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HomeMy WebLinkAboutBOARD MINUTES 01-13-05 121 MINUTES OF THE ADJOURNED REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JANUARY 13, 2005 I The District Board of the Central Contra Costa Sanitary District convened in an adjourned regular session at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on January 13, 2005. President Hockett called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Menesini, Boneysteele, Nejedly, Lucey, Hockett ABSENT: Members: None a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance to the Flag. b. INTRODUCTIONS . INTRODUCE ANTHONY HOLT, NEWLY HIRED BUYER Mr. Anthony Holt, Buyer, was introduced and welcomed to the District by President Hockett and the Board of Directors. I 2. PUBLIC COMMENTS None a. 3. AWARDS AND COMMENDATIONS COMMENDATION TO GERALD R. LUCEY FOR HIS SERVICE AS PRESIDENT OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT BOARD OF DIRECTORS Mr. Charles W. Batts, General Manager, stated that 2004 was an eventful year for Central Contra Costa Sanitary District, one of innovation, challenge, and significant achievement. The commendation before the Board highlights some of those accomplishments. On behalf of District staff and the Board Members, Mr. Batts thanked Member Lucey for his leadership and guidance during his term as President of the Board of Directors. President Hockett presented the commendation to Member Lucey and thanked him for his even-tempered year, stating that although there were some challenging public hearings, Member Lucey handled them well. I Member Lucey thanked the Board and staff. 4. CONSENT CALENDAR It was moved by Member Menesini and seconded by Member Nejedly, that the Consent Calendar consisting of Items a. through d. be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. The Grant of Easement for sewer purposes for District Job 1554 from Vito L. D'Addabbo and Mary D. D'Addabbo was accepted at a cost of $6,390; staff was authorized to record said Grant of Easement; and Resolution No. 2005-001 was adopted to that effect. 1-13-05 122 Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Nejedly, Boneysteele, Lucey, Hockett None None A Grant of Easement for the Rossmoor Development Project, Phase 9, DP 5724, (Rossmoor Master Project Number DP 1001) Parcel 135, was accepted; staff was authorized to record said Grant of Easement; and Resolution No. 2005-002 was adopted to that affect. b. I Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Nejedly, Boneysteele, Lucey, Hockett None None The President of the Board of Directors and the Secretary of the District were authorized to execute a Quitclaim Deed to Thomas T. McCormick (17 Camino Encinas, Orinda) on behalf of the District; an Offer of Dedication was accepted at no cost to the District, from Thomas T. McCormick for the easement offered in the Irrevocable Offer of Dedication recorded June 25, 2001, Series 2001- 0177867 -00, Job 5522, public sewer improvements; staff was authorized to record said documents with the Contra Costa County Recorder; and Resolution Nos. 2005-003 and 2005-004 were adopted to that effect. c. Motion unanimously approved on the following vote: I AYES: Members: Menesini, Nejedly, Boneysteele, Lucey, Hockett NOES: Members: None ABSENT: Members: None The contract work for the Pleasant Hill Relief Interceptor, Phase 5, and Happy Valley Road Sewer Renovation Project, DP 5659 and 5692, by Ranger Pipelines, Inc. was accepted and the filing of the Notice of Completion was authorized. d. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Nejedly, Boneysteele, Lucey, Hockett None None 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER I Mr. Batts, General Manager, stated that there is one urgent item that would normally go on the Consent Calendar. The District has received a request for an emergency withdrawal from an employee's Deferred Compensation account. This is an urgent matter that was submitted to the District Controller's office yesterday, well after the Board Meeting agenda was posted. Utility Worker Steve Plunkett has been on a medical leave without pay since early September 2004. Mr. Plunkett has depleted his assets and urgently needs funds from his Deferred Compensation account. Waiting until the next Board Meeting to process this request would cause additional significant financial hardship to him. It is requested that the Board consider adding this matter to the agenda for consideration. The request has been reviewed by the District's Deferred 1-13-05 I I I 123 Compensation Plan Advisory Committee, and clearly meets the Internal Revenue Service requirements for an emergency withdrawal. Mr. Kenton L. Aim, Counsel for the District, stated that the criteria for adding an item to the agenda is that it came to the attention of the District after the posting of the agenda, and there is a basis of urgency for handling the matter prior to the next Board Meeting which is two weeks from now. A two-thirds vote of the Board, or unanimous vote is less than two-thirds of the Board Members are present, is required to add the matter to the agenda. It was moved by Member Menesini and seconded by Member Nejedly, that in accordance with Government Code Section 54954.2(b )(2), the Board of Directors of the Central Contra Costa Sanitary District determines that the