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HomeMy WebLinkAboutBOARD MINUTES 12-02-10MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON DECEMBER 2, 2010 The Board of Directors of the Central Contra Costa Sanitary District convened in a regular meeting in the Board Room, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on Thursday, December 2, 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 The Board and staff joined in the Pledge of Allegiance. 2. PUBLIC COMMENTS There were no public comments. 3. AWARDS AND COMMENDATIONS GOVERNMENTS Assistant Engineer Melody LaBella presented information on the Contra Costa Green Business Program, stating that the District has been a partner in the Contra Costa Green Business Program and has helped to green - certify other businesses for 12 years. The District's CSO Vehicle Maintenance Facility was green- certified in 2002. Earlier this year, all the Imhoff Place facilities and the treatment plant became green- certified. On March 30, 2010, the District joined a handful of wastewater agencies in the Bay Area in getting green business certification for its treatment plant complex. She presented two certificates to the Board: the certificate from the Contra Costa Green Business Program, and a commendation from the Association of Bay Area Governments, which is the Book 6 — Page 182 CENTRAL CONTRA COSTA SANITARYDISTRICT Board Minutes of December 2, 2010 umbrella organization that coordinates the efforts of all Bay Area County Green Business Programs. 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 December 2, 2010. Reviewed by Budget and Finance Committee. b. Receive October 2010 Financial Statements and Investment Reports. Reviewed by Budget and Finance Committee. C. Approve the Comprehensive Annual Financial Report as of June 30, 2010 for submission to the Government Finance Officers Association. Reviewed by Budget and Finance Committee. d. Approve minutes of November 4, 2010 Board meeting. 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER I None. 6. REPORTS a. GENERAL MANAGER 1) Update on Collection System Operations Facility District Project 8208 Senior Engineer Alex Rozul presented the Board with the regular construction progress update on the Collection System Operation Facility project. Mr. Rozul provided information concerning the construction schedule, payment status and preparation for winterizing the site. He showed photographs of the project reflecting recent progress. In response to a question from Member Nejedly regarding a wall that was out of plumb, he responded that no time was lost and to date Bobo Construction has not requested payment for correcting the problem or a time extension. 2) Announcements a) General Manager James Kelly announced that staff recently met with ' Executive Officer Bruce Wolfe of the Regional Water Quality Control Board (RWQCB) and two of his staff members. The purpose of the meeting was Book 6 — Page 183 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of December 2, 2010 to discuss the 2012 District National Pollutant Discharge Elimination ' System ( NPDES) permit renewal and the RWQCB's Suisun Bay Nutrient Study. At this time, RWQCB staff anticipates the NPDES permit renewal to be routine. The Suisun Bay Nutrient Study was funded solely by the RWQCB last year. This year it will be jointly funded by the RWQCB and the State Water Contractors (SWC). The SWC are funding an algae toxicity study in Suisun Bay. Staff expressed concern about the SWC involvement and the lack of transparency of how the SWC became involved. Staff also suggested that the RWQCB expand the team to include the District and /or Bay Area Clean Water Agencies (BACWA). District/BACWA funds for the Suisun Bay Nutrient Study would expand to include the effect of water export and provide balance to the study. Next year staff hopes to have the study included in the Regional Monitoring Program (RMP). The RMP monitors contamination in the Estuary. It provides water quality regulators with information they need to manage the Estuary effectively. The RMP is an innovative collaborative effort between the RWQCB and the regulated discharger community. The RMP would be the natural choice in leading a science study that could drive permit decisions such as nutrient removal. In the coming years, District support of the RMP will be even more critical given the potential impact of the regulations on the rate payers' cost to construct and operate nutrient removal systems. b) General Manager James Kelly announced that since 1995 the District has maintained a contract with Solar Turbines for the maintenance of the Cogeneration System. The Cogeneration System is used to produce nearly all the electrical power for plant operations. Heat generated from the unit is captured as steam and used to power the aeration blowers that provide oxygen to the microbes in the biological treatment process. This contract covers the entire power - generating package. The contract with Solar Turbines expired on December 1, 2010. The existing agreement with Solar Turbines has been extended for 90 days to ensure uninterrupted mechanical maintenance support of the Cogeneration System while a new contract is being negotiated. c) General Manager James Kelly announced that the United States Environmental Protection Agency (USEPA) released proposed new standards for Multiple Hearth Furnaces on October 14, 2010. On October 29, 2010, the District commented on those standards in Research Triangle Park, North Carolina. Written comments on the proposed new standards were due November 29, 2010 and the District forwarded comments. Major highlights of District concerns with the new regulation are as follows: Book 6 — Page 184 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of December 2, 2010 1) The District noted that since USEPA has emissions data from only ' 105 SSI units out of the 218 units, there is insufficient emissions data to legally calculate the new emission limits. 