MINUTES OF THE REGULAR MEETING
OF THE BOARD OF DIRECTORS OF THE
IRONHOUSE SANITARY DISTRICT
May 7, 2013
The Ironhouse Sanitary
District (ISD) Board of Directors met in regular session on Tuesday, May 7,
2013.
The place of meeting was the
Ironhouse Sanitary District Office at 450 Walnut Meadows Drive, Oakley,
California.
1.
Call to
Order
The
meeting was called to order by President Lauritzen at 7:00 p.m.
2. Pledge of Allegiance led by Randy Pope
Roll Call:
Directors present: David Contreras, David Huerta, Chris
Lauritzen, Michael Painter and Doug Scheer
Members
absent: None
Staff/Consultants present: Tom Williams, General Manager
Jennifer Skrel, District
Engineer
Susan Walde, District
Secretary
Fred Etzel, District
Counsel
Michael Welty,
Financial Officer
Joe Mueller,
Environmental/Process Compliance Manager
Interested
Parties: Susan Morgan,
Oakley
Randy
Pope, Oakley City Council
Dave
Best, Shea Homes
3. Approval of Agenda
M/S M. Painter, D. Huerta and the Board voted to
approve the agenda.
4. Approval of the Minutes of the April 2, 2013
Regular Meeting.
Mrs. Walde noted corrected minutes available for the
Board to review. The minutes of the
April 2, 2013 meeting were tabled to the June 2013 regular meeting.
5. Public Comments – Communications from the public on subjects not on
the agenda.
There were no comments from the public at this
time.
6. Consent Calendar
A. Approval
of Payment Order, Report on Financial Position & Operating
Performance.
B. Approval
of Posting & Publishing of 2013/2014 Trunkline and Capacity Fee Adjustments
(BO 13-09.
C. Approval
of Posting & Publishing of Statewide Community Infrastructure Program
Public Hearing (BO 13-10).
Staff
Report – Michael Welty – Utonomy
Mr. Welty reported that the finance committee met on
April 3rd. to review the FY13/14 budget.
The Board will be holding a budget workshop on May 16th at
6:00 p.m. Mr. Welty gave a copy of the draft budget to the Board for their
review before the budget workshop.
President Lauritzen asked for comments from the
finance committee.
David Contreras and David Huerta (finance committee)
reported they reviewed and commented on three renditions of the budget. The 4th edition was just handed
out for Board review. The committee
discussed having cattle revenue included with “operating” revenue vs. being
included as “other” revenue later in the budget. Mr. Welty indicated he could make that change
but, since he has structured the budget to parallel the annual audit report, he
recommended not moving the “other revenue” to the front of the budget. The committee is proposing no rate increase for
FY 13/14 and the draft budget reflects keeping the rate flat. Staff indicated some recent changes were
included to clarify permitting costs and coalition costs, as well as addressing
ISD laboratory budget numbers to reflect the recent decision by the Regional
Water Quality Control Board (RWQCB) to reduce the amount of land based sampling
required by ISD. The committee is
waiting for the fiscal review of certifying and operating the in-house ISD laboratory
at a higher level with less outside laboratory reliance vs. certifying the ISD lab
at a lower level and continuing to utilize an outside laboratory for most of
ISD’s sampling analysis.
Mr. Mueller reported to the Board on the update of the
plans for the ISD lab, reviewing the initial concept for the lab during
construction, to the new concept now that the RWQCB has reduced sampling
needs.
M/S M. Painter, D. Huerta, and the Board voted
unanimously to approve the consent calendar.
7. Business Before the Board
7A. Public Hearing and Board Action on Proposed
Adjustments on Plant Capacity and Trunkline Capacity Fees for Fiscal Year
2013/2014.
Mr. Williams stated that this is our annual review of
fees. There was no change in the fee for
the Plant Capacity and Trunkline Capacity Fees.
There was no change in the March Engineering News Record cost of
construction Index for the San Francisco Bay Area. He stated that the amount posted in June 2013
may be higher than the March 2013 posting and, the Board may wish to reconsider
the TLC and PC fees at that time. He
also stated that the discounted rate that was adopted in September of 2011 will
expire in September 2013 and will reset to the September 2011 rate as no
construction cost index changes have been made since that time. If the Board wishes, it may address the fee
discount program, and possible adjustment and/or extension, prior to the
September 30, 2013 expiration date.
