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HomeMy WebLinkAbout03.b. Minutes of 1-20-11 meeting3.6. MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JANUARY 20, 2011 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, January 20, 2010. President Hockett called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members:. McGill, Menesini, Nejedly, Williams, Hockett 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 a. ACCEPT BEST EMPLOYER OF THE YEAR AWARD FROM INTERNATIONAL RIGHT OF WAY SERVICES General Manager James Kelly introduced Senior Right of Way Agent Kathleen West, who currently serves as chapter 2 Vice President of the local International Right of Way Association (IRWA), to present the Employer of the Year award to the Board. The award recognizes associate companies that actively support their employees as IRWA members by demonstrating strong employee support and commitment at chapter, regional and international levels of the association in terms of participation, financing, time allowance, facilities and services. General Manager James Kelly noted that participation in the IRWA has proven very beneficial in terms of addressing the District's right of way needs. 4. CONSENT CALENDAR It was moved by Member Nejedly and seconded by Member Menesini to adopt the consent Calendar as recommended. Motion passed by unanimous vote of the Board. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of January 20, 2411 a. Approve expenditures dated January 20, 2011. Reviewed by Budget and Finance Committee. b. Approve minutes of December 22, 2010 Board meeting. C. Adopt Resolution 2011 -004 accepting a grant of easement from Richard C. Linden and Jeanie Y. Linden, property owners, Zander Drive, Orinda (District Project 925 — Parcel 1), and authorize staff to record the documents with the Contra Costa County Recorder. d. Adopt a resolution of application, Resolution 2011 -005, (1) requesting that Contra Costa Local Agency Formation Commission (LAFCO) initiate proceedings to annex to the District nine separate areas in Alamo designated as District Annexation 180, (2) finding that the annexation of each property in Annexation Areas 180 -1 through 180 -9 (inclusive) is exempt from CEQA, and (3) rescinding Resolution 2010 -028 (District Annexation 180). With regard to item 4.c., District Counsel Kent Alm announced that the Board previously had held a closed session during which staff was authorized to enter into an agreement authorizing a contribution of up to $50,000 to aid in the property owners' repair of a landslide behind their property. This matter was not announced earlier because there is no requirement to do so until the agreement was signed by all parties. The agreement has since been finalized. 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 0. REPORTS a. GENERAL MANAGER 1) Update on Collection System Operations Facility, District Project 8208 Senior Engineer Alex Rozul showed photographs of the collection System Operations Facility project reflecting recent construction progress. The metal sub - framing on the first and second floors as well as the exterior has been installed, the architectural steel for the exterior sun shades has been erected, the roof is being completed, and the interior electrical plumbing, HVAC and sprinkler systems are being installed. 2) Status report on Senate Bill 27, Elimination of Pension Spiking General Manager James Kelly stated that on December 0, 2010 Senator Simitian introduced SB 27 proposing the elimination of pension spiking in California for CENTRAL CONTRA COSTA SANITARY DISTRICT Board !Minutes of January 20, 2011 3) public employees. In summary, it is the replacement of AB 1987 and SB 1425 that were vetoed by Governor Schwarzenegger. Staff will continue to monitor and report legislative activity regarding public retirement pension plans and pension spiking to the Board. In response to a question from Member Williams, Mr. Kelly said the District does not routinely take positions on legislative bills. Announcements a) Melody LaBella Recognized by SWEA San Francisco Bay Section General Manager James Kelly announced that Assistant Engineer Melody LaBella was named Pretreatment, Pollution Prevention, and Stormwater Person of the Year by the. San Francisco Bay Section of the California Water Environment Association (CWEA). The award was given at the 01 st Annual Awards and Installation Banquet in Walnut creek on January 7, 2011. Ms. LaBella was recognized for her contribution to the District's Pollution Prevention Program as well as her leadership and contribution to the Bay Area Pollution Prevention Group of the Bay Area Clean Water Agencies. b) St. Mary's Road CAD CommunitvMeeting General Manager James Kelly announced that a community meeting to discuss -the possible formation of a contractual assessment district on St. Mary's Road in Lafayette will be held at 7:30 p.m. on Wednesday, January 25, 2011, at the Lafayette Community Center cedar Room located at 500 St. Mary's Road. The project would involve properties along the portion of St. Mary's Road, between Burton Vista Road and Glenside Drive, including the City of Lafayette ball