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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