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HomeMy WebLinkAbout03.b. Approve Minutes of 11-18-2010 Board Meeting• • 3.6. MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON NOVEMBER 18, 2010 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, November 18, 2010. President McGill called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Lucey, Menesini, Nejedly, McGill ABSENT: Members: Hockett 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 It was moved by Member Menesini and seconded by Member Nejedly to adopt the Consent Calendar as recommended. Motion passed by the following vote of the Board: AYES: Members: Lucey, Menesini, Nejedly, McGill NOES: Members: None ABSENT: Members: Hockett a. Approve expenditures dated November 18, 2010. Reviewed by Budget and Finance Committee. b. Approve minutes of October 21, 2010 Board meeting. C. Adopt Resolution 2010 -096 accepting grants of easements from Richard Ishikawa and Qi Zhu, Michael and Elise Woods, Douglas Surber and Laura Sanborn, Lesley Martin and Lauriel Gulutzan, Brett Roberts, John and Wendy Helms, Peter and Mary Ramsden, 0 CENTRAL CONTRA COSTA SANITARYDISTRICT Board Minutes of November 18, 2010 and Kerry Moran (District Project 5932 — Parcels 6- 10,14 -16), Orinda; and adopt Resolution 2010 -097 authorizing the execution and recording of quitclaim deeds for the property owners as listed above (Job 165), and authorize staff to record the documents with the Contra Costa County Recorder. d. Adopt Resolution 2010 -098 accepting grants of easements from Glenn M. Mueller, Jr. and Sharon E. G. Mueller, Helen E. Adams, Owen J. and Candace L. Curtis, Richard V. and Karen E. Bettiga, Martha A. Ammerman, Charles A. Burnash, Jesse E. and Sharon L. Chambers, Nicholas J. Riley and Marcia Kent, and Catherine A. Owen, property owners, Martinez (District Project 5952 — Parcels 11, 13 -20), and authorize staff to record the documents with the Contra Costa County Recorder. e. Set January 6, 2011 at 2:00 p.m. as the date and time for a public hearing to consider adopting a Negative Declaration for District Annexation 167B — Walnut Creek and Concord. Adopt Resolution 2010 -099 amending the District's Master Records Retention Schedules and Rescinding Resolution Nos. 87 -209 and 2007 -108. 4. PUBLIC HEARINGS a. CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTING RESOLUTION 2010 -100 AND RESOLUTION 2010 -101 DECLARING THE FOLLOWING DISTRICT LAND AS CURRENTLY UNNEEDED AND AUTHORIZING THE GENERAL MANAGER OR HIS DESIGNEE, TO EXECUTE AND ADMINISTER LEASE AGREEMENTS FOR PERIODS NOT TO EXCEED TEN YEARS 5501 Imhoff Drive, Martinez, California (APN 159 - 140 -052), also known as Parcel C.2., currently leased by County Quarry; and 5030A Imhoff Drive, Martinez, California (APN 159 - 140 -057), currently leased by Contra Costa Topsoil. Approval recommended by the Real Estate Committee. Acting General Manager Ann Farrell stated that in the past the District has purchased property as a buffer for the District's wastewater treatment plant. The Board of Directors has found it beneficial to pursue lease income from these properties. The Sanitary District Act (Section 6514.1) requires a public hearing in order to declare District lands surplus for the purpose of leasing them. Staff requests that the Board conduct a public hearing for each of the two parcels located at 5501 Imhoff Drive, Martinez, California (APN 159 - 140 -052), currently leased by County Quarry; and 5030 Imhoff Drive, Martinez, California (APN 159 - 140 -057), currently leased by Contra Costa Topsoil. She noted that the address used in the publication notice for Contra Costa Topsoil 0 0 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of November 18, 2010 was an old address listed as 4710 Blum Road, Martinez, California and the property's correct address is 5030 Imhoff Drive, not 5030A. She stated that staff is requesting the Board to declare the two properties as currently un- needed and authorize staff to enter into a ten -year lease with Contra Costa Topsoil and a one - year lease with County Quarry. The one -year lease with County Quarry provides a period of time for the District to assess full lease compliance and County Quarry's ability to address District concerns. In addition, staff is requesting authorization to administer and manage the leases to protect the District's interests. The leases are consistent with the Real Estate Committee and Board direction, and were reviewed by the Real Estate Committee at its October 11, 2010 meeting. The Committee recommended Board approval. The public hearing was opened and closed without comments. It was moved by Member Lucey and seconded by Member Nejedly to adopt Resolution 2010- 100 and adopt Resolution 2010 -101 declaring the two properties as currently unneeded and authorizing the General Manager, or his designee, to execute and administer a ten -year lease with Contra Costa Topsoil for 5030 Imhoff Drive; and a one -year lease with County Quarry for 5501 Imhoff Drive. Motion passed by the following vote of the Board: AYES: Members: Lucey, Menesini, Nejedly, McGill NOES: Members: None ABSENT: Members: Hockett 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 6. ITEMS HELD OVER FROM PREVIOUS BOARD MEETINGS a. AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $387,417 TO ELEVATOR TECHNOLOGY, THE LOWEST RESPONSIVE BIDDER FOR THE TREATMENT PLANT ELEVATOR