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Home My WebLink AboutBOARD MINUTES 10-02-08MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON OCTOBER 2, 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, October 2, 2008. President Lucey called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Hockett, Menesini, Nejedly, Lucey ABSENT: Members: McGill 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. AWARDS AND COMMENDATIONS a. ADOPT RESOLUTIONS RECOGNIZING SERVICE AWARD RECIPIENTS General Manager James Kelly stated that, each year, the Board recognizes the service of employees who have been at the District for five, ten, fifteen, twenty, twenty-five, and thirty years. This year the Board is being asked to adopt resolutions honoring nineteen employees. The Service Awards luncheon will be held at Vic Stewart's Restaurant in Walnut Creek on October 30, 2008, at 11:30 a. m. It was moved by Member Hockett and seconded by Member Menesini to adopt Resolutions 2008-096 through 2008-107. Motion passed by the following vote of the Board: AYES: Members: Hockett, Menesini, Nejedly, Lucey NOES: Members: None ABSENT: Members: McGill Book 58 -Page 87 Board Minutes of October 2, 2008 4. CONSENT CALENDAR It was moved by President Lucey and seconded by Member Nejedly to adopt the Consent Calendar as recommended. Motion passed by the following vote of the Board: AYES: Members: Hockett, Menesini, Nejedly, Lucey NOES: Members: None ABSENT: Members: McGill a. Approve expenditures dated October 2, 2008. Reviewed by Budget and Finance Committee. b. Receive August 2008 Financial Statements. Reviewed by Budget and Finance Committee. c. Approve minutes of September 4, 2008 Board Meeting. d. Adopt Resolution 2008-108 authorizing staff to record agreements for road maintenance and repair with Donald Gieseke, Beatrice Properties and B&J Enterprises, and Steven and Linda Wright related to access to Job 6438 Public Sewer Facilities -Monticello Road, Lafayette. e. Authorize medical leave of absence without pay through October 31, 2008 for John Censoplano, Network Coordinator. 5. HEARINGS a. OPEN AND CONTINUE A PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION APPROVING A MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING PROGRAM, AND TO APPROVE THE PROPOSED WET WEATHER BYPASS IMPROVEMENT PROJECT, DP 7241 General Manager James Kelly stated that the District is proposing to improve its wastewater treatment plant's wet weather bypass system by constructing a new outlet that will allow stored flows to be discharged directly to the Walnut Creek channel. As the Lead Agency under the California Environmental Quality Act, the District has conducted an Initial Study and has determined that a Mitigated Negative Declaration is the appropriate environmental document to address the environmental effects of the project. Last month, when the public hearing was scheduled, District staff had anticipated that, by now, responses to public comments would have been completed. Due to the complex nature of some of the comments County Flood Control District has submitted, District staff needs cone-meeting delay to complete its responses. The Flood Control District has been cooperative and work should be finished by the next Board meeting. Book 58 -Page 88 Board Minutes of October 2, 2008 Therefore, District staff is recommending that the Board open the pubic hearing, accept any additional comments, and continue the public hearing to the next Board meeting on October 16, 2008. The Board will be requested to approve the Mitigated Negative Declaration and the proposed project at that time. The Board of Directors opened the public hearing and continued it to Thursday, October 16, 2008 at 2 p.m. in the Board Room. b. CONDUCT A PUBLIC HEARING AND CONSIDER ADOPTION OF ORDINANCE NO. 253, ENTITLED "AN ORDINANCE MODIFYING TITLES 1, 2, 5, 6, 9, 10, AND 11, AND ADOPTING TITLE 7, OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT CODE District Counsel Kent Alm stated that the ordinance recommended for Board approval contains a preamble and Attachment A, which lists the revisions to Titles 1, 2, 5, 6, 9, 10 and 11 of the District Code. These have been on file with the Secretary of the District for public review for at least 15 days prior to the hearing. The Board vote today in adopting these Code revisions is not considered a project for the purposes of the California Environmental Quality Act (CEQA). The public hearing was opened and closed without comments. It was moved by President Lucey and seconded by Member Nejedly to adopt Ordinance No. 253, entitled "An Ordinance Modifying