Dave Best of Shea Homes addressed that Board and
stated that Diablo Water, City of Oakley, Contra Costa Water and the School
Board met to discuss development fees and future lot build outs. He encouraged the Board consider continuing the
fee discounts.
At 7:22 p.m. President Lauritzen opened the public
hearing.
Hearing no additional comments from those in attendance.
At 7:23 p.m. President Lauritzen closed the public
hearing.
M/S M. Painter, D. Huerta and the Board voted
unanimously on no change to the Trunkline and Plant Capacity Fees and the fees
would stay the same.
7B. Consideration
of An Ordinance and Order Adjusting Trunkline Capacity, and Plant Capacity Fees
(Ordinance No. 50 and Order No. 13-11).
Mr. Williams stated that the purpose of Ordinance No.
50 and Order No. 13-11 is to state what the FY 2013/2014 rate for Trunkline and
Plant Capacity Fees will be and, as adopted by the Board in Item 7A, the Plant
Capacity and Trunkline Capacity fees will remain unchanged at this time.
M/S M. Painter, D. Huerta and the Board voted
unanimously to adopt Ordinance No. 50 and Order No. 13-11 keeping the
discounted rate for Trunkline and Plant Capacity fees unchanged at this time.
7C. Public
Hearing for Entering into Participation in The Statewide Community
Infrastructure Program (“SCIP”), which is sponsored by the California
Statewide Communities Development Authority (“CACDA”).
Ms. Skrel stated that the District was approached in
2011 to become a participant in the Statewide Community Infrastructure Program
(SCIP). At the time both the City of
Oakley and Diablo Water District did join.
In 2013, ISD was notified by Brookfield Homes that they would like to utilize
SCIP for development of homes in the East Cypress Corridor.
Dave Best of Shea Homes commented that it would be
beneficial to them for the District to participate in the program.
Director Contreras asked District Council if he is
familiar with the program. Mr. Etzel
stated that he has been involved with the program for years and is delighted to
see the developers interested in this program.
He commented that the interest shows strength in the economy.
Director Scheer asked if there would be a cost to the
District to enroll in the program. Ms.
Skrel stated there would be no cost or fees to the District.
At 7:32 p.m. President Lauritzen opened the public
hearing.
Hearing no comments from the public or those in
attendance;
At 7:33 President Lauritzen closed the public hearing.
M/S D. Huerta, D. Contreras and the Board voted
unanimously to adopt Resolution 13-03, authorizing the District to join the
Statewide Community Infrastructure Program (SCIP); Authorizing the California
Statewide Communities Development Authority to Accept Application from Property
Owners, Conduct Special Assessment Proceedings and Levy Assessments within the
Territory of the Ironhouse Sanitary District; Approving Form of Acquisition
Agreement for use when applicable; and authorize Related Actions; and authorize
the General Manager to become a participating member agency in the SCIP.
7D. Consideration
to Set the Hearing for Sewer Service Charge Increase for Fiscal Year 2013/2014. (Approve Notice to Set Hearing).
Mr. Williams reported that the District is setting the
hearing for the Sewer Service charge for FY 2013/2014. The Finance Committee is working diligently
with staff to keep the rate flat.
M/S M. Painter, C. Lauritzen and the Board voted
unanimously at accept the proposed sewer use charge for purposes of the notice
and set June 4, 2013 for the public hearing on the said rate adjustment. The hearing shall be held at the time and
place of the regular June 4th meeting. The District Secretary was directed to post
and publish the required notices.
7E. Central
Valley Regional Water Quality Control Board Issuance of an Administrative Civil
Liability Complaint.
Ms. Skrel reported to the Board that on October 20,
2011 the new Water Recycling Facility became fully operational when discharge
to the San Joaquin river commenced. Staff had start-ups issues related to
reporting data extraction that needed to be worked out. Mr. Mueller reported the data extraction issues
to the state at the time (in 2011) and advised the District was working to
correct the issue. Staff worked
diligently at the time with the District’s programming consultant, JSP, to
resolve the data extraction issue but, the information was not extracted in time
to file the monthly report. The initial
problem was with historical data not available from the SCADA computer. Ms. Skrel reported that she has been working
with Wendy Wyels recently, Supervisor of the Compliance and Enforcement Section
of the Central Valley Regional Water Quality Control Board (RWQCB), and Ms.
Wyles is recommending that Ironhouse pay the $3,000 Administrative Civil
Liability and waive its right to a hearing.
