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HomeMy WebLinkAboutBOARD MINUTES 03-18-10MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MARCH 18, 2010 The Board of Directors of the Central Contra Costa Sanitary District convened in a regular meeting at their regular place of business, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on Thursday, March 18, 2010. President McGill called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Hockett, Menesini, Nejedly (arrived at 2:34 p.m.), McGill ABSENT: Members: Lucey 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. PRESENTATION OF SAFETY SUGGESTION OF THE YEAR AWARD FOR 2009 TO JEREMIAH WALSH, MAINTENANCE CREW MEMBER II, FROM THE COLLECTION SYSTEM OPERATIONS DEPARTMENT FOR HIS SAFETY SUGGESTION TO INSTALL HYDRO HOSE WINDERS AND PINCH ROLLERS ON THE HYDRO TRUCKS TO HELP PROTECT EMPLOYEES FROM INJURY General Manager James Kelly stated that, every year, the District Safety Committee reviews the safety suggestions submitted by employees during the preceding year. The Committee then picks the suggestion that it thinks offers the greatest safety enhancement or greatest reduction in workplace hazards. Following a report from Safety and Risk Management Administrator Shari Deutsch, President McGill presented the award to Maintenance Crew Member II Jeremiah Walsh in recognition of his safety suggestion to install hydro hose winders and pinch rollers on hydro trucks. 4. CONSENT CALENDAR It was moved by Member Hockett and seconded by Member Menesini to adopt the Consent Calendar as recommended. Motion passed by the following vote of the Board: Book 60 -Page 9 Board Minutes of March 18, 2010 AYES: Members: Hockett, Menesini, McGill NOES: Members: None ABSENT: Members: Lucey, Nejedly a. Approve expenditures dated March 18, 2010. Reviewed by Budget and Finance Committee. b. Approve minutes of February 18, 2010 Board meeting. c. Accept the 2009 Annual Report of the Deferred Compensation Plan Advisory Committee. Reviewed by Budget and Finance Committee. d. Approve a request for emergency withdrawal of funds from the Deferred Compensation Plan. e. Adopt Resolution 2010-009 accepting offers of dedication from property owners in the Haven Lane neighborhood for easements in the unincorporated area of Walnut Creek, Job 5406, Parcels 4, 7, 8, 9, 10, and 12, and authorize staff to record documents with the Contra Costa County Recorder. Adopt Resolution 2010-010 accepting an offer of dedication from Shapell Industries of Northern California for an easement in the unincorporated area of San Ramon, Job 5679, Parcel 2, and authorize staff to record documents with the Contra Costa County Recorder. g. Adopt Resolution of Application 2010-011 requesting that Contra Costa LAFCO initiate proceedings to amend the District's mutual sphere of influence with the Mountain View Sanitary District, District Reorganization 181, including the finding that the annexation of each property in Annexation Areas 181-1 through 181-5 (inclusive) is exempt from CEQA. h. Adopt Resolution of Application 2010-012 requesting that Contra Costa LAFCO initiate proceedings to detach two properties and annex three properties in five separate areas in incorporated and unincorporated Martinez to the District, District Reorganization 181, including the finding that annexation of each property in Annexation Areas 181-1 through 181-5 (inclusive) is exempt from CEQA. 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. Book 60 -Page 10 Board Minutes of March 18, 2010 6. BIDS AND AWARDS a. AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $316.675 TO R-E CORPORATION, THE LOWEST RESPONSIVE BIDDER FOR THE SOLIDS CONDITIONING BUILDING (SCB) MECHANICAL ROOM IMPROVEMENTS PROJECT, DISTRICT PROJECT 7277; FIND THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA); AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE THE CONTRACT DOCUMENTS SUBJECT TO SUBMITTAL REQUIREMENTS General Manager James Kelly stated that construction for the Solids Conditioning Building Mechanical Room Improvements Project included the installation of a new air handling unit, a chilled water recirculation pump, and the replacement of five existing roof top exhaust fans. Eight sealed bids were received from contractors. The bids ranged from $316,675 to $424,500. Staff recommended awarding the contract for $316,675 to R-E Corporation, the lowest responsive bidder. It was moved by Member Menesini and seconded by Member Hockett to find that the project is exempt from CEQA; to award the construction contract to R-E Corporation; and to authorize the General Manager to execute