Titles 1, 2, 5, 6, 9, 10, and 11, and Adopting Title 7, of the Central Contra Costa Sanitary District Code." Motion passed by the following vote of the Board: AYES: Members: Hockett, Menesini, Nejedly, Lucey NOES: Members: None ABSENT: Members: McGill 6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 7. ITEMS HELD OVER FROM PREVIOUS BOARD MEETINGS a. CONSIDER ADOPTING A RESOLUTION REVISING THE BOARD MEMBER MEETING AND COMPENSATION REQUIREMENTS AND ADOPTING A REIMBURSEMENT POLICY PURSUANT TO AB 1234 This item was continued from September 18, 2008. It was moved by President Lucey and seconded by Member Hockett to adopt Resolution 2008-109 revising the meeting and compensation requirements and Book 58 -Page 89 Board Minutes of October 2, 2008 adopting a reimbursement policy as recommended; and to approve agenda wording for meeting reporting. Motion passed by the following vote of the Board: AYES: Members: Hockett, Menesini, Nejedly, Lucey NOES: Members: None ABSENT: Members: McGill 8. REPORTS a. GENERAL MANAGER 1) General Manager James Kelly announced that the District received a request from the California Association of Sanitation Agencies (CASA) to provide $2,000 to help fund preparation of an amicus brief to the California Supreme Court in the case of Communities for a Better Environment v. South Coast Air Quality Management District, (2007) 158 Cal.App.4t" 1336 ("CBE"). The case is relevant to the District because it makes the air quality permits and effluent discharge limit more stringent with no resulting environmental benefit. Staff intends to contribute the requested $2,000 toward the amicus effort to defray the legal fees and costs associated with drafting and filing the brief. 2) General Manager James Kelly announced that Executive Recruiter Bob Murray is scheduled to meet with the Board at the October 16, 2008 meeting regarding Executive Management performance appraisals. 3) General Manager James Kelly announced that, on Wednesday, October 1, 2008, the Household Hazardous Waste (HHW) Facility received apint- size container of Picric Acid from a Walnut Creek resident. The container was mixed with other laboratory chemicals left behind from her deceased chemist father. Staff notified Contra Costa County HazMat and the Walnut Creek Bomb Squad, and the container was detonated in Basin B shortly after their arrival. The HHW Facility was closed for about two hours. 4) General Manager James Kelly announced that the State Water Resources Control Board (SWRCB) has conducted a financial review of the fiscal year 2008-2009 Waste Discharge Permit Fund and has determined that a fee increase is necessary to address a $12.2 million deficit. Three options have been identified to increase the National Pollutant Discharge Elimination System (NPDES) permit fee revenue. The largest fee increase option appears to be a 36 percent increase. Staff will inform the Board of the final fee increase. The District's fiscal year 2007-2008 permit fee totaled $69,250. Book 58 -Page 90 Board Minutes of October 2, 2008 b. COUNSEL FOR THE DISTRICT No reports. c. SECRETARY OF THE DISTRICT 1) 2009 Board Calendar. Secretary of the District Elaine Boehme presented the draft 2009 Board Calendar. Board Members accepted the calendar without comments. d. BOARD MEMBERS 1) Member Nejedly summarized the Action Summary of the September 29, 2008 Budget and Finance Committee meeting. Board Members accepted the report without comments. 2) President Lucey summarized the Action Summary of the September 30, 2008 Human Resources Committee meeting. Board Members accepted the report without comments. 3) Reports on miscellaneous business meetings attended by Board Members. Member Hockett reported on her recent attendance at Contra Costa Council lunch with Assemblyman Mark DeSaulnier. 9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 10. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None. 11. CLOSED SESSION The Board recessed at 2:21 p.m. to reconvene in closed session regarding: a. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): CCCSD, Plaintiff; vs. Gus Kramer, et al., Defendants; Case No. C07-02402. The Board reconvened in open session in the Board Room at 2:31 p.m. Book 58 -Page 91 Board Minutes of October 2, 2008 12. REPORT OUT OF CLOSED SESSION None. 13. ADJOURNMENT There being no further business to come before the Board, President Lucey adjourned the meeting at 2:32 p.m. erald R. Lucey President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme Secretary of the Central Contra Costa Sa~notary District, County of Contra Costa, State of California .~ Book 58 -Page 92