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HomeMy WebLinkAboutBOARD MINUTES 12-18-08MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON DECEMBER 18, 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 18, 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. b. INTRODUCTIONS Board Members congratulated Michelle Edwards on her appointment to Plant Operator Trainee. 2. PUBLIC COMMENTS There were no public comments. 3. CONSENT CALENDAR Gary Stucky, Executive Director of Local One, requested that Item 3.e. be removed from the Consent Calendar for discussion. It was moved by Member Nejedly and seconded by Member Menesini to adopt the Consent Calendar, with the exception of Item 3.e. Motion passed by unanimous vote of the Board. a. Approve expenditures dated December 18, 2008. Reviewed by Budget and Finance Committee. b. Approve minutes of November 20, 2008 Board Meeting. Book 58 -Page 140 Board Minutes of December 18, 2008 c. Adopt Resolutions 2008-117 and 2008-118, accepting grants of easements (District Project 4985 -Parcels R-23, R-29, R-31) and authorizing execution of quitclaim deeds (District Project 4985 -Parcels 23, 29, 31) to property owners in the Ruth Drive and Harriet Drive Neighborhood, Pleasant Hill, and authorize staff to record documents with the Contra Costa County Recorder. d. Adopt Resolution of Application 2008-119 requesting that Contra Costa LAFCO initiate proceedings to annex two annexation areas to the Central Contra Costa Sanitary District (District Annexation 168C.1). Authorize extension of medical leave of absence without pay for Utility Worker Maralee Davi through March 31, 2009. g. Authorize extension of medical leave of absence without pay for Instrument Technician Kevin Kendall through March 31, 2009. e. Adopt arbitrator's recommendation to deny the appeal of the Union in the disciplinary matter of Source Control Inspector II Kiley Kinnon. Mr. Stucky stated that Local One and Mr. Kinnon disagree with the arbitrator's recommendation and stated the reasons. He asked the Board to consider alternatives to adopting the arbitrator's recommendation. It was moved by Member Hockett and seconded by President Lucey to approve Item 3.e. Motion passed by unanimous vote of the Board. 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER The Closed Session was taken out of order immediately following adoption of the Consent Calendar. 5. REPORTS a. GENERAL MANAGER 1) Request from City of Orinda to operate aCity-owned Pumping Station General Manager James Kelly stated that the District currently operates a pumping station at Wagner Ranch School for the Orinda Union School District. Recently, the City of Orinda requested that the District consider providing similar operations service for two new pumping stations planned for the Wilder Sports Field. Principal Engineer Jarred Miyamoto-Mills presented a report on the status of the current service for the School District and the request from the City. He stated that CCCSD built the pumping station at Sleepy Hollow Elementary School in 1951, and operated it for Orinda Union School District (OUSD) until 1982. In 1982, the station was acquired Book 58 -Page 141 Board Minutes of December 18, 2008 as a District facility because a number of homes near the school applied for connection to the pumping station. CCCSD built the station at Wagner Ranch Elementary School in 1969, and has operated it for OUSD since then. Currently, service is provided under an informal "letter agreement." If service is to be continued, a formal agreement should be negotiated. City of Orinda staff has requested that CCCSD consider providing contract operation and maintenance services for the two stations planned for the Wilder Sports Field. Wilder Sports Field is located near the Gateway Boulevard/Shakespeare Festival Way off ramp from Highway 24. The stations will serve two restroom buildings, a small concession stand, and a Parks and Recreation Department workshop. Mr. Miyamoto-Mills stated that the Board has several alternatives: decline to continue service at Wagner Ranch or to provide new service at Wilder Sports Field; agree to continue service at Wagner Ranch and to provide new service at Wilder Sports Field; agree to continue service at Wagner Ranch and decline to provide new service at Wilder Sports Field; or acquire the Wagner Ranch and Wilder Sports Field stations and operate them as District facilities. He discussed various factors that should be taken into account in making a decision. Board consideration of the matter is scheduled for the January 15, 2009 Board