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HomeMy WebLinkAbout03.a.1) Approve minutes of January 26, 2012 Board MeetingMINUTES OF THE ./. Q • I SPECIAL MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JANUARY 26, 2012 The Board of Directors of the Central Contra Costa Sanitary District convened in a special meeting in the Board Room, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on Thursday, January 26, 2012. President Nejedly called the meeting to order and requested that the Secretary call roll. ROLL CALL PRESENT: Members: Hockett, McGill, Menesini, Williams, Nejedly 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. PRESENTATION OF 2011 CALIFORNIA WATER ENVIRONMENT ASSOCIATION SAN FRANCISCO BAY SECTION AWARDS BY TOM HENDREY, PRESIDENT • Plant Safety Award for Large Plant • Maintenance Person of the Year — Lee Sutherland, Mechanical Supervisor. General Manager James Kelly said the District recently won two awards from the San Francisco Bay Section of the California Water Environment Association (CWEA) for 2011. The first was the Plant Safety Award for Large Plant (76 or more employees); the second was for Mechanical Technician of the Year, which was awarded to Maintenance Supervisor Lee Sutherland. Both awards will be nominated to the statewide CWEA. He introduced Tom Hendrey, President of San Francisco Bay Section of the CWEA, who presented the awards to Board President Nejedly and Maintenance Supervisor Lee Sutherland, respectively. Director of Plant Operations Margaret Orr introduced members of the Plant CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of January 26, 2012 Operations Department Safety Team, chaired by Mr. Sutherland, thanking them for a job well done and adding that the treatment plant had no serious accidents in 2011. 4. CONSENT CALENDAR It was moved by Member McGill and seconded by Member Nejedly to adopt the Consent Calendar as recommended. Motion passed by unanimous vote of the Board. a. Approve expenditures dated January 26, 2012. Reviewed by Budget and Finance Committee. b. Adopt Resolution No. 2012 -006 authorizing execution of a quitclaim deed to W. Thomas Amen and Donna M. Amen for a sewer easement on property located at 1056 Hacienda Drive in Walnut Creek, Job 1558, and authorize staff to record documents with the Contra Costa County Recorder. C. Authorize medical leave of absence without pay for Alma Hachey from January 18 through June 30, 2012. 5. PUBLIC HEARINGS Item 5.a. was taken out of order. a. CONDUCT PUBLIC HEARING TO CONSIDER APPROVAL OF THE ST. MARY'S ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2011 -1 DISTRICT PROJECT 6513, FOR LAFAYETTE SEWER IMPROVEMENTS; CONSIDER ADOPTING THE FOLLOWING RESOLUTIONS: (1) RESOLUTION 2012 -007 OVERRULING PROTESTS; (2) RESOLUTION 2012 -008 APPROVING THE ENGINEER'S REPORT, ASSESSMENT AND ORDERING IMPROVEMENT; AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH PARCEL OWNERS IN CONJUNCTION WITH SAID CAD General Manager James Kelly said that on May 17, 2011, the Board initiated formation of St. Mary's Road Contractual Assessment District (CAD) No. 2011 -1 along a portion of St. Mary's Road in Lafayette. In November of last year, staff prepared an Engineer's Report providing project cost estimates and has met several times with the affected property owners. Following completion of the required Proposition 218 balloting and 45 -day public review period, staff is now ready to request that the Board approve the Engineer's Report, the CAD and an agreement with participants. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of January 26, 2012 Engineering Assistant III Russ Leavitt presented the CAD boundary map and other project details, including the results of the Proposition 218 ballot tabulation. Affirmative votes from a majority of ballots cast are necessary if the CAD is to be formed. The owners of 12 of the 17 properties cast ballots, seven of which were affirmative. He said staff recommended that the public hearing be conducted and that the Board approve formation of the CAD. The public hearing was opened. President Nejedly called upon Shaun Bishop, who resides at 737 St. Mary's Road and spoke on behalf of those neighbors in support of the proposed CAD. Mr. Bishop said that while many of the residents support the CAD, the cost per participant is very high, especially given the difficult economic climate. He said if the amount was more reasonable, and could be financed at a lower rate, he believed more of the residents would agree to participate. Mr. Bishop urged the District to cover the non - participant costs up front, as has been done with some other CADS, in order to keep costs down for those property owners wishing to participate. The public hearing was closed without further