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HomeMy WebLinkAboutBOARD MINUTES 06-05-08MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JUNE 5, 2008 The District Board of the Central Contra Costa Sanitary District convened in a regular meeting at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on Thursday, June 5, 2008. President Lucey called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Hockett, McGill, Menesini, Nejedly, Lucey ABSENT: Members: None a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance to the Flag. b. INTRODUCTIONS Board Members welcomed newly-hired Household Hazardous Waste Technician II Charles McPherson; Materials Coordinator Michelle Edwards and Staff Engineer Justin Waples. 2. PUBLIC COMMENTS None. 3. AWARDS AND COMMENDATIONS a. ADOPT RESOLUTION 2008-056 COMMENDING BILL WYGAL FOR HIS COMMITMENT TO PROTECTING THE ENVIRONMENT AND SUPPORTING THE DISTRICT'S POLLUTION PREVENTION ACTIVITIES General Manager James Kelly reported that, at the last Board Meeting, the Board recognized Bill Wygal of Bill's Ace Hardware for his pollution prevention activities and directed staff to prepare a resolution commending him for his work. It was moved by Member Menesini and seconded by President Lucey to adopt Resolution 2008-056 commending Bill Wygal on his pollution prevention activities. Motion passed by unanimous vote of the Board. Book 58 -Page 1 Board Minutes of June 5, 2008 4. 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 June 5, 2008. Reviewed by Budget and Finance Committee. b. Receive April 2008 Financial Statements. Reviewed by Budget and Finance Committee. c. Approve minutes of May 1, 2008 Board Meeting. d. Advise the Board of the closeout of Lower Orinda Pumping Station Renovation, District Project 5448. e. Advise the Board of the closeout of Vessing Sewer Renovation, District Project 5646. f. Advise the Board of the closeout of A-Line Interceptor Rehabilitation, District Project 5806. g. Advise the Board of the closeout of North Orinda Sewer Renovations, Phase 2, District Project 5833. h. Advise the Board of the closeout of Walnut Creek Sewer Renovation, Phase 5, District Project 5964. Advise the Board of the closeout of North Orinda Sewer Renovation, Phase 2.1, District Project 5968. Advise the Board of the closeout of Martinez Sewer Renovations, Phase 1, District Project 5975. k. Advise the Board of the closeout of Piping Renovations and Replacement Project, Phase 3, District Project 7234. Advise the Board of the closeout of twelve Capital Improvement Projects. m. Approve Lafayette Sewer Renovations, Phase 5, District Project 5977, for CEQA/permitting purposes and find that the project is exempt from CEQA. n. Accept the contract work for the Lower Orinda Pumping Station Renovation - Phase 2, District Project 5944, constructed by GSE Construction Company, Inc., and authorize filing of the Notice of Completion. Book 58 Page 2 Board Minutes of June 5, 2008 o. Adopt Resolution of Application 2008-057 requesting that Contra Costa LAFCO initiate proceedings to annex seven annexation parcels to the District and find that the annexations are exempt from CEQA (District Annexation 171). p. Adopt Resolution 2008-058 establishing July 3, 2008 as the date for a public hearing to consider the establishment of Via Vaqueros Alhambra Valley Assessment District No. 2008-7, pursuant to California Constitution, Article XIII D, Section 4, and Streets and Highway Code, Sections 5898.20 and 5898.24. q. Adopt Resolution 2008-059 confirming publication of a summary of District Ordinance No. 248 -adding Section 6.20.400 to the District Code regarding Customer Reimbursement of District Installation Costs. Direct staff to secure the services of an arbitrator in accordance with the disciplinary appeal procedure. s. Authorize staff to renew insurance coverage for Fiscal Year 2008-2009 excess liability, pollution (Household Hazardous Waste) liability, and employment practices liability at expiring terms and conditions, renew property coverage at rates not to exceed a five percent increase and report final Workers' Compensation premiums to the Budget and Finance Committee upon receipt. Authorize the General Manager to execute an agreement with Nexus Integration Services in an amount not to exceed $140,000 for the purchase and implementation of network upgrades. u. Increase the number of Household Hazardous Waste Technicians I/II from two to three. Recommended by Human Resources Committee. 