HomeMy WebLinkAboutBOARD MINUTES 12-08-11MINUTES OF THE SPECIAL MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD ON DECEMBER 8, 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, December 8, 2011.
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
None.
The Board and staff joined in the Pledge of Allegiance.
2. PUBLIC COMMENTS
3. APPOINTMENT OF NEW PRESIDENT AND PRESIDENT PRO TEM FOR 2012
It was moved by President Hockett and seconded by Member McGill to appoint President Pro
Tern Nejedly as President for a one -year term commencing January 1, 2012. Motion passed by
the following vote of the Board:
AYES: Members: McGill, Menesini, Williams, Hockett
NOES: Members: None
ABSTAIN: Members: Nejedly
It was moved by President Hockett and seconded by Member McGill to appoint Member
Williams as President Pro Tern for a one -year term commencing January 1, 2012. Motion
passed by unanimous vote of the Board.
4. CONSENT CALENDAR
It was moved by Member McGill and seconded by Member Williams to adopt the Consent
Calendar as recommended. Motion passed by unanimous vote of the Board.
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a. Approve minutes of the following Board meetings:
1)
October 20, 2011;
2)
October 31, 2011; and
3)
November 3, 2011.
b. Approve expenditures dated December 8, 2011. Reviewed by Budget and
Finance Committee.
C. Receive October 2011 Financial Statements and Investment Reports. Reviewed
by Budget and Finance Committee.
d. Approve Comprehensive Annual Financial Report (CAFR) as of June 30, 2011 for
submission to the Government Finance Officers Association. Recommended by
Budget and Finance Committee.
e. Adopt Resolution 2011 -062 approving a real property agreement with Stefan R.
Jibodh and Sonya Sultan -Khan Jibodh, 51 San Gregorio Court, Danville, APN
196- 600 -001 to allow improvements on the property within a District easement;
find that the project is exempt from California Environmental Quality Act (CEQA);
and authorize staff to record documents with the Contra Costa County Recorder.
5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
Item 7.b. and Closed Session Item 11.a. were taken out of order.
6. REPORTS
a. GENERAL MANAGER
1) Update on Contra Costa County Employees' Retirement Association (CCCERA).
General Manager James Kelly referred the Board to the written report in the
packet.
2) Announcements
The following written announcements were included with the agenda packet:
a) Recent Staff Promotions — Michelle Tarantino, Jennifer Muir, Kim Stahl
b) Passing of Former Board Member Parke Boneysteele on November 11
c) Excellent Customer Service by Household Hazardous Waste (HHW) Staff
Member Charles McPherson
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d) Complimentary Letter Received About a Recent Sewer Repair
The following additional written announcements were made at the meeting:
e) Employee Association Organization (EAO) Holiday Luncheon on
December 9, 2011
f) United States Environmental Protection Agency (EPA) Inspection
Scheduled for December 12, 2011
g) Mark Wenslawski Attendance at Training from December 7 -8, 2011 in
Las Vegas, Nevada
h) Easement at 1973 Dora Ave in Walnut Creek (Williams Property), part of
Walnut Creek Sewer Renovations, Phase 6, District Project 5972
i) Status of the City of San Ramon Household Hazardous Waste (HHW)
Services Agreement
j) Minor Explosion at Underhill Road in Orinda during Construction of the
South Orinda, Phase 5, Sewer Renovations
k) East Bay Municipal Utility (EBMUD) District Employee Benefits Statement
I) Draft Letter from Regional Water Quality Control Board (RWQCB)
Received
General Manager James Kelly announced that a draft 13267 letter was
received from the RWQCB, requesting that the District perform studies
on Suisun Bay as part of the National Pollutant Discharge Elimination
System (NPDES) permit process. Following the meeting to be held at the
RWQCB on December 9, information will be brought to the Board at the
December 15, 2011 meeting.
m) Staff Meeting with Permit Counter Auditor
Deputy General Manager /Director of Engineering Ann Farrell announced
that Bartle Wells Associates has been hired to respond to a member of the
public's request for a review of the District's policies and procedures for
applying fees at the permit counter. She stated that Bartle Wells is well
known for assisting public agencies with fees, rates and charges, and staff
had their initial meeting with them this morning. Next, Bartle Wells will
meet with the workgroup. Results of their review will be brought to the
Board for their information when complete.