comment. Following discussion, it was moved by Member McGill and seconded by Member Williams to adopt Resolution 2012 -007 overruling protests to the proposed St. Mary's Road CAD No. 2011 -1, District Project 6513, for sewer improvements in Lafayette, and Resolution 2012 -008 approving the Engineer's Report, assessment and ordering improvement; and authorize the General Manager to execute an agreement with parcel owners in conjunction with said CAD. Motion passed by unanimous vote of the Board. In the event that fewer than the required number of parcel owners execute contracts for construction of the St. Mary's Road CAD, Mr. Leavitt asked if the Board Members were interested in considering having the District cover the cost of non - participants, noting that another possibility would be to re -draw the CAD boundaries. President Nejedly said he would prefer to know participation levels before deciding anything further. He suggested that the City of Lafayette, one of the property owners that would benefit from the CAD, send a letter to the affected property owners encouraging participation. General Manager James Kelly noted that if the District were to cover non - participant costs, the issue of prevailing wages should be reviewed. It was the consensus of the Board to wait until participation levels are known before considering either District financing for non- participants or redrawing the CAD boundaries. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of January 26, 2012 6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Three items were considered out of order: Items 8.a. and 5.a., respectively, for members of the public who were present, and Item 10.a. at the request of District Counsel. 7. REPORTS a. GENERAL MANAGER 1) Title V Annual Report General Manager James Kelly said the District's 2011 Title V Clean Air Act Annual Report was ready for submission to the Bay Area Air Quality Management District. During 2011, the District was in full compliance with no permit violations. A copy Title V Annual Report was included with the agenda packet. The Board received the report without comment. 2) Update re National Pollutant Discharge Elimination System ( NPDES) Permit renewal General Manager James Kelly summarized recent activity with respect to the NPDES permit renewal process, stating that staff has been working with members of Bay Area Clean Water Agencies ( BACWA) and the San Francisco Regional Water Quality Control Board (RWQCB) to address a condition put forth by one of the lead commenters on the District's tentative permit order. The State and Federal Contractors Water Agency ( SFCWA) has expressed concern that ammonia is a significant problem in the Delta. Staff has countered that it is too soon to determine the severity of the issue, that determination cannot be made until the results of the further nutrient studies are available, which could take as long as four or five years. Staff has been communicating with lead scientists in the field to help define the scope of studies needed to address the concerns of the SFCWA and to work out an agreement with other agencies for collaborative studies. One of the key areas of study has to do with algae - eating organisms called copepods. The SFCWA has pledged approximately $400,000 to expand the scope of the studies and has asked the District to match the amount. Mr. Kelly said there appears to be general agreement of what needs to be done prior to the February 8, 2012 meeting with the RWQCB. Nonetheless, the SFCWA may appeal the tentative permit order before the March 10 appeal deadline. General Manager James Kelly recapped contributions by various agencies to fund ongoing studies with regard to the ammonium issue. BACWA has CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of January 26, 2012 pledged to contribute approximately $350,000 over an 18 -month period with the expectation that additional funds will be needed after the 18- month period. Last year, the District spent over $200,000 for the first round of the Suisun Bay studies, and another $200,000 per year has been committed for this year and next. The $400,000 requested by the SFCWA would be on top of that. General Manager James Kelly said that while the RWQCB could compel the District and others to conduct studies if they believe ammonium is harming the Delta food web, staff deems it prudent to move forward on a cooperative and proactive basis rather than by mandate. He recommended that the Board allow staff to continue to proceed with further discussions on that basis, which involves sound science and a peer review process to identify and minimize stressors on the Delta and other Bay waters, with the proviso that if the discussion moves substantially from that outlined above, he will seek further Board authorization prior to proceeding. General Manager James Kelly indicated that the District has been an industry leader in terms of the pre- treatment process, and more recently has taken a lead role in sampling the Suisun Bay. This is going to become increasingly important given the regulatory climate. Upon discussion, it was the consensus of the Board members to follow the approach outlined above by Mr. Kelly. 