acre
parcel in the Alhambra Valley District. In 2006, sac and the District
entered into an agreement to provide sewer service. One of the conditions
of the agreement is that sac contribute $400,000 toward construction of
the Alhambra Valley Trunk Sewer. The contribution was due in two
Book 57 - Page 27
Board Minutes of November 1,2007
payments of $200,000 at the beginning of each phase of the trunk Sewer
Project. SOC delivered the final $200,000 payment to the District on
October 12, 2007.
6) General Manager James Kelly announced that a Request For Quotations
for the purchase and installation of carpet, including painting and
wallpapering, for the District's Board Room and Lobby will be sent out
Friday, November 2,2007. Staff anticipates the work in the Board Room to
start February 15, 2008 due to the ten-week lead-time for the purchase and
delivery of the carpet.
7) General Manager James Kelly stated that a memorandum from California
Association of Sanitation Agencies regarding efforts to Get "Wastewater"
Included in integrated regional water management plans (IRWMPs) has
been included in the Board packet.
8) General Manager James Kelly stated that a memorandum from CASA
regarding Regional Water Quality Control Board Membership has been
included in the Board packet.
9) General Manager James Kelly announced that Source Control Program
Superintendent Tim Potter will be attending the National Pretreatment and
Pollution Prevention Workshop that the National Association of Clean Water
Agencies (NACWA) is holding from November 14 through the 16, 2007 in
Denver. This conference is included in the Environmental Services Division
training budget for fiscal year 2007-08.
10) General Manager James Kelly announced that the Meadow Court sewer
line serves nineteen homes. Ranger Pipelines can begin improvement
work on Tuesday, November 6,2007, which should take 4-5 days.
Homeowners are in agreement that this work needed to be performed by
the District. Some of the less affected, adjacent property homeowners have
not been contacted yet. Staff will notify all affected homeowners and
schedule the work for November 6, 2007.
11) General Manager James Kelly announced that, on October 26,2007, a
United States Environment Protection Agency contractor conducted an
unannounced inspection for the Regional Water Quality Control Board. The
Treatment Plant and the Laboratory were inspected, along with the National
Pollutant Discharge Elimination System (NPDES) permit and several
reports, including the 2006 Annual NPDES Report, the Pretreatment and
Pollution Prevention Reports, the Monthly Self-Monitoring Reports, and the
Flow Meter Calibration Logs and laboratory worksheets. The inspector
found only one exception: the District's self-monitoring reports are signed
by Laboratory Superintendent Bhupinder Dhaliwal. While Mr. Dhaliwal has
been authorized to sign the reports for nearly 30 years, a letter of
authorization needed to be submitted with each permit renewal and the
Book 57 - Page 28
Board Minutes of November 1, 2007
District had not practiced this protocol. General Manager James Kelly
issued a new letter today authorizing Bhupinder to sign the District's self-
monitoring reports.
Announcements 4-11 were included as written announcements.
b. COUNSEL FOR THE DISTRICT
District Counsel Kent Aim announced the receipt of the arbitrator's recommendation that
the District pay $10,000 for the purchase of a temporary construction easement and
permanent easement on an employee's property located in Martinez.
c. SECRETARY OF THE DISTRICT
Secretary of the District Elaine Boehme presented the proposed Board calendar for 2008.
d. BOARD MEMBERS
1) Member McGill reported on the October 29, 2007 Budget and Finance
Committee meeting. The Board received the report without comments.
2) Member McGill reported on the October 19, 2007 Recycled Water
Committee meeting, including the Committee recommendation that the
District approach Contra Costa Water District to participate financially in the
A-Line Project.
Member Lucey stated that he is not interested in supporting the project if
costs get too high.
3) Member McGill reported on the October 24, 2007 Ad Hoc Code Review
Committee meeting. He referred Board Members to the Action Summary
which summarized the changes proposed by the Committee. He stated
that, after some discussion, the Committee decided against recommending
that the residential fees be broken into smaller pieces based on demand.
He also stated that the Committee recommended that the Board consider
all the Code revisions at one time, rather than Title by Title. Board
Members concurred with the recommendations.
Member Hockett stated that the Board will receive the Committee's
recommendations as they are developed to facilitate Board input as the
Code review process moves along.
Member Lucey provided comments, stating that, in his opinion, it is not
necessary to review Board compensation every year - every other year
would be sufficient (Section 2.04.30). With regard to Section 5.12.03, he
questioned whether the registration of contractors is a new requirement, in
which case he would not support it.
Book 57 - Page 29
Board Minutes of November 1, 2007
Environmental Services Manager Curt Swanson responded that that
requirement has been in place for many years and is not new. The
proposed change would allow the District to suspend the registration for
contracts that have performed unsatisfactorily.
Member Lucey requested that staff get back to him to explain the current
practice and proposed change.
4) Member McGill reported on his recent attendance at a Contra Costa
Council Board of Directors meeting at which GASB 45 was discussed.
5) Member Lucey announced that East Bay Municipal Utility District (EBMUD)
will be closing Moraga Road and Moraga Way for approximately six weeks.
6. ENGINEERING
a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A CONSTRUCTION
CONTRACT CHANGE ORDER WITH PACIFIC TRENCH LESS. INC. IN AN
AMOUNT NOT TO EXCEED $59.000 ON THE NORTH ORINDA SEWER
RENOVATIONS. PHASE 3. DISTRICT PROJECT 5963
General Manager James Kelly reported that staff recommends the replacement of a
damaged 6-inch sewer line at the foot of EI Toyonal and Camino Pablo Road in Orinda
via change order because the pipe is in urgent need of repair. Similar work is being
conducted nearby, and the change order will result in a modest increase in project cost.
Another change that is recommended is in North Orinda at the back of Meadow Court
and involves two creek crossings. It is recommended for the same reasons the EI
Toyonal change order was recommended; although the change order is for $48,000,
which is within the General Manager's authority. There is a possibility that it might
exceed $50,000. With Board Members' concurrence, he announced that he would
proceed as planned.
It was moved by President Nejedly and seconded by Member Hockett to authorize the
General Manager to execute a construction contract change order with Pacific
Trenchless, Inc. in an amount not to exceed $59,000 on the North Orinda Sewer
Renovations, Phase 3, District Project 5963. Motion passed by the following vote of the
Board:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Hockett, Lucey, McGill, Nejedly
None
Menesini
7. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None.
Book 57 - Page 30
Board Minutes of November 1, 2007
8. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS
President Nejedly requested an update on the Alhambra Valley Trunk Sewer project.
9. ADJOURNMENT
There being no further business to come before the Board, President Nejedly adjourned
the meeting at 3:12 p.m.
~ C ~.."
es A. Nejedl
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
~ &:'~t---L-
Elaine R. Boehme
Secretary of the Central Contra Costa
Sanitary District, County of Contra Costa,
State of California
Book 57 - Page 31