the contract documents as recommended. Motion passed by the following vote of the Board: AYES: Members: Hockett, Menesini, McGill NOES: Members: None ABSENT: Members: Lucey, Nejedly 7. REPORTS a. GENERAL MANAGER 1) Contra Costa County Employees' Retirement Association (CCCERA) Update Director of Administration Randall Musgraves summarized the March 10, 2010 CCCERA Board meeting. In response to a question by Member Menesini, Mr. Musgraves stated that CCCSD has the option to write a letter to the CCCERA Board stating its positions. He added that it is unlikely that CCCERA will allow members of an employer agency to serve on the ad hoc committee, which they are forming to consider the issues of depooling and to determine an appropriate path to complete the depooling study. Book 60 -Page 11 Board Minutes of March 18, 2010 President McGill noted that the inability of CCCERA's actuaries to accurately report its depooling findings leaves employers without the information needed to move forward with assessing their retirement programs. Mr. Musgraves stated that staff will continue to attend CCCERA Board meetings and will keep Board Members informed. 2) General Manager James Kelly announced that many of the treatment plant piping systems have been in place for over thirty years and are being replaced as part of the ongoing Treatment Plant Piping Renovations Project, DP 7276. The Phase 5 Piping Renovations Project will provide necessary improvements to the aeration air system by replacing the 24-inch air supply headers and downcomers on the aeration tanks. In addition, this project includes replacement of some badly corroded and leaking piping systems. Sluice gates and valves that are leaking or have become inoperable are also being replaced in this project. The project will be advertised on March 19 and 24, 2010 and bids will be opened on April 14, 2010. The construction cost is currently estimated at $1,900,000. The Board will be asked to approve the construction contract at the May 6, 2010 regularly scheduled Board Meeting. 3) General Manager James Kelly announced that, in addition to the retirements mentioned at a previous Board meeting, Senior Plant Operator Eugene Beardsley has announced his retirement as of March 15, 2010, after 23 years of service. 4) General Manager James Kelly announced that Administrative Services Supervisor Angela Taliani will transfer to the Plant Operations Department (POD) on March 18, 2010. Administrative Services Supervisor Pat Kast will have retired as of that date, but, due to the limited time available for the transition, staff would like to retain Ms. Kast on an interim, intermittent basis to ensure a smooth transition. This limited effort will primarily be focused on POD time card processing and departmental/regulatory procedures. The assignment is expected to last until approximately July 2010. 5) General Manager James Kelly announced that Human Resources Analyst Christopher Ko was elected to the Board of Directors of the International Public Management Association -Human Resources, Northern California Chapter (NCCIPMA-HR) on Thursday, March 4, 2010. He will serve a two-year term effective July 1, 2010. This will allow Mr. Ko to associate with Human Resource colleagues who know the District well and face some of the same challenges as the District, such as representatives from Book 60 -Page 12 Board Minutes of March 18, 2010 West County Wastewater District, Vallejo Sanitation, DSRSD, Delta Diablo, and Oro Loma District. 6) General Manager James Kelly announced that the cost of living from February 2009 to February 2010 for all Bay Area consumers came in at 1.8 percent. Per the Memorandum of Understanding between the District and its bargaining units, all District employees will receive a two percent cost-of-living adjustment effective April 18, 2010. 7) General Manager James Kelly announced that, as the end of the heating season approaches, gas storage volumes are high and the economy remains flat. This has resulted in a significant reduction in long-term gas prices. At the February 5, 2009 Board meeting, the Board of Directors authorized the prepurchase of natural gas through December 2012 at a price not-to-exceed $9 per decatherm (dth). Taking advantage of the lull between winter and hurricane season, the District purchased 333 dth per day of natural gas for calendar year 2011 at a Pacific Gas and Electric Citygate price of $6.05/dth. 8) General Manager James Kelly announced that, on Friday, March 12, 2010, the District experienced a 15,000 gallon overflow in San Ramon. The spill was caused by root intrusion through the base