3) Announcements The following written announcements were included with the agenda packet: a) 2012 General Manager Annual Group Talks b) San Ramon City Council Approves New Household Hazardous Waste Collection Facility Agreement b. COUNSEL FOR THE DISTRICT No reports. C. SECRETARY OF THE DISTRICT No reports. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of January 26, 2012 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 Hockett Member Hockett reported on her attendance at the January 18, 2012 California Association of Sanitation Agencies (CASA) Mid -Year Conference and Executive Board meeting in Palm Desert. ember McGill Member McGill reported on his attendance at the January 18, 2012 California Association of Sanitation Agencies (CASA) Mid -Year Conference in Palm Desert. He also reported on the January 23, 2012 Contra Costa Special Districts Association (CCSDA) Chapter Meeting. Member Williams Member Williams reported on the January 23, 2012 Budget and Finance Committee meeting which was also attended by Member Nejedly. He summarized the Action Summary and the Board received the report without comment. 2) Announcements Member McGill provided a written report covering Announcements. Member McGill stated that the seat he currently holds as the Special District Representative on the Local Area Formation Commission (LAFCO) is up for reelection. He requested that the matter of nominating him for re- election be agendized for the February 2, 2012 Board meeting. Member McGill also noted that the Board Members had recently received an informational memorandum from staff containing material recently provided by the Contra Costa County Employees' Retirement Association (CCCERA) regarding its Asset Smoothing and Market Stabilization Account. He requested that an item be added to a future agenda to provide an expanded explanation of the five -year smoothing method used by CCCERA. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of January 26, 2012 8. ENGINEERING Item 8.a. was taken out of order. a. CONSIDER PREVIOUS REQUEST BY JAMES R. HUNT, PRESIDENT OF WALDEN DISTRICT IMPROVEMENT ASSOCIATION TO ALLOW TREES TO REMAIN WITHIN DISTRICT EASEMENTS ALONG THE IRON HORSE CORRIDOR Principal Engineer and Provisional Environmental Services Division Manager Jarred Miyamoto -Mills said that in 1985, when Contra Costa County purchased the former Southern Pacific Railroad right -of -way between San Ramon and Concord to develop the Iron Horse Corridor (IHC), the District paid $5.4 million to obtain exclusive subsurface and non - exclusive surface easements for existing and future interceptor sewers and recycled water pipelines. Along this easement, the Collection System Master Plan projects that at some point in the future an A -line Relief Intercepter will be required to convey wet weather flows between Ygnacio Valley Road and Monument Boulevard. Also, a parallel interceptor will be needed in this alignment to allow diversion of flow from the existing A -Line when repair or renovation is needed. He presented a map illustrating where these future interceptors will be installed. Mr. Miyamoto -Mills stated that on a number of recent occasions, property owner groups have approached staff for permission to maintain existing trees or plant new landscaping within the District's easement areas. Since 1985, the District and the County have cooperated to maintain a consistent and clear policy of not permitting trees in the District's easements along the IHC. Therefore, he said staff has denied these requests. He noted, however, that mature trees along the edge of the easements have been allowed to remain. The Walden District Improvement Association (WDIA) has asked that the Board grant an exception for roughly 30 volunteer trees in the IHC near their neighborhood in Walnut Creek. Dr. James Hunt, president of the WDIA, said that the IHC is a unique resource for utilities, alternative transportation and recreation. As a former railroad right -of -way, it was by necessity barren; however, with the acquisition by the County, the IHC is reverting back to its natural state. Residents and citizen groups have been active in encouraging this restoration to provide shade, privacy and a more natural experience. A number of volunteer oak trees have sprouted along the IHC in or near the WDIA. Residents have