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HomeMy WebLinkAboutBOARD MINUTES 12-04-08MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON DECEMBER 4, 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, December 4, 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. 2. PUBLIC COMMENTS There were no public comments. 3. ADMINISTER OATH OF OFFICE TO RE-ELECTED BOARD MEMBERS BARBARA D. HOCKETT, MARIO M. MENESINI, AND JAMES A. NEJEDLY The Secretary of the District administered the Oath of Office to the re-elected Board Members Barbara D. Hockett, Mario M. Menesini and James A. Nejedly, who were appointed in lieu of election. 4. APPOINTMENT OF NEW PRESIDENT AND PRESIDENT PRO TEM FOR AONE-YEAR TERM COMMENCING JANUARY 1, 2009 It was moved by Member Menesini and seconded by President Lucey to appoint Member Nejedly as President for cone-year term commencing January 1, 2009. Motion passed by the following vote of the Board: AYES: Members: Hockett, McGill, Menesini, Lucey NOES: Members: None ABSTAIN: Members: Nejedly Book 58 -Page 132 Board Minutes of December 4, 2008 It was moved by Member Hockett and seconded by Member Menesini to appoint Member McGill as President Pro Tem for cone-year term commencing January 1, 2009. Motion passed by the following vote of the Board: AYES: Members: Hockett, Menesini, Nejedly, Lucey NOES: Members: None ABSTAIN: Members: McGill 5. CONSENT CALENDAR It was moved by Member Menesini and seconded by Member Nejedly to adopt the Consent Calendar as recommended. Motion passed by unanimous vote of the Board. a. Approve expenditures dated December 4, 2008. Reviewed by Budget and Finance Committee. b. Receive October 2008 Financial Statements. Reviewed by Budget and Finance Committee. c. Approve minutes of November 6, 2008 and November 13, 2008 Board Meetings. d. Adopt salary range of M-36, $7,694 - $9,352, for classification of Secretary of the District. Approval recommended by Human Resources Committee. e. Accept the contract work for Aeration Air Renovations, District Project 7207 completed by NCCI, Inc., and authorize filing of the Notice of Completion. Accept the 2008 Wastewater Utility Service Capacity/Demand Report and adopt Resolution 2008-114 updating the policy (adopted by Resolution 2006-027) regarding the provision of wastewater collection, treatment, and disposal services to residential developments with affordable housing units. 6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 7. REPORTS a. GENERAL MANAGER 1) Capacity Fees Special Studies Update General Manager James Kelly stated that the District's Capacity Fees for commercial and industrial users are for average discharges. For unique circumstances, the District conducts a special study to determine the Capacity Fee (a function of waste strength and flow). A condition of the special study is Book 58 -Page 133 Board Minutes of December 4, 2008 that the District reviews it for accuracy after up to five years of operation. As a result of these reviews, a user may owe additional Capacity Fees or may be due a refund. Since the outcome of the reviews may result in significant additional fees being owed by customers, staff periodically apprises the Board of the outcome of the special study reviews. The last presentation to the Board was in July of 2005. Environmental Services Division Manager Curt Swanson presented a summary of thirteen special studies prepared during the period from 2003 to 2005. Two users significantly exceeded the fee estimate and eleven were within the acceptable range. The two users who significantly exceeded the estimate were Kaiser Hospital in Walnut Creek and the County Juvenile Hall in Martinez. Additional fees owed by Kaiser are $198,358 and $126,541 by the County, based on staff's initial analyses. He concluded his report, stating that staff will continue discussions with Kaiser and the County to verify water usage and planned conservation measures and explore potential payment options. 2) Household Hazardous Waste Annual Report General Manager James Kelly stated that the Household Hazardous Waste Program has been in operation now for eleven years and is an important element of our Pollution Prevention Program. Supervisor David Wyatt is here to present a summary of the fiscal year 2007/08 Household Hazardous Waste Program Annual Report that has been presented to the Household Hazardous Waste Committee and is scheduled to be presented to Mt. View Sanitary District on December 4, 2008. Household Hazardous Waste Supervisor David Wyatt presented a summary of the fiscal year 2007-2008 Annual Report covering operating data, temporary collection events, small business program, and 10-year statistics. Mr. Wyatt reported that 27,940 households and small businesses were served in fiscal year 2007-2008. This is up from the previous year, primarily due to Universal Waste laws. Total operating costs (including capital costs) were $66 per