Per the ISD Board’s request, Ms. Skrel advised that ISD
can apply part of the fine toward a Supplemental Environmental Project (SEP). However, Ms. Skrel advised the State, due to
the minimal nature of the fine, recommended paying the fine as ISD would end up
paying more for the SEP than it would if it simply paid the fine. Ms. Skrel also indicated she would be willing
to prepare the request to the RWQCB indicating ISD wanted to select the SEP
option.
When asked about the recent letter from the RWQCB, and
the events leading to the late reporting, Ms. Skrel stated that during the verbal
and written communications in late 2011 between the RWQCB staff and Mr. Mueller
from ISD, a misinterpretation of reporting criteria occurred. However, Mr. Mueller indicated ISD fully
complied with reporting criteria in submitting the report.
Director Contreras asked staff to refer to what is
stated in the permit from the State Water Board and reminded staff that even
with verbal communication with the Water Board, it is always important to
submit an email or other written form of communications with the State to
create a record.
Director Contreras asked staff to make the Board of
Directors aware of all previous fines and SSO’s the District has had over the
last 5 years. Mr. Mueller stated the
District has had minor corrected violations and he writes an action plan and
submits to the Board for review.
Director Contreras would like to see what other
violations the District has and would like to review the SSO’s.
Director Contreras asked Staff to consider requesting
the Water Board staff provide options for bundling all SSO’s and violations
over the last five years together into one fine that can address all issues.
Discussion was held on potential options the District
has to submit for the Administrative Civil Liability.
Fred Etzel asked the Board to consider the expertise
of Director Contreras and have a special meeting to review the action.
Director Contreras stated he does understand the time
and expense of having staff prepare a Supplemental Environmental Project. He
would like to have staff make the ISD Board aware of violations present and let
the Board determine at the budget workshop meeting the action to be taken.
Director Painter stated that Delta Science Center
would be happy to partner in a SEP.
Ms. Skrel reviewed with the Board the two options available
to the District for resolving the fine.
They are 1) pay the fine or 2) pay half of the fine ($1,500) to the
Regional Board and pay the other $1,500 to an entity for a SEP. Ms. Skrel indicated that the Water Board must
allow ISD’s request for an SEP.
M/S M. Painter, D. Huerta and the Board voted
unanimously to direct staff to contact the RWQCB and pursue the option of
paying a partial fine of $1,500 and applying $1,500 for a Supplemental
Environmental Project. Set a subcommittee of Director Painter and Director
Contreras to work with staff to determine a project and report back to the
Board at the budget workshop on May 16, 2013.
7F. Consideration
of an ISD Sponsorship for Cityhood Celebration Event, July 6, 2013.
Mr. Williams reported that the City of Oakley is
annually holding the Cityhood Celebration event on July 6, 2013. ISD has participated in the event over the
last three years. The Outreach committee
recommends we participate at a Children activities sponsorship package: $500
with an additional 10’ x 10’ event booth at $30.
M/S M. Painter, D. Huerta and the Board voted
unanimously to authorize ISD sponsorship at the $500 level with an additional
10’ x 10’ event booth.
7G. Ratify
Award of Paving Contract on Bethel Island in the amount of $20,513.
Ms. Skrel stated that the bids came in for the Harbor
Road paving project and were received on April 9, 2013. The project was
authorized at a cost not to exceed $15,000 at the April Board meeting. All the bids received were above the
authorized amount. Due to time
restraints, the General Manager awarded the project to Grade Tec for a cost of
$19,536. Staff is asking the Board to
ratify the award to Grade Tec in the amount of $19,536 and award a 5 percent
change order contingency for the project for an authorized amount of $20,513.
M/S D. Scheer, D. Huerta and the Board voted
unanimously to ratify the General Manager’s decision to award the Harbor Road
paving project to Grade Tec in the amount of $19,536 and authorize a 5 percent
change order contingency bringing the authorized amount not to exceed
$20,513.
7H. Consideration
of Water Recycling Facility Improvement Project (For a cost not to exceed
$200,000).
Ms. Skrel stated that as part of the 2012/13 budget
process a list of improvements for the WRF were considered. The projects are; modify piping to improve
drum screen operations; conversion of backpulse tank to an equalization tank to
improve UV disinfection metering accuracy and operations and paving
improvements. She explained that more
work is involved to reroute flow around the backpulse tank while working in the
backpulse tank is in progress; additional paving has been requested by staff
and the cost of asphalt has increased.
