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HomeMy WebLinkAboutBOARD MINUTES 09-04-08MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON SEPTEMBER 4, 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, September 4, 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 Utility Worker, Chris Hesse. 2. PUBLIC COMMENTS None. 3. AWARDS AND COMMENDATIONS a. PRESENTATION OF CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA) AWARDS Communications Services Manager Michael Scahill presented the Board with the CASA award for the Establishment of the Water/Wastewater Treatment Plant Operator Training Program. Senior Engineer Ba Than presented the Board with the CASA award for Outstanding Capital Improvements Project Award for 2008 for the Plant Control System Improvements Project. Board Members thanked staff for all their hard work in earning these prestigious awards. Book 58 -Page 65 Board Minutes of September 4, 2008 4. CONSENT CALENDAR It was moved by President Lucey and seconded by Member McGill to adopt the Consent Calendar as recommended. Motion passed by unanimous vote of the Board. a. Approve expenditures dated September 4, 2008. Reviewed by Budget and Finance Committee. b. Approve minutes of August 7, 2008 Board Meeting. c. Adopt Resolution 2008-090 amending Exhibit A, Designated Positions and Disclosure Categories of the District Conflict of Interest Code and authorize the Secretary of the District to complete the 2008 Conflict of Interest Code Biennial Notice and submit it to the Board of Supervisors for approval. d. Adopt Resolution 2008-091 establishing the Sewer Construction Fund Appropriations Limit in the amount of $72,428,338 for the 2008-2009 fiscal year, in accordance with Article XIII B of the California Constitution, and select the change in the local assessment roll due to local non-residential construction for use in computing the appropriations limit. e. Approve attendance of Board Member McGill at California Special Districts Association (CSDA) Special Districts Leadership Academy Training entitled "The Board's Role in Human Resources," in Thousand Oaks, California, on October 24, 2008. Establish October 2, 2008 at 2:00 p.m. as the date and time for a public hearing for Wet Weather Bypass Improvement Project Mitigated Negative Declaration, District Project 7241. g. Authorize the General Manager to execute a construction contract change order, not to exceed $110,000, with Lister Construction, Inc. for Treatment Plant Site Improvements, District Project 7251. h. First reading of the title of proposed Ordinance No. 253, entitled "An Ordinance Modifying Titles 1, 2, 5, 6, 9, 10, and 11, and Adopting Title 7, of the Central Contra Costa Sanitary District Code," and set a public hearing for October 2, 2008 at 2:00 p.m. to receive public input on and consider adoption of Ordinance No. 253. 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item 8. c. was taken out of order. Book 58 -Page 66 Board Minutes of September 4, 2008 6. ITEMS HELD OVER FROM PREVIOUS BOARD MEETINGS a. ADOPTION OF DISTRICT SALARY SURVEY FOR EMPLOYEES' ASSOCIATION, PUBLIC EMPLOYEES' UNION LOCAL ONE AND ADOPTION OF THE GENERAL MANAGER'S RECOMMENDATIONS, TO BE EFFECTIVE AUGUST 18, 2008. This item was continued from August 7, 2008. Rick Hernandez, District employee and representative of Local One, spoke on behalf of the employees and urged the Board to make the best decision for the District. He commented on the results of the salary survey and objected to anomalies in the District's organizational chart. He requested that the Board send its representatives back to negotiate with Local One regarding the survey. Local One President David Rolley rebutted comments made by President Lucey at the previous Board meeting regarding Local One's history relating to negotiations with the District. He requested that the Board address the fact that District employees are sinking down the salary chart in comparison to other agencies. President Lucey stated that the Board will discuss whether to give further instructions to its negotiators in closed session at the end of the meeting. Following the Report Out of Closed Session, the Board resumed consideration of this item. President Lucey stated that, in order not to penalize employees for the Union's recalcitrance, and in recognition of rewarding the District's excellent employees, he would move to approve the General Manager recommendations as originally presented, to be effective retroactively to July 1, 2008. Member Hockett seconded the motion. Motion passed by unanimous vote of the Board. 7. REPORTS a. GENERAL MANAGER 1) Report on proposed questionnaire to obtain input on Board Stipends and Reimbursement Policy General Manager James Kelly stated that the Board has at their places a survey and background information regarding the payment of Board stipends. He asked that Board Members complete the survey, the results of which he will use to prepare a recommendation for Board action. 