Loading...
HomeMy WebLinkAboutBOARD MINUTES 09-18-08 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON SEPTEMBER 18, 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 18, 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 Chemist I, Jackeline Campos and congratulated Roy Manes on his promotion to Buildings and Grounds Supervisor and Molly Mullin on her promotion to Senior Right of Way Agent. 2. PUBLIC COMMENTS None. 3. AWARDS AND COMMENDATIONS a. ADOPT RESOLUTION ENCOURAGING AND PROMOTING POLLUTION PREVENTION AND DECLARING SEPTEMBER 15 -21, 2008, POLLUTION PREVENTION WEEK Following a presentation by Assistant Engineer Melody LaBella, it was moved by Member Menesini and seconded by President Lucey to adopt Resolution 2008-092, declaring September 15-21, 2008 as Pollution Prevention Week. Motion passed by unanimous vote of the Board. b. ACKNOWLEDGE HIGH SCHOOLS PARTICIPATING IN MERCURY REDUCTION PROGRAM General Manager James Kelly reported that the District started a high school Pollution Prevention Audit Program in its service area in 2007 as a component of the District's Book 58 - Page 77 Board Minutes of September 18, 2008 mercury control program. The audits were completed earlier this year and several high schools stood out. An important element to this pollution prevention audit program is to recognize the successes of these high achieving school sites. Source Control Program Superintendent Tim Potter presented information on the program to promote mercury reduction in high schools. The program works to eliminate mercury sources at schools, including mercury thermometers and elemental mercury. He stated that Acalanes High School in Lafayette, Campolindo High School in Moraga, Las Lomas High School in Walnut Creek, Miramonte High School in Orinda, and Alhambra High School in Martinez will be recognized for their achievements. He stated that several other schools have achievement awards pending. He added that staff will work with the Outreach Committee to have Board Members attend the School Board meetings to present the awards in person. c. PRESENTATION OF 2008 POLLUTION PREVENTION AWARDS Following a presentation by Source Control Program Superintendent Tim Potter, Board Members presented Pollution Prevention Awards to: Chamois Car Wash (car washing service) - absent Del Monte Foods Technology Center (food research) Elephant Pharmacy (pharmacy) Hagin’s Automotive (automotive repair service) Valley Waste Management (recycling) Walnut Creek Ace Hardware (hardware store) 4. CONSENT CALENDAR It was moved by Member Menesini and seconded by President Lucey to adopt the Consent Calendar as recommended. Motion passed by unanimous vote of the Board. a. Approve expenditures dated September 18, 2008. Reviewed by Budget and Finance Committee. b. Receive July 2008 Financial Statements. Reviewed by Budget and Finance Committee. c. Adopt Resolution 2008-093 establishing October 16, 2008, as the date for a public hearing to consider the establishment of Creekside Oaks Alhambra Valley Assessment District (AVAD) No. 2007-5 pursuant to California Constitution, Article XIII D, Section 4, and Streets and Highways Code, Sections 5898.20 and 5898.24. d. Advise the Board of the closeout of the Electrical Cable Replacement Project, Sub 40, District Project 7271. Book 58 - Page 78 Board Minutes of September 18, 2008 e. Adopt Resolution of Application 2008-094 to initiate LAFCO proceedings for District Annexation 173, including the finding that annexation of each property in Annexation Parcels 173-1 through 173-16 is exempt from CEQA under District CEQA Guidelines Section 15319. f. Adopt revised public information and records policy, including the schedule of fees or deposits to be collected. g. Adopt Resolution 2008-095 confirming publication of a summary of District Ordinance No. 252 (Uncodified) – establishing reimbursement fees applicable to properties that connect to Job 5177 (Danville Boulevard, Alamo) special sewer facilities; and Job 6421 (Amberwood Lane, Walnut Creek) standard sewer facilities. h. Authorize extension of medical leave of absence without pay for Utility Worker Maralee Davi through November 7, 2008. 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 6. BIDS AND AWARDS a. AWARD A SERVICE CONTRACT IN THE AMOUNT OF $306,800 FOR THE OF MINICAM TELEVISION INSPECTION OF SANITARY SEWERS, PHASE A, DISTRICT PROJECT 5547, TO ROTO-ROOTER SEWER SERVICE, THE LOWEST RESPONSIVE BIDDER, AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE THE CONTRACT DOCUMENTS SUBJECT TO SUBMITTAL REQUIREMENTS General Manager James Kelly reported that the proposed project would inspect sewers in Orinda, Walnut Creek, and Lafayette that could not be inspected with a normal camera. It was moved by Member Menesini and seconded by Member McGill to award a service contract in the amount of $306,800 for the Minicam Television Inspection of Sanitary Sewers, Phase A, District Project 5547, to Roto-Rooter Sewer Service, the lowest responsive bidder, and to authorize the General Manager to execute the contract documents subject to submittal requirements. Motion passed by unanimous vote of the Board. 