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HomeMy WebLinkAbout03.a. Approve minutes of meeting held February 21, 20133Q. MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON FEBRUARY 21, 2013 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, February 21, 2013. President Nejedly called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Causey, McGill, Pilecki, 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. CONSENT CALENDAR a. Approve expenditures dated February 21, 2013. Reviewed by Budget and Finance Committee. b. Authorize the General Manager to execute a revised agreement with Contra Costa Water District (CCWD) to continue to provide operation and maintenance services for the recycled water distribution system for one year with an option to extend the agreement for up to three one -year periods. Approval recommended by Enterprise Committee. C. Set March 21, 2013 at 2:00 p.m. as the date and time for a public hearing on adoption of a Negative Declaration for the proposed District Annexation 184 — Alamo and Danville. d. Set March 21, 2013 at 2:00 p.m. as the date and time for a public hearing for annual public review of Board Member compensation and benefits and to consider amending District Code Section 2.04.030, "Compensation of Board Members." Reviewed by Budget and Finance Committee. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of February 21, 2013 It was moved by Member Williams and seconded by Member Pilecki to adopt the Consent Calendar as recommended. Motion passed by unanimous vote of the Board. None. 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER , "q 5. BIDS AND AWARDS a. AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $165,000 TO FE CONTROLS CORPORATION, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR THE FIRE PROTECTION SYSTEM IMPROVEMENTS, DISTRICT PROJECT 7283; FIND THAT THE PROJECT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA); AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE THE CONTRACT DOCUMENTS SUBJECT TO SUBMITTAL REQUIREMENTS Provisional General Manager Curt Swanson explained that the District's existing fire protection system is comprised of many independent fire protection and alarm systems that have been installed over a 40 -year period. Many of the systems no longer meet the current fire code. This project will bring the Headquarters Office Building (HOB) up to current fire standards and address a variety of fire system issues located throughout the plant. Construction in HOB will be concurrent with the ongoing seismic improvements. On January 29, 2013, the District received one bid for the Fire Protection System Improvements, District Project 7283. The Engineer's Estimate was $185,000. Staff reviewed the bid and recommended awarding the project to the sole bidder, FE Controls Corporation, for $165,000. In response to a question from Member Williams, Provisional General Manager Curt Swanson said the highly specialized nature of the project may have contributed to the submission of only one bid. Member Nejedly noted that he voted against the seismic improvements, but was inclined to vote for this particular project because of its necessity. It was moved by Member McGill and seconded by Member Pilecki to find that the project is exempt from CEQA; to award a construction contract to FE Controls Corporation; and to authorize the General Manager to execute the contract documents as recommended. Motion passed by unanimous vote of the Board. 2 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of February 21, 2013 6. REPORTS a. GENERAL MANAGER 1) Pollution Prevention Report for 2012 and Pollution Prevention Plan for 2013 Provisional General Manager Curt Swanson stated that each February, as required by the National Pollutant Discharge Elimination System ( NPDES) permit, staff submits an annual report of the District's pollution prevention activities for the previous calendar year. Assistant Engineer Melody LaBella provided an update on the District's successful Pollution Prevention Program, including highlights from the 2012 Pollution Prevention Annual Report. She also reviewed the 2013 Pollution Prevention Plan, which includes continued tracking of all the same priority pollutants as last year's Plan and the addition of a new study to determine if a local discharge limit is needed for ammonia in order to assure the District meets the limitations in the NPDES permit. 2) Update on proposals for use of the Kiewit property Provisional General Manager Curt Swanson stated that on January 24, 2013, the Board conceptually endorsed three proposals for potential use of the District's 33 -acre Kiewit parcel, currently used as a buffer property adjacent to the Treatment Plant and located within Safety Zones 2 and 4 of nearby Buchanan Fields Airport. The three proposals conceptually endorsed by the Board were (1) the CoCo Sustainable Farm, (2) youth soccer fields for the Pleasant Hill Martinez Soccer Association (PHMSA), and (3) a commercial operation such as a clean fill /dirt quarry. As directed by the Board, staff has been working to further develop the proposals. Environmental Services Division Manager Danea Gemmell reviewed the written listing attached to her PowerPoint presentation