2) General Manager Jim Kelly announced that the Victims Compensation and Government Claims Board voted on August 26, 2008 to accept the Lancaster Road claim against CalTrans for $122,713.76. The District Book 58 -Page 67 Board Minutes of September 4, 2008 received a letter confirming the vote. CalTrans will be forwarding a release to the District. According to the Claims Board staff, CalTrans has 30 days from receipt of the signed release to issue the check. 3) General Manager James Kelly announced that eight District employees plan to attend the Water Environment Federation Technical Conference (WEFTEC) in Chicago, Illinois from October 18 through October 22, 2008. 4) General Manager James Kelly announced that Senior Control Systems Engineer Garth Williams will be traveling out of state to witness flow laboratory calibration and testing of the venturi meter to be installed as part of the A-Line Relief Interceptor project. The meter manufacturer, Wyatt Engineering LLC, will pay the travel and lodging costs. The testing will occur in Massachusetts or Utah. The testing will occur at the first laboratory available in mid-to-late September. 5) General Manager James Kelly announced that Director of Engineering Ann Farrell has been appointed to the Water Environment Research Foundation (WERE) Research Council for athree-year term beginning January 1, 2009 and continuing through December 31, 2011. WERE is the wastewater industry's think tank, where original, peer-reviewed research is conducted to meet the needs of the wastewater community. The Research Council provides oversight and coordination of WERF's research program to ensure that the research is of benefit to the subscribers and meets the needs of the utilities. The WERE Board particularly wanted to ensure that there is a balance of utility representatives and academic representatives. Ms. Farrell's participation will be of benefit by keeping the District advised of cutting edge work being done by WERE. 6) General Manager James Kelly announced that Scott Kahlor worked as a Development Construction Inspector for the District from May 2003 to January 2005, before taking a position with a construction company in Sacramento. Mr. Kahlor will be returning to the District as a temporary construction inspector for the next six months because of increased workload related to several sewer construction projects. 7) General Manager James Kelly announced that, due to storm drain construction, the Headquarters Office Building (HOB) South Parking Lot will remain closed until Tuesday, September 2, 2008. Construction work will continue in the handicap and visitor parking slots of the HOB lot until September 12, 2008. During this time, designated visitor and handicap parking will remain across the street in the Annex parking lot. 8) General Manager James Kelly announced that District staff has been working to upgrade the Board Room window shades and to provide an Book 58 -Page 68 Board Minutes of September 4, 2008 additional viewing screen for the public. Staff has ordered shades for the Board Room and a viewing screen has also been ordered. The testing of material and the six-week per order time frame has accounted for delays. The September 18, 2008 Board meeting would be the earliest implementation and the October 2, 2008 Board meeting would be the latest. 9) General Manager James Kelly announced that Hurricane Gustav did not significantly impact the oil and gas-producing region in the Gulf of Mexico. As a result, natural gas prices dropped, and staff pre-purchased 1,000 decatherms per day of natural gas for the period of July through December 2009 at a price of $8.89 per decatherm. This is the first gas purchase for fiscal year 2009-2010. Natural gas has been pre-purchased for fiscal year 2008-2009 at $9.97 per decatherm, which is below budget. 10) General Manager James Kelly announced that there was abreak-in on the Treatment Plant Site in the early morning of September 4, 2008. An equipment trailer owned by the District's Landscape contractor was broken into. The door was pried open and several large tools were stolen. The tools were transported to a gate on the east side of the treatment plant using a golf cart owned by Occhicone. The Contra Costa County Sheriff's Department was called, and an officer responded to investigate. The Sheriff's Department report will be available in a couple of weeks. The fence and locks have been repaired/replaced, and our security procedures are being reviewed. b. Counsel for the District District Counsel Kent Alm announced that Ethics Training, in compliance with AB 1234, will be provided to Board Members and senior staff at a special Board Meeting to be held on December 11, 2008, unless the Board directs otherwise. c. Secretary of the District Secretary of the District Elaine Boehme announced that there will be no District election in November 2008 as the three incumbents, Members Hockett, Menesini, and Nejedly, are running unopposed. d. Board Members 1) Member McGill summarized the Action Summary of the September 2, 2008 Budget and Finance Committee meeting. The Board accepted the report without comments. 