7. REPORTS a. GENERAL MANAGER a) General Manager James Kelly announced that AIG insurance carrier is experiencing financial difficulties. The District has three insurance policies Book 58 - Page 79 Board Minutes of September 18, 2008 with AIG subsidiary companies. The District’s insurance broker is Alliant Insurance Services. The District’s Self Insured Retention (SIR) for general liability claims is $1,000,000. Fiscal year 2008-2009 premiums have already been paid. There could be a potential risk to the District if a loss occurred that exceeded the SIR, and AIG could not pay it. There are no outstanding claims from the District with AIG or their subsidiaries. Staff will continue to work with Alliant Services to address options for the District. The District’s excess liability policy is with Insurance Company of the State of Pennsylvania at $15,000,000 limit per occurrence and a $1,000,000 per occurrence retention. Our pollution policy for Household Hazardous Waste is with American International Specialty Lines Insurance Company at $10,000,000 per occurrence and a $50,000 per occurrence retention. The Fiduciary Liability policy is with National Union at $1,000,000 per occurrence and a $5,000 deductible. At this time it is unclear how the difficulties of the parent company will affect the subsidiaries' ability to pay claims. However, AM Best has downgraded all three of these subsidiary companies as well as the parent, AIG. Staff will continue to monitor this matter, and keep the Budget and Finance Committee and Board informed. b) General Manager James Kelly announced that the 72-inch Reinforced Concrete Pipe that was installed at the incorrect grade has been removed and successfully re-installed at the correct line and grade. The grade correction, which took about four weeks to complete, was completed on September 17, 2008. c) General Manager James Kelly announced that the Board has directed staff to look at a number of options to increase public outreach on the availability of recycled water for construction and other non-potable purposes. Both East Bay Municipal Utilities District and the Contra Costa Water District have links on their websites to the District’s Recycled Water website page. Options being explored include: · Press release to area news outlets · Paid advertisement in East Bay Business Journal · Notices to Contra Costa Builders Exchange, Contra Costa Pest Control Association, Builders Green Sheets · Mailers to Contra Costa contractors · Use of County Quarry client list · Notice in Pipeline (November mailing date) Book 58 - Page 80 Board Minutes of September 18, 2008 In addition, staff is exploring the feasibility of installing another recycled water hydrant farther south on the system in Pleasant Hill. Many of the interest calls received express an unwillingness to drive north to the current hydrant in the unincorporated area of North Concord near the airport. d) General Manager James Kelly announced the retirement of Public Information and Graphics Supervisor Ken Grubbs, after 33 years of employment with the District. b. Counsel for the District No reports. c. Secretary of the District No reports. d. Board Members 1) Member McGill summarized the Action Summary of the September 15, 2008 Budget and Finance Committee meeting. The Board accepted the report without comments. 2) Member Nejedly summarized the Action Summary of the September 11, 2008 Ad Hoc Committee on Pharmaceuticals and Sharps. The Board accepted the report without comments. 3) Member Nejedly summarized the Action Summary of the September 17, 2008 Real Estate Committee meeting. The Board accepted the report without comments. 4) Reports on miscellaneous business meetings attended by Board Members. Member McGill reported on his recent attendance at the Contra Costa Mayors’ Conference meeting in Antioch, his presentation to the City of Pleasant Hill City Council, the Contra Costa Council Water Task Force meeting, and the Contra Costa Council Land Use Task Force meeting. Member Menesini reported on his attendance at the Contra Costa Watershed Forum. Book 58 - Page 81 Board Minutes of September 18, 2008 8. ADMINISTRATIVE a. CONSIDER ADOPTING A RESOLUTION REVISING THE BOARD MEMBER MEETING AND COMPENSATION REQUIREMENTS AND ADOPTING A REIMBURSEMENT POLICY PURSUANT TO AB 1234 General Manager James Kelly reported that input from Board Members was obtained regarding their opinions on for which meetings