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HomeMy WebLinkAboutBOARD MINUTES 10-07-10MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON OCTOBER 7, 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, October 7, 2010. President McGill called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Hockett, Lucey, Menesini, Nejedly, McGill 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. 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. Approve expenditures dated October 7, 2010. Reviewed by Budget and Finance Committee. b. Receive August 2010 Financial Statements and Investment Reports. Reviewed by Budget and Finance Committee. C. Approve minutes of September 2, 2010 Board meeting. d. Adopt Resolution 2010 -091 authorizing the execution and recording of a Quitclaim Deed for a sewer easement to John Muir Health, 1601 Ygnacio Valley Road, Walnut Creek (Job No. 2060 — Portion of Parcel 1), and authorize staff to record documents with the Contra Costa County Recorder. e. Adopt Resolution 2010 -092 authorizing the execution and recording of a Quitclaim Deed for a sewer easement to Ygnacio Associates, 1515 Ygnacio Road, Walnut Creek (Job No. 1193 — Parcel 3), and authorize staff to record documents with the Contra Costa County Recorder. Book 6 — Page 146 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of October 7, 2010 Deny claim for damages submitted by Rae Lynn Fiscalini. Reviewed by Budget and Finance Committee. g. Deny claim for damages submitted by Hess Rouhafza. Reviewed by Budget and Finance Committee. 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 5. REPORTS a. GENERAL MANAGER 1) Receive report on September 29 2010 Contra Costa County Employees' Retirement Association (CCCERA) Board meeting General Manager James Kelly stated that staff attended the September 29, 2010 Contra Costa County Employee's Association Meeting. Items of interest to the District were summarized in the Board binder. The most important item was that CCCERA's Chief Executive Officer Marilyn Leedom discussed with the CCCERA Board the need to hold action on future rates ' based upon de- pooling until after the employers have audited Mr. Segals' work, which will be after the review on November 4th. As of now, the future rates impacted by de- pooling will be placed on the November 3rd CCCERA Board meeting for receipt of the report and on November 17, 2010 for CCCERA Board action. In response to a question from Member Lucey, Director of Administration Randy Musgraves confirmed that CCCERA appears to be cooperating and providing requested information. 2) Receive annotated construction project update on Collection System Operations Facility, District Project 8208 General Manager James Kelly stated that, at the last Board Meeting, the Board requested regular updates on the progress of the CSOD Administration, Crew and Warehouse Facility project. Senior Engineer Alex Rozul updated the Board on the project's level of construction, stating that construction delays are currently at 46 days. He stated that staff is concerned that construction progress is behind schedule, and staff and the contractor are evaluating the schedule to determine if adjustments to the sequence of activities or activity durations are appropriate. He described the progress of the project, and stated that the site is being prepared for the oncoming winter weather, and slopes are being hydroseeded. He showed photographs of the construction site. 1 Book 6 —Page 147 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of October 7, 2010 In response to a question from Member Nejedly, Mr. Rozul confirmed that the 46 days' delay is I the contractor's fault, not bad weather. Mr. Rozul noted that, recently, a couple of weeks' progress has been gained on the project. President McGill announced that he and Member Menesini have discussed holding a Capital Projects Committee meeting on the project site to inspect the progress. 3) Receive construction project update on Household Hazardous Waste Collection Facili General Manager James Kelly stated that construction began in March at the Household Hazardous Waste Facility (HHW) to improve seismic stability, improve access to the Reuse Room for the disabled, as well as increase worker safety and comfort. Household Hazardous Waste Supervisor David Wyatt presented an update on the project, which included the installation of heaters, increased work space and accessibility, and various other improvements. The building was also retrofitted for seismic improvements. He showed before - and -after photographs of the project. 4) Receive report on IWA Conference, Montreal Director of Engineering Ann Farrell provided a report on her recent attendance at the , International Water Association 2010 Congress in Montreal, Canada. There were over 3,000 attendees from all over the world. The theme of the Congress was sustainability and developing new approaches to wastewater management that conserve water and energy. 5) Announcements a) General Manager James Kelly announced that the Household Hazardous Waste Collection Facility was inspected on September 29, 2010 by the Contra Costa County Hazardous Materials Program. The inspection included a review of hazardous waste storage and handling practices and procedures, the Hazardous Materials Business Plan, and operations permit. The Facility was found to be in compliance in all areas observed. b) General Manager James Kelly announced that a tentative Waste Discharge Requirements renewal package was issued on September 3, 2010 for the Sacramento Regional County Sanitation District Wastewater Treatment Plant. The discharger community was surprised by the significantly increased treatment requirements contained in the tentative permit. In particular, if adopted, the permit would require Sacramento Regional to remove ammonia and nitrogen from its effluent and then filter all its effluent and provide a higher level of disinfection before discharge to the Sacramento River. In addition, the permit proposes to allow no ' consideration of dilution and mixing zones, which results in requirements needing to be met at the "end of pipe ". Book 6 —Page 148 