2) Member McGill summarized the Action Summary of the August 28, 2008 Recycled Water Committee meeting. Member Nejedly suggested sending Book 58 -Page 69 Board Minutes of September 4, 2008 out letters to encourage participation in the truck-filling program. President Lucey requested that he be kept informed of progress regarding providing recycled water to Gregory Gardens Elementary School. 3) President Lucey summarized the Action Summary of the September 2, 2008 Outreach Committee meeting. Member Menesini suggested that future Board agendas should contain regular reports on what the District is doing to be "green." Member McGill suggested that the topic could be discussed at the next Outreach Committee meeting. 4) Members McGill and Hockett reported on the August 20-23, 2008 California Association of Sanitation Agencies (CASA) Conference. 5) Member Hockett reported on the August 2008 California Association of Sanitation Agencies (CASA) Executive Board meetings. General Manager James Kelly congratulated Member Hockett on being reappointed to serve on the CASA Executive Board for an unlimited term. 6) Reports on miscellaneous business meetings attended by Board Members. Member McGill reported on his attendance at the Contra Costa Mayors' Conference, a meeting with City of Walnut Creek officials, and the Contra Costa Council Land Use and Water Task Forces. 7) Board Members unanimously supported the nomination of Stanley R. Caldwell as representative to the California Special Districts Association (CSDA) Board for Region Three. 8. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN THE AMOUNT OF $110,000, WITH HDR FOR THE ELECTRIC BLOWER RENOVATION PROJECT, DISTRICT PROJECT 7272 General Manager James Kelly stated that, on February 15, 2007, the Board authorized the existing agreement with HDR for the Electric Blower Renovation Project. Preliminary results from HDR's evaluation indicate that the District can defer the renovation of the aeration process by seven to ten years. This is possible due to the significant air loss savings achieved by the on-going aeration basin renovation project and the ability to upgrade the capacity of the existing electric blower by ten percent. The evaluation also indicated that if full treatment plant flow nitrification is to meet regulations or reclamation in the future, renovation of the existing aeration system would be needed to meet the additional air demands. The District's current aeration system may not be the best Book 58 -Page 70 Board Minutes of September 4, 2008 alternative to accomplish this requirement. A feasibility study is needed to determine the most cost effective approach for providing nitrification of the entire treatment plant flow to properly complete the electric blower study. HDR has done the Blower Study and has expertise in nitrification. HDR is evaluating if a side stream of effluent could be nitrified soon to potentially supply recycled water next summer. This will be discussed at the October Recycled Water Workshop. It was moved by Member Nejedly and seconded by Member Hockett to authorize the General Manager to execute a professional services agreement, in the amount of $110,000, with HDR for the Electric Blower Renovation Project, District Project 7272. Motion passed by unanimous vote of the Board. b. AUTHORIZE THE GENERAL MANAGER TO AMEND AN EXISTING PROFESSIONAL SERVICES AGREEMENT WITH DCM ENGINEERING FROM A COST CEILING OF $45,000 TO A COST CEILING OF $75,000, FOR DESIGN SERVICES DURING CONSTRUCTION FOR THE A-LINE RELIEF INTERCEPTOR. PHASE 2A. DISTRICT PROJECT 5980 General Manager James Kelly stated that DCM Engineering is providing geotechnical engineering support during construction for the A-Line Relief Interceptor. The project is about fifty percent complete and geotechnical issues have arisen which were not budgeted for in their original contract. The additional support costs will exceed staff authority limits for contract amendments and Board approval is requested. Senior Engineer Alex Rozul stated that the 72-inch diameter pipe was installed at the wrong slope by the contractor. This was in the area between the Home Depot and another commercial property by Galaxy Way. The laser guidance system was set at the wrong slope. He described the proposed solution, which involves pulling out the pipeline and filling in the hole. The pipe would then be reinstalled at the correct slope. It was moved by President Lucey and seconded by Member Hockett to authorize the General Manager to amend an existing professional services agreement with DCM Engineering from a cost ceiling of $45,000 to a cost ceiling of $75,000, for design services during construction for the A-Line Relief Interceptor, Phase 2A, District Project 5980. Motion passed by unanimous vote of the Board. c. CONSIDERATION OF THE FOLLOWING ITEMS REGARDING PHARMACEUTICAL AND SHARPS COLLECTION PROGRAMS 1) Approve and authorize the General Manager to execute an agreement with the Contra Costa County Office of the Sheriff for a aharmaceutical collection aroaram General Manager James Kelly