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HomeMy WebLinkAbout03.b. Minutes of 9-16-10 Board MeetingCENTRAL CONTRA COSTA SANITARY DISTRICT 3 0 h . Board Minutes of September 16, 2010 MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON SEPTEMBER 16, 2010 The Board of Directors of the Central Contra Costa Sanitary District convened in a regular meeting at their regular place of business, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on Thursday, September 16, 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 Board and staff joined in the Pledge of Allegiance. 2. PUBLIC COMMENTS There were no public comments. 3. CONSENT CALENDAR It was moved by Member Hockett and seconded by Member Menesini to adopt the Consent Calendar as recommended. Motion passed by,unanimous vote of the Board. a. Approve expenditures dated September 16, 2010. Reviewed by Budget and Finance Committee. b. Receive July 2010 Financial Statements and Investment Reports. Reviewed by Budget and Finance Committee. C. Confirm that there are no changes to Exhibit A, Designated Positions and Disclosure Categories of the District Conflict of Interest Code, in accordance with the biennial update requested by Contra Costa County. d. Adopt Resolution 2010 -087 accepting a grant of easement from Perrin and Sarah J. Howell, in Walnut Creek, and authorize staff to record documents with the Contra Costa County Recorder (District Project 5974 — Parcel 1). CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of September 16, 2010 e. Rescind the setting of the public hearing approved on September 2, 2010 for October 7, 2010 to receive comments on the District Annexation 168C — Alhambra Valley Final Environmental Impact Report (EIR). 4. PUBLIC HEARINGS a. CONDUCT A PUBLIC HEARING AND CONSIDER ADOPTING A RESOLUTION APPROVING A NEGATIVE DECLARATION AND CCCSD DISTRICT ANNEXATION 175 - ORINDA AND LAFAYETTE (DA 175) General Manager James Kelly stated that staff prepared and circulated a draft Negative Declaration documenting that District Annexation 175, including 106 properties in Orinda, most in the El Toyonal septic tank moratorium area, and one property in Lafayette, will have no significant environmental impacts. It is the District's practice to conduct a public hearing to receive public comments prior to considering approval of a Negative Declaration. Provisional Environmental Services Division Manager Jarred Miyamoto -Mills presented a brief staff report, stating that District Annexation 175 is comprised of 106 properties in ten areas in Orinda, and one property in one area in Lafayette. Of the 107 properties, 10 are connected to the public sewer, 59 are single - family homes on septic tanks, 33 are vacant lots, and 5 are government or utility parcels. The public review period was held August 2- August 31, 2010. Three comment letters were received, none of which required changes to the Negative Declaration. The public hearing was opened and closed without comments. It was moved by Member Nejedly and seconded by Member Menesini to adopt Resolution 2010 -088 approving a Negative Declaration and CCCSD District Annexation 175 - Orinda and Lafayette (DA 175). Motion passed by unanimous vote of the Board. 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 6. REPORTS a. GENERAL MANAGER 1) Receive report on September 8, 2010 Contra Costa County Employees' Retirement Association (CCCERA) Board meeting, and provide direction to staff if desired. Director of Administration Randy Musgraves referred to his memorandum in the Board binder and summarized the CCCERA Board meeting of September 8, 2010 regarding depooling. He stated that staff is concerned about the allocation of assets and the recalculation of the CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of September 16, 2010 District's liabilities, which may cause a $1.3 million increase in the District's annual payments. He stated that John Bartel, the District's actuary, is examining the calculations. He stated that staff will be looking at how CCCERA proposes to address spiking, and how retroactive allocations are assessed. Member Lucey noted that removal of spiking for retirement calculations could potentially adversely affect three - quarters of District employees, which could trigger a lot of retirements. General Manager James Kelly stated that the Board will be kept informed as new information becomes available. 