MODERNIZATION DISTRICT PROJECT 7281 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 Continued from November 4, 2010. Acting General Manager Ann Farrell stated that, as discussed at the November 4th Board meeting, District staff recommends award of a construction contract for the Treatment Plant Elevator Modernization, District Project 7281. While elevator modernization may seem straight forward, due to the age of the elevators it is in fact a fairly complex project. The project is 0 1 0 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of November 18, 2010 expected to take nine (9) months to complete due to comprehensive submittals, reviews and the long lead time on equipment. Actual construction is expected to take six (6) months, since only one elevator in the Solids Conditioning Building can be taken out of service at a time to minimize impacts to the operation of the facility. In response to Board concerns, staff reduced the contingency amount but has maintained the hours estimated for construction management and inspection, as shown in the revised Position Paper. Staff does not recommend any further reductions if the appropriate level of oversight is to be provided. Member Nejedly stated that, even with the reductions noted by Ms. Farrell, the contingency cost is still high in his opinion. He questioned the need for three hours for inspection each day. It was moved by Member Menesini and seconded by President McGill to find the Treatment Plant Elevator Modernization, District Project 7281, as exempt from CEQA; to award a construction contract to Elevator Technology; and to authorize the General Manager to execute the contract documents subject to submittal requirements. Member Lucey stated that he shared Member Nejedly's concerns, but will reluctantly support the motion due to the need to move the project forward quickly. Motion passed by the following vote of the Board: AYES: Members: Lucey, Menesini, McGill NOES: Members: Nejedly ABSENT: Members: Hockett 7. REPORTS a. GENERAL MANAGER 1) Update on Collection System Operations Facility District Project 8208 Senior Engineer Alex Rozul presented the Board with the regular construction progress update on the Collection System Operation Facility project. Mr. Rozul provided information concerning construction schedule, payment status, and preparation for winterizing the site. Senior Engineer Rozul stated that staff has been concentrating on curb and gutter work, which are surveyed to ensure that elevation and drainage are correct, and to avoid pooling. Decking is in place on the second floor of the building welding of steel is being completed and the roof pan- decking is in place. A mechanical screen on the roof to cover the HVAC system is visible now and the green roof will be construction behind the screening. Member Nejedly requested that future updates focus on project progress. 0 0 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of November 18, 2010 2) Status Update on 2006 Storm Damage Projects District Project 5981 Acting General Manager Ann Farrell stated that the 2005 New Years Eve storm event, which dumped 4" of rain as measured at the treatment plant site, resulted in 14 slide damage projects endangering District sewers which needed repair. These repairs required working with homeowners and other jurisdictions and took some time to complete. With wet weather approaching, staff is happy to report that just this past week the last of the 14 slides was repaired. Engineering Capital Projects Associate Engineer Tom Godsey presented the Board with an update on the 2005 New Year's Eve storm event damages. Mr. Godsey showed photographs of the repaired sites and noted that the last of the 14 slides was repaired. Member Lucey noted that many of the slides were in Orinda and as in past years, the District spends a disproportionate amount of money in Orinda for sewer repairs. He suggested that the new Board may wish to consider a surcharge on Orinda residents. 3) Announcements a) Acting General Manager Ann Farrell announced that on November 2, 2010, California voters approved Proposition 26. This measure re- categorized many State and local fees as taxes, which require two- thirds approval by the electorate for local governments and two - thirds legislative approval for those imposed by the State. The purpose of the Proposition was to eliminate the ability for both local and State legislators to increase revenues by labeling some charges as regulatory fees rather than as new taxes which would require voter approval or a two- thirds vote of both California legislative houses. Proponents state "fees couched as "regulatory" but exceed the reasonable cost of the actual regulation or simply imposed to raise revenue for a new program and are not part of any licensing or permitting program are actually taxes and should be subject to the limitations applicable to the imposition of taxes." Acting General Manager Ann Farrell announced that although this Proposition will likely have substantial effect on both a Statewide and local level over a period of time, there are specific exceptions created within this Constitutional amendment that protect at least most of the basic fee structure currently used by the District. The District's sewer service charges are imposed consistent with the provisions set forth in Proposition 218 and this new Proposition creates an exception for fees which