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HomeMy WebLinkAboutBOARD MINUTES 11-20-08
MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD ON NOVEMBER 20, 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, November 20, 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: 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 Purchasing and Materials Manager Stephanie
King and newly-hired Senior Right-of-Way Agent Kathleen West.
2. PUBLIC COMMENTS
There were no public comments.
3. AWARDS AND COMMENDATIONS
a. RECEIVE ENVIRONMENTAL PROTECTION AGENCY LARGE SECONDARY
TREATMENT PLANT OPERATIONS AND MAINTENANCE EXCELLENCE 2008
CLEAN WATER ACT RECOGNITION AWARD. PRESENTED BY USEPA
REGION 9 DIRECTOR OF WATER DIVISION. ALEXIS STRAUSS
USEPA Region 9 Director of Water Division Alexis Strauss presented the award to the
Board of Directors and commended the District for its outstanding reputation in the
industry.
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.
Book 58 - Page 123
Board Minutes of November 20, 2008
a. Approve expenditures dated November 20,2008. Reviewed by Budget and
Finance Committee.
b. Approve minutes of October 16, 2008 and October 29,2008 Board Meetings.
5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
Item 11.a. under Closed Session was taken out of order due to the attendance of
Executive Recruiter Bob Murray.
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
This item was continued from October 16 and November 6, 2008.
It was moved by Member Nejedly and seconded by Member McGill to amend the Travel
Policy to state that Board Member conference attendance will be approved on a yearly
basis in advance. Motion passed by unanimous vote of the Board.
With regard to prohibiting the use of private limousines or chauffeured cars, President
Lucey and Member Nejedly expressed support for the prohibition as set forth in the
Position Paper.
Member Hockett stated that she would like to see a financial component to the issue
that would discuss the economic basis for the change.
Member McGill stated that he does not want Board Member transportation to become a
political issue and agreed with the proposed prohibition of private limousines, but
questioned the blanket prohibition of chauffeured cars.
Member Menesini stated that public image is an issue when using chauffeured cars and
limousines, and concurred with President Lucey and Member Nejedly in their support of
the prohibition.
It was moved by President Lucey and seconded by Member Nejedly to approve the staff
-recommended revisions as set forth in the Travel Policy.
Member McGill requested clarification of the motion.
It was moved by Member Nejedly and seconded by President Lucey to disqualify the
use of private limousines and chauffeured cars for Board Member or staff
transportation. Motion passed by the following roll call vote:
Book 58 - Page 124
Board Minutes of November 20, 2008
AYES:
NOES:
ABSTAIN:
Members:
Members:
Members:
McGill, Menesini, Nejedly, Lucey
Hockett
None
b. APPROVE REVISIONS TO THE COLLECTION SYSTEM OPERATIONS
DIVISION (CSOD) ADMINISTRATION, CREW AND WAREHOUSE FACILITY
IMPROVEMENTS PROJECT (DP 8208)
This item was continued from November 6, 2008.
General Manager James Kelly stated that the cost increase in the project since the last
report to the Board comes from three areas: meeting the City of Walnut Creek
stormwater requirements, at a cost of $675,000; increasing the building from LEED
Silver to LEED Gold, at a cost of $300,000; and making the CSOD an Emergency
Operations Center, at a cost of $850,000. Staff recommends all three increases.
It was moved by Member Menesini and seconded by Member McGill to approve the
revisions to the CSOD Administration Crew and Warehouse Facility Project as
recommended. Motion passed by the following vote of the Board:
AYES:
NOES:
ABSTAIN:
Members:
Members:
Members:
Hockett, McGill, Menesini
Nejedly, Lucey
None
7. REPORTS
a. GENERAL MANAGER
1) Local Agency Formation Commission (LAFCO) update.
General Manager James Kelly stated that, last summer, the District developed a
staged approach to provide desired sewer service outside the County Urban
Limit Line (ULL) to properties in the Alhambra Valley.
Environmental Services Division Manager Curt Swanson briefed the Board on
the LAFCO decision regarding this matter, the related conditions of approval, and
the next steps toward annexation of the properties outside the ULL.
Mr. Swanson stated that there are 19 properties affected, totaling 121 acres.
Seventeen of the properties are in an "island," surrounded by lands within the
ULL. Two of the properties are at the edge, between the ULL and Briones
Regional Park. Eleven of the properties are developed, and eight are
undeveloped (vacant). Nine of the properties are interested in sewer service.
Last summer, staff developed the approach of how to deal with the properties
outside of the ULL - taking three of the developed properties to LAFCO to
request Out of Agency Service Agreements, so that the District could provide
Book 58 - Page 125
Board Minutes of November 20, 2008
them with sewer service, and also determining the receptiveness of LAFCO. If
successful, staff would then prepare an Environmental Impact Report (EIR) for
annexation of the 19 properties.
On November 12, 2008, LAFCO approved the Out of Agency Service
Agreements for the three developed properties, with certain conditions. Mr.
Swanson stated that the next steps are to seek Board approval in December for
annexation of three to nine properties; to submit an initial application to LAFCO;
to connect the three properties to the sewer; and to complete the EIR and pursue
annexation of up to nine properties in spring 2009.
