HomeMy WebLinkAboutBOARD MINUTES 12-15-05
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MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD ON DECEMBER 15, 2005
The District Board of the Central Contra Costa Sanitary District convened in a regular
session at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra
Costa, State of California, at 2:00 p.m. on Thursday, December 15, 2005.
President Hockett called the meeting to order and requested that the Secretary call roll.
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1. ROLL CALL
PRESENT: Members: Boneysteele, Lucey, Menesini, Nejedly, Hockett
ABSENT: Membeffi: 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 Administrative Assistant Deborah McBride.
2. PUBLIC COMMENTS
There were no public comments.
3. CONSENT CALENDAR
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It was moved by Member Nejedly and seconded by Member Lucey to approve the Consent
Calendar, consisting of Items a. through d. as recommended and to authorize recordings.
Motion passed by unanimous vote of the Board.
a. Accept the contract work for the North Clarifier Paving Project, District Project 6153,
and authorize the filing of the Notice of Completion.
b. Establish January 12, 2006 as the date for a public hearing to receive comments on
proposed reimbursement fee for the properties which could directly connect to District
Project 5792 (Gable Lane, Lafayette).
c. Authorize medical leave of absence without pay for Harrell Dean McNeely,
Mechanical Supervisor, through March 2, 2006.
d. Authorize the General Manager to execute a five-year lease with Caltrans for the use
of property located off Imhoff Drive.
a.
4. HEARINGS
CONDUCT PUBLIC HEARING TO RECEIVE PUBLIC COMMENT AND ADOPT
RESOLUTION PLACING DELINQUENT VIOLATION OF ILLEGAL
ENCROACHMENT CHARGE ON THE COUNTY TAX ROLL FOR COLLECTION
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General Manager Charles Batts stated that the public hearing is required in order to adopt a
resolution to place delinquent charges on the County tax roll for collection. The incident, a
private contractor damaging a sewer line, occurred in December of 2003 and since that time
staff has been attempting to collect the cost of repairs from the homeowner. These charges
are now delinquent.
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Director of Administration Randy Musgraves presented a report, stating that on December
18, 2003, the District issued a Notice of Violation of Illegal Encroachment to Mr. and Mrs.
Carlos Vasquez related to the construction of a home addition at 6215 Alhambra Road in
Pleasant Hill. The contractor drilled into the sewer line while attempting to place a.pier for
the house foundation. Cement was placed in the line, creating a sewer spill and emergency
situation. The contractor replaced the blocked sewer line, but the cost of the emergency
response created the outstanding bill. On December 26,2003, the homeowners signed an
agreement to reimburse the District for all costs to the District due to the encroachment.
The homeowners were billed $13,257.16 for the emergency response costs. After several
cooperative discussions with Mrs. Vasquez, payments of $4,000 and $3,200 were received
on August 5, 2005 and November 29, 2005. A balance of $6,057.16 currently exists. He
stated that no further payments have been received and a dispute between the homeowner
and contractor continues. He concluded that staff recommends holding a public hearing
and adopting a resolution placing the charge on the County tax roll for collection.
The public hearing was opened and closed without comments.
It was moved by Member Lucey and seconded by Member Menesini to adopt Resolution
2005-132, placing a delinquent charge of $6,057.16 on the County tax roll for collection.
Motion passed by unanimous vote of the Board.
5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
General Manager Charles Batts stated that there is an item that the District became aware
of after the publication of the agenda which requires immediate action. The Board has
received a proposed Position Paper describing the issue, which is a request for
authorization to discuss the deployment of District employees to New Orleans. He stated
that the Board needs to vote to add the item to the agenda in order to provide input to staff.
The item concerns providing aid to utilities in the hurricane-stricken area of New Orleans.
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District Counsel Kent Aim explained that the item can be added to the agenda after its
publication as a matter of urgency, which requires a two-thirds vote of the Board Members
present, i.e. four members. It must be determined that the matter came to the attention of
staff after the agenda was posted, and that it is of an urgent nature requiring action prior to
the next Board meeting.
Member Boneysteele indicated that he had a question.
President Hockett requested that a motion be made to add the item to the agenda prior
entertaining any questions. It was moved by Member Menesini and seconded by Member
Nejedly to add the item to the agenda.
Member Boneysteele stated that he felt he was not fully informed on the matter and unable
to vote.
Member Lucey stated that he would not support the motion as he would like to hear
Member Boneysteele's question first.