are adopted pursuant to the Constitutional amendments enacted by Proposition 218. There is a second exception which essentially provides that a fee or charge will not be deemed as a tax to the extent that those who do not pay the fee will not receive the service. The second exception would appear to encompass the fees and charges that are imposed by the District on new connections. Pursuant to the same exception, the CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of November 18, 2010 Environmental Fees and Charges imposed by the District for inspections and plan review and similar services should also be exempted. She stated that it is likely that a number of existing local fees such as AB 939 recycling fees, and other general program - related fees may be subject to these new approval requirements in the event there is a necessity to increase such fees in the future. Undoubtedly, there will be substantial litigation on the breadth of Proposition 26 which will ultimately determine the breadth of its applicability to local fees. b) Acting General Manager Ann Farrell announced that in September 2010, the Board established a new program allowing installment payments for capacity fees when a property owner converts a home from a septic tank to District sewer service. She stated that the first customer to take advantage of this option is one of the property owners in the Sunnybrook Road CAD whose septic tank recently failed. Weather permitting, the Sunnybrook Road CAD sewer installation will be completed within two weeks. C) Acting General Manager Ann Farrell announced that the Solids Handling Improvements Project constructed a new sludge loading facility and is substantially complete. The operation and maintenance trainings are scheduled for November 17, 18 and 19, 2010. Starting the week of November 29, 2010, dewatered sludge will be loaded into the silos for functionality testing. Initially one silo will be partially filled with sludge (about 45 feet in height). Staff will verify the proper functioning of mechanical, electrical, and instrumentation components of the system. Staff will also test the new odor control unit. After this test is complete, two of the three silos will be fully filled with 250 tons of de- watered sludge. This equates to up to 18 truck loads. Sludge will be disposed at Keller Canyon landfill. After successful testing, the system will be cleaned and readied for future service. d) Acting General Manager Ann Farrell announced that the San Ramon City Council voted on November 9, 2010 to utilize Curbside Inc. to provide Household Hazardous Waste (HHW) services in San Ramon. Beginning January 2011, their plan is to use Curbside Inc. to collect household hazardous waste "door -to- door" on an on -call basis. The annual cost of this program is estimated to be approximately $135,000, which will be paid for by increasing San Ramon garbage rates and using other solid waste funds. A cost saving measure included in the plan is to eliminate the annual mobile HHW collection event sponsored with the District as well as discontinuing the agreement with the District to allow the approximately 5,200 homes in San Ramon that are outside of the service area to utilize the HHW Collection Facility. 0 0 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of November 18, 2010 Acting General Manager Ann Farrell noted that last year, San Ramon paid the District roughly $59,000 for the homes that are outside of the service area and another $6,000 for their portion of the mobile collection event. San Ramon's overall participation in the HHW program last year was about 4.2% (or 1,226 cars) of the 29,434 total cars served by the program. Acting General Manager Ann Farrell stated that the HHW services agreement with the City for homes outside of the service area is renewed annually in September and includes a termination clause requiring 60 days written notice. Mobile collection events are requested by the City annually and are not required. Staff is expecting a formal request from the City to terminate the agreement effective January 1, 2011, and to pay for costs incurred this fiscal year, approximately $25,000. When this request is received, staff will determine the need to relax the 60 day notice requirement. She also noted that staff will contact the Chair of the Board HHW Committee to determine if they would like to have a meeting to discuss the pending termination of the agreement to provide HHW services to San Ramon residents and small business generators outside of the District service area. e) Acting General Manager Ann Farrell announced that the State Water Board released a Draft Policy for Toxicity Assessment and Control in late October that made significant changes to the way toxicity assessments are conducted. Upon review, District staff and the entire wastewater community were very concerned with the contents of the new policy due to the changes in statistical approach that made false positives much more likely (that is effluent that is not toxic would show up as toxic in the test). The State Water Resources Control Board ( SWRCB) accepted comments November 16, 2010 at a workshop following their regular meeting in Sacramento. District staff and twenty other speakers from the regulated community pointed out the problems with the change in the statistical approach that would lead to many more false positives and would characterize any false positives resulting from increased monitoring as violations of National Pollutant Discharge Elimination System permits and subject to mandatory minimum penalties. Acting General Manager Ann Farrell stated that based on the testimony received, the SWRCB implemented a 60 -day extension to the adoption of the regulation. The extension will provide time to further assess the impact of false positive toxicity results, provide an economic analysis, and further define the environmental benefit of the proposed new policy. District testimony was provided by Director of Operations Margaret Orr with assistance from Laboratory Superintendent Bhupinder Dhaliwal, Associate Engineer Gail Chesler, and Environmental Compliance Superintendent Tim Potter. 