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HomeMy WebLinkAboutBOARD MINUTES 09-17-09 MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON SEPTEMBER 17, 2009 The District Board of the Central Contra Costa Sanitary District convened in a regular meeting at its regular place of business, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on Thursday, September 17, 2009. President Nejedly called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Hockett, Lucey, McGill (arrived 2:06 p.m.), Menesini, Nejedly ABSENT: Members: None a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance. 2. PUBLIC COMMENTS There were no public comments. 3. AWARDS AND COMMENDATIONS a. ADOPT A RESOLUTION ENCOURAGING AND PROMOTING POLLUTION PREVENTION AND DECLARING SEPTEMBER 21-27, 2009 “POLLUTION PREVENTION WEEK” Following a presentation by Assistant Engineer Melody LaBella, it was moved by Member Hockett and seconded by Member Menesini to adopt Resolution 2009-068, declaring September 21-27, 2009 as Pollution Prevention Week. Motion passed by the following vote of the Board: AYES: Members: Hockett, Lucey, Menesini, Nejedly NOES: Members: None ABSENT: Members: McGill b. PRESENTATION OF 2009 POLLUTION PREVENTION AWARDS Following a presentation by Senior Environmental Compliance Inspector Colleen Henry, Board Members presented Pollution Prevention Awards to: Book 59 – Page 88 Board Minutes of September 17, 2009 Aquarius Pool & Spa Service Costco #21 (photo lab and pharmacy) John Muir Rossmoor Pharmacy United States Postal Service (vehicle maintenance and repair) Representatives from Costco #21 and John Muir Rossmoor Pharmacy were unable to attend. 4. CONSENT CALENDAR It was moved by Member Menesini and seconded by Member Hockett to adopt the Consent Calendar as recommended. Motion passed by unanimous vote of the Board. a. Approve expenditures dated September 17, 2009. Reviewed by Budget and Finance Committee. b. Receive July 2009 Financial Statements. Reviewed by Budget and Finance Committee. c. Establish October 15, 2009 at 2:00 p.m. as the date and time for a public hearing regarding proposed reimbursement fees for the properties which could directly or indirectly connect to District Project 5919, Alhambra Valley Trunk Sewer AVAD 2007-1; and directly connect to Job 6412, Monteira AVAD 2007-4; Job 6439, Reliez Valley AVAD 2007-3; Job 6441, Quail AVAD 2007-6; and Job 6442, Gordon/Millthwait AVAD 2007-2 in Alhambra Valley. d. Accept the contract work for the Control Rooms Modifications, District Project 7253, completed by Melloni Construction, and authorize filing of the Notice of Completion. e. Adopt Resolution 2009-069 accepting offers of dedication from Steven C. Wight and Linda L. Wight for easements in the city of Lafayette, Job 6438, Parcels 2 and 5, and authorize staff to record documents with the Contra Costa County Recorder. f. Adopt Resolution 2009-070 accepting an offer of dedication from Donald V. Gieseke for an easement in the city of Lafayette, Job 6438, Parcel 6, and authorize staff to record documents with the Contra Costa County Recorder. g. Adopt Resolution 2009-071 accepting an offer of dedication from Braddock & Logan Group III, LP for an easement in the town of Danville shown on the map of subdivision 9014, Job 6409, Parcel 1, and authorize staff to record documents with the Contra Costa County Recorder. Book 59 – Page 89 Board Minutes of September 17, 2009 h. Adopt Resolution 2009-072 accepting offers of dedication from Windemere BLC Land Company, LLC for easements in the city of San Ramon shown on the maps of subdivision 8510 and subdivision 8957, Job 5878, Parcels 2 and 3, and authorize staff to record documents with the Contra Costa County Recorder. 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 6. REPORTS a. GENERAL MANAGER 1) Bay Area Clean Water Agencies General Manager James Kelly stated that the District has been a principal agency in the Bay Area Clean Water Agencies (BACWA) organization for more than 25 years. The agency was created to work with regulatory agencies to advance the understanding of water quality issues in the San Francisco Bay and to ensure the use of good science in the development of regulations. Plant Operations Director Doug Craig, who represents the District on the Executive Board, provide further information on the organization. He stated that BACWA has 5 principal agencies as members, 13 associate members, and 36 affiliate members. The five principal agencies are the City of San Jose, East Bay Municipal Utility District, East Bay Dischargers Authority, San Francisco Public Utilities Commission and the Central Contra Costa Sanitary District. He described BACWA’s activities and stated that they have an annual operating budget of $600,000 and a water quality attainment strategies budget of $600,000. He stated that the principal agencies pay $90,000 per year in membership fees, with Associate agencies paying $7,500 and Affiliates $1,500 per year. BACWA also has several committees. He stated that BACWA, as a group, has greater influence on regulatory development than any individual agency, and its success in obtaining achievable NPDES permit requirements has resulted in substantial cost savings to the District. 