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HomeMy WebLinkAboutBOARD MINUTES 02-21-08 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON FEBRUARY 21,2008 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, February 21, 2008. President Lucey called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Hockett, McGill, Menesini, Nejedly (arrived 2:25 p.m.), Lucey ABSENT: Membeffi: None a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance to the Flag. 2. PUBLIC COMMENTS There were no public comments. 3. CONSENT CALENDAR It was moved by Member Hockett and seconded by Member Menesini to adopt the Consent Calendar with the exception of Item 3.k.. Motion passed by the following vote of the Board: AYES: NOES: ABSENT: Members: Members: Members: Hockett, McGill, Menesini, Lucey None Nejedly a. Approve expenditures dated February 21,2008. Reviewed by Budget and Finance Committee. b. Receive December 2007 Financial Statements. Reviewed by Budget and Finance Committee. c. Approve minutes of January 31,2008 Board Meeting. Book 57 - Page 101 Board Minutes of February 21,2008 d. Adopt Resolution 2008-035 accepting an offer of dedication and public sewer improvements from Raymond D. Boyer, North Gate Road, Walnut Creek area, Job 5676 - Parcel 1, and authorize staff to record documents with the Contra Costa County Recorder. e. Adopt Resolution 2008-036 accepting an offer of dedication and public sewer improvements from Nelda F. Champion, North Gate' Road, Walnut Creek area, Job 5676 - Parcel 3, and authorize staff to record documents with the Contra Costa County Recorder. f. Adopt Resolution 2008-037 accepting an offer of dedication from Ashley V. Partners for an easement shown on the recorded final map of Subdivision 7647 in the Walnut Creek area, accepting Job 5676 - Parcel 4, public sewer improvements, and authorize staff to record documents with the Contra Costa County Recorder. g. Adopt Resolution 2008-038 accepting an offer of dedication from Greystone Homes, Inc. for an easement shown on the recorded final map of Subdivision 8717 in the unincorporated Dougherty Valley area of San Ramon, accepting Job 5685 - Parcel 2, public sewer improvements, and authorize staff to record documents with the Contra Costa County Recorder. h. Accept the contract work for the Alhambra Valley Trunk Sewer, Phase 2, District Project 5919, constructed by Marques Pipeline, Inc., and authorize the filing of the Notice of Completion. i. Accept the contract work for the Martinez Sewer Renovations, Phase 1, District Project 5975, constructed by California Trenchless, Inc., and authorize the filing of the Notice of Completion. j. Request approval of registration differential salary merit increase for Nathaniel Morales, Assistant Engineer, effective January 25, 2008. Reviewed by Human Resources Committee. k. Direct staff secure the services of an arbitrator in accordance with the disciplinary procedure. This item was removed from the Consent Calendar by Charles Egbert, Public Employees Union Local One. He stated that, in his opinion, the investigation into the disciplinary action was less than satisfactory and that his organization will be monitoring the payment of any claims which he felt were being wrongfully settled. It was moved by Member Lucey and seconded by Member Hockett to approve Item 3.k. as recommended. Motion passed by the following vote of the Board: Book 57 - Page 102 Board Minutes of February 21,2008 AYES: NOES: ABSENT: Members: Members: Members: Hockett, McGill, Menesini, Lucey None Nejedly I. Authorize extension of medical leave of absence without pay for Utility Worker Felix Espinosa through March 17,2008. m. Authorize extension of medical leave of absence without pay for Utility Worker Marlee Davi through June 5, 2008. n. Adopt revised classification descriptions for Director of Engineering and Environmental Services Division Manager. Recommended by Human Resources Committee. 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item 6.a. was taken out of order. 