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n) Collection System Operations Department (CSOD) Facility Open House
Delayed until Spring 2012
In response to a question from Member McGill, Ms. Farrell stated that the
Open House has been postponed to Spring 2012 due to concerns about
inclement weather.
b. COUNSEL FOR THE DISTRICT
No reports.
C. SECRETARY OF THE DISTRICT
No reports.
=�.
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 on the November 29, 2011 Contra Costa Council Lunch
with State Senator Mark DeSaulnier in Pleasant Hill; the November 29 through
December 2, 2011 California Public Employers Labor Relations Association
(CALPELRA) Annual Conference in Monterey; the December 6, 2011 Horizon
Leadership Series of the East Bay welcoming State Senator Lois Wolk to
Pleasant Hill and Martinez; and the December 6, 2011 Contra Costa Council
reception for State Senator Lois Wolk and Assemblywoman Susan Bonilla
welcoming them to their new districts.
Member McGill and President Hockett reported on the December 6, 2011 Capital
Projects Committee meeting and summarized the Action Summary. The Board
received the report without comments.
Member Nejedly
Member Nejedly and President Hockett reported on the November 28, 2011
Budget and Finance Committee meeting and summarized the Action Summary.
The Board received the report without comments.
President Hockett
President Hockett reported on the November 29 through December 2, 2011
CALPELRA Annual Conference in Monterey.
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2) Announcements
a) Member McGill provided a written report covering Announcements.
Member McGill also commended staff on the most recent edition of
Pipeline.
7. ENGINEERING
a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PROFESSIONAL
ENGINEERING SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED
$220,000 WITH CAROLLO ENGINEERS FOR DESIGN OF THE CONCORD
LANDSCAPE PROJECT, DISTRICT PROJECT 7299• AND APPROVE A
SUPPLEMENTAL AUTHORIZATION OF $4,000,000 FOR THE RECYCLED WATER
PROGRAM OF THE FISCAL YEAR 2011 -12 CAPITAL IMPROVEMENT BUDGET
C( IB).
This item was reviewed and recommended for Board approval by the Recycled Water
Committee at its November 15, 2011 meeting.
Member Williams requested that his following series of questions and staff's answers be
included in the record for clarification of certain comments and assumptions he has
made in past meetings with regard to the District's recycled water program.
Member Williams stated his understanding that, under the Urban Water Management
Planning Act (UWMPA), Contra Costa Water District (CCWD) is the responsible agency
for providing water supply, including recycled water, in the area to be served by the
Concord Landscape Project. General Manager James Kelly responded that he believed
that information to be correct.
Member Williams then asked, since CCWD is responsible, if they are contributing to this
$4 million project. General Manager James Kelly responded that they are only
contributing flow meters, which Member Williams clarified are the existing old flow
meters, which the District may or may not use.
Member Williams inquired whether CCWD currently recycles any water or has plans to
collect funds from its 450,000 customers for implementation of recycled water projects.
General Manager James Kelly stated that, to his knowledge, CCWD does not recycle
water, has no plans to recycle water and is not collecting money for recycled water.
Member Williams posed another question with regard to the District's $30 million per
year capital budget, the uncertainty of costs associated with meeting future regulations
and significant unfunded pension liability. He asked, if the District does not spend
$2,873,000 of ratepayers' money on this project, if there are other infrastructure renewal
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projects that could be constructed now instead of later, or if other uses for this money
exist. General Manager James Kelly responded in the affirmative.
Member Williams subsequently asked if, to staff's knowledge, the $1,127,000 of grant
money could be allocated to other recycled water projects in the Bay Area. General
Manager James Kelly stated that he did not know if that would be possible.
Member Williams noted his understanding that the project will lose money for District
ratepayers until it breaks even 15 years in the future. He asked if the District routinely
seeks and constructs projects with such a long payback period. General Manager
James Kelly answered that the District does not use that as a criterion for connecting
new recycled water customers. The District seeks rapid payback on energy- efficiency
projects; however, most of the District's projects are to replace infrastructure with very
long lifecycles, so payback period is not a criterion.