been caring for them by watering and surrounding them with cages, but the County has asked that they be removed because they are on the District's easements. Dr. Hunt said the IHC has become a linear park, transit way and utility corridor. With the transition of the corridor into new uses, conflicts have arisen that require a rethinking of priorities and policies. It was in the spirit of this CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of January 26, 2012 "rethinking" that he was appealing to the Board on behalf of the WDIA to reconsider its policy on tree removal. Mr. Miyamoto -Mills said that if additional trees are allowed to grow in the easements, removal for future maintenance access or A -Line Relief Interceptor construction could be problematic or costly. It is for this reason that staff recommends denial of WDIA's request. A lengthy discussion took place during which it was noted that the A -Line Relief Interceptor will not be installed for at least ten years. Also discussed were the levels of maintenance required for the A -Line and parallel interceptors and whether the A -Line will be installed through open cutting or tunneling processes. President Nejedly stated that while he sympathized with Dr. Hunt's request, he must vote to deny his request because when the District does need to access the area for either maintenance or installing new pipe, the equipment is very large and the area must be clear. Member Menesini agreed, stating that the District's sewaging needs must have first priority. It was moved by Member Menesini and seconded by Member Nejedly to deny the request of the WDIA to allow trees to remain within District easements along the IHC. Motion passed by the following vote of the Board: AYES: Members: Hockett, McGill, Menesini, Williams, Nejedly NOES: Members: None ABSENT: Members: None President Nejedly thanked Dr. Hunt for his presentation, adding that the trees would have to be removed at such time as the District needs access. 9. TREATMENT PLANT a. ACCEPT THE 2011 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM REPORT General Manager James Kelly stated that the District's 2011 National Pollutant Discharge Elimination System (NPDES) Annual Report was ready for submission to the California Regional Water Quality Control Board. He introduced Director of Plant Operations Margaret Orr who presented a report to the Board highlighting the annual performance of the treatment plant. Ms. Orr presented a series of slides indicating that the plant treated 14.8 billion gallons of water in 2011. The average daily flow was 39.5 million gallons versus 40.6 the previous year. In 2011, the peak hourly flow was at the level of 111 million gallons per day. In terms of ash disposal, 3,900 tons (wet weight) were CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of January 26, 2012 disposed of for use as soil amendment, approximately the same amount as in 2010. Once again, Ms. Orr said congratulations were due to Laboratory team for having completed over 15,000 analyses in 2011. She introduced Provisional Laboratory Superintendent Mary Lou Esparza, who has taken over for recently retired Bhupinder Dhaliwal. In 2011, the plant was 100 percent compliant with its NPDES permit for the 14th year in a row; as a result, the District will be receiving the National Association of Clean Water Agencies (NACWA) Platinum 14 Peak Performance Award. She provided information on concentrations of various metals and other compounds, noting the dramatic success of the dental amalgam program in terms of reducing influent and effluent mercury concentration. Looking ahead, Ms. Orr said the District's NPDES permit expires March 31, 2012 and negotiations are underway for a new permit. She said this has been another very good year for the plant and, with the Board's concurrence, she would send the report to the Regional Water Quality Control Board. It was the consensus of the Board to accept the District's 2011 NPDES Report. 10. CLOSED SESSION The Board recessed at 4:16 p.m. to reconvene in the Caucus Room in closed session to confer with Legal Counsel regarding the following matters: Item 10.a. was taken out of order. a. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION — INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE 54956.9(c) 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) CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of January 26, 2012 • Management Group The Board recessed at 5:15 p.m. to reconvene in the Board Room in open session. None. 11. REPORT OUT OF CLOSED SESSION 12. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at 5:15 p.m. James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CIVIC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California 10