5. REPORTS a. General ManaQer 1) 2007 Pollution Prevention Report and 2008 Pollution Prevention Plan General Manager James Kelly stated that the District's NPDES permit requires the District to submit an annual report of the District's Pollution Prevention activities for the previous calendar year. Assistant Engineer Melody LaBella gave an update on the District's Pollution Prevention Program, including highlights from the 2007 Pollution Prevention Annual Report and the 2008 Pollution Prevention Plan. The Pollution Prevention Program consists of the Household Hazardous Waste Collection Facility, the Source Control Program, community outreach and collaborative partnerships, both local and regional. Priority pollutants include mercury, cyanide, dioxin, copper, acrylonitrile, lead, and fats, oils and grease. Emerging pollutants are PCBs and selenium. Highlights of the 2007 program include a 10 percent increase in participants at the Household Hazardous Waste facility; almost 1.9 million pounds of hazardous waste were collected; and 1,480 mercury thermometers were collected. Over 170 Ibs of mercury-containing waste were collected and kept out of the wastewater stream. She described the ongoing public outreach and collaborative partnerships, and outlined the plans for the 2008 program. Book 57 - Page 103 Board Minutes of February 21,2008 2) Pipeline Newsletter General Manager James Kelly reported that the Board received copies of the latest edition of the Pipeline Newsletter at the last Board meeting. Comments were received from the Board and staff, and these comments were incorporated. Unless there are additional changes or corrections, staff will publish the newsletter as presented. Member Menesini suggested adding information about District projects conducted in Martinez and Orinda. Member McGill suggested making part of the Pipeline a pull-out that could be posted on refrigerator doors or cupboards in homes reminding people of how to properly dispose of different types of waste. 3) General Manager James Kelly announced that Advertisement of the Control Room Modifications, DP 7253, consists of the remodel of the main Control Room in the Plant Operations Department Building and replacement of a computer console in the Solids Condition Building Control Room. The remodel includes demolition of existing walls; installation of a fire-rated wall and ceiling; installation of an HVAC system; built-in desks and cabinets; and replacement of the fire suppression system and ceiling tile. The project will be advertised on February 22, 2008, and February 29, 2008. The bids are scheduled to open on March 18, 2008. The estimated construction cost is approximately $400,000. More information will be presented when the Board is asked to approve the construction contract on April 3, 2008. 4) General Manager Jim Kelly announced that he is conducting his Annual Group Talks with staff from each Department. During the talks, he will update employees on the state of the District and answer questions that employees may have. 5) General Manager James Kelly announced that AT&T has notified the District that they will no longer be offering payphone service. The District has two payphones, one located in the HOB facility lobby and the other at the CSO facility. The cost to convert the payphones to the new company is $50 with a monthly charge of $75. Staff has reviewed the usage and concluded that it would be significantly cheaper for the District to remove the phones and allow the public to use a District phone if needed. Book 57 - Page 104 Board Minutes of February 21, 2008 6) General Manager James Kelly announced that the Pumping Stations staff, with the assistance of the Plant Operations Department Buildings and Grounds section, began the process of moving into the Annex area during the week of February 11, 2008. A project to renovate the existing locker room areas in the Annex will get underway following this next construction season. 7) General Manager James Kelly announced that Mt. View Sanitary District (MVSD) will be celebrating its 85th anniversary on Saturday, May 17, 2008. Along with its anniversary, MVSD will be marking its enhancement projects in McNabney Marsh, its new public viewing platform, and unveiling a memorial plaque in honor of the late Dr. Teng-Chung Wu. The District will have a display booth focusing on the Household Hazardous Waste Collection Facility at the event. The time of the event will be released by MVSD in mid-March. 8) General Manager James Kelly announced that, at the January 17, 2008 Board meeting, staff informed the Board about the Local Agency Formation Commission's (LAFCO) Municipal Service Review (MSR) of the District and other water and wastewater service providers in Contra Costa County. One of the draft recommendations of MSR was to revise the District Sphere of Influence (SOl) to exclude properties outside the County Urban Limit Line (ULL). The District requested that LAFCO not revise the SOl. LAFCO staff considered the District's request and recommended that only minor changes be made to the District SOl. The proposed changes are near the edges of Clyde, Danville, and Clayton. Clayton is considered in the SOl because the District treats their wastewater. At the LAFCO meeting on February 13, 2008, LAFCO deferred action on the District MSR and SOl changes. LAFCO requested additional information about the minor changes proposed for the District SOl as well as proposed changes to Contra Costa Water District's SOl in eastern Contra Costa County. The majority of the properties proposed to be excluded from the District SOl are open space or State Park lands. LAFCO Commissioners were concerned that sewer service may be needed for existing or future park visitor facilities. LAFCO will consider approval of the MSR and SOl changes on March 12, 2008. 