5. HEARINGS a. CONDUCT A PUBLIC HEARING REGARDING THE ESTABLISHMENT OF THE MONTEIRA ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007-4, DISTRICT PROJECT NO. 6412 General Manager James Kelly stated that this public hearing deals with approval of the Monteira Alhambra Valley Assessment District No. 2007-4, which will serve residents who live along Monteira Lane and Reliez Valley Road. The proposed AVAD will finance construction of approximately 1,650 feet of 8-inch sewer main. Provisional Senior Engineer Tom Godsey stated that the Monteira Valley AVAD meets the AVAD criteria and will potentially serve eight properties. It consists of 360 feet of fl- inch sewer. Mr. Godsey reported that he received five votes in support of the AVAD, 0 votes opposing the AVAD, and three property owners did not submit a ballot. Book 58 Page 3 Board Minutes of June 5, 2008 The public hearing was opened and closed without comments. It was moved by Member Hockett and seconded by Member Nejedly to take the following actions as recommended by staff: (1) Find that the project is categorically exempt from CEQA (2) Adopt Resolution 2008-060 overruling protests (3) Adopt Resolution 2008-061 confirming compliance with California Constitution, Article XIIID, Section 4; (4) Adopt Resolution 2008-062 approving the Engineer's Report and assessment ordering improvement (5) Authorize the General Manager to execute an agreement with parcel owners. Motion passed by unanimous vote of the Board. b. CONDUCT PUBLIC HEARING TO RECEIVE PUBLIC COMMENTS ON THE FY 2008-2009 OPERATIONS AND MAINTENANCE BUDGET. DEBT SERVICE FUND BUDGET AND THE SELF-INSURANCE FUND BUDGET, AND FOR THE ESTABLISHMENT OF THE FY 2008-2009 SEWER SERVICE CHARGE RATES, AND ON PLACING CURRENT SEWER SERVICE CHARGES ON THE COUNTY TAX ROLL FOR COLLECTION General Manager James Kelly stated that the District Code and State Law require holding public hearings for the establishment of the Sewer Service Charge rates and placing the charges on the County tax roll for collection. Although not required by law, the District also holds a public hearing to receive comments on the 2008-2009 Operations and Maintenance Budget, Debt Service Fund Budget, and the Self- insurance Fund Budget. Controller Debbie Ratcliff presented a report, describing the assumptions made for the 2008-09 Operations and Maintenance Budget, which include an increase in the sewer service charge of $11. Expense assumptions include $5.2 million allocation for GASB 45 post retirement benefits. She compared the 2007-08 budget with the 2008-09 budget. Revenues for 2008-09 are projected to increase by 7.6 percent and expenses by 5.9 percent. The Debt Service Fund budget totals $3,867,000, and the Self Insurance Fund $3, 878, 000. The public hearing was opened and closed without comments. Member McGill reported that this was reviewed by the Budget and Finance Committee, which recommended approval. Book 58 Page 4 Board Minutes of June 5, 2008 It was moved by Member Nejedly and seconded by Member McGill to approve the Fiscal Year 2008-09 Operations and Maintenance Budget, Debt Service Fund Budget, and Self Insurance Fund Budget; to adopt Resolution 2008-063 establishing the Fiscal Year 2008-09 Sewer Service Charge rate increase of $11 for a total Sewer Service Charge of $311; and to adopt Resolution 2008-064 authorizing collection of the Fiscal Year 2008-09 Sewer Service Charges on the County Tax Roll. Motion passed by unanimous vote of the Board. 6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 7. BIDS AND AWARDS a. AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $1,153,880 FOR THE CONSTRUCTION OF CAMINO PABLO TRUNK SEWER IMPROVEMENT, DISTRICT PROJECT 5946, AND FLUSH KLEEN FORCE MAIN RENOVATION, DISTRICT PROJECT 5949, TO CALIFORNIA TRENCHLESS, INC., THE LOWEST RESPONSIVE BIDDER; FIND THAT THE PROJECT IS EXEMPT FROM CEQA; AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE THE CONTRACT DOCUMENTS General Manager James Kelly stated that, on May 20, 2008, the District received six bids for the construction of the Camino Pablo Trunk Sewer Improvement Project and the Flush Kleen Forcemain Renovation Project. The two projects were bid as one construction contract due to their close proximity. The Camino Pablo Trunk Sewer Improvement project consists of the installation of 3,000 linear feet of 8-, 10- and12-inch sewer pipe utilizing open-cut and pipebursting construction methods. The Flush Kleen Forcemain Renovation project consists of the installation of 3,400 feet of 8-inch forcemain utilizing open-cut construction methods. The contract documents require construction within Camino Pablo to be completed by August 15, 2008. He stated that staff recommends that the Board award the project to California Trenchless Inc. for $1,153,880; this is another favorable bid, as the Engineer's estimate was $2,000,000. It was moved by Member Hockett and seconded by Member McGill to award a construction contract in the amount of $1,153,880 for the construction of Camino Pablo Trunk Sewer Improvement, District Project 5946, and Flush Kleen Force Main Renovation, District Project 5949, to California Trenchless, Inc., the lowest responsive bidder; to find that the project is exempt from CEQA; and to authorize the General Manager to execute the contract documents. Motion passed by unanimous vote of the Board. Book 58 Page 5 Board Minutes of June 5, 2008 8. REPORTS a. GENERAL MANAGER 1) Report on City of Walnut Creek Planning Commission review of Collection System Operations Department Facility Improvements General Manager James Kelly reported that, on Wednesday, June 4, 2008, staff returned to the Walnut Creek Design Review Commission for their second review of the Collection System Operations Improvements project before referring it to the Planning Commission. The project will go to the Planning Commission on June 10, 2008. Director of Engineering Ann Farrell provided a report on the findings of the Design Review Commission. She stated that the total approved project budget is $800,000, with total potential expenditures being $920,000. $325,000 of the Board-authorized $800,000 as been spent to date. The budget status will be reviewed after the July 16, 2008 Design Review Commission meeting. She stated that staff authority has been used to the limit. The next steps are to attend the Planning Commission meeting on June 10, 2008, and to update drawings to reflect the comments from the Design Review Commission and Planning Commission. The final review by the Design Review Commission is scheduled for July 16, 2008. Design of the building interior has been started in parallel and staff is optimizing building layout within the agreed-upon footprint to make the best use of space. The goal is to put the project out to bid in early 2009. 2) General Manager James Kelly announced that the Grand Jury will visit the Headquarters Office Building and Plant Operations Division on Tuesday, June 17, 2008 from 1:30 p.m. to 3:00 p.m. The group will consist of 20-25 participants. They have requested an overview of the District's services, as well as the goals, objectives, and challenges faced. The group specifically requested a plant tour. Foreperson Jerry Holcombe will be heading the group. 3) General Manager James Kelly announced that the District will host a public workshop on the South Orinda Sewer Renovation (Phase 3), District Project 5985, on Thursday, June 19, 2008, from 7:00 p.m. to 8:00 p.m. at the Orinda Intermediate School's Multi-Purpose-Room located at 80 Ivy Drive in Orinda. This is the third phase of sewer renovations in southern Orinda. Approximately 7,500 linear feet of 6-and 8-inch sewer lines will be replaced in various locations. The project will go out for bid in July with the bid opening scheduled for August. Book 58 Page 6 Board Minutes of June 5, 2008 The District is coordinating the project construction with the City of Orinda and East Bay Municipal Utility District to minimize traffic impact on Moraga Way, Saint Mary's Road, and Moraga Road. 4) General Manager James Kelly announced that the District was informed by the National Association of Clean Water Agencies (NACWA) that the District's treatment facility has received the Platinum 10 Peak Performance Award for ten years of consecutive permit compliance. The treatment facility will be recognized in a presentation during the July 16, 2008 Awards Ceremony at the NACWA Summer Conference and 38tH Annual Meeting being held in Anchorage, Alaska. 5) General Manager James Kelly announced that Buildings and Grounds Supervisor Harry Wyles passed away on Tuesday, May 20, 2008. Harry was an employee of the District for four years, and he will be missed. Funeral service was held on Friday, May 23, 2008 at Pittsburg Funeral Chapel. The family has requested that donations be made to Vitas Hospice of East Bay located at 365 Lennon Lane, No. 140, Walnut Creek, CA 94598. 6) General Manager James Kelly announced that Assembly Bill 1825 mandates two hours of Harassment Avoidance Training for supervisors every two years. The District will be holding this training on June 25 and June 26, 2008, in the Board Room from 9 a.m. to 11 a.m. and from 1 p.m. to 3 p.m. The training will also be held at Collection System Operations on June 30, 2008, after the monthly staff meeting. Diane O'Malley, a partner from the District's labor law firm of Hanson, Bridgett, will be the presenter. 