of a manhole. The line segment was in an easement open space area and was reported by a resident walking her dog. The line was cleaned two years ago, and was clear at that time. The line remained on its routine 60-month schedule. The District received the call at 10:50 a.m. and cleared the blockage at 12:10 p.m. After entering the stormdrain system, the spill traveled approximately 1 '/ miles under ground before flowing into Coyote Creek. During the spill response, heavy rain had begun. Coyote Creek's flow was so great during the storm event that efforts to capture and return the spill to our system were impractical. The spill was reported to the Regional Water Quality Control Board within the two-hour reporting window. 9) General Manager James Kelly announced that, on Tuesday, March 16, 2010, Communication Services Manager Michael Scahill received a phone call from reporter Rick Radin of the Contra Costa Times. Mr. Radin asked if the District was aware of the property tax refund owed by the County to Chevron and that the District's portion of that refund was $112,215. He was informed that the District knew Chevron had made an appeal for a reassessment of its property, but was unaware of the District's refund amount. Mr. Radin was told that it would be investigated and he would be called back. A staff member of the County Assessor's Office was contacted and said that they had not received any information on the refund and referred Mr. Scahill to the County Auditor, Steve Ybarra. Mr. Ybarra said that Chevron Book 60 -Page 13 Board Minutes of March 18, 2010 had filed an appeal with the Appeals Board and that final resolution of the issue was still being negotiated. He noted that nothing had been released by his office to the press or any of the impacted agencies. Mr. Scahill phoned Mr. Radin and told him that the District was awaiting official notification from the County. An article on the issue appeared in today's Contra Costa Times. 10) General Manager James Kelly announced that the California Environmental Insider recently reported that the City of Stockton was charged a significant fine related to a sewage overflow and the improper training of its staff. He stressed the importance of adequate staff training, as it may also affect how fines are assessed. 11) General Manager James Kelly announced that District Labor Counsel Allison Woodall will be leaving the law firm of Hanson Bridgett at the end of March 2010. 12) General Manager James Kelly announced that former General Manager Chuck Batts was recently interviewed by National Public Radio regarding the District's retirement system. The reporter stated that there was no plan to mention Mr. Batts specifically in the publication, but that the call was to gain information for an upcoming article. 13) General Manager James Kelly announced that today's Board meeting is Director of Plant Operations Doug Craig's last, prior to his retirement. He commended Mr. Craig for his twenty-three years of service and his contributions to upholding the District's record of 100 percent compliance with National Pollutant Discharge Elimination System (NPDES) requirements for twelve consecutive years. b. COUNSEL FOR THE DISTRICT No reports. c. SECRETARY OF THE DISTRICT Secretary of the District Elaine Boehme announced the upcoming meetings of the Household Hazardous Waste Committee, Human Resources Committee and Capital Projects Committee. d. BOARD MEMBERS 1) Board Member reports on future meetings or conferences for which they will receive the stipend 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. Book 60 -Page 14 Board Minutes of March 18, 2010 Member Hockett Member Hockett reported on her attendance at March 8 - 10, 2010 California Association of Sanitation Agencies (CASA) Conference in Washington, D.C. Member Nejedly arrived at the conclusion of this report. Member Nejedly Members Nejedly and Hockett reported on the March 15, 2010 Budget and Finance Committee meeting. The Board received the report without comments. President McGill President McGill and Member Menesini reported on the March 15, 2010 Outreach Committee meeting and summarized the Action Summary. The Board received the report without comments. President McGill provided a written report on his meeting attendance. 2) Provide direction to President McGill, the District's representative and voting delegate for the Contra Costa Special Districts Association, on how to vote at the upcoming Local Agency Formation Commission (LAFCO) Election on Aoril 19. 