9) General Manager James Kelly announced that, on February 7, 2008, the Bay Area Air Quality Management District (BAAQMD) issued a Notice of Violation to the District for operating an auxiliary boiler below 770 degrees Fahrenheit while firing on landfill gas. The low temperature (7550 Fahrenheit) occurred during a wet-weather event on January 26, 2008. The District's BAAQMD permit requires operating the boiler at or above the 7700 Fahrenheit limit to ensure 98 percent destruction of total hydrocarbon in the landfill gas. The Control Room received a low Book 57 - Page 105 Board Minutes of February 21, 2008 temperature alarm, along with several other alarms associated with the wet-weather event. The low temperature alarm was discovered while the operator was reviewing the alarm log, and the low temperature was immediately corrected. Staff has set the low temperature stops on both auxiliary boilers to prevent them from operating below 7700 Fahrenheit. BAAQMD could impose a fine after further evaluation of the data. 10) General Manager James Kelly announced that Julie Linford of Outcast Cat Help, who spoke at the January 17, 2008 Board Meeting on the feral cat item, phoned the Secretary of the District on Thursday, February 14, 2008. She requested to place an item on the February 21,2008 Board agenda regarding a service contract for assisting with the cats. She was informed that she should put her request in writing to the General Manager or speak at the Public Comment period. She said she would like the Board to consider approving a service contract with her organization to trap, neuter and adopt out the adoptable feral cats. She was informed that the cats have already been neutered/spayed, but she said she believes that more are arriving. This announcement serves to notify the Board in the event that she makes an appearance at the March 6, 2008 Board Meeting to speak during the Public Comment period. She also may ask the Board to agendize this item at a future date. Staff will be requesting more information from her in order to address her request. Announcements 3-10 were provided as written announcements. 11) General Manager James Kelly announced that Collection Systems Operations employees Don Rhoads, Nick Wright, and Paul Louis, will be traveling to the VACTOR factory in Streeter, Illinois to inspect a new Vactor prior to delivery. They will leave on Monday, February 25, 2008, and will return on Tuesday, February 26, 2008. The cost of the trip is paid by the vendor as part of the purchase costs. 12) General Manager James Kelly announced that someone had tampered with the outfall and removed the manhole cover. There was some wastewater spillage that will be reported to the Regional Water Quality Control Board. 13) General Manager James Kelly reported on the California Association of Sanitation Agencies (CASA) Legislative Analyst Report regarding Proposition 1A and methods being explored to obtain property tax monies from special districts. b. COUNSEL FOR THE DISTRICT No reports. Book 57 - Page 106 Board Minutes of February 21, 2008 c. SECRETARY OF THE DISTRICT No reports. d. BOARD MEMBERS 1) Member Nejedly reported on the February 19, 2008 Budget and Finance Committee meeting and summarized the Action Summary. There were no comments from Board Members. 2) President Lucey reported on the February 14, 2008 Outreach Committee meeting and summarized the Action Summary. He asked that staff look into a way of recognizing Bill's Ace Hardware for their assistance in promoting pollution prevention. 3) Member McGill reported on the February 14, 2008 Ad Hoc Code Review Committee meeting and summarized the Action Summary. He stated that the February 14 meeting was the last scheduled meeting of the Committee. The material will be presented to the full Board in three separate sections and feedback is invited. He stated that the Committee is recommending that the Code be revised to delegate authority to the General Manager to accept easements and other similar routine matters. He stated that the Committee felt consistency to be important in describing overflow protection devices, and that overflow protection device was the preferred name rather than overflow prevention device (OPD). President Lucey said he would not be supporting the recommendation of the Committee to make it mandatory to have older homes install OPDs. 4) President Lucey reported on the February 15, 2008 Human Resources Committee and summarized the Action Summary. 