7) General Manager James Kelly announced that recycled water rates will be increased by 3 percent on July 1, 2008, in accordance with the Recycled Water ordinance adopted by the Board. Board action is not needed to implement the rate increase because the increase was built into the ordinance. This increase is consistent with the increase in water rates by the Contra Costa Water District (CCWD). The District's rates remain at about 80 percent of Contra Costa Water District's rates. Staff will be mailing out informational letters to recycled water customers in early June. 8) General Manager James Kelly announced that, at the May 1, 2008 Board meeting, residents on the private road section of Wanda Way informed the Board that their road did not receive a 3-inch minimum asphalt pavement thickness as stated in their Easement Purchase Agreement. District staff has evaluated several paving options and determined that the best way to ensure the minimum thickness is to install an overlay of 1-'/ inches of new Book 58 Page 7 Board Minutes of June 5, 2008 asphalt over the current road. Pavement overlay work is planned for completion in June. 9) General Manager James Kelly announced that the District Code revisions will soon be ready for Board approval and adoption. The July 17, 2008 public hearing will be set at the June 19, 2008 Board meeting. 10) General Manager James Kelly announced that the problem of Compact Fluorescent Lamp (CFL) disposal was covered in an ABC Channel 7 News report on Sunday, May 18, 2008. The Household Hazardous Waste Collection Facility was featured in the story, and Communication Services Manager Michael Scahill was interviewed. 11) General Manager James Kelly announced that the second year of the Leadership Development Program was completed on May 14, 2008. Certificates of completion were awarded and lunch was provided for participants, their sponsors, and guests after the certificate award. The Dublin-San Ramon Services District has decided to continue the program in the fall. 12) General Manager James Kelly announced that the District's Water/ Wastewater Operator Training Program, which the District started a year ago, will begin its third semester in August. The program has grown from three classes administered at the District and sponsored by ten agencies, to a total of six classes administered at the District, Pleasanton, and Oakland and sponsored by fifteen agencies. A true indicator of the program's success is the registration of 110 students in less than a week for the six classes, 50 of which are returning students. The high registration was accomplished without advertising. A Solano College representative noted that other colleges in the country would envy the success of this program. 13) General Manager James Kelly announced that CASA is soliciting applications for their 2008 Achievement Awards. District staff plans to submit the New Treatment Plant Control System Improvements Project (Technological Achievement and Outstanding Capital Improvement Categories); and the Wastewater Operator Training Program (Organizational Innovation Award) for consideration. Winners will be announced at the August 2008 CASA Conference in Monterey. If either project wins, the award(s) will be presented at the January 2009 CASA Conference in Indian Wells. 14) General Manager James Kelly announced that District Household Hazardous Waste (HHW) staff are no longer accepting appointments for the Household Hazardous Waste event this weekend in San Ramon. As of June 4, 2008, HHW had over 500 appointments. The size of the facility Book 58 Page 8 Board Minutes of June 5, 2008 and parking accommodations determine the number of participants. Last year's event served 352 participants. An update of the event will be provided for the June 19, 2008 Board meeting. Announcements 2-14 were provided as written announcements. b. COUNSEL FOR THE DISTRICT Acting District Counsel Ben Reyes stated that there were no reports. c. SECRETARY OF THE DISTRICT 1) Report on Senate Bill 343 Pertaining to Agenda Materials Secretary of the District Elaine Boehme reported that Senate Bill 343 goes into effect on July 1, 2008. The bill adds mandates to the Brown Act ensuring the availability to the public of agenda materials that are distributed to a majority of the legislative body after distribution of the packet. To address these requirements, any materials relating to matters on the agenda that are distributed after the Board Binder goes out will be available in the lobby in aseparately-labeled binder. Copies of material handed out at the Board meeting will also be available in the Board Room during the meeting. These requirements also apply to Board Standing Committees. Wording will be added to the front of the Board Agenda and Committee agendas as required by SB 343. 