2010 President McGill stated that the terms of Dwight Meadows and George Schmidt (Alternate), who are Special District representatives on LAFCO, expire on May 3, 2010. Each Special District may, if they wish, nominate a candidate. The candidate must be a Board Member or Trustee of an independent district. This must be done by Board resolution and sent to LAFCO by April 9, 2010. The slate of candidates will be available after that date. He stated that he is the representative to the Contra Costa Special Districts Association and would like Board input on who should receive the District's vote at the LAFCO election, which will be held on April 19, 2010. He stated that the Board has several options: Direct staff to prepare a resolution nominating another candidate; or Book 60 -Page 15 Board Minutes of March 18, 2010 2. Direct President McGill to vote for the incumbents, Dwight Meadows and George Schmidt (Alternate), who are running for re- election; or 3. Wait until the full slate of candidates is available after April 9, 2010, and at the April 15 Board meeting direct President McGill to vote for a candidate. Member Hockett spoke in favor of option 2, voting for the incumbents Dwight Meadows and George Schmidt (Alternate), as they had demonstrated an understanding of CCCSD's interests at an annexation meeting she attended. Member Nejedly stated that it was premature to vote without knowing who else may submit their names for candidacy. It was moved by Member Nejedly and seconded by President McGill to approve Option 3, which was to wait until the full slate of candidates is available after April 9, 2010, and at the April 15 Board meeting direct President McGill to vote for a candidate. Motion passed by the following vote of the Board: AYES: Members NOES: Members ABSENT: Members 3) Announcements Hockett, Menesini, Nejedly, McGill None Lucey President McGill provided a written report covering Announcements. Member Menesini announced the Environmental Alliance meeting on Monday, April 19, 2010 regarding climate change. 8. ADMINISTRATION a. AUTHORIZE THE SECRETARY OF THE DISTRICT TO PROVIDE PUBLIC NOTICE OF PROPOSED SEWER SERVICE CHARGE RATE INCREASE OF UP TO $16 FOR THE 2010-2011 FISCAL YEAR, EFFECTIVE JULY 1, 2010 General Manager James Kelly stated that the District must provide a 45-day notice to the ratepayers prior to considering a proposed sewer service charge increase at a public hearing. For such notice to be given before the proposed June 3, 2010 public hearing, mailing preparations should begin by March 26, 2010. If the District waits beyond this date to decide, noticing will cost an additional $5,000-$10,000 for overtime at the mailing house. He stated that staff is asking the Board to authorize the Secretary of the District to provide public notice of a proposed sewer service charge rate increase of up to $16 for FY 2010-2011. He noted that the Board received the draft Prop 218 notice in the agenda packet and asked them to submit any comments to staff. Book 60 -Page 16 Board Minutes of March 18, 2010 President McGill stated that the total cost to send a Proposition 218 notice is $70,000 if the decision to mail is made before March 26. District Counsel Kent Alm stated that four affirmative votes are needed to pass a sewer service charge rate increase. President McGill stated that he did not intend to vote for a rate increase. It was moved by Member Nejedly and seconded by Member Hockett to authorize the Secretary of the District to provide public notice of a proposed sewer service charge rate increase of up to $16 for FY 2010-2011, effective July 1, 2010. Member Menesini stated that he will abstain, stating that he did not know enough about the effects of not sending the notice to make an informed decision. District Counsel Kent Alm stated that a 2-1-1 vote was a vote in the affirmative, as it constituted a majority of the quorum. Mr. Kelly suggested continuing the matter to the next Board meeting, when all Board Members would be present to vote. Mr. Alm noted that, to reconsider the matter at this meeting, a motion to reconsider would have to be made by a member of the prevailing side of the motion. Members Nejedly and Hockett declined to make such a motion. Motion passed by the following vote of the Board: AYES: Members: Hockett, Nejedly NOES: Members: McGill ABSTAIN: Members: Menesini ABSENT: Members: Lucey 9. ENGINEERING a. ESTABLISH APRIL 15, 2010 AT 2:00 P.M. AS THE DATE AND TIME FOR PUBLIC HEARINGS TO CONSIDER ADOPTION OF A PROPOSED ORDINANCE TO AMEND THE SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT-RELATED RATES AND CHARGES AND A PROPOSED ORDINANCE TO AMEND THE SCHEDULE OF CAPACITY FEES, RATES AND CHARGES General Manager James