The motion did not achieve the required four votes and failed by the following vote of the
Board:
I AYES: Members: Menesini, Nejedly, Hockett
NOES: Members: Boneysteele, Lucey
ABSTAIN: Members: None
Member Boneysteele stated that he felt his question was in order.
District Counsel Aim explained that, if Member Boneysteele's question related to the motion
to add the item to the agenda, it was in order. However, if his question related to the
substance of the item, then the item must be added to the agenda first.
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Member Boneysteele stated that he reviewed the posted agenda and did not see the item
listed.
District Counsel Aim stated that the item arose after publication of the agenda and must be
added to the agenda by a two-thirds vote of the Board. He stated that the item may be
reconsidered due to the nature of Member Boneysteele's question.
It was moved by Member Menesini and seconded by Member Lucey to add the item to the
agenda. Motion passed by unanimous vote of the Board.
General Manager Batts stated that, for several months the District has explored avenues to
be part of an aid effort to the recovery of wastewater utilities in the southeast. The
statewide organizations of CASA and CWEA, as well as the State's EOA, were contacted
without result. The distance and logistics for such an effort make it very difficult to respond
and difficult to know the areas of need. The local efforts were very reactive and
unorganized. During this period, discussions were held with East Bay Municipal Utility
District (EMBUD) on their efforts to respond to this catastrophe. After several months
EBMUD, working through the City of Portland which currently has people in New Orleans, is
mobilizing an effort. He stated that this response has been developed over the last week,
and EBMUD feels a sense of urgency to get people on the ground. Staff is requesting
guidance from the Board before any commitment is made to include District employees in
the effort.
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Craig Mizutani, Associate Engineer in Plant Operations, presented a report. He stated that
District staff has met with EBMUD twice, and one of those meetings was a conference call
with the Sewer and Water Board of New Orleans (SWBNO). SWBNO indicated that they
have lost most of their facilities, tools, vehicles and equipment. Most of their employees
have not been paid and have left. Very limited utility service has been restored. FEMA is
now involved, and is trying to bring people back into the area by providing housing trailers.
The trailers, however, require utilities, which are not readily available.
He stated that the City of Portland was one of the first responders, and employees have I
been there for over 90 days. Portland provided help through an Emergency Management
Assistance Compact (EMAC). They were able to establish housing, a command center,
conduct damage assessment and establish a work order system. They have also provided
operations and maintenance staff. Portland employees are anxious to return home, but will
train a replacement agency.
EBMUD has volunteered to take over Portland's position, and hopes that other agencies will
follow. EBMUD can fill many of SWBNO's needs but is requesting assistance from other
California agencies. Those needs have been identified as Engineers, Wastewater Pump
Station Operators, Storm/Drainage Pump Station Operators, Electricians, and others
including Fleet Mechanics and Industrial and Household Hazardous Waste staff and Source
Control Inspectors. They will work independently under EBMUD/SWBNO direction.
EMBUD is asking for a one-month commitment in 2-week rotations. Housing, dining,
sanitary facilities will be provided at the Algiers Water Treatment Plant, with security
provided by the National Guard.
In response to questions from Member Menesini, Mr. Mizutani stated that, as yet, Portland
has not been reimbursed by FEMA. He stated that the District's reimbursement process
would be handled through EBMUD, who would have an EMAC with SWBNO. Any
reimbursement from FEMA is expected to take some time.
Member Lucey questioned the projected cost estimate of $25,000 per person per month.
He stated that he understands that people are working 16 hours per day, seven days a
week and asked what the cost to the District would be. He asked whether employees can
waive their overtime costs. He stated that he would like additional information prior to
making a decision.
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General Manager Batts stated that, using a 14-hour day, 7 days a week, for five typical
positions at E-step, the projected cost came out to be $141,000 for a month, including
benefits.
Member Boneysteele expressed concern regarding the adequacy of support services and
security. Mr. Mizutani responded that support services and security appear to be adequate.
Member Boneysteele requested that the General Manager make sure the security and
support services are adequate for any District employees who participate.
General Manager Batts stated that he will return to the Board with more detailed information
regarding those matters and others.
Member Menesini concurred with Member Boneysteele's concerns. He stated that this is an
opportunity to obtain valuable, first-hand knowledge and understanding of what happens in
an emergency, and also provides the opportunity to perform a humanitarian deed.