stated that the disposal of pharmaceuticals and sharps is a growing issue in Contra Costa County, as well as other areas. The next three items on the agenda address separate issues regarding this subject. Book 58 -Page 71 Board Minutes of September 4, 2008 Environmental Services Division Manager Curt Swanson provided a brief presentation on the proposed County pharmaceutical collection program, which has been under discussion for some time. He stated that the problems caused by pharmaceuticals in the wastewater include endocrine disruption in aquatic life. The collection dilemma is that controlled substances must be collected by a law enforcement agency. Residents are generally unaware which drugs are controlled substances. The proposed program with the County Sheriff complies with Drug Enforcement Administration (DEA) rules. The Sheriff's Office will collect and store pharmaceuticals at the Contra Costa County Hospital, and the District will provide collection bins. A licensed vendor will pick up containers from the Sheriff's Office, and the District will contract with the vendor and pay for disposal. Pharmacists will perform periodic inventory of collected pharmaceuticals. He stated that the projected cost for the collection bins are approximately $1,500. It is expected that the cost for the program will range between $7,000 to $20,000 per year, depending upon volume. Member Menesini asked what literature could be cited relating to the effect of pharmaceuticals in the wastewater. In response to a question from Members Hockett and McGill, Mr. Kelly stated that the intent of a pharmaceutical inventory would be for the District to receive credit for the pharmaceuticals removed from the waste stream. Member Menesini suggested that an Ad Hoc Committee be formed to review the matter and see what is being done. President Lucey concurred but stated that he did not want to delay working with the Sheriff's Department on this item. It was moved by President Lucey and seconded by Member Hockett to approve a pharmaceutical collection program with the Contra Costa County Office of the Sheriff and to authorize the General Manager to execute an agreement for the collection program as recommended, with the exception of inventorying collected pharmaceuticals. Motion passed by unanimous vote of the Board. 2) Provide direction to staff regarding possible District participation in a pharmaceutical collection pilot program with the City of Walnut Creek General Manager James Kelly stated that the City of Walnut Creek and the Central Contra Costa Solid Waste Authority approached the District about participating in a six- month pilot pharmaceutical collection program through Walnut Creek City Hall as well as a mail-back program. The program would be similar in scope to the Sheriff/District Collection Program. He stated that staff is requesting direction from the Board regarding this matter and referred to the white paper in the agenda packet. Member Nejedly reported that he and President Lucey met with Paul Morsen of the Solid Waste Authority and Walnut Creek City Councilmember Sue Rainey. He stated that they suggested that the District help them with their pilot program that would entail Book 58 -Page 72 Board Minutes of September 4, 2008 people bringing pharmaceuticals to the Walnut Creek Police Department. The anticipated cost is between $10,000-$15,000. Member Nejedly stated that he would support providing funding to assist with the pilot program. Member McGill stated that he, too, met with Sue Rainey and Paul Morsen. He expressed support for the program, stating that the cost is negligible. Member Hockett stated that there is another piece to the pilot program, which is the mail-back piece. It will be restricted to Walnut Creek zip codes. The mail-back program will provide a way for homebound and disabled residents to dispose of their pharmaceuticals safely. Member Menesini reported that he also met with Sue Rainey and Paul Morsen. He stated that the District should be prepared to offer the same consideration to other cities within the District, such as Martinez, Concord, and Clayton. President Lucey concurred, but added that he did not want to slow down the pilot program. He suggested waiting to see how the pilot program progresses with the City of Walnut Creek. Member McGill concurred, but added that he would not want to preclude other cities if they come forward. Board Members directed staff to proceed with developing a pilot program with the City of Walnut Creek and the Central Contra Costa Solid Waste Authority. President Lucey created an Ad Hoc Committee of Members Hockett and Nejedly to review the pilot program and other pharmaceutical programs and report back to the Board with recommendations at the next Board Meeting. The Board agreed that the members should receive the stipend for attendance at Ad Hoc Committee meetings and should not meet more than two times. 