With regard to general annexation status, Mr. Swanson stated that staff has been
working to reduce the backlog. During 2008, the Board approved four
applications for 436 properties, and two applications are planned for Board
approval in December 2008 and January 2009.
Member Nejedly stated that LAFCO should not dictate size of pipe to be used,
as one of the conditions of approval.
Member Hockett stated that she attended the LAFCO meeting and felt that the
LAFCO Board was knowledgeable about the details of the issue. The LAFCO
Board approved the agreements and suggested bringing forward the other
properties.
Mr. Swanson stated that the families of the three properties asked him to express
their thanks to the District Board.
2) General Manager James Kelly announced that there will be a short,
informal reception to recognize re-elected Board Members Hockett,
Menesini, and Nejedly. The reception will be held in the Multi-Purpose
Room immediately following the swearing-in ceremony at the December 4,
2008 Board Meeting. Light refreshments will be served. The Board will
then reconvene for the remainder of the meeting, which includes the
appointment of a new Board President and President Pro Tem for the
2009 calendar year.
President Lucey suggested that the reception be held immediately prior to
the regular Board Meeting, rather than after the swearing-in ceremony.
Staff concurred with the proposed change.
3) General Manager James Kelly announced that the Victims Compensation
and Government Claims Board voted on August 26, 2008 to accept the
Lancaster Road claim against CalTrans for $122,738.76. The District
received the check on Friday, November 14, 2008.
Book 58 - Page 126
Board Minutes of November 20, 2008
4) General Manager James Kelly announced that, last month, an MBA
candidate from St. Mary's College contacted Communication Services
Manager Michael Scahill about doing a case study comparing the District's
customer service and related community outreach to other businesses.
The District was chosen based on positive experience with the District's
Collection System Operations Department following a sewage backup into
the student's home in 2006. Two members of the project interviewed
Michael and left with an extremely positive image of the District's
emphasis on customer service.
A week later, one of the students left a message stating that after the
entire group had reviewed the notes, it was decided that to use the District
in a case study comparing it to other companies would skew any bell
curve because of the District's high level of service. He noted that
everyone hoped to return to the District for another project sometime in
the future.
5) General Manager James Kelly announced that the WaterlWastewater
Plant Operator Training Program will begin a fourth semester in January.
Early registration has almost filled all five scheduled classes without
advertising or press coverage. Courses are expected to be taught at
Central Contra Costa Sanitary District, Dublin-San Ramon Services
District, West County Sanitation District, and possibly the Veolia
Treatment Plant in Richmond.
6) General Manager James Kelly announced that, on July 3, 2008, District
staff reported a multiple-hearth furnace opacity excursion to the Bay Area
Air Quality Management District (BAAQMD). The excursion occurred on
July 2, 2008 and lasted for 4 minutes and 42 seconds and was caused by
a sudden increase in scum to the furnace. The increased scum load
occurred while operators were clearing a plugged scum line. On October
17,2008, BAAQMD informed CCCSD that no enforcement action would
result from the excursion.
7) General Manager James Kelly announced that the State Water Resources
Control Board (SWRCB) evaluated three options to increase the 2008 -
2009 Waste Discharge Permit Fund. In order to address a $12.2 million
deficit, the SWRCB selected the option that increases fees to very large
dischargers (greater than 100 MGD) and to general permit holders, Le.,
storm water, collection system waste discharge requirement (WDR)
permits, etc. The selected option addresses the SWRCB deficit but also
reallocates fees to reflect a "polluter pays" approach. Under this option,
Central Contra Costa Sanitary District's (CCCSD) Nation Pollutant
Discharge Elimination System (NPDES) Permit fee will be reduced
($19,000) to $31,000 per year. CCCSD's collection system WDR fee will
increase by 40 percent ($1,300) to approximately $4,400 per year.
Book 58 - Page 127
Board Minutes of November 20, 2008
8) General Manager James Kelly announced that, while NCCI, Inc. did an
excellent job on Phase 1 of the Aeration Air Renovation Project, staff
plans to rebid Phase 2 because the expected change orders could exceed
$700,000, and there is a favorable bid climate. NCCI's bid for Phase 2
was $1,566,448.
9) General Manager James Kelly announced that Standard and Poor's
Rating Services has raised the ratings from an AA+ to AM on the
District's and 129 other municipal waterworks and sanitary sewer revenue
bonds. The rating changes are primarily based on recent criteria
revisions. These issuers demonstrate one or more of the following credit
characteristics:
· Strong financial metrics, including debt service coverage and cash
reserves;
· Good economic fundamentals to be able to handle pressures such as the
housing market vulnerabilities, increasing unemployment and inflation for
goods and services; and
· Solid management, which includes a willingness to raise rates, long-term
planning to fund regulatory-driven capital expenditures, and the ability to
serve the needs of a growing community.
These ratings help to provide consumer confidence and also help to reduce the
interest rates the District would have to pay on a future bond issuance.
b. COUNSEL FOR THE DISTRICT
District Counsel Kent Aim announced the closed session at the conclusion of the Board
Meeting. In response to a question from President Lucey, Mr. Aim announced that the
Kramer case has been set for trial in March 2009.
c. SECRETARY OF THE DISTRICT
No reports.