covering each of the proposals and recent meetings with representatives of local airport agencies. With regard to the clean fill operation currently operated by County Quarry on the Kiewit property, Ms. Gemmell said that testing of soil samples did not reveal any evidence of contamination that would warrant further investigation. As a result, County Quarry was notified that final grading of the site could commence. It is anticipated that an erosion control seed mix for vegetation will be applied in mid March, after review by a biologist consultant to confirm that the mix will not attract wildlife and impact the airport. This will complete the requirements of County Quarry's current lease for the clean fill operation. Ms. Gemmell recapped recent communications with the Aviation Advisory Committee (AAC), the Airport Land Use Commission (ALUC) and Buchanan Airport Director Keith Freitas, among others, in an attempt to find out if the proposals would be viable if situated on the Kiewit property. She explained the origins of the February 13, 2013 letter from Robin Hunt, Manager of the San Francisco Airports District Office of the Federal Aviation Administration 3 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of February 21, 2013 (FAA), to Mr. Freitas (a copy was included with the agenda packet) which concluded with regard to both the farm and soccer proposals that: "The FAA advises against the proposed land uses because they will create an incompatible land use which will conflict with airport design standards, establish a wildlife attractant close to the airport, and may be a violation of FAR 139. The proposed uses will result in a potential hazard to aviation and an incompatible land use. In short, the potential to increase safety risks for aviation should be avoided." Ms. Gemmell subsequently spoke with Ms. Hunt and learned that the conclusions in her letter could be modified once a detailed project description was received. According to Ms. Hunt, farming in and of itself would not be an incompatible use, but what is farmed is of concern and the FAA would want to make sure that proper experts are engaged to assure that all airport regulations are met. Ms. Hunt also said they would need to know what amenities would be on the farm so that human density restrictions were not exceeded. In other words, the planned farm needs to be very clearly defined in order for the FAA to make a determination as to what might be compatible land use on the property. Ultimately, Ms. Gemmell said the County Planning Department would make the final decision on any land use permit, but the County will obtain feedback from the ALUC. Upon learning of the concerns of the AAC and the FAA, Ms. Gemmell said Frank Gorham withdrew the soccer fields proposal on behalf of the PHMSA. Ms. Gemmell summarized a meeting held earlier in the month with Carolyn Phinney and Bethallyn Black, the farm's proponents, to narrow down features of the farm proposal, all of which were set forth in her handout. She also reported that staff would be meeting on February 22, 2013 with a development engineering firm, Harris and Associates, to discuss a proposal for design assistance to submit a land use application. With regard to potential commercial uses of the site, Ms. Gemmell reported that County Quarry is not interested in pursuing another "clean fill" operation but may be interested in leasing the property for additional storage. Another potential use for the property might be as a construction staging area for a 15- to 20 -year highway improvement project involving the Highway 680/4 interchange. In conclusion, Ms. Gemmell said staff has been tracking all its time spent on preparing a plan to submit to the County. In response to a question from Member Williams as to the nature of the "plan" envisioned by staff, Ms. Gemmell said that, because of the environmental processes involved with any operation on the site, the plan would cover several possibilities, including a more detailed farm proposal, potential commercial uses based on results of a Request for Proposal, or a combination of both. 0 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of February 21, 2013 President Nejedly objected to staff doing any further work on the farm proposal without a clear indication from the County /airport officials as to whether a farm on the Kiewit site would be permissible. He said the letter from the FAA was straightforward that the farm proposal was an "incompatible land use," yet he continues to receive numerous emails from Dr. Phinney and others advocating for the farm on that site. He said he was confused by the conflicting information and, absent anything new from the County and airport officials, it appears that staff time is being wasted on something that may be moot. Member Williams concurred with President Nejedly, adding that the farm proposal is a good concept that has been approached from the wrong direction. The District Board has never received from the farm proponents a specific plan, a list of pros and cons related to the project, pertinent facts and figures, clearance from governing bodies, etc. Neither the advocates of the proposal nor the County /airport officials have the District's best interests