2) The District's actual mercury mass emissions were only 56.6% of the mercury mass emission estimated by USEPA. 3) USEPA is proposing a mercury emission limit lower than presently required by Section 129 standards. This lower mercury emission limit is not cost effective and is therefore not authorized under Section 129. The District provided information that the cost to treat mercury to the very low levels suggested in the proposed regulation is approximately $335,000 per pound of mercury removed, far above the $6,150 per pound of mercury removed as stated in the proposed regulation. Thus, the nationwide cost could be over $1 billion per year, not the $105 million suggested in the proposed regulation. Therefore, the USEPA's cost -to- benefit ratio is unjustifiable. 4) The District indicated that source control efforts were much more cost effective than emission controls at the furnace stack. The Household Hazardous Waste (HHW) program and the Dental ' Amalgam program have reduced the amount of mercury in the plant influent by 70% since 2004. The cost of the HHW program is approximately $639 per pound of mercury removed and the cost of the Dental Amalgam program is approximately $8,918 per pound of mercury removed. In comparison, the approximate cost of mercury removed via emission control is $335,000 per pound. The District stated that source control is a better mechanism for mercury removal. 5) USEPA did not consider the full impact of sewage sludge incinerators that will be shut down because of the new rules. This includes the loss of waste -to- energy programs, increased use of limited landfill space, and increased greenhouse gas emissions from sludge hauling to landfills. 6) USEPA made too many errors during the development of the rule for the proposed rule to be valid under the Section 129 requirements. In closing, the District acknowledged that USEPA is under court order to promulgate emission standards under Section 7429 by January 16, 2011. Even so, USEPA should not use this deadline to ' justify the use of insufficient emission data, flawed emission calculations, and incorrect economic analysis in determining limits. Book 6 — Page 185 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of December 2, 2010 The District strongly urged USEPA to request an extension of the court ordered deadline so the details and issues in the comment I letter could be addressed. d) General Manager James Kelly announced that the Employees Activity Organization (EAO) holiday luncheon will be held at Back Forty located at 100 Coggins Drive in Pleasant Hill on December 10, 2010 from 12:30 p.m. to 2:30 p.m. RSVP's are due by Friday, December 3, 2010. e) General Manager James Kelly announced that staff met with the Regional Water Quality Control Board (RWQCB) on Wednesday, December 1, 2010 to discuss the proposed Suisun Bay Phytoplankton /Ammonia work plan. The work plan has been approved by the State Board and will proceed Spring 2011. The RWQCB has limited funds but indicated that it would expand the number of sample sites and analyses ran upon District request and willingness to fund the additions. The cost of District participation is within staffs authority and the District plans to participate. In addition, State Water Contractors (SWC) is planning to do a Phytoplankton Toxicity Study in Suisun Bay in collaboration with the RWQCB. The RWQCB invited the District to join the collaboration. Staff is pursuing joining collaborative efforts; at this point the level of effort and cost are not known but it is expected to be within staff authority. The Board ' will be notified when further information is available. f) General Manager James Kelly announced that State Controller, John Chiang, has announced that his office will now require independent special districts to begin reporting compensation information for District officials and staff. The information will be submitted based on job title and not employee name. The District's information is due by Monday, December 13, 2010. b. COUNSEL FOR THE DISTRICT No reports. C. SECRETARY OF THE DISTRICT Secretary of the District Elaine Boehme announced the upcoming Outreach Committee meeting, Capital Projects Committee meeting, Board Ethics Training, and EAO Holiday Party. BOARD MEMBERS 1) Board Member reports on recent meetings for which they received the stipend; I and meetings or conferences for which the District paid their expenses; future Book 6 — Page 186 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of December 2, 2010 meetings or conferences for which they will receive the stipend or for which the ' District will pay their expenses Member Neiedlv Member Nejedly and Member Hockett reported on the November 29, 2010 Budget and Finance Committee meeting and summarized the Action Summary. The Board received the report without comments. 2) Announcements a) President McGill provided a written report covering Announcements. 