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HomeMy WebLinkAboutBOARD MINUTES 02-05-09MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON FEBRUARY 5, 2009 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 5, 2009. President Nejedly called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Hockett, Lucey, McGill, Menesini, Nejedly ABSENT: Members: None a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance to the Flag. b. INTRODUCTIONS Board Members congratulated Carl Von Stetten on his promotion to Engineering Support Information Systems Analyst. 2. PUBLIC COMMENTS There were no public comments. 3. AWARDS AND COMMENDATIONS a. PRESENTATION OF CALIFORNIA WATER ENVIRONMENT ASSOCIATION (CWEA) BAY AREA SECTION AWARDS BY RICK CHAN, PAST CWEA BAY SECTION PRESIDENT AND CURRENT CHAIR OF THE AWARDS COMMITTEE Mr. Rick Chan, Past CWEA Bay Section President and Current Chair of the Awards Committee, presented the following awards to the Board: • Large Treatment Plant of the Year Award • Engineering Achievement Award (A-Line Project) • Research Achievement Award (Air Renovation Project) • Plant Operator Training Program Award He commended the District on its outstanding performance record and innovative programs. Book 58 -Page 165 Board Minutes of February 5, 2009 General Manager James Kelly announced that Senior Plant Operator David Clayton attained second place for the Operator of the Year award. 4. CONSENT CALENDAR It was moved by Member McGill and seconded by Member Hockett to adopt the Consent Calendar, with a minor correction to the minutes as recommended. Motion passed by unanimous vote of the Board. a. Approve expenditures dated February 5, 2009. Reviewed by Budget and Finance Committee. b. Approve minutes of December 18, 2008 and January 15, 2009 Board meetings. c. Authorize the General Manager to execute a Pipeline Transfer Agreement and Bill of Sale for $1 with Tesoro Refining and Marketing Company for the sale of approximately 526 feet of abandoned M4-A force main. d. Approve attendance of General Manager James M. Kelly at Water and Wastewater Academy Leadership training at the University of North Carolina at Chapel Hill, North Carolina, from March 8-20, 2009. e. Adopt Resolution 2009-004 accepting a grant of easement from Firas Jandali, and Ameena Kamal Jandali, and Elizabeth A. Shebesta (District Job 49506 - Parcel 1), and authorize staff to record the document with the Contra Costa County Recorder. Adopt Resolution 2009-005 accepting grants of easements from property owners in the Ulfinian Way neighborhood, Martinez (District Project 5975 -Parcels 4, 6 & 7), and authorize staff to record the document with the Contra Costa County Recorder. g. Authorize the General Manager to execute an agreement with Contra Costa Water District to continue to provide operation and maintenance services for the recycled water distribution system for one year with an option to extend the agreement for up to three one-year periods. Approval recommended by Recycled Water Committee. h. Authorize the General Manager to execute an amendment to the Professional Engineering Services Agreement with Valley Engineering Group in the amount of $50,000 to provide relief inspectors and surveyors on an as-needed basis for the conclusion of the construction of the District's 2008-09 Capital Improvement Projects. Book 58 -Page 166 Board Minutes of February 5, 2009 5. HEARINGS a. CONDUCT A PUBLIC HEARING TO CONSIDER AMENDING DISTRICT CODE TITLE 2, ADMINISTRATION, SECTION 2.04.030, COMPENSATION OF BOARD MEMBERS General Manager James Kelly stated that, at the request of the Board, this public hearing was set to review Board Member compensation. A draft ordinance has been prepared for adoption in the event the Board chooses to change the current compensation of $221 per meeting. Member Lucey stated that he would like to table the hearing for at least a year, given the current economic climate. By consensus, the Board agreed to table the matter for at least one year. 6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 7. REPORTS a. GENERAL MANAGER 1) Businesses in Significant Non-Compliance for 2008 General Manager James Kelly stated that the Federal pretreatment regulations require agencies to publish the names of businesses that are in Significant Non- compliance during the prior calendar year. Three businesses determined to be in Significant Non-Compliance are Diablo Valley College for mercury limit violations, St. Mary's College for mercury limit violations, and James Marchese Chromate Coating for late reporting. The publication of this Significant Non- compliance list will occur in the Contra Costa Times early next week. The District's new Code and Outreach Program have reduced the number of businesses in non-compliance this year. Staff will continue to work with the two colleges to bring them into compliance. 