5) Reports on miscellaneous business meetings attended by Board Members. Member McGill reported on his attendance at the Mayors' Conference, the Contra Costa Council Water Task Force Committee, and the Home Builders Association of Northern California meeting. Member Hockett reported on her attendance at the Pipe Users Group meeting and commended staff on their presentations at that meeting. Book 57 - Page 107 Board Minutes of February 21,2008 6. ENGINEERING a. PROVIDE DIRECTION TO STAFF REGARDING THE ANNEXATION OF CERTAIN PROPERTIES IN THE ALHAMBRA VALLEY THAT ARE OUTSIDE THE URBAN LIMIT LINE General Manager James Kelly stated that the District has annexed 243 properties in the Alhambra Valley. Another 19 properties that could receive sewer service from the District are located outside the County Urban Limit Line (ULL). Of the 19 properties, owners of 7 properties are actively interested in connecting to the public sewer system (3 of the properties are currently developed and 4 undeveloped). These 7 owners have submitted annexation petitions to the District. LAFCO must approve any annexation to the District. Generally the District applies for annexations, although individual property owners could apply for annexations on their own. Environmental Services Division Manager Curt Swanson presented the staff report on the policy issues and possible options. He stated that the 19 properties outside the ULL total 121 acres. Eleven of the 19 properties are developed and 8 are undeveloped. He showed a map of the area in question. He stated that the properties are within the CCCSD Sphere of Influence (SOl). County policy is to discourage extension of urban services beyond the ULL. Property owners could use on-site wastewater systems rather than extend the public sewer system. The current ULL was approved by voters in 2006, and will be reviewed by the County for minor changes in 2011. A comprehensive review will be conducted in 2016. In the interim, residents can petition the County to change the ULL. Changes of more than 30 acres require voter approval. He stated that LAFCO has the authority to approve annexations to the District even if the properties are outside of the ULL. LAFCO will require an environmental review prior to considering any annexation request. Options are to prepare a negative declaration or an Environmental Impact Report (EIR). Staff believes that an EIR will be needed to comply with the California Environmental Quality Act (CEQA) for annexations that are outside of the ULL. The cost of an EIR and annexation application would be $10,000- $30,000 or more. An alternative to annexation is to request LACO to approve an out-of-agency service agreement. Out of agency service agreements allow the District to provide sewer service to properties before formal annexation. The cost of out of agency service agreements is $3,400 per property. Mr. Swanson addressed how the costs of the annexation process for the properties outside of the ULL could be handled. The District could pay these costs initially and recover the costs from the property owners upon connection to the sewer system. Book 57 - Page 108 Board Minutes of February 21, 2008 Alternatively, CCCSD could require advance payment of some or all of the costs from the property owners. For individual properties, the District would typically recover annexation and other costs at the time of sewer connection. He pointed out that there is no guarantee of LAFCO approval of the annexation request. Staff is seeking direction on how to proceed with annexation requests. Policy alternatives include: not taking action until the County changes the ULL; letting the property owners pursue annexation; pursue annexation of all 19 properties; or pursue an incremental approach for providing service and annexation. He described a tentative schedule for preparing an EIR and processing annexation on out of agency service agreement requests. General Manager James Kelly stated that moving forward with the out of agency service agreement may give an indication of LAFCO's future reaction to the annexation request. Mr. Swanson concluded his report, stating that the suggested approach is to seek out of agency service agreements