car, compared to $61 in the prior year. In 2007-08, 1,891,363 pounds of hazardous waste was collected, compared to 1,895,523 in the prior year. Battery collection was down in 2007-08 to 44,370 pounds, compared with 64,540 the prior year. The reduction is most likely due to the Central Contra Costa Solid Waste Authority's battery collection program, which collected more than 37,500 pounds of batteries in 2007-08. Book 58 -Page 134 Board Minutes of December 4, 2008 Fluorescent lamp collection amounted to 251,612 feet in 2007-08, versus 145,376 feet in 2006-07. There was one temporary collection event in San Ramon serving a total of 463 cars. Small businesses, or the "Conditionally Exempt Small Quantity Generators" (CESQG) program, conducted 386 appointments, compared with 373 the prior year. With regard to the 2008-09 outlook, Mr. Wyatt stated that waste costs are expected to remain around the same as 2007-08. Labor costs will increase with the addition of a new Household Hazardous Waste Technician. One temporary collection event will be held in the spring of 2009 in San Ramon. New programs for 2009 will include the pharmaceutical collection program and new visitor management software. Board Members thanked Mr. Wyatt for his comprehensive report and had no proposed changes. 3) General Manager James Kelly announced that staff will present the Annual Household Hazardous Waste Collection Facility Report to the Mt. View Sanitary District Board of Directors on Thursday, December 11, 2008 at 6:30 p.m. MVSD is located at 3800 Arthur Road in Martinez. 4) General Manager James Kelly announced that the annual Holiday Party will be held on Friday, December 12, 2008 from 1 p.m. to 3 p.m. at Back Forty BBQ located at 100 Goggins Drive in Pleasant Hill. 5) General Manager James Kelly announced that Assistant Land Surveyor Tom Phillips was seriously injured in a non-work related vehicular accident and is expected to be off work for an extended period of time. On March 20, 2008, the Board authorized a contract in an amount of $525,000 to BKF Engineers to provide surveying services for District Project 5967, A- Line Easement Acquisition. BKF was selected through a competitive process for this work, and has excellent survey staff and credentials. Because surveying services are urgently needed for the design of the collection system projects so that they will be ready for bidding in the spring, staff has authorized BKF Engineers to proceed with data acquisition for some of these collection system projects to augment our own survey staff while Tom Philips is not available. Staff will be assessing the amount of survey assistance needed in the coming months and will come back to the Board with a position paper if the work needed exceeds the 15 percent staff authority for increasing BKF's consultant contract. 6) General Manager James Kelly announced that Delta Diablo Sanitation District has contracted with KCBS-AM Radio for athree-week campaign against F.O.G. (Fats, Oils and Grease) consisting of cone-minute Book 58 -Page 135 Board Minutes of December 4, 2008 commercial, broadcast 20 times per week at a cost of $24,000 ($400 per minute). The campaign began last week and will end at the end of next week. A banner ad also runs on the KCBS website for the duration of the ad campaign. The commercial reminds listeners not to pour F.O.G. down the drain and to bring used cooking oil in a sealed container to the Delta Household Hazardous Waste Collection Facility. The spot ends very quickly with "For more information on how to end FOG, call 925-756-1900 or go to DDSD.org. Only East County residents are eligible for this service." b. COUNSEL FOR THE DISTRICT District Counsel Kent Alm reported that KB Homes has requested a meeting to discuss the fee dispute with the District. The District filed a lawsuit two weeks ago. The meeting has been scheduled for December 10, 2008. If the matter is not resolved, the District will proceed with the lawsuit. 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 Contra Costa County Mayors' Conference in Brentwood. 2) Board Member reports on recent meetings for which they received the stipend. a) President Lucey reported on the November 25, 2008 Human Resources Committee meeting and summarized the Action Summary. The Board accepted the report. b) Member McGill reported on the December 1, 2008 Budget and Finance Committee meeting and summarized the Action Summary. The Board accepted the report. 3) There were no Board Member reports on recent meetings or conferences for which the District paid their expenses. Book 58 -Page 136 Board Minutes of December 4, 2008 4) Announcements Member McGill invited Board Members and staff to attend a reception for Walnut Creek City Council Member Sue Rainey on December 13, 2008. 