2) Receive the Household Hazardous Waste Annual Report for Fiscal Year 2009- 2010 This report was reviewed by the Household Hazardous Waste Committee. General Manager James Kelly reported that the HHW Program has been in operation for 13 years and is an important element of the District's pollution prevention program. Household Hazardous Waste Supervisor David Wyatt presented the 2009/10 annual Household Hazardous Waste report, noting that the pharmaceutical collection program has completed its first year. There are eleven sites, and over 10,000 pounds of pharmaceuticals have been collected to date. The HHW facility is also now open on Mondays, and has averaged 65 cars per day on those days. There has also been a decrease in illegal dumping of household hazardous waste at the facility since the Monday openings. He presented highlights of the past fiscal year, including that 26,434 households were served during the past fiscal year at a cost of $76 per car. Approximately 1,925,636 pounds of waste were collected and 390,660 pounds of reusable products were given away. A temporary collection event in San Ramon attracted 464 cars. The small business program served 178 businesses: an increase of 30 businesses over the prior fiscal year. Upcoming projects for the next fiscal year include consideration of a sharps collection program, the bidding out of the waste services contract, and consideration of the potential impact of the Paint Bill (AB 1343). 3) Announcements a) General Manager James Kelly announced that Board Member Jerry Lucey will officially retire from the Board on December 3, 2010. A retirement celebration will be held on Wednesday, December 1, 2010, at Jack's Restaurant and Bar (formerly The Left Bank Restaurant) located at 60 Crescent Drive in Pleasant Hill. b) General Manager James Kelly announced that Senior Plant Operator Chris Goward has returned to work after six months off due to a vehicle CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of September 16, 2010 accident. He is currently working four hours per day in Plant Operations filling a vacant Administrative Assistant position. Mr. Goward has expressed interest in receiving further training in other areas. c) General Manager James Kelly announced that the Board expressed interest in an update for the Hall Drive Sewer Renovations (Phase 213), DP 5932. An informational memo was included with the agenda. d) General Manager James Kelly announced that staff has scheduled two Best Management Practices (BMP) Permit Seminars for October 5 and 20, 2010, for facilities that have recently been issued a BMP Permit (e.g. vehicle service, car washes, and machine shops). The seminars are condensed versions of the Industrial User (IU) Academies that have been held for the more significant permitted dischargers; they are scheduled for 4 hours including an optional plant tour. Invitations were sent to 257 businesses permitted under the BMP Permit Program over the last year. e) General Manager James Kelly announced that, at the close of the public comment period on September 3, 2010, the District had received eight letters commenting on the DA 168C — Alhambra Valley Draft EIR. Four letters came from public agencies and four from local property owners. DA 168C proposes annexation of nine residential parcels that are outside the County's Urban Limit Line. Of the four public agency letters, the Contra Costa County Department of Conservation and Development questions the need for sewer service and the report's interpretation of County land use policies; the National Park Service asserts that more analysis is needed on the impact of possible future housing developments on the adjacent lands of the Mt. Wanda portion of the John Muir National Historic Site; the Contra Costa Water District concurs with the report's contents regarding water service; and the State Clearinghouse acknowledges that no State agencies have submitted comments on the document. Of the four property owner letters, two are from Oakbridge Lane (outside the project area) objecting to the annexation of the nine nearby properties, particularly one that has access on Oakbridge Lane and is projected to be developed with two residences. Another letter is from a Gordon Way property owner /attorney who claims inadequacies concerning the project description, the John National Historic Site, the impact analysis, consistency with County land use policies, the Initial Study, and the alternatives analysis. The final letter is from the owner of the largest parcel in the project area; he supports the Draft EIR's conclusions and the project. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of September 16, 2010 Staff will be working with the District Counsel's office to prepare responses to these comments and any needed EIR text changes for inclusion in the Final EIR. Prior to setting a new public hearing date, staff will report back to the Board on the Final EIR's progress. Because of the complexity of some of the issues raised, the public hearing set last meeting is proposed by staff to be rescinded and will be reset for a future date. f) General Manager James Kelly announced that on October 7, 2010, Provisional Principal Engineer Stephanie Gronlund will be attending the International Right of Way Association's Course, "Reviewing Appraisals in Eminent Domain" in Las Vegas, Nevada. g) General Manager James Kelly announced that preliminary investigations of the San Bruno gas pipeline explosion are looking into the role that pipe bursting of a sewer located under the gas main may have played. In 2008, a sewer that crossed the gas pipeline in question at the intersection of Earl and Glenview was replaced /upsized (6 -inch upsized to 10 -inch) using pipe bursting. It is suspected that the technique may have caused ground shaking and disruption of