for interested, developed properties; to prepare an EIR for annexation of all 19 properties outside the ULL; and then, once completed, proceeding with the annexation of properties outside the ULL that desire sewer service. Mr. Swanson said that the EIR will take 13 months to complete. He stated that there are three developed properties for which out of agency service agreements could be pursued now. He added that properties in question are currently receiving water service from the City of Martinez. Ken Andronis, resident of Gordon Way, stated that he is planning on building a house on his property and asked if he would be eligible for an out of agency service agreement to allow him to connect to the sewer system. District Counsel Kent Aim stated that the Board may wish to consider including Mr. Andronis' request in moving forward with the existing properties. Art Rolandelli stated that he too is preparing to build on his property, which is being split in half. He also requested to be included in the application. In response to a question from Member McGill, District Counsel Kent Aim responded that out of agency service agreements with undeveloped properties are legally permissible. Mr. Swanson confirmed that agreements go before LAFCO as individual requests. He also stated that LAFCO generally discourages out of agency service agreements, and prefers annexation requests. Member Hockett asked whether, if the zoning allows subdivision of property into 5-acre parcels, that should be taken into consideration. Book 57 - Page 109 Board Minutes of February 21,2008 District Counsel Aim responded that, if the Board votes to proceed with an EIR, the maximum allowable growth will be addressed. Member Nejedly expressed frustration that the process is not moving along more quickly and stated that a lot of staff time has been spent on the matter. He stressed that the District's goal is to provide sewer service, but stated that the residents need to pursue the annexation individually. President Lucey stated that, in his opinion, LAFCO is the problem - the District is in favor of moving ahead. His question is who is going to pay. He stated that the property owners, rather than ratepayers should pay the price. In response to question from Member Hockett, Mr. Swanson responded that the District usually applies to LAFCO for out of agency service agreements instead of individual property owners. The approximate cost is $3,400 per property. He estimated the total cost to apply for out of agency service agreements for three developed and two undeveloped properties to be approximately $14,000. He confirmed that the property owners themselves could apply for the out of agency service agreement. President Lucey and Member Nejedly agreed that the estimated cost of $14,000 would be agreeable. It was moved by Member Hockett to direct staff to seek LAFCO approval of out of agency service agreements for the three developed and the two undeveloped properties with pending development, and advance the fee of approximately $3,400 per property, which would be reimbursed later through connection and other fees if approved by LAFCO. In response to a question from Member Menesini regarding the authority of LAFCO, District Counsel Aim responded that LAFCO has a statutory right to determine which public agencies can provide service in which areas. Member Menesini stated that he is concerned that LAFCO has the ability to prevent the District from providing service. President Lucey seconded the motion. Motion passed by unanimous vote of the Board. Janet Andronis stated that she feels that some LAFCO members support the proposal and questioned why they properties were not included in the last ULL change. President Lucey announced that the Board would take a brief recess. It was moved by Member Nejedly and seconded by Member Hockett to direct staff to prepare an EIR for annexation of all 19 properties outside the Urban Limit Line. Motion passed by the following vote of the Board: Book 57 - Page 110 Board Minutes of February 21,2008 AYES: NOES: ABSENT: Members: Members: Members: Hockett, Menesini, Nejedly, Lucey None McGill 7. COLLECTION SYSTEM a. ACCEPTANCE OF THE 2007 COLLECTION SYSTEM SANITARY SEWER OVERFLOW ANNUAL REPORT General Manager James Kelly stated that the Regional Water Quality Control Board requires an annual report of sanitary sewer system overflows of all agencies in this area. Director of Collection System Operations Bill Brennan presented a brief overview, stating that this is the third year of electronic reporting. He presented comparisons between the size and number of spills for 2006 and 