Mr. Mueller explained to the Board the process of
improvements needed to the equalization tank.
Director Huerta asked if the modifications would void the warranties and
Ms. Skrel noted they would not.
M/S M. Painter, D. Huerta and the Board voted to authorize
the General Manager to advertise to bid the Water Recycling Facility (WRF)
Improvement Project and sign an agreement with the lowest responsible,
responsive bidder for a cost not to exceed $200,000.
7I. Appointment
to Board Established Subcommittees for Personnel and Human Resources and
Capital Projects.
President Lauritzen appointed the following Board
members to serve on the newly established Board subcommittees:
Personnel/Human
Resources – David Contreras and David Huerta
Capital
Projects – Doug Scheer and David Huerta
8. Staff Reports
Fred Etzel – Mr. Etzel reported that he is continuing to monitor
the Bay Delta Conservation Plan. He has
been working with Mr. Williams on the license agreement with Delta Science
Center and working with RD830 on an agreement with ISD.
Jenny Skrel – Ms. Skrel submitted her written report in the Board
packet.
Susan Walde – Mrs. Walde reported on the Science week event at
ISD. She reported that the new FOG
building was well received and many interested people received information for
future involvement in the program.
Tom Williams – Mr. Williams reported he was on vacation the week
of April 22nd. He has been working with the Outreach committee and
the Finance subcommittees. He attended CSDA training on the Board’s role in
Human Resources with Director Scheer. He
also attended the CCSDA quarterly meeting with Directors Huerta and Contreras. Being on the programs committee, he arranged
for Jim Fielder, Chief Operating Officer of Santa Clara Water District, to
speak on recycled water and how the SCVWD is utilizing recycled water to help
meet it present and future water demands.
Mr. Williams has been working diligently with Mr. Welty on the budget
process. He is also working with Brent
Ives to finalize the Performance Management plan. He reported that he is working with Georg
Kramer of Koff and Associates to move forward with the compensation study
update. On April 29th he attended a meeting with the Contra Costa
County Flood Control and Water Conservation District (CCCFC & WCD) on the RD
830/ISD proposed Marsh Creek enhancement.
The discussion focused on how the proposed project would be coordinated
with CCCFC&WCD and the possible timing for implementation. A follow-up
meeting has been set for June.
Mr. Williams also reported
that staff is getting geared up for the internship program on Jersey Island.
RD830 – Mr. Williams is reviewing the draft document between
RD830 and ISD on the Marsh Creek project.
RD830 is planning to bring the agreement forward to the ISD Board for
consideration. He is working with DWR on
request for advance funds for refundable deposit for the ISD dirt use by RD830.
9. Board
Members Advisory Reports
Director Contreras – Attended CASA and
submitted a written report. He further
reported on speaker Danielle Hutchings Mieler, who spoke on the likelihood (94%
chance) of a major earthquake in California in the near future (next 20 years) and
the need for the wastewater industry plan and be prepared. David Patzer spoke on Contingency Planning for
Wastewater Treatment Plants.
The outreach committee published the notice of
public hearing for Sewer Use Fee in the newsletter and saved the District
almost $7,000 for publishing and postage.
He reported on the Oakley Science week event at ISD on April 27th
and thanked staff for their participation and help with the event. It was the opening of the ISD Fog House and
was well received. Staff handed out
funnels for fog material collection. The event was well received with at least
300 youth and 450 total in attendance.
President Lauritzen – Attended the Bay Planning
Coalition Decision Makers Conference with Mr. Williams on Friday May 3rd. The discussion was on dredging and the shipping
goods in the Bay and the Delta. The Port
of Stockton and City of Pittsburg were in attendance. The conference was very beneficial as related
to our Jersey Island ownership.
Mike Painter – Director Painter reported that the project on
Jersey Island has been eventful. He has
been working on the Delta Science Center rice project and working out details
with the weather. They will have the
first class of 20 students on Thursday.
At the end of May they will be planting the rice.
He invited the Board to visit the Island stating the
island is in full swing harvesting crops.
10. Future Agenda Items for Consideration
There were no future agenda items suggested for
consideration.
11. Adjournment
President Lauritzen
adjourned the regular meeting at 9:27 p.m. until Tuesday, June 4, 2013 at 7:00
p.m. for the next regular meeting in the Ironhouse Sanitary District offices at
450 Walnut Meadows Drive, Oakley, California.
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