request for emergency withdrawal of funds from the Deferred Compensation Plan came to the attention of the District subsequent to the agenda being posted and immediate action is required, and that the item be added to the agenda for consideration by the Board. There being no objection, the motion was unanimously approved. The position paper requesting emergency withdrawal of funds from the Deferred Compensation Plan was distributed. Following discussion of the late submission of the request and the suggestion that Human Resources advise employees of the options and process, it was moved by Member Menesini and seconded by Member Lucey, that the request by Utility Worker Steve Plunkett for emergency withdrawal of $6,200 from the Deferred Compensation Plan be approved as recommended by the Deferred Compensation Plan Advisory Committee. There being no objection, the motion was unanimously approved. 6. REPORTS a. GENERAL MANAGER 1) Mr. Batts, General Manager, stated that at the last Board Meeting there was discussion about celebrating the completion of the transfer of the Rossmoor Sewer System. The celebration has been scheduled for the last meeting of the Rossmoor Sewer Transfer Committee. District Board Members are invited to attend. An invitation with the details was distributed. The meeting will be held in the Board Room at the Gateway Complex on Wednesday, February 9, 2005 at 2:00 p.m. The Gateway Complex is located at 1001 Golden Rain Road in Rossmoor. 2) Mr. Batts, General Manager, stated that it is a pleasure to report to the Board that the District treatment plant had no violations of its National Pollutant Discharge Elimination System (NPDES) permit limits in 2004. This marks the seventh consecutive year of continuous compliance of NPDES effluent permit limits. The Board will receive the District's annual NPDES report for 2004 at the January 27,2005 Board Meeting. 3) Mr. Batts, General Manager, provided a wet weather update. In the first eleven days of January the treatment plant recorded over three inches of rain, with greater rainfall in other locations in the District service area. The plant received a peak flow of approximately 120 MGD and diverted excess flow to the holding basins. That flow was later returned to the plant for treatment when the high influent flows subsided. The storm was not as severe as predicted, but it did saturate the ground and frequent rain kept the plant flow at nearly double the normal dry weather flow for much of the period. 4) Mr. Batts, General Manager, reported that the District's cogeneration unit failed early on December 30,2004. The unit was removed, and a replacement unit has been installed. The replacement unit began operating on Wednesday, January 12, 2005. The cause of the failure is 1-13-05 124 5) 6) 7) under investigation. The unit that failed had been in service since May 2004. As a matter of courtesy to the District for its help, Contra Costa County has offered an invitation to District Board Members for an individual tour of the new Animal Shelter. If any Board Members are interested, please advise staff. The County expects to move into the new facility in March 2005. The County will have an open house when the new facility opens. Member Boneysteele indicated that he was interested in a tour of the new facility. I Mr. Batts, General Manager, stated that a public meeting has been scheduled for the 2005 Cured-in-Place Pipe Project. The workshop will be held on Tuesday, January 25, 2005 at 7:00 p.m. in the Gallery Room of the Orinda Library at 24 Orinda Way in Orinda. Mr. Batts, General Manager, reported that on Friday, January 7, 2005, a resident brought in several old laboratory-grade chemicals that had been left at a home in Danville by a previous resident. While assessing the chemicals, Household Hazardous Waste (HHW) Collection Facility staff found four containers of ether and one container of picric acid. The County Sheriff and the County Hazardous Materials (HazMat) Team were notified. The District HHW Collection Facility was shut down while the County crews assessed the situation. Ultimately, the County HazMat Team called in the Walnut Creek Bomb Squad for disposal of the dangerous chemicals. 8) Mr. Batts, General Manager, reported that Mr. Greg Walker of the Regional Water Quality Control Board has informed District staff that he has completed the analysis of the San Ramon Pumping Station overflow, and the report is currently under review. Mr. Walker expects that an Administrative Civil Liabilities fine proposal will be presented for consideration at the March 2005 Regional Board meeting. Mr. Walker stated that he found no material malfeasance and that the District's response and cleanup was good, but that increased oversight by the District may have prevented the overflow. These findings should result in the Regional Board proposing less than the maximum fine. I 9) Mr. Batts, General Manager, reported that a U.S. Environmental Protection Agency (EPA) inspection of the District's wastewater treatment plant was conducted by a contract engineer from the firm of Tetra Tech. The plant tour and sampling of District O&M records were done on Wednesday, January 12, 2005. Preliminary feedback from the inspection was positive about the plant, its condition, and the O&M records that were reviewed. 