2) Rates, charges, and fees General Manager James Kelly stated that, at this time each year, the District typically reviews and adjusts its fees, rates, and charges for various services provided to residents and businesses. To lessen the financial impacts on local businesses, staff proposes to minimize increases to the fees and charges this year. If the Board concurs with the proposed approach, staff will complete the adjustments to the various fees and bring these proposals to the Board at a future meeting. This item was reviewed by the Budget and Finance Committee. Book 58 -Page 167 Board Minutes of February 5, 2009 Environmental Services Division Manager Curt Swanson presented the proposed approach for setting fees, rates, and charges. He described the different fees and stated that staff proposes to keep the majority of the fees unchanged. He recommended increasing the capacity fees by 7 percent, according to the existing formula approved by the Board. With regard to development services rates and charges, it is proposed to leave 54 of the 73 rates and charges unchanged. He recommended no change to the Environmental Compliance Fees -full cost recovery would result in a 25 percent increase in costs to small businesses and this is not recommended. No change is recommended for the HHW Small Generator Rates -full cost recovery would result in a 23-42 percent rate increase and this is not recommended. Recycled Water Rates are increased by 3 percent annually as previously approved by the Board. Member Lucey stated that the Budget and Finance Committee agreed with staff's recommendations on keeping certain fees the same or lower, but disagreed on increasing fees. Member Lucey would not like to increase any fees. President Nejedly stated that he would like to keep any fee increases to a level closely tied to the CPI. 3) General Manager James Kelly announced that, on October 15, 2008, the United States Environmental Protection Agency (USEPA)/ Regional Water Quality Control Board conducted an annual compliance evaluation inspection of the treatment plant. Carole Leong, an employee of PG Environmental, LLC and a USEPA contractor, conducted the inspection. The District received the written inspection report dated December 31, 2008, with an overall rating of satisfactory. There are four rating categories: not evaluated, unsatisfactory, marginal, and satisfactory. No major findings were identified in the inspection. 4) General Manager James Kelly announced that the District's Source Control Program will be inspected on February 25 and 26, 2009 by Tetra Tech to ensure that federal pretreatment standards are being met. Tetra Tech is a contractor used by the US Environmental Protection Agency and the Regional Water Quality Control Board. The inspection focuses primarily on the businesses permitted by Source Control, and involves reviewing files and records, and accompanying our inspectors in the field to review our inspection procedures. This inspection offers an opportunity to identify many of the positive program efforts initiated to control the discharge of pollutants into the District's system. The inspection is very detailed and thorough, and usually has some action items for which we need to respond. The findings from the inspection are presented to the District in a written report that is often received several months afterwards. Book 58 -Page 168 Board Minutes of February 5, 2009 A report summarizing the findings and the District's response will be presented to the Board after the report is received. 5) General Manager James Kelly announced that Jahmal Davis, Esq., of Hanson Bridgett, will be conducting Racial Harassment/Diversity Appreciation Training at CSO on February 9 and 10, 2009. Mr. Davis is a Senior Associate with the firm. CSO has an increasingly diverse workforce and a number of new employees who have not received similar training. This training will be provided to all field crews, vehicle shop employees, office staff, and pumping station employees. 6) General Manager James Kelly announced that CASA is organizing a special day in the District for all members. The concept is for CASA member agencies to meet with their State Senators and Assembly persons at their offices in the District. Friday, February 13, 2009 is being targeted for these meetings. District staff would like Board Members to attend also. 7) General Manager Jim Kelly announced that he will be conducting his Annual Group Talks, at which he will update employees on the state of the District and answer questions. 8) General Manager James Kelly announced that the City of Orinda has asked the District and East Bay Municipal Utilities District (EBMUD) to make a joint presentation at a City Council Meeting on respective projects that will impact Miner Road. The focus of the presentation is on potential impacts during construction, and how the District and EBMUD are coordinating their projects with the City to reduce impacts. The presentation is tentatively scheduled for the Tuesday, February 17, 2009 Orinda City Council Meeting which starts at 7 p.m. and will be held in the Orinda Library Auditorium. Once the meeting date and time are confirmed, staff will notify the Board. 