in mind; the District Board is charged with that responsibility. He expressed frustration with the pressure to make a decision without a complete set of facts and agreed with President Nejedly that further staff efforts should cease at this time. Member McGill said that, while he agreed with President Nejedly and Member Williams' concerns, he suggested waiting for the results of a re- evaluation by airport officials before ceasing further work on the proposal. Dr. Phinney said she spoke with Keith Freitas, who indicated a willingness to take another look at the farm proposal now that the soccer proposal has been withdrawn. She also said the "incompatible land use" conclusions stated in Robin Hunt's letter stemmed primarily from an erroneous assumption that a zoning change would be necessary to accommodate the farm proposal. President Nejedly said a letter from airport officials sanctioning the farm proposal would be needed before he would be willing to move forward to consider the matter. Member Causey echoed the viewpoints of President Nejedly and Member Williams, noting that it is not possible for the Board Members to evaluate the project appropriately because they have yet to receive a written proposal. He expressed frustration from all the hearsay up to this point, which has done nothing to move the project forward. Wendy Kress, a friend and colleague of Dr. Phinney and an attorney, said she is a well - established fundraiser with connections to Governor Brown, Pixar Studios and the George Lucas Foundation, as well as a colleague who would do website design. Ms. Kress urged the Board not to give up on the proposal. Melody Lacey, a ratepayer from Martinez, collected close to 300 signatures at her church in support of the farm. She too urged the Board to make the project come to fruition, and offered to obtain additional signatures. 5 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of February 21, 2013 3) Announcements The following written announcements were included with the agenda packet: a) Recent promotion and retirement: 1) Robert Maroon was promoted to Shift Supervisor in the Treatment Plant effective February 8, 2013. 2) Ricardo Smith, Machinist, will retire effective February 22, 2013 after 15 years of service. b) Retired General Manager James Kelly to provide consulting services to Provisional General Manager Curt Swanson on an hourly, as needed basis. C) Right of Way Agent Lisa Robertson will attend the International Right of Way Association (IRWA) education conference in Charleston, West Virginia from June 23 -27, 2013. d) Status of the District's formal enforcement action against Caffe Classico Foods' manufacturing facility in North Concord. The following additional announcement was distributed at the meeting: e) District responds to Bay Area News Group Public Records Act request for detailed payroll information for 2012. The following announcement was made at the meeting by Provisional General Manager Curt Swanson: f) Provisional General Manager Curt Swanson will attend the California Association of Sanitation Agencies (CASA) Legislative Conference in Washington, D.C. from April 25 -27, 2013; Interim Plant Manager Doug Craig will be Acting General Manager in his absence. b. COUNSEL FOR THE DISTRICT District Counsel Kent Alm reported that the Settlement Agreement and General Release with former General Manager Ann Farrell has been executed and the time for reconsideration and /or revocation has passed. C. SECRETARY OF THE DISTRICT No reports. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of February 21, 2013 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 on the January 24, 2013 Annual Contra Costa USA 2013 lunch event which focused on innovation in the region and featured local speakers from national laboratories. He also reported on the January 28, 2013 chapter meeting of the Contra Costa Special Districts Association (CCSDA) and the February 13, 2013 forum of the Industrial Association of Contra Costa County (IACCC). Member McGill and President Nejedly reported on the February 11, 2013 Enterprise Committee meeting and the February 19, 2013 Budget and Finance Committee meeting and summarized the Action Summaries. The Board received the reports without comment. Member Pilecki Member Pilecki and Member Causey reported on the February 14, 2013 Capital Projects Committee meeting and summarized the Action Summary. In response to a question from Member McGill as to the Committee's suggestion that staff evaluate the criteria used to size future pipe renovations, Member Pilecki said the suggestion did not stem from capacity problems. Rather, the District's criteria have been very conservative, which can lead to oversizing of lines. By studying the practices of other agencies, it may be possible to relax the criteria in such a way that roughly $30 to $40 million of pipe renovation projects could be deferred and the funds redirected to other budgeted items. Member Williams Member Williams announced that he would be attending the California Association of Sanitation Agencies (CASA) Legislative Conference in Washington, D.C. next week. 2) Announcements Member McGill provided a written report covering Announcements and other meetings. 