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HomeMy WebLinkAboutBOARD MINUTES 12-07-06 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON DECEMBER 7, 2006 The District Board of the Central Contra Costa Sanitary District convened in a regular session in the Board Room 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 7, 2006. President Menesini called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Boneysteele, Hockett, Lucey, Nejedly, Menesini ABSENT: Membe~: None a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance to the Flag. b. INTRODUCTIONS Board Members congratulated Executive Assistant Earlene Millier on her promotion to Engineering Assistant III. 2. PUBLIC COMMENTS There were no public comments. 3. RESULTS OF THE NOVEMBER 7,2006 CONSOLIDATED ELECTION a. ADOPTION OF RESOLUTION ACCEPTING THE ELECTION RESULTS OF THE NOVEMBER 7,2006 CONSOLIDATED ELECTION District Secretary Elaine Boehme reported that the official election results were received from the County Elections Office on December 5, 2006. The results were as follows: Candidate Gerald R. Lucey Michael R. McGill Parke L. Boneysteele Paul H. Causey Write-in Votes - 38,522 37,096 32,261 18,257 382 Percentaqe 30.45 29.32 25.50 14.43 .30 The total number of ballots cast in the election was 129,943 ballots, resulting in a voter turnout of 69.33 percent based on a voter registration of 187,433 voters. It was moved by Member Hockett and seconded by Member Nejedly to adopt Resolution 2006-122, accepting the official election results. Gerald Lucey was re- elected and Michael R. McGill was elected to the Board of Directors for four-year terms. Motion passed by unanimous vote of the Board. b. ADOPTION OF RESOLUTION IN RECOGNITION OF OUTGOING BOARD MEMBER PARKE BONEYSTEELE Board Members commended Member Parke Boneysteele on his thirty-eight years of dedicated service to the District. Book 55 - Page 58 Board Minutes of December 7, 2006 The Board adopted Resolution 2006-123, recognizing outgoing Board Member Boneysteele for his years of service. c. OATH OF OFFICE FOR NEWLY-ELECTED BOARD MEMBERS Secretary of the District Elaine Boehme administered the Oath of Office to newly- elected Board Members Lucey and McGill. The Board recessed at 1:48 p.m. to the Multi Purpose Room for a reception for Board Members Lucey and McGill. At 2:25 p.m., the conclusion of the reception, the Board reconvened in the Board Room for the remainder of the agenda. 4. APPOINTMENT OF NEW PRESIDENT AND PRESIDENT PRO TEM FOR A ONE-YEAR TERM COMMENCING JANUARY 1, 2007 President Menesini welcomed Member McGill to the Board. It was moved by President Menesini and seconded by Member Lucey to appoint Member Nejedly as President commencing January 1,2007. Motion passed by unanimous vote of the Board. It was moved by Member Hockett and seconded by President Menesini to appoint Member Lucey as President Pro Tem commencing January 1,2007. Motion passed by unanimous vote of the Board. 5. CONSENT CALENDAR It was moved by Member Hockett and seconded by Member Lucey to approve the Consent Calendar, consisting of Items a. through i., as recommended, to adopt resolutions, and to authorize recordings. Motion passed by unanimous vote of the Board. a. Adopt Resolution 2006-124 accepting a grant of easement from Mark R. Rogers (District Project 5646 - Parcel 5), and authorize staff to record documents with the Contra Costa County Recorder. b. Adopt Resolutions 2006-125 and 2006-126 accepting a grant of easement (District Project 5646 - Parcel 6) and authorizing execution of a quitclaim deed to Noel and Jeraldine Breault (3098 Vessing Road, Pleasant Hill, District Project 1551 - Parcel 44 (Portion) and District Project 64 (Portion)), and authorize staff to record documents with the Contra Costa County Recorder. c. Adopt Resolutions 2006-127 and 2006-128 accepting a grant of easement (District Project 5646 - Parcel 13) and authorizing execution of a quitclaim deed to Michael Tully-Cintron and Antonia Tully (2130 Hoover Court, Pleasant Hill, District Project 1551 - Parcel 44 (Portion) and District Project 933- Parcel 1 (Portion)), and authorize staff to record documents with the Contra Costa County Recorder. d. Adopt Resolutions 2006-129 and 2006-130 accepting a grant of easement (District Project 5646 - Parcel 14) and authorizing execution of a quitclaim deed to Darren Winnie (241 Oak Park Lane, Pleasant Hill, District Project 1551 - Parcel 44 (Portion) and District Project 933 - Parcel 1 (Portion)), and authorize staff to record documents with the Contra Costa County Recorder. e. Adopt Resolutions 2006-131 and 2006-132 accepting a grant of easement (District Project 5646 - Parcel 16) and authorizing execution of a quitclaim deed to Kathleen M. Evans (18 Bonnie Place, Pleasant Hill, District Project 1551 - Parcel 44 (Portion) and District Project 933- Parcel 1 (Portion)), and authorize staff to record documents with the Contra Costa County Recorder. Book 55 - Page 59 Board Minutes of December 7, 2006 f. Adopt Resolutions 2006-133 and 2006-134 accepting a grant of easement (District Project 5646 - Parcel 8) and authorizing execution of a quitclaim deed to John and Sarah Tymo (21 Bonnie Place, Pleasant Hill, District Project 1551 - Parcel 44 (Portion) and District Project 933 - Parcel 1 (Portion)), and authorize staff to record documents with the Contra Costa County Recorder. g. Accept the contract work for the Lower Orinda Access Road Stabilization Project, District Project 5944, and authorize filing of the Notice of Completion. h. Deny appeal of Public Employees' Union, Local One and adopt the arbitrator's recommendation in the disciplinary matter involving an employee represented by Local One. I. Authorize Molly Mullin, Engineering Assistant III to attend an International Right of Way Association (IRWA) training program in Bellevue, Washington from December 11-12,2006. 