9) General Manager James Kelly announced that the District will host a public workshop on the Danville Sewer Renovation Project (Phase 2) at Los Cerros Middle School located at 968 Blemer Road in Danville on Tuesday, February 10, 2009 from 7:00 p. m. to 8:00 p. m. The project wi I I replace approximately 1,300 linear feet of 6-inch sewer lines within public right-of-way by open-cut method. This project is being bid early this year at the request of the Town of Danville so that paving on Valle Vista can be completed during the summer of 2009. 10) General Manager James Kelly announced that the meetings for the "CASA Day in the District" program are confirmed. This is a program where CASA agencies throughout the state will meet with their State representatives to discuss unique issues. CASA State Lobbyist staff have Book 58 -Page 169 Board Minutes of February 5, 2009 set up the meetings to accommodate all of the sanitary agencies as well as assuring that agencies are meeting with as many representatives as possible. District staff and Board Members have been assigned to meet with Assemblyperson Buchanan on Friday, February 13, 2009 at 11:45 a.m., and with Assemblyperson Skinner on Friday, March 6, 2009 at 10 a.m. Staff will be joined at the meeting with Assemblyperson Skinner by staff and Board Members of Stege Sanitary District. Other Bay Area wastewater agencies have been assigned to meet with Assemblyperson Torlakson and Senator DeSaulnier. 11) General Manager James Kelly announced that, on February 3, 2009, the Walnut Creek City Council approved the Memorandum of Understanding with the District to conduct a Pharmaceutical Collection Program at City Hall. With this approval, the District and its partners will begin the Pharmaceutical Collection Program on Wednesday, February 11, 2009. Collection bins will be located at the Walnut Creek City Hall Lobby located at 1666 North Main Street, the Contra Costa Sheriff's Office located at 1980 Muir Road in Martinez, and the Sheriff's Substation at the Contra Costa County Regional Medical Center located at 2500 Alhambra Avenue in Martinez. The locations will be under supervision by either the Contra Costa Sheriff or the Walnut Creek Police. A press release will be issued on February 9, 2009, and the District's website will provide information about the program. Informational flyers will be available at the Household Hazardous Waste Collection Facility and the Headquarters Office Building. 12) General Manager James Kelly announced that, on Tuesday, February 3, 2009, Elephant Pharmacy closed all of their pharmacies due to financial difficulties. Elephant was highly regarded for being one of the area's first "green pharmacies", and for their work in collecting unwanted and expired pharmaceuticals. During the past fifteen months, their Walnut Creek location collected and disposed of more than 1,200 pounds of pharmaceutical waste from area residents. The pharmacy was also a resource for pharmacy students to obtain experience. There is no word on whether they will reopen. b. COUNSEL FOR THE DISTRICT District Counsel Kent Alm reported that the District Attorney's Office has determined that they will close the file on the Mathew Parkinen claim and take no action. c. SECRETARY OF THE DISTRICT No reports. Book 58 -Page 170 Board Minutes of February 5, 2009 d. BOARD MEMBERS 1) Board Member reports on future meetings or conferences for which they will receive the stipend or for which the District will pay their expenses. Member McGill announced that he will attend the Contra Costa Mayors' Conference dinner on February 5, 2009. 2) Board Member reports on recent meetings for which they received the stipend. a) Member Menesini reported on his attendance at the January 23, 2009 Friends of the San Francisco Estuary meeting. b) Member Hockett reported on her attendance at the January 2009 California Association of Sanitation Agencies (CASA) Executive Board meetings. c) Member Hockett reported on her attendance at the January 26, 2009 California Special Districts Association, Contra Costa County Chapter meeting. d) Member Lucey reported on the February 2, 2009 Budget and Finance Committee meeting and summarized the Action Summary. The Board accepted the report without comments. e) Member Hockett reported on the February 4, 2009 Human Resources Committee meeting and summarized the Action Summary. The Board accepted the report without comments. 3) Board Member reports on recent meetings or conferences for which the District paid their expenses. a) Members McGill and Hockett reported on their attendance at the January 21-24, 2009 California Association of Sanitation Agencies (CASA) Conference at Indian Wells, California. b) Member McGill reported on his attendance at the January 27, 2009 Walnut Creek State of the City Lunch. c) Members McGill and Hockett reported on their attendance at the January 29, 2009 Contra Costa USA, sponsored by Contra Costa Council. Book 58 -Page 171 Board Minutes of February 5, 2009 4) Announcements Member McGill announced that he attended the Contra Costa Council Transportation Task Force meeting, the Contra Costa Council Workshop on AB 32 and SB 375, and the HBANC Installation Reception. He stated that he participated in the CBIA conference call for the Water Resources Subcommittee and will attend the CBIA Winter meeting. He will also attend the Contra Costa Council Water Task Force meeting on February 17, 2009. Member Menesini announced that the District will have an historical exhibit at the Martinez Historical Society on Main Street in late August/ September. 