8. ENGINEERING a. ADOPT RESOLUTIONS ACCEPTING GRANTS OF EASEMENT (DISTRICT PROJECT 5968 -PARCELS 1 THROUGH 23) AND AUTHORIZE THE PRESIDENT OF THE BOARD OF DIRECTORS AND THE SECRETARY OF THE DISTRICT TO EXECUTE QUITCLAIM DEEDS (DISTRICT PROJECT 1572 - VARIOUS PARCELS) TO PROPERTY OWNERS IN THE TARRY LANE/VAN TASSEL LANE NEIGHBORHOOD, ORINDA, AND AUTHORIZE STAFF TO RECORD DOCUMENTS WITH THE CONTRA COSTA COUNTY RECORDER General Manager James Kelly stated that this project relocated and replaced backyard easement sewers on 23 properties. It was negotiated and exchanged on each property. Previous practice would have required 23 separate Board actions to accomplish the easement exchanges, however, the Secretary of the District, Right-of-Way staff, and the County Recorder's Office have worked together to streamline this process to require a single Board action. This is a win-win for the District and the County. These items will be placed on the Consent Agenda in the future. It was moved by Member Nejedly and seconded by Member Menesini to adopt Resolutions 2008-115 and 2008-116 accepting grants of easement (District Project 5968 -Parcels 1 through 23) and to authorize the President of the Board of Directors and the Secretary of the District to execute quitclaim deeds (District Project 1572 - various parcels) to property owners in the Tarry Lane/Van Tassel Lane neighborhood, Orinda, and to authorize staff to record documents with the Contra Costa County Recorder. Motion passed by unanimous vote of the Board. 9. BUDGET AND FINANCE a. APPROVE THE COMPREHENSIVE ANNUAL FINANCIAL REPORT AS OF JUNE 30, 2008 FOR SUBMISSION TO THE GOVERNMENT FINANCE OFFICERS ASSOCIATION. REVIEWED BY BUDGET AND FINANCE COMMITTEE General Manager James Kelly stated that this is the ninth consecutive year that the Comprehensive Annual Financial Report is being submitted for Board review. The District has been awarded the Certificate of Achievement for Excellence in Financial Reporting for the last eight years. This is the highest form of recognition for excellence in state and local government financial reporting. The document includes ten years of historical data. It aids with bond financing applications and with working with other agencies. It also provides a great summary for the Board and staff. Mr. Kelly Book 58 -Page 137 Board Minutes of December 4, 2008 recognized the efforts of Finance Administrator Colette Curtis Brown and Accountant Thea Vassallo in preparing the 2008 report. It was moved by Member Hockett and seconded by Member Nejedly to approve the Comprehensive Annual Financial Report as of June 30, 2008 for submission to the Government Finance Officers Association. Motion passed by unanimous vote of the Board. 10. 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)(8) TO CONTINUE WITH EMERGENCY REPAIRS ON THE CREEK CROSSING NEAR MOSSWOOD DRIVE IN LAFAYETTE BY K. J. WOODS CONSTRUCTION Associate Engineer Michael Penny presented an update on the emergency situation. He stated that the creek crossing pipe is in transit and should arrive by December 12, 2008. He requested that the Board authorize continuation of the emergency repairs. It was moved by President Lucey and seconded by Member Nejedly to continue the authorization for emergency repairs. Motion passed by unanimous vote of the Board. 11. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Nejedly commented on the letter sent to Board Members from East Bay Municipal Utility District (EBMUD) asking for support in opposing state takeaways of property taxes. General Manager James Kelly stated that he will draft a letter in response for the Board President's signature. Member McGill asked that the issue of possible suspension of Proposition 1A due to the fiscal emergency be placed on the Budget and Finance Committee agenda. 12. CLOSED SESSION The Board recessed at 2:52 p.m. to reconvene in closed session regarding: a. Conference with labor negotiators pursuant to Government Code Section 54957.6: District Negotiators: Director of Administration Randall Musgraves, Human Resources Manager Cathryn Freitas, Secretary of the District Elaine Boehme Employee Organizations: Employees' Association, Public Employees' Union, Local One; CCCSD Management Support/Confidential Group (MS/CG); CCCSD Management Group. Book 58 -Page 138 Board Minutes of December 4, 2008 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. d. Conference with Legal Counsel -Anticipated Litigation -significant exposure to litigation pursuant to Government Code Section 54956(b) -one potential case. e. Personnel Matters Pursuant to Section 54957 of the Government Code - Performance Evaluation for District Counsel. The Board reconvened in open session in the Board Room at 3:45 p.m. 13. REPORT OUT OF CLOSED SESSION None. 14. ADJOURNMENT There being no further business to come before the Board, President Lucey adjourned the meeting at 3:45 p.m. G• J es A. Nejedly President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: ~n~ Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Book 58 -Page 139