fields. c) Attendance of District Staff at Out -of -State Training General Manager James Kelly announced that Associate Engineer Gail Chesler will be attending a treatment process model training in Scottsdale, Arizona, on February 7 and 8, 2011. The treatment process model, known as "BioWin," will be used to evaluate different treatment processes and sludge handling scenarios for the Treatment Plant Master Plan. The Master Plan effort will be completed over the next one to two years. Ms. Chesler is the Project Manager for the Treatment Plant Master Plan Project. The cost of this training will be covered by the 2010 -11 Engineering Department training budget. d) Delta Discovery Voyage Invitation General Manager James Kelly announced that the Marine Science Institute, which operates the Delta Discovery Voyage Program (of which CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of January 20, 2011 the District is a major sponsor), will hold its annual donor appreciation voyage on the SS Brownlee on the afternoon of Saturday, February 12, 2011, from 1:30 p.m. to 3:30 p.m. official invitations will be forthcoming. e) Bay Area Consortium of Water and Wastewater Education General Manager James Kelly announced that since the Fall of 2007, the District has participated in the Bay Area Consortium of Water and Wastewater Education (BACWWE). BACWWE is sponsored by 19 different water and wastewater agencies in the Bay Area. Sponsorship fees for each agency are based on the flow treated by that agency. For the District, the fee is $6,000 per semester and is shown in the expenditures this week. BACWWE provides Water/Wastewater operator Training through Solano Community College. Courses are taught at various participating agencies by instructors from the industry. The District has acted as the registrar for the program as well as providing facilities for some of the classes. There have. been eight semesters of classes offered to date for a total of 35 classes. Class size has averaged 20 students per class. Twenty -one District employees have participated as students. Since the beginning of the program, ten District BACWWE. students have been promoted and the District has hired four BACWWE students as Plant Operators. As you are aware, there is an industry shortage of operating personnel and this program is helping to fill that gap. The total cost of the BACWWE program to date is $400,000, of which the District has provided $49,200 ($6,000 per semester plus $1,200 to cover shared cost of additional classes). fl CASA Washington, D.C. Conference Travel General Manager James Kelly announced that President Hackett, Director of Engineering Ann Farrell and he will travel to Washington D.C. to participate in the California Association of Sanitation Agencies (CASA) Federal Legislative Conference from Sunday, March 13 to Wednesday, March 16, 2011. They will hear from members of Congress and the Environmental Protection Agency (EPA) on issues relevant to CASA, and proposed legislation and regulations that could affect the District. g) CalTrans Property Leased by the District General Manager James Kelly announced that the District leases property from CalTrans located next to the triangular parcel owned by the District. This allows the District to control the property located behind the Household Hazardous Waste facility. The lease was for a five -year term ending October 31, 2010. He said staff has requested another five -year lease with the same terms and conditions, lease rate and 30 -day termination clause. The annual rental is $2,400. CalTrans notified staff 4 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of January 24, 2011 yesterday, Wednesday evening, that the lease is ready for signing. Staff would like to sign the lease and the amount is within staff authority. It is staff's understanding that signing the lease and controlling that area is consistent with past and current Board direction. If the Board offers no objection, he said staff will sign the lease Friday morning. h) EPA Sewage Sludge Incinerator Regulations (Section 129) General Manager James Kelly announced that he had just received word that the EPA was denied a requested six -month extension for publication of the final sewage sludge incinerator regulations. Instead, the court granted a one -month extension to February 21, 2011. Thus, the EPA will have minimal ability to respond to the District's previous comments on the proposed regulations. Staff should know by the next Board meeting what its options are in terms of potential litigation in protest of the final regulations. b. COUNSEL FOR THE DISTRICT No reports. C. SECRETARY OF THE DISTRICT No reports. d. BOARD MEMBERS 1) Board Member reports on recent meetings for which they received the stipend; and meetings or conferences for which the District paid their expenses; future meetings or conferences for which they will receive the stipend or for which the District will pay their expenses Member McGill Member McGill reported that he had participated in yesterday's recognition event put on by the Pleasant Hill Recreation & Park District to turn on the new recycled water sprinklers at the park for the