2) Accountant Position Appointment Salary Step (Todd Smithey) General Manager James Kelly referred to the memo in the agenda packet and stated that the Human Resources Committee reviewed the proposal to increase Mr. Smithey’s salary step to G 67-D from G 67-C. The Committee was divided on the recommendation and referred the matter to the Board. Book 59 – Page 90 Board Minutes of September 17, 2009 Member Lucey stated that, as a member of the Human Resources Committee, he did not support the staff recommendation to increase Mr. Smithey’s step to G 67-D. He pointed out that many District staff have received increases through recent salary surveys, and all received a 3 percent increase in recent negotiations. Human Resources Committee Chair Hockett stated that she supports the staff recommendation and Mr. Smithey should not be penalized for lack of clarity in District policies. Member McGill asked what the staff recommendation was on the item and stated that, in the private sector, the option that most benefits the employee is usually selected. Mr. Kelly stated that the staff recommendation is that Mr. Smithey’s salary step be G67-D. President Nejedly stated that staff should follow the Memorandum of Understanding and added that the District’s procedures should be corrected so this type of situation does not recur in the future. Members Hockett and Menesini supported the staff recommendation; Member Lucey and President Nejedly did not support the staff recommendation; Member McGill abstained. 3) General Manager James Kelly announced that a recent article from the Sacramento Bee identified Sacramento’s Regional Wastewater Treatment Plant as the single, largest source of pyrethroid pollution in the Delta. With the phase-out of organophosphates, such as diazinon and chlorpyrifos, pyrethroids have become the dominant urban pesticides used in California. Pyrethroids are the manufactured version of pyrethrins, a natural insecticide produced by certain species of chrysanthemum. Although there is no evidence that pyrethroids are harmful to humans, they are toxic to fish and aquatic invertebrates. A University of California Davis study found the concentration of cyfluthrin and permethrin, two commonly found pyrethroids, to be 5 and 24 parts per trillion, respectively, in the Delta water. These concentrations cause pyrethroid toxicity to Hyalella Azteca, a shrimp-like amphipod that is commonly used as an indicator of environmental health of aquatic systems. The District’s effluent was sampled and analyzed for pyrethroid pesticides in late July. The concentrations of cyfluthrin and permethrin were 0.6 Book 59 – Page 91 Board Minutes of September 17, 2009 parts per trillion and non-detect, respectively. All concentrations are well below the lethal concentration for Hyalella Azteca. The District also tested its effluent for acute toxicity using Hyalella Azteca, and our effluent caused no acute toxicity response. Although pyrethroids are a potential concern to aquatic life in the Bay/Delta, the District’s effluent is not a contributor of toxicity in the bay. 4) General Manager James Kelly announced that the State Water Resources Control Board (SWRCB) is holding informal public meetings seeking comments on the statewide Sanitary Sewer Overflow Reduction Program including the general waste discharge requirements (WDR) for Sanitary Sewer Systems, Water Quality Order No. 2006-0003. This WDR requires preparation and implementation of a Sewer System Management Plan and electronic reporting of sewer system overflows to a state data base. Stakeholder input is being sought to help SWRCB staff identify further improvement which may involve reopening and revising the SSO General Order. District staff is participating in this process directly through TriTAC and BACWA. Staff will attend the public hearing to be held on September 29, 2009 in Oakland. A prior hearing will be held in Fountain Valley on September 15, 2009. 