6. HEARINGS a. CONDUCT A PUBLIC HEARING AND ADOPT A RESOLUTION DECLARING THE ALUM PONDS LOCATED ON THE TREATMENT PLANT SITE ADJACENT TO THE FILTER PLANT AS SURPLUS PROPERTY, AND AUTHORIZE THE GENERAL MANAGER OR HIS DESIGNEE TO EXECUTE AND ADMINISTER A LEASE EXTENSION WITH CONTRA COSTA WATER DISTRICT. FOR A PERIOD NOT TO EXCEED TEN YEARS General Manager James Kelly stated that, since 1997, the Contra Costa Water District (CCWD) has been leasing approximately 9.5 acres on the District treatment plant site for drying alum sludge from the Bollman Water Treatment Plant. This arrangement has worked well for both Districts and CCWD is now asking for a ten-year extension to the lease. In order to process this lease extension, the District must conduct a public hearing. Director of Engineering Ann Farrell presented a report. She stated that the treatment plant site is large, with some unused areas. There is no known use for the unused areas at this time, although the District will retain the areas for buffer and possible future use. Leasing of the surplus area will result in revenue to the District and benefit ratepayers. The area has been leased to the Contra Costa Water District for approximately nine years, and they are now requesting an extension to the lease. She stated that fair market value for the land would be about $135,000 for the first year with 3 percent escalation each year thereafter. She stated that the CCWD maintains an industrial discharge permit and pays the going rate for any liquid decanted from the ponds. The new lease has additional language including a termination clause and the elimination of CCCSD liability for any damage to the ponds from flooding or other acts of nature. Also, CCWD is responsible for paying any regulatory fines caused by their operation. She concluded that the lease represents a beneficial partnership which utilizes surplus land to generate revenue, reduce alum sludge drying costs paid by the rate payers, and utilizes solar energy to dry sludge and reduce greenhouse gases. Jerry Brown, Contra Costa Water District, spoke in support of the proposed lease. In response to questions, District Counsel Kent Aim confirmed that hazardous material language has also been improved in the new lease, making CCWD responsible for any costs associated with their use of the property. The public hearing was opened and closed without comments. It was moved by Member Nejedly and seconded by Member Lucey to adopt Resolution 2006-135 declaring the Alum Ponds located on the Treatment Plant site adjacent to the Book 55 - Page 60 Board Minutes of December 7, 2006 filter plant as surplus property, and to authorize the General Manager or his designee to execute and administer a lease extension with Contra Costa Water District for a period not to exceed ten years. Motion passed by unanimous vote of the Board. 7. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 8. REPORTS a. GENERAL MANAGER 1) General Manager James Kelly reported that Members Hockett and McGill will be attending the California Association of Sanitation Agencies (CASA) Conference on January 17 - 20, 2007. He stated that staff recommends that the Board concur with the report. There being no comments, the Board concurred. 2) General Manager James Kelly announced that, on December 5, 2006, the District received a Notice of Violation from the Bay Area Air Quality Management District (BAAQMD) for operating an incinerator below 1000 degrees Fahrenheit while burning landfill gas. The incinerator was going off-line and was being maintained in hot standby in case any issues occurred during startup of the other incinerator. On November 26, the standby incinerator temperature dropped below 1000 degrees Fahrenheit while operating on landfill gas for twenty minutes before it was recognized by staff. Staff reported the incident on November 28 and BAAQMD inspector Scott Appian issued a Notice of Violation to the District on December 5 after reviewing the operating data. The Air Board's Enforcement Division will evaluate the incident and determine if a fine is appropriate. This determination can take several months. Staff is looking at modifications to the alarm system and operating procedures to ensure that events like this do not recur. Director of Plant Operations Doug Craig responded to questions from Board Members, stating that two furnaces were running, with a less experienced operator sitting at the furnace. The operator did not realize that the 1000 degree criterion applied to the furnace if sludge was not being added, and was focusing on other furnace. Procedures will be reinforced so this does not occur in the future. 