2) Inclusion of community and other meetings on weekly calendars Secretary of the District Elaine Boehme reported that an upcoming events log will be attached to the e-mail distributing Board calendars. This will facilitate Board Members seeing upcoming events at a glance, as well as receiving flyers as they are issued. d. BOARD MEMBERS 1) Member McGill reported on the June 2, 2008 Budget and Finance Committee meeting and summarized the Action Summary. 2) President Lucey reported on the May 22, 2008 Human Resources Committee meeting and summarized the Action Summary. 3) Reports on miscellaneous business meetings attended by Board Members. Book 58 Page 9 Board Minutes of June 5, 2008 Member McGill reported on his attendance at the California Special Districts Association (CSDA) Training, Mountain View Sanitary District Anniversary celebration, EBMUD Breakfast, and Contra Costa Council Installation Dinner. He announced he will be attending the Contra Costa Mayors' Conference dinner on June 5, 2008. Member Hockett reported on her attendance at Contra Costa Council Water Task Force meeting, the EBMUD Breakfast, the Contra Costa Council Major Drivers meeting, the Contra Costa Council Installation Dinner. She announced she will be attending the Contra Costa Mayors' Conference dinner on June 5, 2008. President Lucey reported on his attendance at the City of Orinda City Council meeting. He announced that he will attend the Local Agency Formation Commission (LAFCO) meeting on June 11, 2008 and plans to attend the next Contra Costa Special Districts Association (CCSDA) meeting. 4) Announcements President Lucey asked Director of Administration Randy Musgraves to distribute information regarding Proposition B for the City and County of San Francisco, "Changing Qualifications for Retiree Health and Pension Benefits and Establishing a Retiree Health Care Trust Fund." Member Hockett announced that she is participating in a project of the CASA Executive Board to develop a branding manual for the wastewater industry. Member Menesini announced the upcoming Environmental Alliance meeting on Monday, June 16, 2008. The speaker will be Mitch Avalon, Deputy Director of Contra Costa County Public Works Department, who will speak on The Issues of Alhambra Creek Beavers Coexisting in an Urban Environment. 9. ADMINISTRATIVE a. ADOPT A RESOLUTION CALLING FOR A NOVEMBER 4, 2008 ELECTION, REQUESTING CONSOLIDATION OF THE ELECTION OF DISTRICT BOARD MEMBERS WITH THE STATEWIDE GENERAL ELECTION, AND SETTING FORTH DISTRICT REGULATIONS FOR CANDIDATE STATEMENTS Secretary of the District Elaine Boehme reported that, as the Board is aware, there is a District election coming up on November 4, 2008 to fill three Board Member positions. A resolution calling for the election and requesting consolidation is required by the Elections Book 58 Page 10 Board Minutes of June 5, 2008 Code. The Board also must decide what requirements to impose on candidate statements with regard to cost and number of words. In 1996, because of the prohibitive cost of candidate statements for the District compared to other agencies, the Board of Directors determined that each candidate would only pay $500 towards the cost of the statement and the District would pay the balance. That has been the practice in each election since that time. In 2006, the total cost for each statement was $3,620. In previous elections the candidate statement size was limited to 400 words. In 2002 the County increased the font size of candidate statements, causing statements of more than 300 words to require two pages, and doubling the cost. For the 2004 election, the Board voted to reduce the word limit on candidate statements to 300 words, which limits the size to one page. The Board has the option of reaffirming the candidate statement cost sharing arrangement whereby the candidate pays $500, and 300-word limit, or may choose to make changes. It is recommended that the Board adopt a resolution requesting consolidation of the election of District Board Members with the Statewide General Election to be held on November 4, 2008, and reaffirming or modifying the District regulations for candidate statements. It was moved by Member Nejedly and seconded by Member McGill to adopt Resolution 2008-065, calling for the November 4, 2008 election, requesting consolidation of the election with the statewide election, and confirming prior candidate statement requirements of 300 words and $500 cost to the candidate; and directing the Secretary of the District to file the resolution with the County Elections Department and County Board of Supervisors. Motion passed by unanimous vote of the Board. 