Member Nejedly asked whether volunteers may be given the option to donate their
overtime. He asked whether any District staff have come forward to volunteer. General
Manager Batts responded that, so far, approximately 19 employees have expressed interest
in participating, although not that many will likely be needed.
Member Nejedly asked whether the District would be left short-handed during the wet
weather season and whether the District would incur extra overtime costs.
General Manager Batts responded that positions that would probably be sent to New
Orleans would not include a Pump Station Operator because of the need to have adequate
staffing for the Lower Orinda Pumping Station.
Following clarification by Member Lucey on what was being requested, it was moved by
Member Menesini and seconded by Member Boneysteele to authorize the General
Manager to proceed on a planning level with EBMUD regarding deployment of District staff
volunteers to New Orleans, subject to formal Board approval once more information has
been obtained. Motion passed by unanimous vote of the Board.
Member Nejedly stated that, although he was not prepared to vote on this matter today,
comments from Member Menesini convinced him otherwise. He stressed the importance of
obtaining first-hand knowledge of disaster relief.
Member Lucey asked staff to check with the Management supporUConfidential Group and
Local One to see if they would waive overtime expenses for volunteers.
Member Boneysteele made comments and expressed his opinion on the lack of national
response to the disaster and stated that the District should do what it can to assist. He
stated that District staff has great expertise and skill to offer, and expressed wholehearted
support for the motion.
President Hockett thanked staff for their efforts. She stated that this is an opportunity for the
District to offer expert assistance to the people of New Orleans and to obtain vital
experience in disaster response.
6. REPORTS
a.
General ManaQer
1) Update on Caltrans Lease at Collection System Operations Division Facilities
(CSO)
General Manager Charles Batts stated that, while staff is revising the alternatives for
the CSO facilities project and working to make the best use of the site, staff has
moved forward with leasing the adjacent Caltrans parcel to expand the amount of
lower yard space at CSO. Expanding yard space would benefit existing operations
and would enhance any future improvements to the facilities.
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Associate Engineer Don Berger provided an update on the status of leasing the
Caltrans property. He described the history of the site, stating that Caltrans reduced
CSO yard space in 1994 by purchasing land for freeway construction. In November
2004 the CSO Alternatives Analysis identified the desirability of leasing the Caltrans
property to restore lost yard space. In March 2005 preliminary approval was
obtained from the City of Walnut Creek staff, and in August 2005 preliminary
approval was obtained from Caltrans.
He stated that the parcel is 0.5 acres in size, and, if leased, the District would have to
pave the site and provide landscaping for screening. The estimated project cost is I
$400,000 and the lease cost would be approximately $2,000 - $3,000 per month.
The landscaping would be $25,000-$50,000 of the project cost. He outlined the
proposed project schedule, which is expected to be completed by November 2006.
2) Update on GASB 45
General Manager Charles Batts stated that, at the Board meeting of October 20,
2005, he announced that the actuarial firm of AON had been engaged to calculate
the District's unfunded liability under the Government Accounting Standards Board
Statement 43 and 45. This Statement requires public agencies to calculate the
current liability associated with the future costs of providing health care, as well as
other benefits, to retirees. That calculation has been completed.
He stated that staff will bring the final report with funding options and
recommendations to the Board at the Financial Planning and Policy Workshop
scheduled for January 26, 2006.
Controller Debbie Ratcliff reviewed the results of the actuarial study conducted by
Aon Consulting. She stated that Statements 43 and 45 require the calculation and
reporting of unfunded liabilities for the District's post-employment benefits. The post-
retirement medical benefits valuation must disclose future costs incurred by present
employees, which consist mainly of post-retirement medical costs. The final I
implementation dates for the Statements are December 2006 for Statement 43 and
December 2007 for Statement 45.
She described options for addressing the unfunded liability, including establishing
present value for future benefit costs to be carried on the books as an unfunded
liability; establishing a trust fund to pay future costs of financial obligations; or
establishing a dedicated reserve account. She described the pros and cons of each
option.
She described the assumptions used in the calculation, which was based on GASB-
directed assumptions, CCCERA assumptions, the current number of employees and
retirees, and actual trends. She showed a chart of possible amortization period
options and discount rates, stating that the District's total liability is projected to be
approximately $87 million amortized for 30 years.
She said she contacted other special districts and described how they plan to
address their unfunded liabilities.
She concluded that staff will come back in January at the Board Workshop with
funding options, alternatives and staff recommendations.