Member Williams summarized that, based on staff's responses, the District is not
responsible for water supply and is not required to construct the Concord Landscape
Project; arguably, the project should be rightfully paid for by customers of CCWD; and
the District has other projects that could be constructed if this project was put on hold
until CCWD needed to fund the project to meet the total water demand of their
customers. He also presumed that the grant funds could be used elsewhere.
Member Williams recognized that recycling water generates goodwill with the RWQCB,
who looks favorably upon such programs, and diminishes the pollutant load into
Suisun Bay. However, the small size of the Concord Landscape Project would have a
negligible impact on meeting any District permit limits or reducing pollutant discharges
into the Bay.
Member Williams asked staff to name specific benefits to the District's ratepayers that
would justify the Board spending $2,873,000 on the project and result in comparable
benefits to spending the same amount on a sewer or treatment plant project, for which
the District is clearly responsible and has identified in its capital plan. General Manager
James Kelly stated that he did not have a direct response, but that recycled water is part
of the District's history and was not part of the original design and part of the grant -
funded 5A project. The District has multiple priorities, including compliance, water
discharge into Suisun Bay, air record, reducing overflows and responding to regulatory
bodies and ratepayers in a balanced way.
Member Williams inquired if a ratepayer survey has been performed to ascertain
whether they are aware they are paying for recycling water when others should be, and if
they would like to proceed in doing so. General Manager James Kelly answered that the
District has not conducted a survey for that particular purpose.
Member Williams concluded that recycling is the right thing to do, but the District has
other right things to do. In his opinion, recycling water is on the lower priority of such
responsibilities, such as compliance with regulations and unfunded pension liability.
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Member McGill referred to the adopted minutes of the November 3, 2011 Strategic
Planning Workshop, specifically the portion posting recycled water as the Board's
number two priority overall. He quoted the following:
Most [Board Members] felt that the Board should support efforts at
policy level, with legislature, water agency, community and media
to attack waste of this resource, with information such as the
current daily dumping of this resource into Suisun Bay. They want
the District to be seen as a leader of recycled water policy.
Member McGill also added that, if the District did not move forward at this point, after all
the efforts made with elected officials, the District's credibility would be very much lost.
It was moved by Member McGill and seconded by Member Nejedly to authorize the
General Manager to execute a professional engineering services agreement in an
amount not to exceed $220,000 with Carollo Engineers for design of the Concord
Landscape Project, District Project 7299; and approve a supplemental authorization of
$4,000,000 for the Recycled Water Program of the Fiscal Year 2011 -12 Capital
Improvement Budget (CIB). Motion passed by the following vote of the Board:
AYES: Members: McGill, Nejedly, Menesini, Hockett
NOES: Members: Williams
ABSTAIN: Members: None
b. CONSIDER WHICH PROPERTIES TO INCLUDE IN THE FINAL ENVIRONMENTAL
IMPACT REPORT (EIR) FOR THE ALHAMBRA VALLEY OUTSIDE URBAN LIMIT LINE
(ULL) ANNEXATION, DISTRICT ANNEXATION 168C.
This item was considered after Item 4.
General Manager James Kelly stated that before issuing the Final EIR on the District
Annexation 168C, the Board has the opportunity to revise the project description.
District Counsel Kent Alm advised that staff proceed with its report; the Board receive
comments from members of the public; hold the scheduled closed session to address
the District's legal exposure; reconvene and take action.
Engineering Assistant III Russ Leavitt stated that the current project description
proposes annexation of nine properties in the Alhambra Valley outside the ULL, all of
which are adjacent to an existing public main sewer or would only require a limited sewer
extension to be served. Three of the nine properties ( #1, #2 and #8) currently have
Local Agency Formation Commission ( LAFCO)- approved Out -of- Agency Service
Agreements (OASA), whereby LAFCO has allowed the District to serve the properties
pending actual annexation.
Objections received in the Draft EIR comments included that the project is contrary to
the County General Plan ULL Policy; there were insufficient details and environmental
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analyses of future development on undeveloped properties; the project defers mitigation
of environmental impacts to other agencies; and extending sewer service would induce
unwanted growth in the area.