10) Mr. Batts, General Manager, announced that Mr. Paul Louis, Collection System Operations (CSO) Maintenance Supervisor, will be installed as the new Chair of the San Francisco Bay Section of the California Water Environment Association (CWEA) at the CWEA Bay Section annual dinner on January 21, 2005. I 11 ) Mr. Batts, General Manager, reported that a Collection System Operations (CSO) crew responded to a reported overflow in the Roundhill Country Club area of Alamo this morning. The overflow was intermittent from two manholes, and got into a storm drain and a small amount may have entered a tributary to San Ramon Creek. The creek was dammed with sandbags and pumped back into a nearby manhole. Flushing water was added. The cause of the overflow appears to have been heavy grease in the line. The line was last cleaned in May 2004. All reporting procedures 1-13-05 I I I 12) 125 are being followed, and follow up work will be done to ensure that this does not happen again. Mr. Batts, General Manager, announced that the binders for the January 27, 2005 Financial Planning and Policy Board Workshop will be distributed next week. b. COUNSEL FOR THE DISTRICT 1) Mr. Kenton L. Aim, Counsel for the District, stated that periodic legal updates are scheduled to keep the Board informed on legal issues that are being worked on. Mr. Aim stated a general overview will be provided, but that he would be happy to meet with any Board Member who wishes to have more detailed information. Mr. Aim stated that there is not a great deal of litigation going on. Over the last several months there have been three pieces of potential litigation. Mr. Aim briefly reported on the Suzanne Brown overflow claim, the Dickerson matter dealing with property rights and access to the Lower Orinda Pumping Station, and a stop notice claim which was resolved soon after it was filed, arising out of the San Ramon Pumping Station project where the District was named as a matter of course. Other claims include the Peardale Drive in Lafayette matter where the District is attempting to receive compensation or repayment for costs incurred by the District in repairing a blockage of a pipe, and the Laboratory plumbing and damage matter where the District has received a settlement offer that is being evaluated. In addition, there has been public law or advice work on a number of engineering projects including a standard joint powers agreement that would go out to the cities relative to manhole raising to improve coordination, the Treatment Plant Control Project, the Alhambra Valley sewer extension, completion of the work in Rossmoor, and the District's Standard Specifications Committee. On the administrative side there are a number of projects including the Danville property purchase, review and updating ordinances, and review of purchasing and bidding items. In looking forward there are a couple of sizable legal projects that will be started. An overall review of the District Code is planned subject to funding considerations. The standard general conditions and specifications for contract documents will be compared with other first rate public agencies to see if there is any reason to modify these documents. Mr. Aim distributed and reviewed legislation being sponsored by the California Association of Sanitation Agencies (CASA) as a result of an unfavorable appellate court ruling. There is a consensus among CASA attorneys that an attempt should be made to get legislative correction with regard to procedural safeguards afforded public agencies when dealing with the State and Regional Water Quality Control Board in hearings. There was a ruling that public agencies are not persons under the 14th Amendment; and therefore public agencies, even if they are being treated the same as an industry or an individual, do not have any due process rights. It was felt that some administrative clarification should be sought so that public agencies would be treated the same as any other person or industry for purposes of administering the Clean Water Act so that public agencies would have the same rights as an industry might have. Following discussion of the District Standard Specifications Committee and the proposed legislation relating to due process rights for public agencies, President Hockett thanked Mr. Aim for his informative report. 1-13-05 126 c. d. SECRETARY OF THE DISTRICT None BOARD MEMBERS 1) With regard to Board Committee assignments, President Hockett suggested that the Board look at the resolutions going back in time setting forth the Board committee structure, and consider what the appropriate Board Committee structure for the future should be. In the discussion that followed, it was agreed that with the addition of the Real Estate Committee, the present committee structure meets the current needs of the District. President Hockett thanked the Board Members for their input, and presented the Board Committee assignments for 2005 as follows: * First named Member will serve as Committee Chair. Recvcled Water Committee * Parke L. Boneysteele Mario M. Menesini Household Hazardous Waste Committee * Barbara D. Hockett Parke L. Boneysteele Capital Projects Committee * Parke L. Boneysteele Gerald R. Lucey Sanitation and Water AQencies of Contra Costa County Barbara D. Hockett Gerald R. Lucey - Alternate Friends of the San Francisco Estuarv Mario M. Menesini California