Kelly stated that, each year, staff determines the current value of District assets and the number of Residential Unit Equivalents served to calculate a recommended update to Capacity Fees for both the Gravity and Pumped Service Zones. In addition, the current cost of providing Environmental and Development- Related services is compared to the current Schedule of Rates and Charges to develop recommended revisions for the following year. Book 60 -Page 17 Board Minutes of March 18, 2010 Principal Engineer Jarred Miyamoto-Mills presented a brief report to introduce staffs recommendations for 2010-11. He presented a timeline based upon the proposed public hearing date, which would make the fees and charges effective July 1, 2010. The current capacity fees are $5,298 per Residential Unit Equivalent (RUE) for Gravity Zone and $6,949 per RUE for Pumped Zone. The proposed capacity fees are $5,451 per RUE for Gravity Zone and $7,092 per RUE for Pumped Zone. He stated that the housing slow-down has resulted in a reduction in fees received. If the proposed environmental and development-related rates and charges are adopted, forty-nine fees would increase, one would decrease, and twenty-four would remain unchanged. It was moved by Member Hockett and seconded by Member Menesini to establish April 15, 2010 at 2:00 p.m. as the date and time for the public hearings. Motion passed by the following vote of the Board: AYES: Members: Hockett, Menesini, Nejedly, McGill NOES: Members: None ABSENT: Members: Lucey b. AUTHORIZE THE GENERAL MANAGER TO EXECUTE SPECIFIC MODIFICATIONS AND AN EXTENSION OF UP TO ONE YEAR FOR THE CURRENT PERMIT CONTRACT WITH ACME FILL CORPORATION REGARDING THE ACCEPTANCE OF TREATED LANDFILL LEACHATE FROM THE ACME LANDFILL LOCATED IN MARTINEZ, CALIFORNIA General Manager James Kelly stated that the District accepts treated landfill leachate from the Acme Fill landfill site under a Permit Contract that is scheduled to expire on March 31, 2010. The standard term for the last several Permit Contracts has been three years. During discussions with Acme representatives about the renewal of the Permit Contract, Acme proposed a possible significant change to the required treatment processes. The proposal may have merit but requires additional time to develop and complete an enhanced sampling program to generate data to evaluate the merits. District staff recommends extending the current Permit Contract for up to one year to enable Acme to generate data that can be used to evaluate the proposed modifications to the treatment processes. Acme requested the District to consider either eliminating or reducing the value of the required $150,000 Certificate of Deposit. Staff evaluated the types of costs that would be addressed by the required certificate and recommend reducing the value to $50,000, which would be protective of the District's operations. This recommended reduction is based on the compliance performance of the current Acme operation over the last several Permit Contract terms. It was moved by Member Nejedly and seconded by Member Menesini to authorize the General Manager to execute specific modifications and an extension of up to one year for the current permit contract with Acme Fill Corporation. Motion passed by the following vote of the Board: Book 60 -Page 18 Board Minutes of March 18, 2010 AYES: Members: Hockett, Menesini, Nejedly, McGill ' NOES: Members: None ABSENT: Members: Lucey 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 11. SUGGESTIONS FOR FUTURE AGENDA ITEMS President McGill asked staff to place on the next Board agenda reconsideration of the Board action authorizing the sending out of the Proposition 218 notice. 12. CLOSED SESSION The Board recessed at 3:14 p.m. to reconvene in the Caucus Room in closed session regarding Item a. below. The Board determined there was no need for Item b. a. Conference with Legal Counsel -existing litigation pursuant to Government Code Section 54956.9(a): Matthew Parkinen v. Central Contra Costa Sanitary District, Contra Costa County Superior Court Case No. C09-01511. The Board recessed at 3:42 p.m. to reconvene in open session in the Board Room. 13. REPORT OUT OF CLOSED SESSION None. 14. ADJOURNMENT There being no further business to come before the Board, President- cGi adjourned the meeting at 3:43 p.m. l " „ ~~~ 1, ` ~„ .'s - ~ ~ $OUNTEhSIGNED: ~ ,,{ ii ~ :~~ , r Michael R. M i I President the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California n VVlrI I111V ' ~~,:`~SECretary of the Central Contra Costa ...__ Sanitary District, County of Contra Costa, State of California Book 60 -Page 19