Mr. Leavitt explained that Property #9 is in a unique situation, in that it changed
ownership after the Draft EIR public review, and the new owners asked via letter to be
excluded from the annexation, as they purchased the land for the specific purpose of
prohibiting the property's development. Additionally, two recent letters from other
Alhambra Valley property owners have been received, advocating removal of all
properties except #1, #2 and #8.
Mr. Hal Olson, 22 Wanda Way, spoke on behalf of the Alhambra Valley Improvement
Association to urge the Board to annex the properties with existing homes, but not the
vacant lots.
Mr. Kon Andronis, 148 Gordon Way, owner of Properties #4 and #5, totaling 15 acres off
Gordon Way, stated that he has been awaiting this decision since 2008. He noted that it
would be extremely unfair not to include his properties in the annexation.
Mr. Jim Hein, 1442 Linton Terrace, and owner of Property #3, 44 acres, stated that he
has lived in Martinez for 53 years. He stated his plan to build one house per each five
acres, in accordance with the applicable zoning, and that it would make no sense to
have to install septic tanks when the sewer is so close. He appreciated the sentiments
of those wanting to preserve the current environment but stated that he did not
understand the rationale of those against sewers. He reasoned that sewers will not
affect the number of houses built, only the presence of septic tanks. He stated that the
properties should not be excluded only because the ULL was moved.
Mr. Ted Radosevich, who noted for the record his position as General Counsel for East
Bay Regional Park District (EBMUD), represented himself as the owner of 135 Gordon
Way. He strongly objected to the proposal and stated his long -term commitment to the
neighborhood. He reiterated the issues in his comment letter, first stating that the project
is outside the ULL, a voter - approved initiative, and his hope that the Board would
recognize the action of the voters. Second, he stated that significant environmental
impacts on the adjacent Muir property have not been addressed. Third, he stated that
undeveloped properties need to stay undeveloped and comply with the law. Fourth, he
cited the County's opposition to the project. While he conceded that it would be
appropriate to serve those with OASAs, he believed that expanding to undeveloped
property is beyond what the Board should do and what is legally required.
Member McGill stated that he would not support proceeding with the final EIR, at least at
the moment, if there are unaddressed comments. Mr. Alm agreed it would be better to
address the issues in the draft EIR stage. Member McGill also noted for the record that
he is a Commissioner at LAFCO.
Mr. Tom Leatherman, a National Parks Service Employee from the John Muir National
Historic Site, reiterated comments made in the National Parks Service's letter
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commenting on the draft EIR. He questioned why impacts on the park were not
discussed and the fact that the EIR classes the park as "agricultural land." He offered
that the National Parks Service would be willing to work with the District to identify
potential impacts. He stated that the north boundary is under his agency's jurisdiction,
and the east half of the Park Service's land which abuts Property #3 is a private property
that will be under their management in 2016.
Mr. Frank Hall, 3 Millican Court and the third owner of Property #7, stated that he bought
his property and home in 1987. He requested that his property be included in the
annexation and that he looks forward to having sewer service.
Following the public's comments, the Board, with the exception of Member Nejedly who
chose not to attend, adjourned to hold Closed Session Item 11.a., in order for Counsel
and staff to brief the Board with regard to legal exposure in taking the available actions:
1. Proceed with all the properties included in the Draft EIR for DA 168C.
2. Remove only Property #9 (formerly Rolandelli) from DA 168C, per the request
of the new property owners.
3. Remove Property #9 (formerly Rolandelli), per the request of the new property
owners, and Property #3 (Hein), in consideration of the letters of opposition
received.
4. Remove all currently undeveloped properties (that is, Properties #3, #4, #5, #6
and #9), so that development approvals occur prior to annexation.
5. Remove all properties other than those with OASAs approved by LAFCO,
leaving only Properties #1, #2, and #8 in DA 168.
Following the Board reconvening in open session, it was moved by President Hockett to
select option 2 set forth in the Position Paper: to remove only Property #9 (formerly
Rolandelli) from DA 168C, per the request of the new property owners.
Member Nejedly stated his original inclination to include all of the properties and remove
the islands. He supported property owners' right to do as they please with their
properties, as long as the actions are within County, LAFCO and ULL regulations. He
stated that the District's job is to provide sewer services, not be pro growth. He noted
that it would be a travesty for Mr. Hein to put houses on his property and have to install
septic tanks, and recalled the people living in the same area, who requested sewer
service from the District after their septic tanks failed.