7. CLOSED SESSION The Board recessed at 2:16 p.m. to reconvene in closed session in the Caucus Room regarding the following matter: a. Conference with labor negotiators pursuant to Government Code Section 54957.6 District Negotiators General Manager James Kelly; Director of Administration Randall ' Musgraves; and Secretary of the District Elaine Boehme. Employee Organizations Employees' Association, Public Employees' Union, Local One; CCCSD Management Support/Confidential Group (MS /CG); and CCCSD Management Group. The Board reconvened at 2:33 p.m. in open session in the Board Room. District Labor Counsel Dan Clinton reported that, during the Closed Session, the Board decided not to provide direction to labor negotiators. 8. ADMINISTRATIVE a. CONSIDERATION OF THE FOLLOWING MATTERS REGARDING THE CONTRA COSTA COUNTY EMPLOYEES' RETIREMENT ASSOCIATION (CCCERA 1) Update on most recent CCCERA Board meeting General Manager James Kelly stated that an informational memo on the November 23, 2010 CCCERA Board meeting was included in the Board packet. Director of Administration Randall Musgraves stated that staff has raised the issue of seeking direction from the Board regarding retroactive depooling to ' December 31, 2002. He stated that the Board may provide direction to staff today or wait until the meeting on December 16, 2010. Book 6 —Page 187 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of December 2, 2010 Mr. Kelly recommended waiting until December 16 as staff is expecting a legal I memorandum for the Board's consideration at that time. 2) Consider directing staff to request termination calculation from CCCERA General Manager James Kelly stated that at the November 18, 2010 Board meeting Member Nejedly had requested that a Position Paper be submitted for Board action regarding the process or steps required to terminate the District's participation in CCCERA. A Position Paper outlining the six steps necessary to effectuate such an action was presented to the Board members in their Board packets for this meeting. Member Nejedly stated that it is apparent that CCCERA held its Board meeting and instructed The Segal Company to provide the District with the requested depooling information. Director of Administration Randall Musgraves stated that the target date to receive the depooling information is December 5, but no later than December 10. Staff will report back to the board on December 16. Member Nejedly noted that it is expected to cost between $50,000 and $100,000 to obtain the termination calculation from CCCERA. He stated that he wished to temporarily pull this matter off this agenda and requested an update on CCCERA at the December 16, 2010 Board meeting. I 9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 10. SUGGESTIONS FOR FUTURE AGENDA ITEMS None. 11. ADMINISTRATIVE MATTERS FOLLOWING NOVEMBER 2 2010 CONSOLIDATED ELECTION a. ADOPT RESOLUTION 2010 -104 ACCEPTING THE NOVEMBER 2 2010 CONSOLIDATED ELECTION RESULTS It was moved by Member Hockett and seconded by Member Lucey to adopt Resolution 2010 -104 declaring the election results, as required by Elections Code Section 15400. Motion passed by unanimous vote of the Board. Book 6 — Page 188 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of December 2, 2010 b. APPOINT PRESIDENT AND PRESIDENT PRO TEM FOR ONE -YEAR TERMS COMMENCING JANUARY 1, 2011 President McGill asked why this item was scheduled for action before the newly - elected Board Members were sworn in and seated. Acting District Counsel Rich Pio Roda responded that, according to the District Code, the selection of the President and Pro Tern occurs on the first meeting in December. The new Board Members take office at noon on the first Friday in December, which this year happens to occur after the first Board meeting. However, he noted that District Code Section 1.24.010 also allows the Board to vote to suspend the provisions of the District Code in special circumstances and continue the matter to a later meeting. It was moved by Member Hockett and seconded by Member Menesini to temporarily suspend the provisions of the District Code and to continue the matter to December 16, 2010, to allow the new Board Member Williams to be seated. Motion passed, by tlie: following vote of the Board: AYES: Members: Hockett, Lucey, Menesini, McGill NOES: Members: Nejedly ABSTAIN: Members: None ' Subsequently Member Lucey asked that his vote be changed to a No vote: Tfieretbeing• '' 1 no objection, the motion passed by the following vote of the Board: AYES: Members: Hockett, Menesini, McGill NOES: Members: Nejedly, Lucey ABSTAIN: Members: None C. ADOPT RESOLUTION 2010 -105 IN RECOGNITION OF OUTGOING BOARD MEMBER GERALD R. LUCEY It was moved by Member Nejedly and seconded by Member Hockett to adopt Resolution 2010 -105 commending outgoing Member Lucey on his service to the District. Motion passed by unanimous vote of the Board. Board Members thanked Member Lucey for his commitment to the District over the past thirteen years. d. ADMINISTER OATH OF OFFICE TO NEWLY- ELECTED BOARD MEMBERS MICHAEL R. MCGILL AND DAVID R. WILLIAMS Secretary of the District Elaine Boehme administered the Oath of Office to Board Members Michael R. McGill and David R. Williams, who then signed their respective Certificates of Election. Book 6 — Page 189 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of December 2, 2010 12. ADJOURNMENT There being no further business to come before the Board, President McGill adjourned the meeting at 2:47 p.m. to a Reception in the Multi Purpose Room to welcome newly - elected Board Members Michael R. McGill and David R. Williams. I t�k z /4 arbara D. Hocke President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: �E , Ic ai -ne R..Boehme, CMC acretar of the.Central Contra Costa :nitary District. County of Contra Costa, ate QT" :(alifo r Book 6 — Page 190