3) General Manager James Kelly announced that District staff will be meeting with businesses to review and receive comments on the revisions to the District's Source Control Ordinance and Local Limits. Seven workshops will be held, beginning on December 15, 2006, and continuing through January 2007. Staff will report back to the Board after the workshops are completed. 4) General Manager James Kelly announced that, at the December 14, 2006 special Board meeting, in addition to the ethics training, there will be some brief agenda items. There will be two items on the consent calendar and a closed session item. Announcements 5) through 11) were included in the Board agenda packet. 5) General Manager James Kelly announced the advertisement of Treatment Plant Safety Enhancements, District Project 7263. The Treatment Plant Safety Enhancements, Phase 3, Project includes project elements that were identified through the District's Safety Suggestion Program and through plant staff input. The project consists of the addition of equipment access platforms, repair of existing handrail, installation of new handrail, Book 55 - Page 61 Board Minutes of December 7, 2006 installation of new access hatches, and the repair and modification of existing electrical vault covers. This project will be advertised in December 2006 and bids will be opened in January 2007. The construction cost is currently estimated at $84,000. More information will be presented when Board approval of the construction contract is requested. 6) General Manager James Kelly announced that, on April 6, 2006, the Board authorized a construction contract with D.W. Nicholson Corporation. The ultraviolet equipment is being assembled in Toronto, Canada. Based on the current schedule, this equipment will be ready for factory acceptance testing in early January 2007. Staff feels it would be prudent to witness the testing of all ultraviolet equipment prior to shipping from Canada because it would be easier to correct problems at the factory. The factory acceptance testing will take approximately two weeks in early January. Witnessing of factory testing will require up to two District staff who will be identified when the exact testing schedule is available. 7) General Manager James Kelly announced that the District has been selected to receive the 2006 CASA Technical Achievement Award. The award recognizes integrating the Sewer TV Inspection Project data into the District's Geographic Information System. Engineering Support Supervisor Bill Clement, and Associate Engineer Tom Godsey, the project manager, collaborated on the preparation and integration of the data that is available on all desktop computers at the District. They will be traveling to the CASA Mid-Year Conference at Palm Springs on January 17 to 19, 2007, to make a presentation on the project. 8) General Manager James Kelly announced that Caltrans has awarded a contract to McGuire and Hester Construction to repair the District's trunk sewer line located off Lancaster Road in Walnut Creek. The trunk sewer was damaged by a pile support for the highway sound wall. This is a Caltrans project and all project notifications, traffic control, permit requirements, and construction management will be completed by Caltrans staff. District staff will be involved in the final inspection and acceptance of the pipeline repair. Staff will also review Caltrans' sewer bypass procedures to help prevent an overflow during construction. Work is expected to begin in mid-December and be completed by January 2007. 9) General Manager James Kelly announced that the Bay Area Pollution Prevention Group and the California Water Environmental Association are collaborating on a workshop for wastewater agencies interested in implementing dental amalgam programs. The workshop will be on Thursday, December 14,2006, from 9:00 a.m. to 3:30 p.m. here at Headquarters. Bay Area agencies that have already implemented dental amalgam programs are going to share their work, and all outreach and program materials created by these agencies will be provided on CDs. 10) General Manager James Kelly announced that District Counsel Kent Aim will conduct mandatory ethics training for Board members and senior management staff on Thursday, December 14, 2006, from 2:00 to 4:00 p.m. in the Board Room. This two-hour session meets the requirements for training set forth in AB 1234. 11) General Manager James Kelly announced that the Contra Costa Council is hosting a reception for Congressman Elect Jerry McNerney at the San Ramon Marriot Hotel on December 12 , 2006, at 5:00 p.m. Book 55 - Page 62 Board Minutes of December 7, 2006 b. Counsel for the District District Counsel Kent Aim presented an update on the status of the District Code review, which will be presented to the Board for adoption in early spring. Mr. Aim asked how the Board would like to receive the information regarding the Code changes. Member Lucey requested that Mr. Aim prepare written information listing and explaining the reason for the proposed substantive Code changes. President Menesini concurred. c. Secretary of the District No reports. d. Board Members 1) Member Hockett, Chair of the Budget and Finance Committee, reported that the Committee reviewed the Expenditures and recommends approval. It was moved by Member Hockett and seconded by Member McGill to approve the Expenditure List dated December 7, 2006, including Self Insurance Fund Check Nos. 102806 to 102808, Running Expense Check Nos. 163716 to 163871, and Sewer Construction Fund Check Nos. 29515 to 29561. Motion passed by unanimous vote of the Board. 