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HomeMy WebLinkAboutBOARD MINUTES 10-16-08MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON OCTOBER 16, 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, October 16, 2008. President Pro Tem Hockett called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: McGill, Menesini, Nejedly, Hockett ABSENT: Members: Lucey a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance to the Flag. 2. PUBLIC COMMENTS There were no public comments. 3. CONSENT CALENDAR It was moved by Member McGill and seconded by Member Nejedly to adopt the Consent Calendar as recommended. Motion passed by the following vote of the Board: AYES: Members: McGill, Menesini, Nejedly, Hockett NOES: Members: None ABSENT: Members: Lucey a. Approve expenditures dated October 16, 2008. Reviewed by Budget and Finance Committee. b. Approve minutes of September 18, 2008 Board Meeting. c. Adopt modified job classification descriptions for selected positions represented by Employees' Association, Public Employees' Union, Local One, and Management Support/Confidential Group. Approval recommended by Human Resources Committee. Book 58 -Page 93 Board Minutes of October 16, 2008 4. HEARINGS a. PUBLIC HEARING REGARDING THE ESTABLISHMENT OF THE CREEKSIDE OAKS ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007-5, DISTRICT PROJECT NO. 6431 General Manager James Kelly stated that the Board scheduled a public hearing to receive comments and consider approval of the Creekside Oaks Alhambra Valley Assessment District (AVAD) No. 2008-5. As of last week, only a few election ballots had been returned. The owners of the nine properties that could benefit from this AVAD need additional time to consider the financial options and terms. Staff recommends canceling this hearing and holding another hearing at the December 4 or 18, 2008 Board meeting. It was moved by Member McGill and seconded by Member Nejedly to cancel the public hearing. Motion passed by the following vote of the Board: AYES: Members: McGill, Menesini, Nejedly, Hockett NOES: Members: None ABSENT: Members: Lucey b. PUBLIC HEARING ON THE MITIGATED NEGATIVE DECLARATION: ADOPT A RESOLUTION APPROVING A MITIGATED NEGATIVE DECLARATION, A MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING THE PROPOSED WET WEATHER BYPASS IMPROVEMENT PROJECT. DP 7241 Continued from October 2, 2008, with the public hearing open. General Manager James Kelly stated that the District is proposing to improve its wastewater treatment plant's wet weather bypass system by constructing a new outlet that will allow stored flows to be discharged directly to the Walnut Creek Channel. As the Lead Agency under the California Environmental Quality Act (CEQA), the District has conducted an Initial Study and has determined that a Mitigated Negative Declaration is the appropriate document to address the environmental effects of the project. At the October 2, 2008 Board meeting, a public hearing was opened to consider comments received during the thirty day public review process. That public hearing was continued to allow time for District staff to meet with Flood Control staff and complete the responses included in today's position paper. Staff is asking the Board today to hold the public hearing continued from October 2, 2008, approve the Mitigated Negative Declaration, its Mitigation Monitoring Program, and the Wet Weather Bypass Improvement Project. Book 58 -Page 94 Board Minutes of October 16, 2008 Engineering Assistant III Russ Leavitt stated that the Board is requested to hold the public hearing on the Mitigated Negative Declaration. The hearing is not required by CEQA, but provides another opportunity for public comment on the document. Mr. Leavitt stated that the project consists of constructing a new bypass pipeline from the northeast corner of Basin B directly into the Walnut Creek Channel. Use of this pipeline will replace the existing practice of bypassing basin flows out through the northwest corner of Basin C, and into Pacheco Slough, which flows into the Walnut Creek Channel. These bypasses would occur rarely, in extreme wet weather conditions, or during the summer when the outfall is shut down for inspection and maintenance. Mr. Leavitt stated that four letters were received during the Public Comment Period on the negative declaration and these letters have received responses from the District. One additional e-mail was received from County Flood Control. No new issues were raised. He recommended that the Board approve the Mitigated Negative Declaration and approve the Wet Weather Bypass Improvement Project. The public hearing was re-opened and closed without comments. It was moved by Member Nejedly and seconded by Member McGill to adopt Resolution 2008-110 approving a Mitigated Negative Declaration, the Mitigation Monitoring and Reporting Program, and approving the proposed Wet Weather Bypass Improvement Project, DP 7241. Motion passed by the following vote of the Board: AYES: Members: McGill, Menesini, Nejedly, Hockett NOES: Members: None ABSENT: Members: Lucey 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item 8, Budget and Finance, and Item 11, Closed Session, were taken out of order due to the attendance of outside consultants. 