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HomeMy WebLinkAboutBOARD MINUTES 02-01-07 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON FEBRUARY 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 2:10 p.m. on Thursday, February 1, 2007. President Nejedly called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Hockett, Menesini, Nejedly ABSENT: Members: Lucey, McGill a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance to the Flag. b. INTRODUCTIONS . Board Members welcomed newly-hired Pumping Stations Operator I, Nicholas Steiner 2. PUBLIC COMMENTS There were no public comments. 3. CONSENT CALENDAR It was moved by Member Hockett and seconded by Member Menesini to approve the Consent Calendar, with the exception of Item j., to adopt resolutions, and to authorize recordings. Motion passed by the following vote of the Board: AYES: Members: Hockett, Menesini, Nejedly NOES: Members: None ABSENT: Members: Lucey, McGill a. Adopt Resolution 2007-003, accepting two offers of dedication from Primecore Mortgage Trust, Inc., accepting public sewer improvements (Job 5422, Parcels 2 and 3; Kimberly Drive, Moraga), and authorize staff to record documents with the Contra Costa County Recorder. Book 56 - Page 22 Board Meeting of February 1, 2007 b. Adopt Resolution 2007-004, accepting an offer of dedication from Sarah W. Shum, accepting public sewer improvements (Job 5422, Parcel 4; Kimberly Drive, Moraga), and authorize staff to record documents with the Contra Costa County Recorder. c. Adopt Resolution 2007-005, accepting an offer of dedication from Centex Homes for easements shown on the recorded final map of Subdivision 8774 in the Dougherty Valley, accepting Job 5752 Public Sewer Improvements, and authorize staff to record documents with the Contra Costa County Recorder. d. Adopt Resolutions 2007-006 and 2007-007, accepting a grant of easement from Orinda Park, Inc. (District Project 5759, Parcel 9) and authorizing execution of a quitclaim deed to Orinda Park, Inc. (72 El Toyonal, Orinda, District Project 1560, Parcels 103 (Portion) and 104 (Portion)), and authorize staff to record documents with the Contra Costa County Recorder. e. Adopt Resolution 2007-008, accepting an offer of dedication from GMAC Model Home Finance, Inc. for easements shown on the recorded final map of Subdivision 8780 in the Dougherty Valley, accepting Job 5776 Public Sewer Improvements, and authorize staff to record documents with the Contra Costa County Recorder. f. Adopt Resolution 2007-009, accepting an offer of dedication from Shapell Industries for easements shown on the recorded final map of Subdivision 8847 in the Town of Danville, accepting Job 5777 Public Sewer Improvements, and authorize staff to record documents with the Contra Costa County Recorder. g. Adopt Resolution 2007-010, accepting an offer of dedication from Centex Homes for easements shown on the recorded final map of Subdivision 8779 in the Dougherty Valley, accepting Job 5782 Public Sewer Improvements, and authorize staff to record documents with the Contra Costa County Recorder. h. Adopt Resolution 2007-011, accepting an offer of dedication from Edward E. Collins and Arline M. Collins, accepting public sewer improvements (Job 5815, Parcel 2; Kinross Terrace, Walnut Creek), and authorize staff to record documents with the Contra Costa County Recorder. i. Adopt Resolution 2007-012, accepting an offer of dedication from HWR, LLC for easements shown on the recorded final map of Subdivision 8457, accepting public sewer improvements (Job 5815, Parcel 3; Kinross Terrace, Walnut Creek), and authorize staff to record documents with the Contra Costa County Recorder. Book 56 - Page 23 Board Meeting of February 1, 2007 j. Authorize the General Manager to execute a 25-year license agreement with the East Bay Regional Park District for property on Berrellesa Street in Martinez (Martinez Shoreline Park). Member Menesini requested that this item be deferred and that staff provide additional information. k. Authorize the General Manager to execute an agreement with Nexus Integration Service, Inc., in the amount of $111,000, for the purchase and implementation of a storage area network. l. Approve expenditure of approximately $27,000 from the Equipment Budget Contingency account to cover overrun of the hydrovac/jet rodder listed in equipment budget. m. Establish March 1, 2007 at 2:00 p.m. as the date and time for a hearing to consider adoption of a resolution of necessity for the North Orinda 2.1 – Van Tassell & Tarry Sewer Renovations, District Project 5968. n. Authorize extension of medical leave of absence without pay for Harry Wyles, Buildings and Grounds Supervisor, through June 7, 2007. o. Authorize medical leave of absence without pay for Ken Hobbs, Plant Operator II, through January 11, 2008. 