meeting. He stated that if the service concept or ownership is approved, staff will work with the School District and the City to implement that decision. If the District declines to provide operation and maintenance services, staff would inform the School District and City and work with the School District to achieve a smooth transition from CCCSD-provided services. In response to a question from President Lucey, staff responded that the District does not operate pumping stations for other cities. President Lucey pointed out that the numbers presented in the Position Paper regarding staff time appeared to be low. He stressed that if the District is responsible for the pumping stations it should be fully reimbursed for its costs. Member Nejedly stated that, while he does not have a firm position, he felt that it is best to have the District run pumping stations. He agreed with President Lucey that the cost should be fully reimbursed. Member Hockett agreed that it is best that the District run the pumping stations. She agreed that the District should be fully compensated, including on-call costs. Member McGill stated that the stations should belong to the City of Orinda, but the District could provide services by contract. He expressed support for Option 2 in the Position Paper. Book 58 -Page 142 Board Minutes of December 18, 2008 President Lucey reiterated his concern that all District costs should be covered. He stated that the City of Orinda should not be subsidized at the expense of other cities in the District. He agreed that the cost of on-call time should be included in any calculations. Member Menesini agreed that it would be better if the District operated the pumping stations. General Manager James Kelly stated that staff will come back at the January 15, 2009 Board meeting with additional information to ensure the District's costs were covered. 2) General Manager James Kelly announced that, in reviewing the minutes of the November 20, 2008 Board meeting, the Board was told that there were three reasons for the cost increases to the Collection System Operations Division Administration, Crew and Warehouse Facility Improvements Project. A fourth reason was omitted from the staff presentation in error. This reason is the increase in the City of Walnut Creek Permit Fees. Staff's initial estimate, based on experience with the improvements to the CalTrans lease area, was $150,000. Subsequent discussions with the City indicate that, due to the complexity of the project, the permit fees will likely be in the neighborhood of $500,000. 3) General Manager James Kelly announced that the California Association of Sanitation Agencies (CASA) Washington D.C. Conference will be held from Monday, March 9 through Wednesday, March 11, 2009. 4) General Manager James Kelly announced that the aeration basins have experienced air leaks from the floor of the air plenum boxes for many years. District Project 6157, Aeration Air Leaks Damage Assessment, was initiated in 2002 to investigate the condition of the air plenum boxes and slab floors of the aeration basin, as well as to investigate secondary piping systems. District Project 7207, Aeration Air Renovations, was constructed last summer (2008) to address the air leaks in Tank 1. The Aeration Air Renovations Phase 2 Project addresses the air leaks in Tank 2, using the pressure grouting method. This construction project will seal the existing cracks that are present in the floor of the 160 air plenum boxes of Tank 2, replace gaskets, retaining rings, and install new pressure relief valves. The project will be advertised for bids on January 5 and January 10, 2009, and construction for the project is scheduled for the summer of 2009. The Engineer's estimate is $2,000,000. Award of this project is planned for the February 19, 2009 Board Meeting. 5) General Manager James Kelly announced that the Treatment Plant Piping Renovations Phase 4 Project includes replacement of badly corroded and leaking piping systems. In addition, the project will incorporate the work Book 58 -Page 143 Board Minutes of December 18, 2008 from the Clarifiers Scum Pit Modifications Project, DP 7262, which includes replacement of corroded conduit and wiring for power, and control of the north and south clarifier scum pumping systems. Because both projects require coordination and shutdown of the clarifiers, the work was combined into one set of bid documents so only one contractor manages the construction activities. The project will advertise for bids on January 16 and 21, 2009. Award of this project is scheduled for the March 5, 2009 Board Meeting. Construction of the project would be completed by December 2009. The engineers construction cost estimate is $1,325,000. 