0 0 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of November 18, 2010 COUNSEL FOR THE DISTRICT District Counsel Alm provided the Board with a copy of a letter to CCCERA withdrawing the District's Public Records Act request for information on de- pooling that currently does not exist. Member Nejedly expressed ongoing frustration with CCCERA's apparent reluctance or inability to provide information to the District. He stated that he would like staff to prepare information concerning the District seceding from CCCERA for consideration at the next Board meeting. C. SECRETARY OF THE DISTRICT Secretary of the District Boehme reported that the District is anticipating receipt of the Certified Election Results and that the Board meeting scheduled for December 2 will include Board business, swearing -in of the Board Members elect and a reception. Secretary of the District Boehme noted that it is anticipated that the selection of the President and President Pro Tern will be made at the December 2, 2010 Board meeting, as required by the District Code. 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 Neiedly Member Nejedly and Member Hockett reported on the November 15, 2010 Budget and Finance Committee meeting and summarized the Action Summary. The Board received the report without comments. President McGill President McGill reported on the November 4, 2010 Contra Costa County Mayors Conference hosted by the City of Hercules that featured speaker Lisa Vorderbrueggen, Contra Costa Times Political Editor. President McGill reported on the November 18, 2010 Annual Joint APWA/ASCE meeting that featured speaker Lori Steere, Community Affairs Representative of EBMUD discussion recycled water. 2) Announcements a) President McGill provided a written report covering Announcements. 0 0 CENTRAL CONTRA COSTA SANITARYDISTRICT Board Minutes of November 18, 2010 8. ENGINEERING CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT (CAD) FOR INSTALLATION OF SEWER IMPROVEMENTS ON UP TO TEN PROPERTIES ON VISTA DEL ORINDA TUMBLING BROOK ROAD AND DEL VALLE IN ORINDA BY ADOPTING TWO RESOLUTIONS AS FOLLOWS: RESOLUTION OF INTENTION 2010 -102 TO CREATE THE VISTA DEL ORINDA CAD NO. 2010 -2 FOR THE PURPOSE OF INSTALLING SEWER IMPROVEMENTS, AND RESOLUTION 2010 -103 APPROVING THE BOUNDARY OF SAID CAD Acting General Manager Ann Farrell stated that property owners in the Vista del Orinda area at the top of the El Toyonal Hill in Orinda have requested that a Contractual Assessment District be formed to provide financing for a main sewer extension to serve their properties. This is the second request for formation of a CAD that has been received since the Board decided to reinstate the program earlier this year and directed that each request be considered on a case - by -case basis. Ms. Farrell noted that staff has reviewed the request and concluded that the project meets the criteria for CAD formation. Provisional Environmental Services Division Manager Jarred Miyamoto -Mills presented a report on the proposed CAD in Orinda stating that District staff was approached last spring to create a sewer extension project in the area and due to the cost it was not affordable without District financing. The CAD program was reinstated earlier this year, which allowed the request to be considered. Mr. Miyamoto -Mills provided resident participation, sewer line diameter, and cost and interest information for the project, and stated that the project meets the Board criteria for CAD participation. Mr. Miyamoto -Mills reviewed the approval process for the establishment of the CAD. It was moved by Member Nejedly and seconded by Member Lucey to adopt Resolution of Intention 2010 -102 to create the Vista Del Orinda CAD No. 2010 -2 for the purpose of installing sewer improvements; and adopt Resolution 2010 -103 approving the boundary of said CAD. Motion passed by the following vote of the Board: AYES: Members: Lucey, Menesini, Nejedly, McGill NOES: Members: None ABSENT: Members: Hockett 9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 10. SUGGESTIONS FOR FUTURE AGENDA ITEMS President McGill requested information on the District's Emergency Preparedness Plan at a future Board meeting. 0 - 0 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of November 18, 2010 Board Member Nejedly requested information concerning the District withdrawing from CCCERA at the next Board meeting. 11. ADJOURNMENT There being no further business to come before the Board, President McGill adjourned the meeting at 3:07 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, CMC Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California 10