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 5. REPORTS a. GENERAL MANAGER 1) Report on National Pollutant Discharge Elimination System (NPDES) Permit General Manager James Kelly stated that the Regional Board held a public hearing on the District's NPDES Tentative Order on January 23, 2007 in Oakland. The District was represented by Director of Operations Doug Craig and District Counsel Kent Alm. Laboratory Superintendent Bhupinder Dhaliwal and Source Control Program Superintendent Tim Potter were also present. Mr. Craig and Mr. Alm provided testimony in support of the District's position on copper and dioxin. Director of Plant Operations Doug Craig presented a report, stating that three permits were heard by the Regional Board for South Bayside System Authority, Book 56 - Page 24 Board Meeting of February 1, 2007 Central Marin Sanitation Agency, and the District. All three had issues with dioxin and two had issues with copper. District staff supported the continuing progress on cyanide site-specific objective and the mercury TMDL. Staff objected to the Regional Board staff interpretation of anti-backsliding for copper and to the final limits for dioxin, because the District cannot “reasonably control” its sources. At the hearing, District Counsel provided a legal interpretation of anti-backsliding and why it should not apply to the District’s copper limit. Mr. Alm also expanded the argument that dioxin cannot be “reasonably controlled” and therefore the Basin Plan should not result in final numerical limits. He stated that the Regional Board adopted the District’s tentative order as written; however, Board Members listened and appeared to be concerned about the District’s issues. He stated that any appeal of the tentative order should be filed within 30 days of the hearing in order to preserve legal standing. The permit is effective April 1, 2007 and expires on March 31, 2012. He summarized the new permit, describing the positive and negative factors, and stated that the new permit requirements are achievable until April 2009. He commented that the permit renewal process was very time-consuming due to the complexity of the issues. In response to a question from Member Menesini, General Manager James Kelly stated that in 2009 the District must submit a plan on how it will address the mercury limits that will go into effect in 2010. The District will need to address mercury levels, probably through scrubber water treatment. The mandatory amalgam separator program will also assist in reducing mercury levels. 2) General Manager James Kelly announced that, each year, the District must publish in the newspaper a notice of commercial and industrial dischargers to the District sewer system that were in Significant Non- Compliance with federal pretreatment requirements and the District's source control requirements. For calendar year 2006, there was one industrial user that had a discharge violation that met the federal criteria of Significant Non-Compliance and no industrial users that had reporting violations meeting the Significant Non-Compliance criteria. Bay Area Rapid Transit – Concord Maintenance Facility was the industrial user. 3) General Manager James Kelly announced that, in January 2007, the City of Concord experienced a sanitary sewer overflow (SSO) that reached one of the Contra Costa Water District’s (CCWD) canals. At the time of the overflow, the area of the canal affected was blocked off and dewatered in order for CCWD to remove the solids that routinely accumulate in the canal. District staff from Source Control and the Laboratory supported Concord’s staff in sampling the solids and liquids in the canal to Book 56 - Page 25 Board Meeting of February 1, 2007 characterize the extent of the area impacted by the SSO. Concord staff asked if the District could make available an area of the treatment plant property to haul the solids from the canal. District Plant Operations staff determined that an area could be made available to Concord for this project without adversely affecting the District’s operations. Concord will complete delivery of the solids by Monday, January 29, 2007. The operations under this project have been problem free. 4) General Manager James Kelly announced that staff met with the National Park Service (NPS) on January 19, 2007 to review their comments and our responses to the draft Environmental Assessment (EA). A revised EA is being sent to NPS for review and staff estimates approval of the environmental documentation will be delayed about two months. Despite the delays, construction of the trunk sewer should be completed this summer. Also, last fall, the District submitted an application to the Local Area Formation Commission (LAFCO) to annex the Alhambra Valley to the District service area. LAFCO has reviewed the proposed application and requested additional information. Staff will provide the requested information by February 2, 2007. Staff will continue to update the Board as new information becomes available. Staff will provide the cost of providing sewer service to the Busby subdivision until the sewer is constructed at the February 15, 2007 Board Meeting. 