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of October 7, 2010 ' The discharger community is concerned that the increased requirements are not supported by sound science and that the economic impacts have not been compared to the actual benefits and finally, that other consequences, such as the increase in green gas emissions, have not been considered. As such, many in the discharger community, including the District and BACWA, will be commenting on the permit. Staff is working with District Counsel on the legal aspects and with a specialty water quality firm, Limnotech, on the technical issues and will compile a comment letter for submission prior to the 5 p.m. October 8, 2010 deadline. c) General Manager James Kelly announced that, on September 28, 2010, Concord City Council adopted the revisions to the District's Source Control Ordinance (Title 10 of the District Code). The item was adopted under Consent Calendar and there were no public comments. The Concord Municipal Code that incorporates the District's Source Control Ordinance requirements references changes made to the District's Code being effective in Concord's sewer service area. However, District Counsel determined that formal adoption of the District's modifications was needed in order to ensure the Source Control standards in Concord's service area were enforceable. District Counsel and staff supported this adoption ' process by providing supporting documents and being available for questions. d) General Manager James Kelly announced that, on September 29, 2010, the US Senate approved final changes to the Safe and Secure Drug Disposal Act (S 3397). The companion bill passed the US House of Representatives unanimously on September 22, 2010. The bills now go to the President for signature, which is expected soon. This law will amend the Controlled Substances Act to allow for drug take - back options beyond law enforcement collection, which is the only mechanism to collect this challenging subset of prescription drugs available in most of the country today. The exact options that will be included are left to the rule- makers. e) General Manager James Kelly announced that UC Berkeley is starting a program for its alumni interested in participating in their externship program. Now in its 12th year, the program has placed over 2,000 students with alumni sponsors in a wide variety of industries throughout California and beyond, offering a chance to shadow real -world professionals and explore career options. The program is designed primarily for freshmen and sophomores who submit a resume and interest ' statement for their top choice of externships. UC staff matches the candidate(s) with the externship opportunity and refers the student(s) in Book 6 —Page 149 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of October 7, 2010 early December to those participating agencies. In mid - December, the student(s) placed will contact their assigned agency to confirm the ' schedule for the January 2011 assignment. This is a one -day to two -week program. Students do not receive compensation or benefits. If required, they will need to provide steel -toed boots at their own expense. The General Manager has approved the District's participation and the Human Resources Committee will be informed next month. f) General Manager James Kelly announced that the number of sewer overflows in the District Collection System has been declining over the past 7 years due to increased efforts in management, inspection, cleaning, repair and renovation. The District tracks overflows on a calendar year -to- date basis and a moving 12 -month basis. For the 2010 calendar year through September 30, 2010, the number of overflows is 30. For comparison, at this same time in 2008 and 2009, the year -to -date number of overflows was 59 and 54, respectively. As of September 30, 2010, the number of sewer overflows has declined to 39 overflows per year on a moving 12 -month basis. A year ago, the number of overflows per year was 68. Another common metric for comparing the effectiveness of sewer system management is the number of overflows per 100 miles of sewer. On this basis, the District overflow rate is 2.6 overflows per year per 100 miles of sewer. The District , participated in a statewide sewer management benchmarking study during 2009. The results of this study were that top - performing sewer agencies have sewer overflow rates of 3 overflows per year per 100 miles of sewer or less. g) General Manager James Kelly announced that the District has received two requests for information. The first, from the State of California Department of Justice, asks for the name, position, base salary and total compensation of any employee that exceeds $200,000. The second request is from the Contra Costa Grand Jury for information about unrestricted general reserves. Staff is responding to this request and will provide a copy to the Board when completed. h) General Manager James Kelly announced that, on Thursday, September 30, 2010, Governor Schwarzenegger vetoed both Assembly Bill 1987 and Senate Bill 1425, both identified as "Anti- Spiking" legislation. In explaining his veto of AB 1987, the Governor cited the need for a consistent standard that is transparent, understandable, and implementable throughout the state. He stated that the bill would still allow pension spiking in some instances, which would not provide a consistent ' treatment of all employees. His reasoning for vetoing SB 1425 is that it did not provide real pension reform. Book 6 — Page 150 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of October 7, 2010 ' In both cases, the Governor concluded his explanation of the vetoes with the statement that he is still hopeful that the Legislature will pass an acceptable bill that truly addresses California's pension problem. The Governor also vetoed AB 194, a pension cap measure associated with the City of Bell scandal. AB 194 would have capped compensation in calculating a public employee's pension at 125% of the Governor's current salary, which is $173,987. This bill was part of a package of six bills tied to the City of Bell that would have