5) General Manager James Kelly announced that the re-opening of the Permit Counter has again been delayed due to late arrival of cabinetry and an error in cabinet fabrication discovered when the cabinets were delivered the week of September 7, 2009. Subsequently, this has delayed the cutting and installation of the countertops. The Permit Counter is expected to re-open within the next two weeks, possibly three. However, a firm date for re-opening cannot be provided at this time as the contractor is awaiting a firm commitment from the countertop supplier. District staff is concerned about the inconvenience to the public and the permit counter staff, and are doing everything they can to expedite the countertop installation. They have notified Page Construction, the contractor, in writing on August 25 and September 11, 2009, that liquidated damages will be assessed for the schedule delay as allowed by the contract at $800 per calendar day beginning September 3, 2009. 6) General Manager James Kelly announced that a reception for the District’s history display at the County Historical Society History Center in Martinez was held on Sunday, September 13, 2009. Approximately thirty people attended including Board Members Barbara Hockett, Michael McGill, and Mario Menesini. Book 59 – Page 92 Board Minutes of September 17, 2009 7) General Manager James Kelly announced that the Environmental Protection Agency (EPA) annual inspection of the Treatment Plant will be on Thursday, September 17, 2009, at 9 a.m. 8) General Manager James Kelly announced that the Collection System Operations Department (CSOD) Vehicle Shop Improvements Project will improve working conditions in the District vehicle maintenance facility. The vehicle maintenance facility consists of four open bays on the South wall that expose workers to the elements. Low temperatures during the winter months and high temperatures during the summer months create uncomfortable working conditions. This project will replace the existing space heaters with more efficient heaters and will install circulation fans for better temperature control. This project will be advertised on September 28 and October 5, 2009. The bids will be opened on October 29, 2009. The construction cost is currently estimated at $74,000. More information will be presented when the Board is asked to approve the construction contract at the November 19, 2009 Board Meeting. 9) General Manager James Kelly announced that Town of Danville Councilmember Michael Shimansky sadly passed away on September 15, 2009. b. COUNSEL FOR THE DISTRICT District Counsel Kent Alm presented an update on the status of the Matthew Parkinen claim. He stated that his staff has responded to the complaint and the hearing is set for the middle of October, 2009. c. SECRETARY OF THE DISTRICT No reports. 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; recent meetings for which they received the stipend; and meetings or conferences for which the District paid their expenses. Member Hockett Member Hockett reported on her attendance at the September 3, 2009 Contra Costa County Mayors’ Conference. Book 59 – Page 93 Board Minutes of September 17, 2009 Member Lucey Member Lucey and President Nejedly reported on the September 14, 2009 Budget and Finance Committee meeting and summarized the Action Summary. The Board received the report without comments. Member McGill Member McGill provided a written report on his attendance at meetings for which he received the stipend or for which the District paid his expenses. 2) Announcements Member Menesini reported on his attendance at the September 13, 2009 County Historical Society exhibition and reception celebrating the completion of the Alhambra Valley Trunk Sewer project. 7. ADMINISTRATIVE a. ADOPT THE ENVIRONMENTALLY PREFERABLE PURCHASING (EPP) POLICY, WHICH WILL REPLACE CHAPTER 6 “RECYCLED PRODUCT PROCUREMENT” OF THE CURRENT PURCHASING POLICIES AND PROCEDURES General Manager James Kelly stated that, in an effort to strengthen the District's commitment to promote environmentally sustainable business practices, staff is recommending adoption of the Environmentally Preferable Purchasing Policy. Purchasing and Materials Manager Stephanie King presented information about the proposed policy, the intent of which is to purchase products or services that have a lesser or reduced effect on human health and the environment. Initially, the District will not pay more for environmentally-preferable products and services than currently. However if a purchase that costs more is of value to the District’s mission and goals, it may be considered by the Budget and Finance Committee for approval. She stated that the policy has been reviewed by the Budget and Finance Committee, which recommends adoption. President Nejedly noted that it is becoming less expensive to purchase “green” products. It was moved by President Nejedly and seconded by Member McGill to adopt the Environmentally Preferable Purchasing Policy as recommended. Motion passed by unanimous vote of the Board. Book 59 – Page 94 Board Minutes of September 17, 2009 8. BUDGET AND FINANCE a. CONSIDERATION OF THE FOLLOWING ACTIONS RELATING TO BOND ISSUANCE 1) Review of sewer