5) General Manager James Kelly announced that the Caltrans project to repair the District’s 21-inch sewer crossing under Interstate 680 at Lancaster Road in Walnut Creek is resuming this week. Caltrans has redesigned their plans for the pier replacement and sewer repair and the work is now occurring on the freeway shoulder area. The sewer repair is planned to begin on February 5, 2007 and be completed by the end of the week, with the entire project expected to be completed by the end of March. A sewer bypass system will be in installed when the broken pipe is removed and the new pipe is installed. Staff will be on site to inspect the sewer repair and monitor the sewer bypass. 6) General Manager James Kelly announced that the City of San Ramon's Northwest Specific Plan and its major residential development component, Faria Preserve, is on hold pending resolution of a lawsuit and a planning process appeal. The Northwest Specific Plan, which accommodated development of 830 homes, was approved by the San Ramon City Council on November 28, 2006. Subsequently, the Sierra Club and the East Bay Regional Park District sued the City, alleging that more environmental review is needed before plans can move ahead. The 788- unit Faria Preserve project was approved by the San Ramon Planning Commission on December 5, 2006 and the City Council approved a related Development Agreement on January 23, 2007. The East Bay Regional Park District has appealed the Planning Commission decision to Book 56 - Page 26 Board Meeting of February 1, 2007 the City Council. The City has no current schedule for resolution of either the lawsuit or the appeal. 7) General Manager James Kelly announced that, in the Federal Register dated January 22, 2007, the Environmental Protection Agency (EPA) formally announced that it will not be regulating biosolids incinerators under Section 129 of the Clean Air Act. Instead, biosolids incinerators will continue to be regulated under Section 112 governing the safe operation of stationary sources. If biosolid incinerators were regulated under Section 129 of the Clean Air Act, the District would have new strict air emission limits similar to those for hazard waste and medical waste incinerators. It would have cost the District millions of dollars for new air pollution control equipment. The National Association of Clean Water Agencies (NACWA), of which CCCSD is a member, submitted comments to EPA in August 2006, reiterating the Association’s long-standing position that sewage sludge incinerators (SSIs) are not subject to regulation as Other Solid Waste Incinerators (OSWI) under the Section 129 of the Clean Air Act. NACWA’s support was essential in the effort to persuade the EPA to regulate boisolids incineration under Section 112. 8) General Manager James Kelly announced that a date has been set for the joint overflow response drill with the City of San Ramon at the San Ramon Pumping Station on March 28, 2007. The San Ramon Police, San Ramon Valley Fire District, San Ramon Public Works and California High School staff and District staff will be involved. It is anticipated that the City staff will be notifying the San Ramon City Council of this planned response drill this week. In addition, the City staff will notify residents in the area and there will be a notification process for the students and their parents at nearby California High School. The mailing to the residents will be made available as a draft for all participants to review. It is anticipated that some members of the City Council will attend the drill. 9) General Manager James Kelly announced that, at its meeting on January 11, 2007, the Board set a public hearing for Thursday, February 15, 2007 to consider adjusting Board Member compensation. At the public hearing on February 15, the Board may vote to adopt an ordinance amending the current compensation of $170 per meeting. If such an ordinance is adopted, it will be effective on April 16, 2007, in accordance with Water Code Section 20204, which states that the ordinance cannot be effective until 60 days after its passage. 