adjacent soil and rock that may have damaged the gas line. The District utilizes pipe bursting extensively to replace /upsize sewers in its service area. It is the District's practice to pothole utility lines that cross in close proximity to the sewer line to be pipe burst to verify clearances. If clearance is an issue, the contractor performing the work is required to expose the utility crossing prior to pipe bursting, thus eliminating any shaking /disruption of the soil adjacent to the utility. In light of the San Bruno incident, District staff has been advised to take additional precautions when pipe bursting sewers in the vicinity of other utilities. b. COUNSEL FOR THE DISTRICT 1) District Counsel Kent Alm stated that the District received a Notice of Intent to Sue regarding a dry cleaning fluid contamination in a strip mall on Contra Costa Boulevard in Pleasant Hill. 2) Mr. Alm announced that Novato Sanitary District received confirmation from the Department of Justice that no criminal charges for Clean Water Act violations will be filed regarding alleged undisclosed permit violations, but the investigation is being referred to the state to see if there will be civil proceedings. 3) Mr. Alm announced that two Administrative Civil Liability penalties were issued within the last few days charging $2 and $3.50 per gallon for sewage overspills. He noted that the cost of overspills is increasing dramatically. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of September 16, 2010 C. SECRETARY OF THE DISTRICT Secretary of the District Elaine Boehme announced the upcoming Outreach Committee meeting scheduled for September 21, 2010. d. BOARD MEMBERS 1) Board Member reports on future meetings or conferences for which they will receive the stipend or for which the District will pay their expenses; recent meetings for which they received the stipend and meetings or conferences for which the District paid their expenses Member Hockett a) Member Hockett reported on her attendance the September 2, 2010 Contra Costa County Mayors' Conference hosted by the Town of Danville. Member Menesini a) Members Menesini and Lucey reported on the September 8, 2010 Household Hazardous Waste Committee meeting and summarized the Action Summary. The Board received the report without comments. Member Neiedly a) Members Nejedly and Hockett reported on the September 13, 2010 Budget and Finance Committee meeting and summarized the Action Summary. The Board received the report without comments. President McGill a) President McGill reported on his attendance at the September 2, 2010 Contra Costa County Mayors' Conference hosted by the Town of Danville. b) President McGill reported on his attendance at the September 10, 2010 Contra Costa Council Candidates' Forum for the 15 Assembly District. c) President McGill and Member Hockett reported on the September 10, 2010 Recycled Water Committee meeting with Congressman Jerry McNerney and summarized the Action Summary. The Board received the report without comments. d) President McGill and Member Hockett reported on the September 13, 2010 Recycled Water Committee meeting with Representative John Garamendi and summarized the Action Summary. The Board received the report without comments. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of September 16, 2010 2) Announcements a) President McGill provided a written report covering Announcements. 7. ADMINISTRATIVE a. CONSIDER APPROVAL OF THE EARLY RETIREE REINSURANCE PROGRAM APPLICATION. This item was reviewed by the Budget and Finance Committee. General Manager James Kelly announced that Accounting and Human Resources have been working with the District's healthcare providers to determine potential savings the District might receive from the Federal Early Retiree Reinsurance Program. Controller Debbie Ratcliff provided a review of the program, stating that the Patient and Affordability Care Act provides $5 billion in financial assistance to employers, state and local governments to help them maintain healthcare coverage for early retirees and their spouses age 55 and older who are not yet eligible for Medicare. The amount of the reimbursement to the employer is up to 80% of medical claims costs for retiree medical claims between $15,000 and $90,000 for expenses incurred after June 1, 2010. Staff has calculated that, making various assumptions, the District could possibly receive reimbursements totaling $300,000 over the next two fiscal years. Ms. Ratcliff noted that the Budget and Finance Committee reviewed the matter but was split on its recommendation on whether or not to recommend participation. Member Hockett stated that, in her opinion, the program is unfair to ratepayers, who have already paid for employee retiree health insurance in other ways. Member Lucey stated that, since a certain amount of money has been allocated for disbursement anyway, the District should apply for its share. It may also help reduce the District's costs of health coverage. It was moved by Member Nejedly and seconded by Member Lucey to approve the Early Retiree Reinsurance Program Application. Motion passed by unanimous vote of the Board. 