10. ENGINEERING a. APPROVE INITIATION OF NON-TREATMENT PLANT FACILITIES SEISMIC IMPROVEMENTS PROJECT, DP 8226 TO BE FUNDED FROM THE GENERAL IMPROVEMENTS PROGRAM; FIND THAT THE PROJECT/AGREEMENT IS EXEMPT FROM CEQA; AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AMENDMENT TO A PROFESSIONAL ENGINEERING SERVICES AGREEMENT FOR THE TREATMENT PLANT EMERGENCY PREPAREDNESS AND RESPONSE PROJECT, DP 7267, AND THE NON- TREATMENT PLANT FACILITIES SEISMIC IMPROVEMENTS PROJECT, DP 8226 IN AN AMOUNT NOT EXCEED $127.000 WITH COMPLETE PROJECT SOLUTIONS, INC. General Manager James Kelly stated that new California Building Codes were adopted and were effective in January 2008. Preliminary analysis found that a large seismic Book 58 Page 11 Board Minutes of June 5, 2008 event could lead to significant damage at the Headquarters Office Building and 4737 Imhoff Place (the Warehouse). Senior Engineer Ba Than presented a report, stating that the District facilities are located less than one mile from the Concord fault line. The last major quake on this fault was in 1955, and was at 5.4 magnitude. The fault has an expected maximum earthquake magnitude of 6.7. The probability of a 6.7 magnitude earthquake in next 25 years is about 6 percent. The non-treatment facilities were evaluated, including the Annex Buildings (former Animal Shelter), 4737 Imhoff Place (Warehouse), and Headquarters Office Building (HOB). 4737 Imhoff Place key findings were that this type of structure has exhibited poor performance in earthquakes and would be liable to collapse. The Annex was assessed as having low to moderate impact from an earthquake. The HOB findings were that the building does not meet FEMA's Collapse Prevention criteria. It is recommended that a second opinion be obtained on the HOB to validate the initial findings. Professor Steve Mahin from UC Berkeley will provide an opinion on the HOB Phase II findings by the end of June 2008. Next steps include a Phase II analysis on 4737 Imhoff Place, the Plant Operations Building undergoing Phase I and Phase II work, and Phase III work for HOB. An Request For Proposal (RFP) will be prepared for the Treatment Plant facilities for seismic evaluation. The non-treatment facilities evaluations should be completed by October 2008. In summary, Mr. Than stated that the probability of a major quake is low. However, if there is a major quake on the Concord fault, the potential exists for significant damage to the HOB and 4737 Imhoff Place. He added that the District is not under any mandate to upgrade the facilities, and the study results will assist the Board in determining the next steps. He stated that staff recommends approval of the project and additional study. President Lucey stated that he was not aware that there was a seismic issue prior to this presentation. General Manager James Kelly reported that the study was done under staff authority and was just completed. President Lucey agreed that more information is needed with regard to the HOB, but questioned the need to spend more money on 4737 Imhoff Place and the former animal shelter. He stated that the Warehouse may not be worth salvaging and should be rebuilt if there is an earthquake. He questioned the need for computer modeling and analysis on 4737 Imhoff Place. Member McGill stated that staff needs to move ahead quickly and get a better understanding of the problem. Book 58 Page 12 Board Minutes of June 5, 2008 President Lucey suggested demolishing the Warehouse in the near future but proceeding with obtaining additional information on the HOB. He stated that the Warehouse is old and it is not worth investing more money in it. Member Menesini expressed concern for possible loss of life if there is a significant earthquake. He agreed that staff should find out what it would cost to retrofit the buildings. He suggested utilizing US Geological Survey information for developing the earthquake magnitudes as they have a lot of information on this topic. President Lucey inquired whether tenants should vacate 4737 Imhoff Place, and asked Counsel about the District's liability. Acting District Counsel Ben Reyes stated that his office could conduct a risk assessment but added that he preferred not to discuss liability issues in a public meeting. Member McGill commented that the data provided indicates the District has a 6 percent chance of a major quake. He