2007. In 2007, 15 billion gallons of wastewater was treated and discharged, and 9,508 gallons of untreated wastewater was not contained. The main cause of overflows, both in 2006 and 2007, was roots, followed by debris (rags, rocks, paper), grease, and other causes. Orinda had the most overflows, followed by Walnut Creek and Lafayette. In summary, overflows in 2007 were up 11 percent from 2006, Mr. Brennan believes that there is no apparent trend seen for an increase. There were no capacity overflows in wet weather and no pumping station overflows. Activities undertaken in 2007 include bringing all but 48 sewer lines to the minimum five-year cleaning cycle, reducing the backlog from 1,742. the Collection System Operations Department also moved away from chemical foam root treatment, which produced questionable results. A concerted effort was made to clean difficult-access lines, the CSO folder backlog was reduced from 270 to 195 folders, and engineers continue projects to rehabilitate the sewers. 8. BUDGET AND FINANCE a. RECEIVE THE 2007-2008 OPERATIONS AND MAINTENANCE BUDGET REVIEW FOR THE SIX MONTHS ENDED DECEMBER 31. 2007 AND PROJECTIONS FOR THE FULL FISCAL YEAR General Manager James Kelly stated that the Board agreed to have two formal reviews of the monthly financial statements each year, along with receiving the monthly financial statements in the Board binders on a monthly basis. Controller Debbie Ratcliff presented the District's financial status for Operations and Maintenance (O&M). She described the O&M revenues and expenses for the six months ended December 2007, stating that revenue over expenses amounted to $1,412,136. Actual expenses Book 57 - Page 111 Board Minutes of February 21, 2008 were $24,608,274, compared to the budgeted expenses of $25,831,757. Total revenues were $21,809,241, compared to budgeted revenues of $21 ,620,588. For the full 2007-08 fiscal year, projected revenues are $53,336,602, compared to budgeted revenues of $52,997,900. Projected total revenues are $55,825,126 compared with budgeted revenues of $55,227,035. She stated that salaries and wages are under budget due to filling open positions in the second half of the year. Repairs and Maintenance are under budget due to not implementing an expanded chemical root control program. Outside Services are under budget because of fewer temporary employees and consulting services used. Hauling and Disposal is also under budget due to a less expensive disposal site, less grit removal, and savings from the janitorial contract. Unfavorable variances include benefits being over budget due to an increase in accrued compensated absence expense based on last year's trend. Self-insurance expense was over budget due to an unanticipated substantial claim. b. 2007-2008 CAPITAL IMPROVEMENT BUDGET MID-YEAR STATUS REPORT Director of Engineering Ann Farrell presented the mid year status of the Capital Improvement Program. She described the projected 2007-08 Capital Program activity, stating that $43.1 million of expenditures were budgeted and are projected to be $42.0 million. Revenues were budgeted at $40.5 million, and are expected to be $39.0 million. She reviewed the Capital Budget by program, and described major projects in the Treatment Plant, Collection System, General Improvements and the Recycled Water Program. 9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 10. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Nejedly requested that staff look into protecting the outfall by installing fencing or warning notices. Member McGill announced upcoming meetings and conferences he plans on attending. 11. CLOSED SESSION The Board recessed at 4:12 p.m. to reconvene in the Caucus Room in Closed Session a. To confer with Legal Counsel pursuant to Government Code Section 54956.9(a): CCCSD, Plaintiff; vs. Gus Kramer, et aI., Defendants; Case No. C07-02402. Book 57 - Page 112 Board Minutes of February 21, 2008 b. To confer with labor negotiators pursuant to Government Code Section 54957.6. District Negotiators: Director of Administration Randall Musgraves, Human Resources Manager Cathryn Freitas Employee Organization: Public Employees Union Local One Following the Closed S~ssion, the Board reconvened in the Board Room in open session at 4:33 p.m.' 12. REPORT OUT OF CLOSED SESSION No reports. 13. ADJOURNMENT There being no further business to come before the Board, President Lucey adjourned the meeting at 4:34 p.m. ~.1h ' A Gerald R. L cey President of the Board of Directors,. Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: f.~e&xt~-/, Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Book 57 - Page 113