7 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of February 21, 2013 7. ADMINISTRATIVE a. AUTHORIZE THE SECRETARY OF THE DISTRICT TO PROVIDE PUBLIC NOTICE OF PROPOSED SEWER SERVICE CHARGE (SSC) INCREASES OF UP TO $34 FOR FISCAL YEAR 2013 -14, EFFECTIVE JULY 1, 2013, AND UP TO AN ADDITIONAL $34 FOR FISCAL YEAR 2014 -15, EFFECTIVE JULY 1, 2014 Provisional General Manager Curt Swanson referred to the proposed Proposition 218 notice included in the agenda packet, which calls for up to $34 increases to the SSC in each of the next two fiscal years. The actual amount of the increases will be determined by the Board at a scheduled public hearing, currently anticipated to take place on June 6, 2013. Notice of the public hearing must be completed by April 22, 2013 for a hearing on that date. He asked for comments from the Board with regard to the notice. Member Causey suggested several revisions to the wording for clarification purposes. It was moved by Member McGill and seconded by Member Williams to authorize the Secretary of the District to provide public notice, with revisions suggested by Member Causey, of proposed SSC increases of up to $34 for Fiscal Year 2013 -14, effective July 1, 2013, and up to an additional $34 for Fiscal Year 2014 -15, effective July 1, 2014. Motion passed by unanimous vote of the Board. 8. TREATMENT PLANT a. ACCEPT THE 2012 RECYCLED WATER QUALITY AND DISTRIBUTION ANNUAL REPORT. Provisional General Manager Curt Swanson stated that the District's 2012 Recycled Water Quality and Distribution Annual Report is due to the Regional Water Quality Control Board (RWQCB) on March 15, 2013. Associate Engineer Don Berger said the report includes all required elements, including recycled water quality, recycled water usage by customers, tabulation of annual customer site inspections, a summary of any violations, and a description of what is being done to increase the use of recycled water in the District's service area. In 2012, a total of 411 million gallons of recycled water was used at the District's Martinez site, and another 190 million gallons was used by customers, primarily for landscape purposes. The District is in compliance regarding water quality and customer site inspections, and there have been no customer complaints. The coming year will focus on the Concord Recycled Water Project, with over $1 million in State and federal grants. The project will just about double the District's number of recycled water customers. Diablo Valley College, a long -time user of the District's recycled water, will begin using recycled water for toilet and urinal flushing in several new buildings on the campus. The District has partnered with the Contra Costa Water District (CCWD) in terms of how to implement the Refinery Recycled Water Project. Currently, a feasibility study is underway and all remaining costs are being shared with the CCWD. A memorandum of agreement has been signed with None. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of February 21, 2013 East Bay Municipal Utility District (EBMUD) and the Diablo Country Club in Danville to explore the possibility of constructing a satellite recycled water treatment plant at the Country Club to irrigate its golf course. If that project were to move forward, the Country Club would fund both the capital and operating costs. In conclusion, Mr. Berger thanked the Board for its continued vision and support of the District's recycled water program. It was moved by Member McGill and seconded by Member Pilecki to accept the District's 2012 Recycled Water Quality and Distribution Annual Report. Motion passed by unanimous vote of the Board. 9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 10. SUGGESTIONS FOR FUTURE AGENDA ITEMS At Member Causey's suggestion, a report on open /vacant positions will be presented to the Human Resources Committee in the near future with a view toward potentially filling some positions with temporary employees until a new General Manager is appointed and has an opportunity to address management structure and related staffing issues. 11. CLOSED SESSION The Board recessed at 3:32 p.m. to reconvene in closed session in the Caucus Room regarding the following matters: a. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A): • Louis Pimentel v. Central Contra Costa Sanitary District, et al., Contra Costa County Superior Court No. C11- 01142. b. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A): • City of Brentwood et al. v. Robert Campbell, et al., Contra Costa County Superior Court Case No. N11 -1029. (Chevron Ad Valorem Tax Matter) The Board recessed at 3:59 p.m. to reconvene in the Board Room in open session. I] CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of February 21, 2013 12. REPORT OUT OF CLOSED SESSION District Counsel Kent Alm reported that, with regard to Item 11.a., the matter was settled in the amount of $25,000, which included a Medicare lien of $7,000. With regard to Item 11.b., Mr. Alm reported that the Board authorized participation in the appeal of the listed case. 13. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at 4:00 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, CMC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California 10