2) Member Hockett reported on her recent attendance at a meeting of the California Association of Sanitation Agencies (CASA) Executive Board. She described the retreat, which covered CASA's strategic plan, structure, and organizational issues. 9. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER TO EXTEND THE AGREEMENT WITH THE CONTRA COSTA CLEAN WATER PROGRAM FOR THE DISTRICT'S SOURCE CONTROL SECTION TO CONDUCT STORM WATER INSPECTIONS IN THE CENTRAL COUNTY CITIES THROUGH JUNE 30, 2009 General Manager James Kelly stated that the Position Paper provides the background of the interagency partnership with the Clean Water Program and proposes to authorize approval of an extension of the contract through June 30, 2009. Normally this extension would be processed a few months from now, but the Clean Water Program has been working with the City of Hercules to join the agreement so that East Bay MUD can conduct inspections in Hercules, starting in the current fiscal year. The service agreement is structured to enable the District to fully recover costs, including overhead, associated with providing the inspections. Director of Engineering Ann Farrell described the cost recovery aspect of the partnership. She stated that the last contract renewal included a provision allowing the District to increase the overhead rate to reflect the true rate. The 2007-08 overhead rate estimate is 171 percent. Member Lucey inquired about the cost recovery for lab tests. He concurred that the Clean Water Program appears to be paying its fair share of the overhead, although they are not really paying for two full-time equivalent Source Control Inspector positions as stated in the Position Paper. It was moved by Member Lucey and seconded by Member Nejedly to authorize the General Manager to extend the agreement with the Contra Costa Clean Water Program for the District's Source Control Section to conduct storm water inspections in the central county cities through June 30, 2009. Motion passed by unanimous vote of the Board. Book 55 - Page 63 Board Minutes of December 7, 2006 10. HUMAN RESOURCES a. ADOPT MODIFICATION OF SALARY FOR THE POSITION OF EXECUTIVE ASSISTANT. S-63, $4,776-$5,779 General Manager James Kelly stated that Executive Assistant Earlene Millier applied for and has received a promotion from Executive Assistant to Engineering Assistant III. Staff has done a salary survey for the vacated position and has learned that the range for Executive Assistants is below other agencies by 7.5 percent. Staff recommends the Executive Assistant salary be raised to the level of comparable positions in neighboring jurisdictions. It was moved by Member Hockett and seconded by President Menesini to approve the modification of salary for the position of Executive Assistant, from S-60 ($4,448-$5,379) to S-63 ($4,776-$5,779). Motion passed by unanimous vote of the Board. 11. APPROVAL OF MINTUES a. MINUTES OF NOVEMBER 2, 2006 It was moved by Member Hockett and seconded by President Menesini to approve the minutes of November 2, 2006. Motion passed by the following vote of the Board: AYES: NOES: ABSTAIN: Members: Members: Members: Hockett, Lucey, Nejedly, Menesini None McGill 12. BUDGET AND FINANCE a. APPROVE THE COMPREHENSIVE ANNUAL FINANCIAL REPORT AS OF JUNE 30, 2006 FOR SUBMISSION TO THE GOVERNMENT FINANCE OFFICERS ASSOCIATION General Manager James Kelly announced that Board approval is being requested to submit the 2006 Comprehensive Annual Financial Report (CAFR) to the Government Finance Officers Association. The District has been awarded the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association (GFOA) for the past six years. The Certificate of Achievement is the highest form of recognition for excellence in state and local government financial reporting. In order to be awarded the Certificate, the document must be easy to read, efficiently organized, and include ten years of historical financial and statistical data. The report must also satisfy generally accepted accounting principles. It was moved by Member Nejedly and seconded by Member Lucey to authorize submission of the Comprehensive Annual Financial Report as of June 30, 2006 to the Government Finance Officers Association. Motion passed by unanimous vote of the Board. b. RECEIVE OCTOBER 2006 FINANCIAL STATEMENTS Controller Debbie Ratcliff presented a brief report on the October 2006 Financial Statements, including the status of the Running Expense Fund, Sewer Construction Fund, and Temporary Investments. 13. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 14. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None. Book 55 - Page 64 Board Minutes of December 7, 2006 15. ADJOURNMENT There being no further business to come before the Board, President Menesini adjourned the meeting at 2:58 p.m. '--- &. Presi t of the Board of D' ector , Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: ~~ Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Book 55 - Page 65