Special Districts Association Contra Costa Countv Chapter Mario M. Menesini Parke L. Boneysteele - Alternate Personnel Committee * James A. Nejedly Barbara D. Hockett Real Estate Committee * Gerald R. Lucey James A. Nejedly 1-13-05 I I I I I I 127 Board Liaison to Cities and Countv Concord, Pachecb James A. Nejedly Danville, Alamo, San Ramon Barbara D. Hockett Lafayette, Walnut Creek Parke L. Boneysteele Martinez, Contra Costa County, Pleasant Hill Mario M. Menesini Orinda, Moraga Gerald R. Lucey 2) Following review of the candidate statements and discussion, each Board Member provided Member Menesini, the District's voting representative, with their preferred candidate for Local Agency Formation Commission Special District Representative. Member Menesini noted that the vote was 4 to 1 in favor of Mr. David Piepho, Discovery Bay Community Services District Director. 3) Member Boneysteele, Chair of the Budget and Finance Committee, reported that he and Member Menesini reviewed the expenditures and took no exception. Members Boneysteele and Menesini thanked and commended Director of Administration Randall Musgraves and Controller Deborah Ratcliff for their outstanding support to the Budget and Finance Committee during the past year. It was moved by Member Boneysteele and seconded by Member Menesini, that the Expenditure List dated January 13, 2005, including Self Insurance Check Nos. 102175-102180, Running Expense Check Nos. 153389-153841, Sewer Construction Check Nos. 27296-27355, Payroll Manual Check Nos. 49014-49019, and Payroll Regular Check Nos. 55292-55320, be approved as recommended. There being no objection, the motion was unanimously approved. Member Boneysteele reported that the Budget and Finance Committee had requested and received a review of legal services and the cost effectiveness of in-house legal services versus contracted legal services. A copy of that memo was distributed to the full Board. Member Boneysteele stated that the memo provides an overview of legal services for the past 15 years and the amount expended in the years 2000 through 2004 which has tended to decline on an absolute basis over the years, and on an inflation-adjusted basis there has been a pronounced decline in expenditures. The Budget and Finance Committee discussed this at length and felt it was appropriate to forward it to the full Board without comment because it is beyond the purview of the Budget and Finance Committee. Member Menesini stated that there was quite a bit of discussion and interchange. The Committee was surprised by the amount of interaction and the breadth of work being performed by District Counsel. 4) Member Menesini announced that he, General Manager Charles Batts, and Communication Services Manager Harriette Heibel attended the State of the City of Walnut Creek luncheon and presentation by Walnut Creek Mayor Gary Skrel. Member Menesini reported on the building and new development that is continuing in the City of Walnut Creek. Member Menesini suggested that each Board Member attend at least one of the city council meetings of the cities for which they are assigned to act as liaisons. 1-13-05 - ----- -----.--- -------------.-------------- ---- - ------------------------------ - -- --------- 128 5) Member Lucey announced that he and General Manager Charles Batts will be attending an Orinda City Council meeting in February to discuss District projects and expenditures planned for that area. 7. HUMAN RESOURCES a. ADOPT REVISED JOB CLASSIFICATION DESCRIPTION AND ESTABLISH SALARY FOR SECRETARY OF THE DISTRIClRM:M.L$6.575.58-$7.992.66) Mr. Batts, General Manager, stated that at the last Board Meeting, the Board discussed proposed changes to the job classification description and reviewed the salary for the position of Secretary of the District. The attached job classification description and salary range reflect the discussions of the Board. I It was moved by Member Lucey and seconded by Member Menesini, that the job classification description and salary of M-38 ($6,575.58-$7,992.66) be adopted for the position of Secretary of the District. There being no objection, the motion was unanimously approved. 8. APPROVAL OF MINUTES a. MINUTES OF DECEMBER 2. 2004 MINUTES OF DECEMBER 16. 2004 b. It was moved by Member Menesini and seconded by Member Lucey, that the minutes of December 2, 2004 and the minutes of December 16, 2004 be approved as presented. There being no objection, the motion was unanimously approved. 9. BUDGET AND FINANCE RECEIVE NOVEMBER 2004 FINANCIAL STATEMENTS I a. Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance (O&M) for the month of November 2004, noting that O&M expenditures were $231,000 less than budget, representing a 6.5 percent favorable variance. Year-to-date O&M expenditures were $1.6 million under budget, for a 9 percent favorable variance. Year- to-date O&M revenues of $1.7 million were $178,000 greater than budget. Ms. Ratcliff reported that year-to-date Sewer Construction Fund revenues were $7,772,000 and expenditures were $14,458,000 reducing reserves by $6.7 million. Ms. Ratcliff reported that the District's temporary investments were held in the District's Local Agency Investment Fund (LAIF) account, commercial paper, bankers' acceptances, and U.S. Treasury bills. The average yield of the District's LAIF account through November 2004 was 2.0 percent. President Hockett declared that the November 2004 Financial Statements were duly received. b. ADJOURN REGULAR BOARD MEETING AND CONVENE AS THE BOARD OF DIRECTORS OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT FACILITIES FINANCING AUTHORITY TO CONDUCT ITS ANNUAL MEETING I At 3:04 p.m., President Hockett adjourned the Adjourned Regular Board Meeting and Member Lucey, Chair of the Central Contra Costa Sanitary District (CCCSD) Facilities Financing Authority, convened the annual meeting of the CCCSD Facilities Financing Authority. Chair Lucey requested that the Secretary call roll. 1-13-05 ----.