the stipend should be paid. A Position Paper is presented for the Board’s consideration and input on any further transparency concerns are invited. President Lucey stated that, while he has no problem with the recommendations contained in the Position Paper and resolution, he would like language to appear on the Board agenda that lists the meetings that Board Members have attended for which they get paid. Member McGill concurred with President Lucey and suggested that, when timing permits, meetings could be announced in advance. He suggested that the agenda should show three categories of meeting – meetings attended for which the stipend was paid; meetings attended for which the Board Member’s expenses were paid; and other meetings of interest for which Board Members received neither the stipend nor reimbursement. Member Hockett pointed out that the minutes already contain Board Member reports on meetings that they have attended for which they received reimbursement or the stipend. She stated that it may be difficult to announce meeting attendance in advance, due to timing and scheduling issues. Member Menesini agreed that it is informative to hear reports on the meetings that Board Members have attended. Member Nejedly stated that he does not have a strong opinion regarding whether or not the meeting should be listed on the agenda, but agreed that transparency is important. In response to a question from Member McGill, District Counsel Kent Alm confirmed that the resolution fully complies with the requirements of AB 1234. It was moved by President Lucey and seconded by Member Menesini to refer the matter back to staff, with the understanding that the Board concurred with the recommendations contained in the Position Paper and resolution, to develop options for agenda wording regarding meeting reports. Motion passed by the following vote of the Board: AYES: Members: McGill, Menesini, Nejedly, Lucey NOES: Members: Hockett ABSTAIN: Members: None Book 58 - Page 82 Board Minutes of September 18, 2008 9. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT TO JOIN THE BAY AREA RECYCLED WATER COALITION (BARWC) TO SEEK FEDERAL FUNDING FOR THE A-LINE RECYCLED WATER PROJECT UNDER TITLE XVI General Manager James Kelly stated this is part of an ongoing effort to become a player in recycled water and become knowledgeable about funding mechanisms for recycled water. Assistant Engineer Melody LaBella explained the process and potential benefits of joining the coalition to seek federal funding for our A-line recycled water project. BARCW is coalition of Bay Area agencies, organized by Delta Diablo Sanitation District, to pursue a regional approach for obtaining Title XVI federal funding for recycled water projects. The membership cost is determined by dividing the cost for a shared lobbyist over the number of projects submitted for funding. The membership cost is expected to be between $10,000 and $20,000. The fee provides for federal advocacy efforts to pass funding legislation for recycled water projects. Ms. LaBella stated that the projects must be well defined to initiate federal funding requests, and require completion of a feasibility study and NEPA (federal equivalent of CEQA). The cost for preparing this documentation is approximately $200,000. The United States Bureau of Reclamation must approve a feasibility study and NEPA before appropriations can be made. The District’s A-Line project may be a project eligible for funding. This effort may also be useful in the future as the District pursues funding for larger recycled water projects. It was moved by Member Hockett and seconded by Member McGill to authorize the General Manager to execute a Memorandum of Agreement to join the Bay Area Recycled Water Coalition (BARWC) to seek federal funding for the A-Line Recycled Water Project under Title XVI. Motion passed by unanimous vote of the Board. b. APPROVE AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE AGREEMENT(S) WITH THE CITY OF WALNUT CREEK AND CENTRAL CONTRA COSTA SOLID WASTE AUTHORITY FOR A PHARMACEUTICAL DROP-OFF COLLECTION PILOT PROGRAM. DIRECT STAFF TO DEVELOP A PILOT MAIL-BACK PROGRAM FOR BOARD CONSIDERATION AT A FUTURE MEETING General Manager James Kelly stated that the Ad Hoc Committee met. Staff is working on developing metrics and how to inform all the Cities and the County of the proposed pilot effort and the results. Environmental Services Division Manager Curt Swanson stated that staff is seeking approval for a six-month pilot program to collect unwanted pharmaceuticals in the city of Book 58 - Page 83 Board Minutes of September 18, 2008 Walnut Creek. Agreement would be executed with the City of Walnut Creek and the Solid Waste Authority for a pharmaceutical drop-off pilot program.. In response to a