6. ITEMS HELD OVER FROM PREVIOUS BOARD MEETINGS a. CONSIDERATION OF PROPOSED REVISIONS TO THE DISTRICT TRAVEL POLICY REGARDING THE APPROVAL PROCESS FOR BOARD MEMBER CONFERENCE ATTENDANCE AND REGARDING PROHIBITING THE USE OF PRIVATE LIMOUSINES OR CHAUFFEURED CARS FOR TRANSPORTATION General Manager James Kelly stated that in May 2008 the Board directed staff to establish a process for approval of Board Member conference attendance and to prepare revisions to the District's Travel Policy prohibiting the use of private limousines and chauffeured cars for transportation. These are now before the Board for its consideration. Book 58 -Page 95 Board Minutes of October 16, 2008 President Pro Tem Hockett announced that President Lucey, who was unable to attenc the meeting, has requested that this matter be deferred to a future meeting at which he will be in attendance. Board Members concurred with the request. President Pro Tem Hockett stated that, when the item is brought back to the Board, she would like information regarding the financial reasoning for proposed changes regarding the transportation item, transportation definitions, and clarification of receipt thresholds. It was moved by Member Menesini and seconded by Member Nejedly to continue the item to the Board Meeting of November 6, 2008. Motion passed by the following vote of the Board: AYES: Members: McGill, Menesini, Nejedly, Hockett NOES: Members: None ABSENT: Members: Lucey 7. REPORTS a. GENERAL MANAGER 1) Cultural Diversity Report -Presented by Julie Brown of Julie Brown Associates. General Manager James Kelly stated that this addresses one of the items identified in the Board's Strategic Plan effort from last November. Julie Brown met with the Board and Managers, along with some staff, and looked at the practices of other agencies with regard to cultural diversity. Ms. Brown presented her report, stating that her task was to assess current Human Resources hiring practices for barriers and opportunities, to conduct external benchmarking to identify successful practices and identify performance metrics, and to develop a workforce diversity statement incorporating CCCSD's values. She described the work plan and internal assessment process, and identified the District's strengths and weaknesses and opportunities for improvement. She stated that ten outside organizations were approached and seven agreed to be interviewed. The agencies included utilities, local government, and water agencies. She described the impact of Proposition 209 on outreach and recruitment efforts and compared recruitment and retention strategies among the participating agencies and CCCSD. Ms. Brown compared CCCSD demographics with those of the service area. Book 58 -Page 96 Board Minutes of October 16, 2008 The overall findings of the study show that CCCSD's recruitment and retention efforts match or are better than those of other comparable organizations. Line staff do not see a tangible demonstration of diversity as an organizational value. While some hiring managers see a culturally tolerant workforce, some line staff feel differently. Some managers and Board Members equate increased workforce diversity with lowering performance standards. Lack of diversity in management ranks is viewed as a lack of support for diversity. Ms. Brown concluded her presentation with a list of recommendations for Best Practices, Recruitment, and Outreach. She presented a draft Workforce Diversity Statement for Board consideration and adoption. Following questions and comments from Board Members, the Board directed staff to obtain additional information regarding gender diversity for consideration by the Human Resources Committee, together with the draft diversity statement. The matter will be brought back to the full Board at a future Board meeting. 