Member Nejedly expressed his sympathy for those against development but stated his
intent to do what is right and the District's intent to do what is legally right, despite
exposure to litigation. He stated that he would not be opposed to removing Property #9,
though he would rather include it to avoid the existence of islands. He stated his opinion
that, while the owner of Property A has bought Property #9, he did not think it was fair for
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the owner to control sewer options for the next buyer. He stated that he would prefer to
include it, as there would be no harm in doing so. He stated that the District has done
right in removing people from septic tanks. He encouraged that, in the spirit of the
Alhambra Valley community, everyone work together to do what is right for the
community and address everyone's concerns via the CEQA process.
Member McGill stated that he would support the removal of Property #9, since it is
contiguous to a group of other parcels still in an island outside the ULL that would not be
annexed. He stated that he was prepared to second the original motion made previously
by President Hockett, with a friendly amendment directing staff to address the comments
raised and re- circulate the EIR.
Member Williams noted that the District is a sewer service provider, not a land use
planner, and has a responsibility to ensure the CEQA process is performed correctly,
which is addressed by the original motion. He added that the ULL is a land use planning
artifact, not a sewer service artifact, and is not part of the District's jurisdiction. He stated
that the District has had a request to provide service; the pipes are present; and if the
EIR is defensible, he would support the motion.
Member Menesini suggested that the District go back to the drawing board to look at all
dimensions of the problem. He noted that no comments were received from the City of
Martinez, who stands to inherit the Board's decision, and suggested the District return to
the matter with input from more agencies to provide a more concise and considerate
plan for the future. He stressed his main points: not to mismanage the future and to be
able to defend the District's decisions and intent to facilitate the City's ability to make
planning decisions that are logical and not harmful.
Motion and amendment passed by unanimous vote of the Board.
8. TREATMENT PLANT
a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PROFESSIONAL
CONSULTING SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED $90,000
WITH LARRY WALKER AND ASSOCIATES FOR ASSISTANCE WITH THE NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES) PERMIT TENTATIVE
ORDER.
General Manager James Kelly stated that the District's NPDES Permit received
extensive comments via two letters received by the Regional Board. Technical
assistance is needed to develop detailed comments to respond to those letters.
It was moved by Member Williams and seconded by Member Nejedly to authorize the
General Manager to execute a professional consulting services agreement in an amount
not to exceed $90,000 with Larry Walker and Associates for assistance with the NPDES
Permit Tentative Order. Motion passed by unanimous vote of the Board.
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9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None.
None.
10. SUGGESTIONS FOR FUTURE AGENDA ITEMS
11. CLOSED SESSION
The Board, with the exception of Member Nejedly, who abstained from participating, recessed
at 3:00 p.m. to reconvene in closed session in the Caucus Room regarding Item 11.a.
a. Conference with legal counsel - anticipated litigation - significant exposure to litigation
pursuant to Government Code Section 54956.9(8) — one potential case.
b. Conference with labor negotiators pursuant to Government Code Section 54957.6:
District Negotiators:
• Labor Negotiation and Benefits Counsel Edward L. Kreisberg, Esq.
• General Manager James Kelly
• Deputy General Manager /Director of Engineering Ann Farrell
• Director of Administration Randall Musgraves
• Human Resources Manager Christopher Ko
• Secretary of the District Elaine Boehme
Employee Organizations:
• Employees' Association, Public Employees Union, Local One
• Management Support/Confidential Group (MS /CG)
• Management Group
Closed Session regarding Item 11.b. was not held.
The Board recessed at 3:28 p.m. to reconvene in the Board Room in open session.
12. REPORT OUT OF CLOSED SESSION
District Counsel Kent Alm reported that no reportable action was taken in closed session.
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13. ADJOURNMENT
There being no further business to come before the Board, President Hockett adjourned the
meeting at 4:07 p.m. in memory of Mr. Parke Boneysteele, former Board Member, who spent
forty great years serving the District and passed away on November 11, 2011.
J m es A. Nejedly
resident of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
laihe R. Boehme, CIVIC
Secretary of the ,District
Central Contra Costa Sanitary District
County of Contra Costa, State of California
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