In response to a question from Member Lucey, Ms. Ratcliff stated that EBMUD's I
liability is lower than the District's for two main reasons: EBMUD limits the
reimbursement of health care costs of retirees to about $500 a month, and they also
invest the funds in a trust fund which receives a high interest return.
Human Resources Manager Cathryn Freitas confirmed that the District, for Tier II
employees, does have a cap on retiree medical for anyone over 65, and only pays
50% of the cost of retiree medical for retirees over 65.
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Member Lucey requested that information on Contra Costa County be included in
any comparisons presented to the Board at the January workshop.
Ronnie Theirman, Aon Consulting, responded to questions from Member
Boneysteele regarding assumptions and how calculations were made.
3)
General Manager Charles Batts announced the seasonal closure of
Household Hazardous Waste Collection Facility between December 23 and
December 31,2005. He stated that HHW staff may opt to work on
administrative and housekeeping projects, or use leave during the holiday
closure. Facility closure notices have been posted.
4)
General Manager Charles Batts announced that Associate Engineers Gary
Rathunde and Munawar Husain will attend the annual World of Concrete
Conference in Las Vegas on January 16 through 21,2006. This specialty
conference provides information about the latest technologies in the
construction, repair, and maintenance of concrete structures. This training is
applicable to a wide array of construction and O&M work at the District. This
training is included in the 2005/06 Engineering Training and Conference
budget.
5) General Manager Charles Batts stated that the Board should have received
copies of the last three months of the CSO User feedback forms, as
requested.
b. COUNSEL FOR THE DISTRICT
No reports.
c. SECRETARY OF THE DISTRICT
Secretary of the District Elaine Boehme announced two upcoming State of the City Address
luncheons for the Cities of San Ramon and Walnut Creek to be held on January 10, 2006.
d. BOARD OF DIRECTORS
1) Member Lucey, Chair of the Budget and Finance Committee, reported that he
reviewed the Expenditures and took no exception.
It was moved by Member Lucey and seconded by President Hockett to
approve the Expenditure List dated December 15, 2005, including Self
Insurance Check Nos. 102279 to 102280, Running Expense Check Nos.
158500 to 158684, Sewer Construction Fund Check Nos. 28251 to 28290,
Payroll Manual Checks Nos. 49080 to 49081 and Payroll Regular Checks Nos.
55652 to 55677 as recommended. Motion passed by l:.Inanimous vote of the
Board.
2)
Member Nejedly presented report of the December 7, 2005 Outreach
Committee Meeting. He noted that he endorsed staff's recommendation to
bring a proposal to the full Board to institute a mandatory amalgam separator
program for the dentists in the service area. The Board accepted the report
without comments.
3)
Member Menesini announced that he has prepared a list of proposed Board
Committee assignments for 2006 and requested feedback from Board
Members.
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7. TREATMENT PLANT
a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT IN THE
AMOUNT OF $67,100 WITH MAINSAVER SOFTWARE. LLC. FOR THE
PURCHASE AND IMPLEMENTATION OF ITS MAINTENANCE MANAGEMENT
SOFTWARE FOR PLANT OPERATIONS
General Manager Charles Batts stated that staff is recommending the replacement of the
10-year-old Maintenance Management software program currently used by the Plant
Operations Division with an updated version. The current software program has not been I
supported for over 4 years; and poses the risk that future upgrades of the computer the
maintenance software runs on will render it inoperative. This would make very difficult to
perform proactive maintenance until a new software program was in place and operational.
Using the proposed software program also allows the District to retain access to over 10
years of maintenance history on plant equipment. He concluded that staff recommends
authorizing the General Manager to execute an agreement in the amount of $67,100 with
Mainsaver Software, LLC.
Staff responded to questions from Member Boneysteele regarding data transfer.
It was moved by Member Menesini and seconded by Member Boneysteele to authorize the
General Manager to execute an agreement in the amount of $67,100 with Mainsaver
Software, LLC. Motion passed by unanimous vote of the Board.
8. APPROVAL OF MINUTES
It was moved by President Hockett and seconded by Member Nejedly to approve the
minutes of November 10 and November 17, 2005. Motion passed by unanimous vote of the
Board.
9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
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None.
10. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS
None.
11. ADJOURNMENT
There being no further business to come before the Board, President Hockett adjourned the
meeting at 3:28 p.m.
~<<~~.{eUe $S~'
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
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Secretary of the Central Contra Costa
Sanitary District, County of Contra Costa,
State of California
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