2) Update on Collection System Operations Facility. General Manager James Kelly stated that District staff recently received the design development submittal and updated cost estimate on the Collection System Operations (CSO) Facility Improvements. A memo outlining the latest costs and copies of selected drawings were provided as part of the Board packet. Director of Engineering Ann Farrell reviewed major milestones in the development of the new CSO facility. City of Walnut Creek requirements have been defined and all disciplines have begun work. She presented an updated project cost estimate. Staff wants to update the Board on three things: cost increases due to City requirements imposed during the permit process; optional cost to make the building LEED gold instead of LEED silver, and the optional cost to make the building an Emergency Operations Center and immediately inhabitable after a major seismic event. The City-approved building base construction cost is estimated at $12,275,000 in today's dollars, which includes new City requirements for green infrastructure, additional parking in the upper yard, and a covered materials area. Second, obtaining a green building "gold" certification adds $300,000. Finally, emergency power adds $250,000, seismic bracing adds $600,000, for a total estimated construction cost of $13,425,000 in August 2008 dollars, making the total project cost approximately $17,725,000. She stated that these costs do not take into account the current economic climate, where bids have been coming in at 20 to 30 percent lower than the estimate. Ms. Farrell stated that the gold LEED status is a good investment, and will provide indoor air quality and energy cost savings. An additional $850,000 is needed to make the CSO facility immediately inhabitable and powered in a large seismic event, and will ensure continued CSO operations. It will also provide a Book 58 -Page 97 Board Minutes of October 16, 2008 backup to the Emergency Operations Center in Martinez during a large seismic event. The Martinez Emergency Operations Center is not immediately inhabitable after a major seismic event. Ms. Farrell went over the design and construction schedule, stating that bidding and award of the construction contract is anticipated to occur in July/August 2009, and occupancy of the new building in December 2010. Member McGill expressed support for the proposed changes. He requested information on what the requirements are for the District to be a green business. He also stated that the proposed changes should be looked at in conjunction with the District's emergency operation plan, and green policy. He commented that the proposed timeline may be a little ambitious. Member Nejedly expressed his concern that the building cost has increased from $7 million to $17 million, which is a very large increase. Member Menesini agreed with Member Nejedly, and cautioned staff to look for ways to keep the costs down as much as possible. He suggested that time should be spent reviewing the plans for ways to reduce costs. He stated that he would also like to hear the opinion of the current occupants of the facility. General Manager James Kelly stated that the matter will be brought back for Board action at a future Board meeting. 3) Report on Regional Bay Area Biosolids Project. General Manager James Kelly referred to his memorandum dated October 10, 2008 in the Board Binder regarding the Regional Bay Area Biosolids Project request. He stated that the District does not currently have biosolids disposal problems or need additional capacity and does not face the problems the Regional Biosolid Study is meant to address. Based on the District's current situation, therefore, he recommended that the District not participate in the study at this time, nor have the District considered as a location for regional facilities. Board Members concurred with the recommendation of the General Manager. 4) General Manager James Kelly announced that the District has been selected as the second place winner of the U.S. Environmental Protection Agency's 2008 National Clean Water Act Recognition Award. 5) General Manager James Kelly announced that the Annual Service Awards Luncheon will take place on Thursday, October 30, 2008 at 11:30 a.m. at Vic Stewart's located at 850 South Broadway in Walnut Creek. 6) General Manager James Kelly announced that a contractor for the United States Environmental Protection Agency and a representative from the Book 58 -Page 98 Board Minutes of October 16, 2008 Regional Water Quality Control Board will conduct an annual compliance and evaluation inspection on Wednesday, October 15, 2008. The inspection/evaluation generally consists of ten areas: Permit; Records and Reports; Facility Site Review; Effluent and Receiving Waters; Flow Measurement; Self-Monitoring Program; Laboratory; Operations and Maintenance; Solid Waste Handling and Disposal; and Pretreatment. The inspectors will review documents and tour the facility. An inspection report will be issued during the first quarter of 2009. 7) General Manager James Kelly announced that Collection Systems employees Don Rhoads, Enick Wright and Dante Marchetti will travel to Hammond, Indiana on October 22, 2008, returning October 24, 2008, in order to inspect the Mechanical Rodder budgeted in the 2007-08 Equipment Budget. Per the contract, cost of travel will be paid by the vendor. 