-------.-----..-..-....---.--.-----.--.-----.-..-.--...--.-..-..--..-- --'--.--..'."".-.-, --- I I I 129 PRESENT: Directors: Menesini, Boneysteele, Nejedly, Hockett, Lucey ABSENT: None Directors: Chair Lucey requested public comments, and noted that there were none. Chair Lucey stated that in accordance with the Bylaws of the Authority, it would be appropriate to elect officers at this time. By unanimous acclamation pursuant to Article III, Section 2 of the Bylaws, the following slate of officers shall be elected for 2005: 1) Chair of the Authority shall be Director Gerald R. Lucey, Chair of the Budget and Finance Committee of the District Board of Directors; 2) Vice Chair of the Authority shall be Director Barbara D. Hockett, the remaining member of the Budget and Finance Committee of the District Board of Directors; 3) Executive Director of the Authority shall be Mr. Charles W. Batts, General Manager of the District; 4) Treasurer of the Authority shall be Ms. Deborah Ratcliff, Controller of the District; and 5) Secretary of the Authority shall be Ms. Joyce E. Murphy, Secretary of the District. It was moved by Director Hockett and seconded by Chair Lucey, that the minutes of the CCCSD Facilities Financing Authority annual meeting of January 15, 2004, be approved as presented. There being no objection, the motion was unanimously approved. Ms. Deborah Ratcliff, Treasurer of the Authority, reported that in December 1994 Certificates of Participation were issued in the amount of $25 million for a 20-year period. In October 1998 revenue bonds were issued to refund all outstanding debt at 3.5 percent to 4.7 percent interest. In 2004 a final arbitrage calculation was done on the original bonds issued in 1994, resulting in receipt of $21 ,000 back from the Internal Revenue Service. There are eleven remaining years of debt service on the 1998 revenue bonds. The outstanding balance is $20,750,000 and the debt service in 2004 was $2,216,000. In May 2002 Revenue Installment Certificates in the amount of $16,565,000 were issued with a 20-yearterm and interest rates ranging from 4 percent to 5 percent. Debt service in 2004 was $743,000, which represents an interest only payment. Chair Lucey thanked Ms. Ratcliff for her report. There being no further business to come before the Board, Chair Lucey adjourned the annual meeting of the CCCSD Facilities Financing Authority at the hour of 3:07 p.m. and turned the meeting back to President Hockett. 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 11. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS President Hockett requested that information on overflow prevention devices be given out at the Permit Counter for any inquiries or requests for plan review or permits for any new construction. Staff indicated that will be done in the future. 1-13-05 130 12. . CLOSED SESSION a. REAL PROPERTY NEGOTIATIONS With respect to real property negotiations, the closed session was held pursuant to Government Code Section 54956.8. The real property which the negotiations may concern is property at the Danville Town Service Center, Assessor's Parcel Number 215-090-034, Danville, California. The District's negotiators, Messrs. Kenton L. Aim and Randall M. Musgraves, may negotiate with representatives of the Town of Danville. b. PERSONNEL MATTERS The closed session was held pursuant to Government Code Section 54957 to discuss personnel matters - public employment. The title of the position to be discussed is Secretary of the District. c. SIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section 54956.9(b), a point has been reached where in the opinion of the Board of Directors of the Central Contra Costa Sanitary District, on the advice of its Counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the District. One potential matteris to be discussed. At 3:10 p.m., President Hockett declared the closed session to discuss real property negotiations pursuant to Government Code Section 54956.8, personnel matters pursuant to Government Code Section 54957, and significant exposure to litigation pursuant to Government Code Section 54956.9(b) as noted above. At 3:55 p.m., President Hockett concluded the closed session and reconvened the meeting into open session. 13. REPORT OF DISCUSSIONS IN CLOSED SESSION No decisions were made or votes taken in closed session which require reporting at this time. 14. ADJOURNMENT There being no further business to come before the Board, President Hockett adjourned the meeting at the hour of 3:55 p.m., to reconvene at 2:00 p.m. on January 27, 2005 for an Adjourned Regular Board Meeting/Financial Planning and Policy Board Workshop. ~1~¿~ Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 1-13-05 I I I