stated that staff needs to determine the aggregate potential of the critical threshold acceleration that will cause a problem. Member Hockett commented that the District would be remiss in not taking the opportunity to address the problem now that is has been presented. She supported obtaining as much information as possible and then determining how to proceed. It was moved by Member McGill and seconded by Member Hockett to approve the initiation of Non-Treatment Plant Facilities Seismic Improvements Project, DP 8226 to be funded from the General Improvements Program; found that the project/agreement is exempt from CEQA; and authorized the General Manager to execute an amendment to a professional engineering services agreement for the Treatment Plant Emergency Preparedness and Response Project, DP 7267, and the Non-Treatment Plant Facilities Seismic Improvements Project, DP 8226 in an amount not exceed $127,000 with Complete Project Solutions, Inc. Motion passed by the following vote of the Board: AYES: Members: Hockett, McGill, Menesini NOES: Members: Nejedly, Lucey ABSTAIN: Members: None Member Menesini added that he is concerned that the $127,000 may not be sufficient and asked that staff return to the Board as soon as possible with an update. Book 58 Page 13 Board Minutes of June 5, 2008 11. TREATMENT PLANT a. AUTHORIZE THE GENERAL MANAGER TO PREPURCHASE NATURAL GAS THROUGH A SERVICE AGREEMENT WITH SHELL ENERGY NORTH AMERICA, LP, (FORMERLY CORAL ENERGY RESOURCES) FOR THE PERIOD OF JUNE 1.2008 THROUGH DECEMBER 31.2009 General Manager James Kelly stated that natural gas prices have increased 19 percent over the past year and have continued to increase in recent weeks. Staff has pre- purchased natural gas through June 2008 at an average price of $8.28 per decatherm, but has not pre-purchased any natural gas for fiscal year 2008-2009. Director of Plant Operations Doug Craig presented a report, stating that the District uses 420,000 decatherms of natural gas per year, and $4,548,000 has been budgeted for 2008-09, which is 8.2 percent of the District budget. The cogeneration system uses 95 percent of the natural gas and 90 percent of treatment plant electrical power. No gas has been pre-purchased for fiscal year 2008-09 and there have been no recent buying opportunities. The current next-day price for natural gas is $12 or more per decatherm. He discussed the advantages and disadvantages of cogeneration versus PG&E. PG&E prices are also unpredictable and cogeneration has additional value for its reliability. The high gas prices are caused by greater global demand, the weak US dollar, low liquefied natural gas imports, and weather. Liquefied natural gas imports are down more than 50 percent from last year. He concluded his presentation, stating that gas prices are likely to remain high and that staff will continue to monitor for buying opportunities. If gas prices spike, a cogeneration shutdown may be necessary. He stated that staff recommends authorizing the General Manager to pre-purchase natural gas through a service agreement with Shell Energy for the period of June 1, 2008 through December 31, 2009 at a price not to exceed $12 per decatherm. It was moved by Member Hockett and seconded by Member Nejedly to authorize the General Manager to prepurchase natural gas through a service agreement with Shell Energy North America, LP, (formerly Coral Energy Resources) for the period of June 1, 2008 through December 31, 2009 at a price not to exceed $12 per decatherm. Motion passed by unanimous vote of the Board. 12. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. Book 58 Page 14 Board Minutes of June 5, 2008 13. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Menesini requested an update on the findings of the seismic studies and retrofitting options when completed. Member McGill requested that an item be placed on the Board agenda to consider moving Committee Reports to be heard before the Consent Calendar on the Board agenda, thereby allowing Committee Members to comment on items that they have reviewed which appear on the Consent Calendar for approval. General Manager stated that he will present a report on ammonia issues facing the District on an upcoming agenda. 14. CLOSED SESSION The closed session was not held. 15. REPORT OUT OF CLOSED SESSION None. 16. ADJOURNMENT There being no further business to come before the Board, President Lucey adjourned the meeting at 3:36 p.m. eral R. Lucey President of the Board of Dir ctors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: ~~~ Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Book 58 Page 15