8) General Manager James Kelly announced that District Managers will be meeting at Contra Costa Country Club on Tuesday, October 28, 2008 from 8 a.m. to 1:30 p.m. to identify how today's changed economic and regulatory conditions might affect the District. The results of this meeting will be provided to the Board. The meeting will be moderated by Steve Hayashi. 9) General Manager James Kelly announced the installation of a second screen and projector in the Board Room to facilitate public viewing of staff presentations. b. COUNSEL FOR THE DISTRICT No reports. c. SECRETARY OF THE DISTRICT 1) 2009 Board Calendar. Secretary of the District Elaine Boehme presented the draft 2009 Board Calendar. Board Members accepted the calendar without comments. d. BOARD MEMBERS 1) Board Member reports on future meetings or conferences for which they will receive the stipend or for which the District will pay their expenses. Book 58 -Page 99 Board Minutes of October 16, 2008 2) 3) 4) Members McGill and Hockett announced that they will be attending the Water Environment Federation Technical Conference (WEFTEC) in Chicago, Illinois, on October 18-22, 2008. Member McGill announced that he will attend the final segment of the California Special Districts Association (CSDA) Leadership Program in Thousand Oaks, California on October 24, 2008. Member McGill announced that he will attend the Contra Costa Mayors Conference meeting on November 6, 2008. Board Member reports on recent meetings for which they received the stipend. a) Member McGill reported on his attendance at the September 22-25, 2008 California Special Districts Association (CSDA) Annual Conference. b) Member McGill summarized the Action Summary of the October 13, 2008 Budget and Finance Committee meeting. The Board accepted the report without comments. Board Member reports on recent meetings or conferences for which the District paid their expenses. a) Members McGill and Hockett reported on the October 10, 2008 Contra Costa Council lunch -Candidates for Assembly District 15. b) Member McGill reported on the October 13, 2008 Contra Costa Council Reception honoring new Contra Costa County Administrator David Twa. Announcements Member McGill announced that he attended Pleasant Hill Community Service Day. Member McGill announced he will be hosting a fundraiser on October 26, 2008 for the Pleasant Hill Mayor, Councilmember Durant, and another Council candidate. Member McGill pointed out an article of interest in the Contra Costa Council Newsletter on Page 11. Book 58 -Page 100 Board Minutes of October 16, 2008 8. BUDGET AND FINANCE a. RECEIVE THE AUDITED FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED JUNE 30, 2008 General Manager James Kelly reported that John Cropper, from Cropper Accountancy Corp., has completed the audit of the District's financial statements for fiscal year ending June 30, 2008. The audit was clean with no recommendations for improvements in internal controls. Mr. Kelly introduced Mr. Cropper. Mr. Cropper gave a brief overview of the audit, stating that the District received an unqualified, clean opinion, with no deficiencies or recommendations for improvement. It was moved by Member McGill and seconded by Member Nejedly to accept the audited Financial Statements for the Fiscal Year Ended June 30, 2008. Motion passed by the following vote of the Board: AYES: Members: McGill, Menesini, Nejedly, Hockett NOES: Members: None ABSENT: Members: Lucey 9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 10. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS President Pro Tem Hockett requested that the draft resolution establishing performance appraisals every two years for the Executive Management Team be placed on an upcoming agenda. Member Nejedly suggested that, if consultants or outside speakers are making presentations, those items be moved to the beginning of the agenda. 11. CLOSED SESSION The closed session was taken out of order due to the presence of Executive Recruiter Bob Murray. The Board recessed at 2:02 p.m. to reconvene in closed session regarding: a. Personnel Matters Pursuant to Section 54957 of the Government Code - Performance Evaluations for General Manager, District Counsel, and Secretary of the District. The Board reconvened in open session in the Board Room at 2:17 p.m. for the remainder of the agenda. Book 58 -Page 101 Board Minutes of October 16, 2008 12. REPORT OUT OF CLOSED SESSION None. 13. ADJOURNMENT There being no further business to come before the Board, President Pro Tem Hockett adjourned the meeting at 3:58 p.m. era d R. Lucey President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: ~~~,o. Elaine R. Boehme Secretar~~ of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Book 58 -Page 102