10) General Manager James Kelly announced the “Keep In Touch” packet produced by the Communication Services division. Announcements 2-10 were presented as a memo in the Board packet. Book 56 - Page 27 Board Meeting of February 1, 2007 b. COUNSEL FOR THE DISTRICT District Counsel Kent Alm announced that the attorney representing Ms. Lorraine Kaufman filed and served the District’s Attorney with a formal complaint regarding land subsidence at 25 Dias Dorados, Orinda. This action means the District has formally been brought into the lawsuits among the three property owners at that location. c. SECRETARY OF THE DISTRICT No reports. d. Board Members 1) President Nejedly, Member of the Budget and Finance Committee, reported that the Committee reviewed the Expenditures and recommends approval. It was moved by President Nejedly and seconded by Member Menesini to approve the Expenditure List dated February 1, 2007, including Self Insurance Fund Check Nos. 102811 to 102813; Running Expense Manual Check No. 162505; Running Expense Regular Check Nos. 164369 to 164637; Sewer Construction Fund Check Nos. 29671 to 29732; Payroll Manual Check Nos. 49142 to 49145; and Payroll Regular Check Nos. 56051 to 56074. Motion passed by the following vote of the Board: AYES: Members: Hockett, Menesini, Nejedly NOES: Members: None ABSENT: Members: Lucey, McGill 2) President Nejedly presented a report on the January 24, 2007 Real Estate Committee meeting. He stated that he is recommending that the Shell pipeline matter be transferred to the Real Estate Committee from the Recycled Water Committee, as the matter is more appropriately handled by the Real Estate Committee. Member Hockett, Chair of the Recycled Water Committee, concurred. 3) Member Hockett presented a report on the January 2007 California Association of Sanitation Agencies (CASA) Executive Board Meeting. 4) Member Hockett presented a report on the January 17-19, 2007 California Association of Sanitation Agencies (CASA) Conference held at Indian Wells, California. 5) Member Menesini presented a report on the January 22, 2007 California Special Districts Association Contra Costa Chapter meeting. Book 56 - Page 28 Board Meeting of February 1, 2007 6) Member Hockett presented a report on the January 30, 2007 Household Hazardous Waste Committee meeting. She stated that 2007 is the last year for the San Ramon mobile collection event. 7) Announcements Member Menesini commented on the recent presentation at the Environmental Alliance meeting presented by Director of Engineering Ann Farrell and announced the next meeting later in the month. 6. TREATMENT PLANT a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A LANDFILL GAS SALES AGREEMENT WITH BULLDOG GAS AND POWER, LLC TO SUPPLY LANDFILL GAS FOR THE PERIOD COMMENCING ON FEBRUARY 1, 2007 AND ENDING MAY 1, 2012 General Manager James Kelly stated that, after input from the Board at the last Board meeting, staff met with Bulldog Gas & Power and negotiated the outstanding agreement issues. The agreement has been modified to reflect the changes, and a landfill gas floor of $2.60 per decatherm was added to the agreement. The landfill gas floor occurs when the District's purchase price for natural gas is at or below $4.00 per decatherm. It was moved by Member Menesini and seconded by Member Hockett to authorize the General Manager to execute a Landfill Gas Sales Agreement with Bulldog Gas and Power, LLC, to supply landfill gas for the period commencing on February 1, 2007 and ending May 1, 2012. Motion passed by the following vote of the Board: AYES: Members: Hockett, Menesini, Nejedly NOES: Members: None ABSENT: Members: Lucey, McGill b. AUTHORIZE THE GENERAL MANAGER TO PREPURCHASE NATURAL GAS THROUGH A SERVICE AGREEMENT WITH CORAL ENERGY RESOURCES FOR THE PERIOD OF JANUARY 1, 2008 THROUGH JUNE 30, 2008, AT AN AGGREGATE PRICE NOT TO EXCEED $10 PER DECATHERM General Manager James Kelly stated that the Board has authorized the General Manager to purchase natural gas through calendar year 2007. Staff has currently prepurchased natural gas through June 2007 and is monitoring gas prices for the remainder of the year. Staff would like to extend the authority of the General Manager to purchase natural gas through calendar year 2008 to take advantage of potential opportunities in future gas prices. It was moved by Member Nejedly and seconded by Member Hockett to authorize the General Manager to prepurchase natural gas through a service agreement with Coral Book 56 - Page 29 Board Meeting of February 1, 2007 Energy Resources for the period of January 1,2008 through December 31,2008, at an aggregate price not to exceed $10 per decatherm. Motion passed by the following vote of the Board. AYES: NOES: ABSENT: Members: Members: Members: Hockett, Menesini, Nejedly None Lucey, McGill 7. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 8. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None. 9. CLOSED SESSION The Board recessed at 3: 11 p.m. to reconvene in Closed Session to confer with legal counsel on initiation of litigation pursuant to subdivision section 54956.9(c) of the Government Code. 10. REPORT OF DISCUSSIONS IN CLOSED SESSION None. 11. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at 3:30 p.m. ~ k. ~u~ Presi nt of the Board of Dir ors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: ~~ Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Book 56 - Page 30