first time. He said the Park District is very appreciative because it will guarantee water during droughts. Member Nejedly_ Member Nejedly and President Hockett reported on the January 19, 2011 Budget and Finance Committee meeting and summarized the Action Summary. With regard to .the Board's December 27, 2010 letter to the Contra costa county Retirement Association (CCCERA), to which no response has been received, Member Nejedly said that he and President Hockett believe a follow -up letter CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of January 24, 2011 2) should be sent asking CCCERA when a response may be expected. He said the letter should be sent soon, absent any objection from the Board members. The Board received the report without comment or objection. President Hockett President Hockett reported on the recent Executive Board meetings of CASA stating that a lot of ground was covered on such topics as the strategic plan, revamping the CASA website, filling a board vacancy, climate change, biosolids, federal and state legislation, and the development of a scholarship program to entice students to become engineers and environmentalists. Appoint voting delegate /alternate delegate for LAFCO election President Hockett noted that there are seven candidates running to fill the Local Agency Formation Commission (LAFCO) vacancy and LAFCO has asked each special district to notify them of their respective voting delegate and alternate voting delegate.. Unless otherwise delegated, it is the Board President. President Hockett said she would be attending the LAFCO election meeting and will cast the District's vote. Since Member Williams is the District's representative to the Contra Costa Chapter of the California Special Districts Association, and since he will be in attendance at the meeting, she suggested naming him the alternate voting delegate. It was moved by Member McGill and seconded by Member Menesini to designate Member Williams as the alternate voting delegate for the LAFCO election.. Motion passed by the following vote of the Board: AYES: Members: McGill, Menesini, Williams, Hockett NOES: Members: Nejedly ABSTAIN: Members: None 3) Provide direction to voting dele ate regarding the District's vote for a candidate to fill the existing vacancy for the Special Districts representative for LAFCO President Hockett called for a motion and vote on the candidate for which she should cast the District's vote. Member Nejedly moved that the vote be cast for nominee Leonard Battaglia, Director of the West County Wastewater District. The motion died for lack of a second. It was moved by Member Menesini and seconded by Member Williams that the vote be cast for nominee and fellow Board Member McGill. Motion passed by the following vote of the Board: AYES: Members: McGill, Menesini, Williams, Hockett NOES: Members: Nejedly ABSTAIN: Members: None In response to a question from Member Williams, General Manager James Kelly explained the LAFCO voting process, indicating there is a high probability for a s CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of January 20, 2011 subsequent run -off vote at the meeting. In that eventuality, the Board discussed how best to instruct the voting delegate and alternate delegate to cast the District's vote. Member Williams moved that the District's voting delegate and alternate delegate, after hearing the qualifications of each candidate at the LAFCO meeting, be authorized to cast any necessary subsequent vote using their discretion. Member McGill seconded the motion. Motion passed by the following vote of the Board: AYES Members: McGill, Menesini, Williams, Hackett NOES: Members: Nejedly ABSTAI N: Members: None 4) Announcements a) Member McGill provided a written report covering Announcements. 7. ADMINISTRATIVE a. REPORT ON MOST RECENT CCCERA BOARD MEETING General Manager James Kelly stated that staff provided the Board with a copy of the January 12, 2011 CCCERA Board meeting agenda and relevant attachments in the agenda packet. He called upon Director of Administration Randall Musgraves who reported that at its meeting, the CCCERA Board directed staff to respond to the District's letter and to the Moraga- Orinda Fire District's letter. No response date was provided. The CCCERA Board also adopted the 2000 contribution rates, which include retroactive de- pooling to December 31, 2002. In addition, the CCCERA Board expressed concern with the length of time its actuary had sought to develop employee and employer contribution rates for employees or members hired after January 1, 2011. The CCCERA Board asked staff and the actuary to propose a solution that more accurately charges employees and employers within a significantly shorter time period. Finally, the CCCERA Board agreed to continue its past practice regarding active death and disability processes; CCCERA's.legal counsel reviewed the matter and determined that CCCERA's processes were consistent with current law and the intent of the law. OPTION FOR THE DE- POOLING FINANCIAL IMPACT TO THE DISTRICT. CONSIDER RESPONSE TO CCCERA'S PROPOSED THREE -YEAR PHASE -IN General Manager James Kelly stated that the impact