3) Provide direction to staff regarding possible collection of sharps at the District Household Hazardous Waste Facility General Manager James Kelly stated that, as of September 1, 2008, waste medical sharps generated by households cannot be placed in the trash. There are approximately 13,000 sharps users in Central County who will annually dispose of over 4.7 million sharps. There are currently no sharps collection points set up in Central Contra Costa County. He stated that the issue is summarized in the white paper provided to the Board; one notable addition to the white paper is that the Central Contra Costa Solid Waste Authority (CCCSWA) Manager has stated that CCCSWA will pay for sharps disposal. Staff is asking for direction from the Board on the District's role in sharps collection. Book 58 -Page 73 Board Minutes of September 4, 2008 President Lucey stated that when he met with Sue Rainey and Paul Morsen, they confirmed that CCCSWA will handle the sharps disposal issue. He stressed that he does not want the District's Household Hazardous Waste Facility accepting sharps. Member Nejedly concurred, stating that it is indeed a solid waste issue. He added that the companies selling sharps should take them back. Stanley Caldwell, resident and Board Member of Mt. View Sanitary District, stated that he is an insulin-dependent diabetic and uses sharps. He urged the District to provide sharps collection for its residents until other options are available. He discussed provisions listed in the Government Code and Public Resources Code regarding Household Hazardous Waste facilities. Member McGill stated that Delta Diablo's Household Hazardous Waste Facility is accepting sharps. He stated that the cost to accept the sharps would not be high, and he stated that he would prefer that the District accept them also. Member Hockett stated that she will be meeting with the John Muir Physician Network to encourage them to allow patients to drop off sharps. She added that it is a work in progress, and there are in fact organizations that may be willing to accept sharps. Member Menesini stated that the Ad Hoc Committee should consider the issue. He objected to programs going ahead without the Board being informed. President Lucey confirmed that the Ad Hoc Committee should review the matter and report back to the Board. 9. BUDGET AND FINANCE a. REVIEW AND APPROVE THE STATEMENT OF INVESTMENT POLICY. REVIEWED BY BUDGET AND FINANCE COMMITTEE General Manager James Kelly stated that the District's investment Policy is reviewed and approved by the Board annually. Additional investment options were added last year and included CalTrust and Medium Term Notes. This year, staff does not have any proposed changes to the Investment Policy. The policy was reviewed with the Finance Committee who recommended approval. It was moved by Member Menesini and seconded by President Lucey to approve the Statement of Investment Policy. Motion passed by unanimous vote of the Board. b. RECEIVE ADJUSTED JUNE 2008 YEAR END FINANCIAL STATEMENTS Controller Debbie Ratcliff summarized the June 2008 Year-End Financial Statements. She stated that revenues over expenses for Period 12 were <$2,254,000> and were <$2,985,000> for Period 13. She compared actual and budgeted results for Operations Book 58 - Page 74 Board Minutes of September 4, 2008 and Maintenance revenues and expenses. She described the expense categories which were under or over budget. Board Member received the report without comments. c. CAPITAL IMPROVEMENT BUDGET YEAR END REPORT Director of Engineering Ann Farrell presented the Year-End Report on the Capital Improvement Budget. She summarized capital expenditures by program and capital revenues for 2007-08. She stated that the District underspent for the prior fiscal year, primarily due to project delays. 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 11. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS President Lucey requested that a closed session be scheduled to discuss performance evaluations for the General Manager, District Counsel, and Secretary of the District. 12. CLOSED SESSION The Board recessed at 4:11 p.m. to reconvene in closed session regarding: a. Conference with labor negotiators pursuant to Government Code Section 54957.6 District Negotiators: Human Resources Manager Cathryn Freitas and Director of Administration Randy Musgraves; Employee Organization: Employees' Association, Public Employees' Union, Local One. b. Conference with Legal Counsel -Anticipated Litigation -significant exposure to litigation pursuant to Government Code Section 54956.9.(b) - one potential matter. The Board reconvened in open session in the Board Room at 4:54 p.m. 13. REPORT OUT OF CLOSED SESSION President Lucey reported that, with regard to Item 12.a., the Board decided not to provide further direction to the District's labor negotiators. The Board voted on the matter in open session under Item 6.a. Book 58 -Page 75 Board Minutes of September 4, 2008 15. ADJOURNMENT There being no further business to come before the Board, President Lucey adjourned the meeting at 4:40 p.m. raid R. Lucey President of the Board of Directors, 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 76