8. TREATMENT PLANT a. AUTHORIZE THE GENERAL MANAGER TO PRE-PURCHASE NATURAL GAS THROUGH A SERVICE AGREEMENT WITH SHELL ENERGY NORTH AMERICA, LP FOR THE PERIOD OF JANUARY 1, 2010 THROUGH DECEMBER 31, 2012 AT A PRICE NOT TO EXCEED $9 PER DECATHERM General Manager James Kelly stated that the recent decline in natural gas prices offers the District an opportunity to pre-purchase natural gas for multiple years at a price of approximately $7.50 per decatherm. This item was reviewed and recommended for approval by the Budget and Finance Committee. It was moved by President Nejedly and seconded by Member McGill to authorize the General Manager to pre-purchase natural gas through a service agreement with Shell Energy North America, LP for the period of January 1, 2010 through December 31, 2012 at a price not to exceed $9 per decatherm. Motion passed by unanimous vote of the Board. 9. COLLECTION SYSTEM a. ACCEPTANCE OF THE 2008 COLLECTION SYSTEM SANITARY SEWER OVERFLOW ANNUAL REPORT General Manager James Kelly stated that an annual report on Sanitary Sewer Overflows has been prepared as required each year by the Regional Water Quality Control Board. Director of Collection System Operations Bill Brennan presented an overview of the report, stating that 2008 was a plateau year, with 5.7 overflows per 100 miles compared with 5.4 overflows per 100 miles in 2007. Statistics for overflow causes and quantities for 2008 were comparable to those in 2007. As in 2007, 99.999999 percent of wastewater was contained and treated. He showed charts comparing overflows for the Book 58 -Page 172 Board Minutes of February 5, 2009 2005-08 period and size of overflows. The main cause of overflows continues to be roots, followed by debris (rags, rocks, paper), and grease. In 2008, Walnut Creek had the highest total number of overflows. Fifteen billion gallons of wastewater was treated and discharged in 2008. Sanitary Sewer Overflows are up 8 percent from 2007 primarily due to high January and March results. There were thirteen more overflows than the all-time low of 73 overflows in 2006. There were no capacity overflows in wet weather. He described the activities that staff is undergoing which should result in long-term improvement, including increasing the frequency of pipe cleaning, changes in the chemical root-control program, and use of CCTV to check cleaning quality. It was moved by Member McGill and seconded by Member Menesini to accept the 2008 Collection System Sanitary Sewer Overflow Annual Report. Motion passed by unanimous vote of the Board. 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 11. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS President Nejedly stated that he would like to look at the possibility of keeping the Household Hazardous Waste Collection Facility open on Mondays. General Manager James Kelly stated that the matter is on the next Household Hazardous Waste Committee agenda for discussion. 12. CLOSED SESSION This Board recessed at 2:41 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. • Daniel and Eileen Scanlon v. Kandi Kaufman, et al; Lorraine Kaufman v. Daniel Scanlon, et al -Cross-Complaint -Contra Costa County Superior Court Case No. C06-01976. • Central Contra Costa Sanitary District v. KB Homes -Contra Costa County Superior Court Case No. CIVMSC08-02892. b. Conference with Legal Counsel regarding anticipated litigation -initiation of litigation pursuant to Government Code Section 54956.9 (c). Book 58 -Page 173 Board Minutes of February 5, 2009 • One potential case. Talada and LaBella v. City of Martinez, et al. c. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8: Property: APN 380-030-034, Henry's Wood Farm District Negotiators: Randy Musgraves and District Counsel Kent Alm; Negotiating Parties: Norma L. Henry and James H. Vernon; Under Negotiation: Price and Terms of Payment. d. Conference with labor negotiators pursuant to Government Code Section 54957.6: District Negotiators: Labor Counsel Allison Woodall, Esq.; Director of Administration Randall Musgraves, Human Resources Manager Cathryn Freitas, Secretary of the District Elaine Boehme Employee Organizations: Employees' Association, Public Employees' Union, Local One; CCCSD Management Support/Confidential Group (MS/CG); CCCSD Management Group. The Board reconvened in open session in the Board Room at 3:49 p.m. 11. REPORT OUT OF CLOSED SESSION None. 12. ADJOURNMENT There being ncurther business to come before the Board, President Nejedly adjourned the meeting at 3:50 p.m. G J s A. Nejedly 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 Sanitary district, County of Contra Costa, State of California Book 58 -Page 174