to the District of the CCCERA Board's decision to de -pool at the employer level retroactive to December 31, 2002, translates into an increase of approximately $20 million in the District's Unfunded Actuarial Accrued Liability. CCCERA has offered to phase in the impact over a three - year period, thereby reducing the implementation burden on the District while increasing the total cost by approximately $1.5 million. The District must notify CCCERA by February S, 2011 of the District's position. Staff recommends the Board decline the CENTRAL CONTRA COSTA SANITARY DISTRICT Board !Minutes of January 20, 2011 phase -in offer due to the increased cost of approximately $1.5 million and the negative impact to the District's Annual Financial Statements. General Manager James Kelly said a proposed letter responding to the offer was included with the agenda packet along with the letter from CCCERA. The Budget and Finance committee reviewed the letter at its January 18 meeting and concurred with staffs recommendation. After a brief discussion, it was moved by Member Nejedly and seconded by Member Williams to direct staff to provide a written response to CCCERA stating that (1) the District has put forth several questions and concerns to CCCERA regarding de- pooling and is waiting to receive answers prior to taking a position on the retroactive de- pooling, and (2) the District does not select to phase in to the Unfunded Actuarial Accrued Liability payment for de- pooling. Motion passed by unanimous vote of the Board. 8. TREATMENT PLANT a. ACCEPT THE. 2010 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM . General Manager James Kelly stated that the District's National Pollutant Discharge Elimination System (NPDES) Annual Report is due on February 1, 2011; he introduced Margaret Orr, Director of Plant Operations, to present a report to the Board and highlight the annual performance of the plant. Ms. Orr presented slides indicating that the plant treated 14.8 billion gallons of water in 2010 versus 14.1 billion gallons in 2009. The average daily flow was 40.8 million gallons versus 38.0 the previous year, and the average dry weather flow was 30.9 million gallons as opposed to 32.5 m i Ilion gallons last year. In 2010, the peak flow was at the level of 105 million gallons per day; peak flow plant capacity is 240 million gallons per day. In terms of ash disposal, 3,900 tons (wet weight) were disposed of for use as soil amendment. Ms. Orr said congratulations were due to Laboratory Superintendant Bhupinder Dhaliwal and his team for having completed over 15,000 analyses in 2010. The plant was 100 percent compliant with its NPDES permit and Ms. Orr reported that for the 13 year in a row the District will be receiving the National Association of Clean Water Agencies (NACWA) Platinum 13 Peak Performance Award. With regard to mercury concentration, Ms. Orr said the dental amalgam program and the Household Hazardous Waste program have dramatically driven down the numbers for both influent and effluent mercury concentration since the mid 1990s. Looking ahead, Ms. Orr said the District's permit expires March 31, 2012, with the renewal application due September 30, 2011. As part of this process, the District faces challenges in several areas: obtaining a site specific copper level in the District's !NPDES permit, dealing with proposed . regulations regarding toxicity, selenium and PCB levels, and improvements to remove ammonia from treated wastewater. Ms. Orr said this has been a very good year. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of January 20, 2011 for the plant and, with the Board's concurrence, she will send this report to the Regional Water Quality Control Board (RWQCB). In response a question from Member McGill, General Manger James Kelly said the basic concept of the NPDES permit is to protect the beneficial use of the water body. Based upon what is known, the RWOCB sets standards with the long -term goal of bringing the water body back to full beneficial use. Thus, the NPDES permit levels are unique to the permittee's discharge body and, in some cases, discharge location. Member Williams asked which of the challenges specified by Ms. Orr as significant for the upcoming permit negotiation is considered to be the most pressing. Ms. Orr said the toxicity regulations are problematic because of the high propensity for false positives. In terms of plant operation, Member Menesini asked what Ms. Orr viewed as the most significant near -term challenges. She said that impending employee retirements and succession planning are key concerns, as are the new federal laws affecting incinerators. In conclusion, Ms. Orr acknowledged Plant Operations Division Manager Randy Grieb and his phenomenal staff for another violation --free year and for all of his efforts leading the team. It was moved by Member Menesini and seconded by Member Williams to accept the District's National Pollution Discharge Elimination System (NPDES) Annual Report. Motion passed by unanimous vote of the Board. 9. ADJOURNMENT There being no further business to come before the Board, President Hockett adjourned the meeting at 2:55 p.m. 9