limited salary increases, and required internet posting of local and state elected and appointed officials' salaries. The Governor rejected the package declaring it was piecemeal and did not go far enough. i) General Manager James Kelly announced that, at the June 3, 2010 Board meeting, staff reported that the Environmental Protection Agency (EPA) was in the process of evaluating whether to designate sewage sludge that is incinerated a solid waste and was concurrently developing emissions limits for the incinerators. The EPA has designated sewage sludge a solid waste, which means that the District's incinerators will be regulated under Section 129 of the Clean Air Act. On October 1, 2010, the EPA provided the National Association of Clean Water Agencies (NACWA) with the pre- ' publication version of the proposed rule for new regulations for incinerators. Stringent standards were proposed and a preliminary evaluation indicates that the District can meet the limits for 8 of the 10 compounds without major furnace modifications. However, the District's hydrogen chloride (HCi) content is 20% higher than the proposed standard and the Mercury (Hg) content is almost 3 times the proposed standard. If these limits are promulgated in early January 2011 as anticipated, the District could incur significant additional capital and operational costs to meet the new standards. The anticipated compliance date is late 2015. Once the rule is released, the EPA will receive numerous comments and, depending upon how they respond, potentially numerous lawsuits. b. SECRETARY OF THE DISTRICT Secretary of the District Elaine Boehme noted that the Board received the Draft 2011 Board Calendar in the Board Binder. She highlighted a few minor changes over the prior year, and asked for comments or concerns. The Board received the calendar without comments. Secretary of the District Elaine Boehme announced upcoming Real Estate and Human Resources Committee meetings. Book 6 — Page 151 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of October 7, 2010 C. 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 Lucey Member Lucey (Alternate) and President McGill (Alternate) reported on the October 4, 2010 Budget and Finance Committee meeting and summarized the Action Summary. The Board received the report without comments. Member Hockett Member Hockett reported on her recent attendance at the October 2 -6, 2010 Water Environment Federation's Annual Technical Exhibition and Conference (WEFTEC) in New Orleans. President McGill President McGill and Member Menesini reported on the September 21, 2010 ' Outreach Committee meeting and summarized the Action Summary. The Board received the report without comments. President McGill stated that, in response to a request from Assemblymember Skinner to learn more about the District's Recycled Water Program, he will be setting up a Recycled Water Committee meeting to meet with her. He also noted that it might be beneficial to set up a Capital Projects Committee meeting to visit the CSO project while under construction. 2) Announcements a) President McGill provided a written report covering Announcements and other meetings. 6. ADMINISTRATIVE ADOPT RESOLUTION 2010 -089 APPROVING THE EMERGENCY OPERATIONS PLAN AND RESCINDING AND REPLACING RESOLUTION 95 -077; AND ADOPT RESOLUTION 2010 -090 RESCINDING AND REPLACING RESOLUTION 2009 -106 ' (GENERAL MANAGER AUTHORITY) TO CLARIFY THAT GENERAL MANAGER Book 6 — Page 152 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of October 7, 2010 ' AUTHORITY REGARDING EMERGENCY OPERATIONS IS SET FORTH IN NEWLY ADOPTED EMERGENCY OPERATIONS PLAN General Manager James Kelly stated that, in order to be eligible for post - disaster financial assistance from the State and FEMA, the District must have an Emergency Operations Plan that meets current regulatory requirements. Since the District's original plan was developed in 1995, it was time for an update. Safety & Risk Management Administrator Shari Deutsch has completed the update to meet all current requirements. Safety and Risk Management Administrator Shari Deutsch presented a report on the updated Emergency Operations Plan, including the definition of a local emergency. She highlighted the key differences between the old plan and the new plan, and explained the Board's role in an emergency. The Board is responsible for ratifying the proclamation of a local emergency within ten days; holding special Board Meetings as necessary during the disaster; and other roles such as public relations and liaison activities. It was moved by Member Nejedly and seconded by Member Hockett to adopt Resolution 2010 -089 approving the Emergency Operations Plan and rescinding and replacing Resolution 95 -077 and to adopt Resolution 2010 -090 rescinding and replacing Resolution 2009 -106 (General Manager authority) to clarify that General Manager authority regarding emergency operations is set forth in newly adopted Emergency Operations Plan. Motion passed by unanimous vote of the Board. ' 7. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 8. SUGGESTIONS FOR FUTURE AGENDA ITEMS None. 9. CLOSED SESSION The Board recessed at 2:50 p.m. to reconvene in the Caucus Room in closed session to confer with Legal Counsel regarding the following items: a. Personnel matters pursuant to Government Code Section 54957 — Performance Evaluations for General Manager, District Counsel, and Secretary of the District. b. Conference with Legal Counsel — Anticipated Litigation — significant exposure to litigation pursuant to Government Code Section 54956.9(b) — one potential case. I The Board recessed at 3:29 p.m. to reconvene in the Board Room in open session. Book 6 — Page 153 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of October 7, 2010 10. REPORT OUT OF CLOSED SESSION I None. 11. ADJOURNMENT There being no further business to come before the Board, President McGill adjourned the meeting at 3:30 p.m. /I/ Michael R. Mc70P K President of 6e Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: , Elaine CIVIC Secretary th6 Central Contra Costa =Sanitary'District; County of Contra Costa, %,State, of California Book 6 — Page 154