question from Member Menesini, General Manager James Kelly stated that, while he did not know whether the Solid Waste Authority had voted on the program, they had budgeted money to address the pharmaceutical issue, a portion of which will be used to buy the drop-off box and to advertise. Mr. Kelly stated that the mail-back component of the program is not as well developed, but the Solid Waste Authority will pay for the envelopes and pay for the postage. Police surveillance will be provided by the City of Walnut Creek. Mr. Swanson stated that the drop-off program complies with federal law and Drug Enforcement Agency (DEA) regulations. Residents will drop of pharmaceuticals at a collection bin located near the Police Department at City Hall in Walnut Creek. The District would be responsible for paying for disposal of the pharmaceuticals, which will cost between $3,500 to $10,000. Mr. Swanson stated that there is a mail-back component that was suggested for the homebound or people who are unable to drive. Staff is not seeking approval at this time, but would like concurrence for staff to further develop that component with the Solid Waste Authority, the City of Walnut Creek and the Postal Service. Staff will present the information the Ad Hoc Committee and then the full Board for consideration. He concluded his report, stating that the pilot program will be evaluated at the end of the six-month period, and staff will be developing metrics and evaluation criteria. In response to a question from President Lucey, Mr. Kelly stated that the goal of the Solid Waste Authority is to have a limited program located in Walnut Creek, but they are still working out the details. He stated that the area to be covered is still undecided but will likely focus on Walnut Creek. President Lucey objected to Walnut Creek being the only city to benefit from the collection program and asked that the matter be brought back to the Board before any commitments are made. Member Menesini concurred with President Lucey. He stated that the rest of the cities the District serves are not represented. He added that there do not appear to be any parameters to the pilot program relating to testing or program results. Nor is there any clear timeline for the beginning and end of the pilot program. He stated that he would like to see the matter brought back with more information regarding how the other cities in the District will be served. Member McGill stated that both the drop-off and mail-back programs should be considered together. Action needs to be taken quickly. Additional information is needed regarding the mail-back program, such as what the Solid Waste Authority will pay for and who can use the service. Book 58 - Page 84 Board Minutes of September 18, 2008 President Lucey stated that he is ready to vote on the matter. He stated that he will not vote to support a pharmaceutical mail-back program that serves only Walnut Creek residents. It was moved by Member Nejedly and seconded by Member Hockett to approve and authorize the General Manager to execute agreements with the City of Walnut Creek and Central Contra Costa Solid Waste Authority for a pharmaceutical drop-off collection pilot program, and to direct staff to develop a pilot mail-back program for Board consideration at a future meeting. Motion passed by the following vote of the Board: AYES: Members: Hockett, McGill, Nejedly NOES: Members: Menesini, Lucey ABSTAIN: Members: None 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 11. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None. 12. CLOSED SESSION The Board recessed at 3:40 p.m. to reconvene in closed session regarding: a. Conference with Legal Counsel regarding existing litigation pursuant to : Government Code Section 54956.9(a)CCCSD, Plaintiff; vs. Gus Kramer, et al., Defendants; Case No. C07-02402. b. Personnel Matters Pursuant to Government Code Section 54957 – Performance Evaluations for General Manager, District Counsel, and Secretary of the District. The Board reconvened in open session in the Board Room at 3:50 p.m. 13. REPORT OUT OF CLOSED SESSION With regard to Item 12.b., President Lucey reported that the Board in closed session decided to direct staff to engage the services of Bob Murray and Associates to assist with conducting performance evaluations for the General Manager, District Counsel and Secretary of the District. He also reported that the Board would like staff to prepare a District policy establishing that such performance evaluations will be conducted every two years. Book 58 - Page 85 Board Minutes of September 18, 2008 14. ADJOURNMENT There being no further business to come before the Board, President Lucey adjourned the meeting at 3:55 p.m. ~~~ .1NtJ(] 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 86