service charge/bond financing options for funding essential capital projects General Manager James Kelly stated that, in order to fund the capital program recommended by staff, the Board is faced with a choice of significant sewer service charge increases or more modest increases, if some capital projects are bond financed. He stated that Tom Lockard, Financial Advisor from Stone Youngberg; and Chick Adams, Bond Counsel from Jones Hall, will present information at the next Board meeting on the Bond process, refinancing existing debt, and competitive versus negotiated sales. Director of Engineering Ann Farrell presented information on the need for funding for capital projects, either through significant sewer service charge increases over the next two years and modest increases thereafter, or through the sale of bonds and modest sewer service charge increases. She referred to her Board presentation at the September 3, 2009 Board meeting and recapped the advantages and disadvantages of bond financing. She stated that right-sized capital program is approximately $313 million over the next ten years, reduced from the earlier $331.5 million. $30 million in bond proceeds would be needed to finance the proposed projects, which include the Standby Power, Sludge Loading, Household Hazardous Waste Collection Facility (HHWCF) Improvements, Collection System Operations (CSO) Facility Improvements, A-Line Easements, and the Wet Weather Bypass projects. She showed charts illustrating possible sewer service charge increases both with and without $30 million in net bond proceeds. She stated that staff recommends funding a right-sized capital program, issuing bonds to net $30 million in November 2009, and raising rates in June 2010 and subsequent years to make up the difference. An estimated $17 sewer service charge increase will be needed each year for at least three years. Member Lucey and President Nejedly expressed support for refinancing existing bonds but did not support the issuance of new bonds. Members Hockett, McGill and Menesini supported the concept of new bond financing and the refinancing of existing bonds. The Board directed staff to bring back more information on bond financing at the next Board meeting. Book 59 – Page 95 Board Minutes of September 17, 2009 2) Adopt a resolution declaring intention to reimburse expenditures from the proceeds of the Certificates of Participation for costs expended by the District for the Standby Power Facility Improvements Project, the Solids Handling Improvements Project, and the Household Hazardous Waste Collection Facility Improvement Project, prior to the issuance of the certificates General Manager James Kelly stated that this action is requested to preserve the option to bond finance some projects which will or may be in construction at the time bonds are sold. Adoption of the resolution will preserve that option. The Budget and Finance Committee reviewed the matter but did not take a position. They recommended that it be referred to the full Board for action. It was moved by Member McGill and seconded by Member Hockett to adopt Resolution 2009-073. Motion passed by the following vote of the Board: AYES: Members: Hockett, McGill, Menesini, Nejedly NOES: Members: Lucey ABSTAIN: Members: None 9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION a. RECEIVE REPORT ON EMERGENCY DECLARED ON MAY 21, 2009 AND AUTHORIZE THE GENERAL MANAGER UNDER PUBLIC CONTRACT CODE 22050(b) TO CONTINUE WITH EMERGENCY REPAIRS ON THE RECYCLED WATER PIPELINE AT GRAYSON CREEK IN MARTINEZ, IF WORK HAS NOT BEEN COMPLETED Senior Engineer Ba Than presented an update on the emergency repairs on the recycled water pipeline at Grayson Creek. He stated that the contractor is installing pipe supports this week and pipe will be delivered to the jobsite on Monday, September 21, 2009. The clean-up and punch list will be completed by October 8, 2009. Staff is working on recovering costs above $250,000 from the District’s property loss insurance policy. It was moved by Member McGill and seconded by Member Menesini to continue the authorization for emergency repairs under Public Contract Code 22050(b). Motion passed by unanimous vote of the Board. 10. SUGGESTIONS FOR FUTURE AGENDA ITEMS None. Book 59 – Page 96 Board Minutes of September 17, 2009 11. ADJOURNMENT ' There being no further business to come before the Board, President Nejedly adjourned the meeting at 3:08 p.m. in memory of Town of Danville Councilmember Michael Shimansky, who passed away on September 15, 2009. C/ / James A. Nejedly " President of th oard of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: ^,. _ , ;~. '~, ~ Elaine~R. Boehme ~~ Secre4ary,~of-the Central Contra Costa ' ' ,'`Sanitary District, County of Contra Costa. State~of California Book 59 -Page 97