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.
Member McGill announced that he will be attending the December 4, 2008
Mayors' Conference in Brentwood.
Book 58 - Page 128
Board Minutes of November 20, 2008
2) Board Member reports on recent meetings for which they received the
stipend.
a) Member Menesini reported on the October 20, 2008 California
Special Districts Association, Contra Costa County Chapter
meeting. The Board accepted the report without comments.
b) Member Hockett reported on her attendance at the November 12,
2008 Local Agency Formation Commission (LAFCO) meeting, at
which LAFCO approved the Out-of-Agency Service Agreements
proposed by the District. The Board accepted the report without
comments.
c) Member McGill reported on the November 17, 2008 Budget and
Finance Committee meeting and summarized the Action Summary.
The Board accepted the report without comments.
d) Member Menesini reported on his attendance at the November 17,
2008 Award Presentation - CCCSD High School Recognition
Program for Significant Mercury Reduction, Martinez Unified School
District. The Board accepted the report without comments.
e) Member Nejedly reported on the November 18, 2008 Real Estate
Committee meeting. The Board accepted the report without
comments.
3) Board Member reports on recent meetings or conferences for which the
District paid their expenses.
Member McGill reported on his attendance at the November 6, 2008
Contra Costa County Mayors' Conference hosted by the City of San
Pablo.
8. ADMINISTRATIVE
a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A CONTRACT WITH
OMS FOR JANITORIAL SERVICES NOT TO EXCEED FIVE YEARS
General Manager James Kelly stated that janitorial services are currently provided by
Universal Building Services (UBS) for District facilities in Walnut Creek and Martinez.
The existing contract with UBS ends December 31,2008. Staff has spent a significant
amount of time managing the contract to ensure the desired quality of service. A formal
Request for Proposal process was initiated and publicized on March 17,2008.
Proposals were received on May 30,2008 from four janitorial service providers. Staff
believes it is in the best interest of the District to execute a service contract with OMS
Facility Services for $148,000.
Book 58 - Page 129
Board Minutes of November 20, 2008
Board Members asked questions regarding the selection procedure and evaluation
criteria.
It was moved by Member Nejedly and seconded by Member Hockett to authorize the
General Manager to execute a contract with OMS Facility Services for janitorial services
not to exceed five years, with the first-year contract price of $148,000.
President Lucey stated he would not support the motion and is not comfortable with the
cost for janitorial services increasing from $116,000 to $170,000 for basically the same
contract. He stated that his preference would be to give the contract to the lowest
bidder, Goodwill Industries.
Motion passed by the following vote of the Board:
AYES:
NOES:
ABSTAIN:
Members:
Members:
Members:
Hockett, McGill, Menesini, Nejedly
Lucey
None
9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
a. RECEIVE REPORT ON EMERGENCY DECLARED ON NOVEMBER 13. 2008
AND AUTHORIZE THE GENERAL MANAGER UNDER PUBLIC CONTRACT
CODE 22050(1 )(B) TO CONTINUE WITH EMERGENCY REPAIRS ONTHE
CREEK CROSSING NEAR MOSSWOOD DRIVE IN LAFAYETTE BY K. J.
WOODS CONSTRUCTION
Senior Engineer Ba Than presented an update on the emergency situation. He stated
that the contractor has begun clearing the creek bank and the necessary piping should
be received by next week. Staff hopes to have the leak repaired by the first week in
December.
It was moved by Member Menesini and seconded by Member Hockett to continue the
authorization for emergency repairs. Motion passed by unanimous vote of the Board.
10. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS
Member McGill asked staff to provide information regarding options for Board Members
to participate in Board Meetings by teleconferencing.
11. CLOSED SESSION
The closed session was taken out of order due to the presence of Executive Recruiter
Bob Murray.
The Board recessed at 2:09 p.m. to reconvene in closed session regarding:
Book 58 - Page 130
Board Minutes of November 20, 2008
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 at 2:36 p.m.
The Board recessed at 3:30 p.m. to reconvene in closed session regarding:
b. Conference with Legal Counsel - existing litigation pursuant to Government Code
Section 54956.9(a) - Daniel and Eileen Scanlon v. Kandi Kaufman, et al; Lorraine
Kaufman v. Daniel Scanlan, et al- Cross-Complaint - Contra Costa Superior
Court No. C06-01976.
c. Conference with Legal Counsel - existing litigation pursuant to Government Code
Section 54956.9(a) - James L. Talada III and Melody LaBella vs. Central Contra
Costa Sanitary District, et al. - Civil Action No. C08-2771.
The Board reconvened in open session in the Board Room at 4:30 p.m.
12. REPORT OUT OF CLOSED SESSION
None.
13. ADJOURNMENT
There being no further business to come before the Board, President Lucey adjourned
the meeting at 4:31 p.m.
Gerald 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 cf the Central Contra Costa
Sanitary District, County of Contra Costa,
State of California
Book 58 - Page 131