8. ENGINEERING a. ADOPT RESOLUTION 2010 -086 ENCOURAGING AND PROMOTING POLLUTION PREVENTION WEEK. General Manager James Kelly stated that National Pollution Prevention Week occurs during the third full week of September each year. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of September 16, 2010 Assistant Engineer Melody LaBella stated that the first Pollution Prevention Week was held in 1993, with a goal of increasing pollution prevention awareness. She noted that the Drug Enforcement Agency is coordinating a National Take -Back Day for unwanted residential pharmaceuticals on Saturday, September 25, 2010. She described the activities for Pollution Prevention Week, which include the 26 annual Coastal Cleanup Day. Ms. LaBella stated that, this year, the District has taken out a full -page advertisement in the Contra Costa Times thanking its customers for helping prevent pollution in central Contra Costa County. It was moved by Member Menesini and seconded by Member Hockett to adopt Resolution 2010 -086 encouraging and promoting Pollution Prevention Week. Motion passed by unanimous vote of the Board. b. RECEIVE UPDATE ON THE COLLECTION SYSTEM OPERATIONS DEPARTMENT (CSOD) ADMINISTRATION, CREW AND WAREHOUSE FACILITY, DISTRICT PROJECT 8208, AND AUTHORIZE THE SUBSTITUTION OF WHITING /STILLWATER CONCRETE CONSTRUCTION, INC., THE LISTED SUBCONTRACTOR, WITH MCKAY AND COMPANY CONSTRUCTION FOR A PORTION OF THE CONCRETE WORK, AS REQUESTED BY BOBO CONSTRUCTION, INC. General Manager James Kelly reported that the Board requested regular updates on the progress of the CSOD Administration, Crew and Warehouse Facility project. Senior Engineer Alex Rozul provided an update on the CSOD Administration, Crew and Warehouse Facility project, stating that 23 days have been added to the original contract time of 547 days. Project slippage amounts to 46 days. Construction progress is behind schedule, and the District and Bobo Construction are evaluating the schedule to determine if adjustments to sequence of activities or activity durations are appropriate. He described the progress of the project to date, noting that the early site work is 60% complete. He recommended that the Board approve the substitution of McKay Construction to replace the concrete subcontractor Whiting /Stillwater. Member Nejedly expressed concern regarding the project being behind schedule, and requested information regarding how many of the project slippage days are the fault of the contractor and how many are the result of change orders submitted by staff. It was moved by Member Hockett and seconded by Member Menesini to authorize the substitution of the sub - contractor as recommended. Motion passed by the following vote of the Board: AYES: Members: Hockett, Lucey, Menesini, McGill NOES: Members: Nejedly ABSTAIN: Members: None CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of September 16, 2010 9. HUMAN RESOURCES a. CONSIDER MODIFYING STANDARDS FOR EXPRESSING EMPLOYEE COMPENSATION General Manager James Kelly stated that, at the August 5, 2010 Board meeting, Member Lucey asked staff to prepare a Position Paper mandating that employee salaries be expressed in annual amounts. Member Nejedly asked staff to include the value of benefits whenever salary is referenced in a Position Paper. President McGill stated that he would like to see both monthly and annual amounts listed in Position Papers. It was moved by Member Lucey and seconded by Member Nejedly to direct staff to modify standards in Board Position Papers to express employee compensation showing both monthly and annual salaries, as well as the value of benefits. Motion passed by unanimous vote of the Board. 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 11. SUGGESTIONS FOR FUTURE AGENDA ITEMS None. 12. CLOSED SESSION The Board recessed at 3:25 p.m. to reconvene in the Caucus Room in closed session to confer with Legal Counsel regarding the following items: a. Conference with Legal Counsel - Anticipated Litigation - significant exposure to litigation pursuant to Government Code Section 54956.9(b) - one potential case. b. Conference with Legal Counsel - Anticipated Litigation — initiation of litigation pursuant to Government Code Section 54956.9(c) - one potential case. C. Personnel Matters pursuant to Government Code Section 54957 — Performance Evaluations for Secretary of the District, General Manager, and Counsel for the District. The Board recessed at 3:44 p.m. to reconvene in the Board Room in open session. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of September 16, 2010 13. REPORT OUT OF CLOSED SESSION With regard to Item 12.c., President McGill reported that the Board requested that staff secure the services of Executive Recruiter Bob Murray to assist with the performance evaluations. 14. ADJOURNMENT There being no further business to come before the Board, President McGill adjourned the meeting at 3:47 p.m. Michael R. McGill, P.E. 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 Central Contra Costa Sanitary District, County of Contra Costa, State of California 10