6) General Manager James Kelly announced that, at its December 10, 2008 meeting, LAFCO approved six of seven annexation areas that were part of DA 171. Consideration of one area, consisting of three lots in the EI Toyonal area of Orinda, was continued to a future meeting so that watershed concerns could be researched. LAFCO also expanded CCCSD's Sphere of Influence in San Ramon by 258 acres in advance of LAFCO considering a future boundary reorganization application submitted by the City of San Ramon for the nearly 800 unit Faria Preserve residential subdivision project. The boundary reorganization requests annexation of the project site to the City of San Ramon, CCCSD and EBMUD. The area is generally located east of Bollinger Canyon Road, north of Deerwood Drive, and west of San Ramon Valley Blvd. b. COUNSEL FOR THE DISTRICT District Counsel Kent Alm provided information regarding AB 811, which limits the use of contractual assessment districts, such as AVADs, to only cities or counties. The California Association of Sanitary Agencies will be working to get this bill changed back to include special districts. He stated that the use of contractual assessment districts will therefore not be permitted, probably until after January 2010. 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. Members McGill and Hockett announced that they will attend the Mayors' Conference on January 8, 2009, in Brentwood. Book 58 -Page 144 Board Minutes of December 18, 2008 Members McGill and Hockett announced that they will attend the CASA Conference in Indian Wells on January 21-24, 2009. Members McGill and Hockett announced that they will attend the Contra Costa Council USA Dinner on January 29, 2009. 2) Board Member reports on recent meetings for which they received the stipend. a) Member Nejedly reported on the December 8, 2008 Ad Hoc Pharmaceutical/Sharps Committee meeting and summarized the Action Summary. The Board received the report without comments. b) President Lucey reported on the December 9, 2008 Outreach Committee meeting and summarized the Action Summary. The Board received the report without comments. c) Member McGill reported on the December 10, 2008 Recycled Water Committee meeting and summarized the Action Summary. In response to a question from President Lucey, District Counsel Kent Alm confirmed that it is within the authority of the General Manager to hire a lobbyist, provided there are sufficient funds in the recycled water budget. General Manager James Kelly stated that the cost is anticipated to be less than $50,000, and he will keep the Board informed of the lobbyist activities. d) Member McGill reported on the December 15, 2008 Budget and Finance Committee meeting and summarized the Action Summary. The Board received 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 December 4, 2008 Contra Costa County Mayors' Conference meeting. 4) President-Elect Nejedly distributed a memorandum announcing the proposed 2009 Board Committee assignments and asked Board Members to contact him if they had comments or questions. The assignments were as follows: Book 58 -Page 145 Board Minutes of December 18, 2008 Budget and Finance Committee Chair: Lucey Member: Nejedly Capital Projects Committee Chair: McGill Member: Lucey Household Hazardous Waste Committee Chair: Menesini Member: Nejedly Human Resources Committee Chair: Hockett Member: Lucey Outreach Committee Chair: Hockett Member: McGill Real Estate Committee Chair: Nejedly Member: Hockett Recycled Water Committee Chair: Hockett Member: McGill California Special Districts Association Contra Costa Chapter Representative: Hockett Alternate: McGill Friends of San Francisco Estua Representative: Menesini Sanitation and Water Agencies of Contra Costa County Representative: Lucey Alternate: Menesini Board Liaison to Cities and County Concord Nejedly Contra Costa County Book 58 -Page 146 Board Minutes of December 18, 2008 Alamo Hockett Danville San Ramon Pleasant Hill McGill Walnut Creek Martinez Menesini Lafayette Pacheco Moraga Lucey Orinda 5) Announcements Member McGill announced that he attended the Contra Council Land Use Task Force Meeting on December 10, 2008. Member McGill announced that he attended the Pleasant Hill City Council meeting on December 15, 2008. Member McGill announced that he attended the Mt. View Sanitary District Board Meeting for the presentation of the District's Annual Household Hazardous Waste Facility Report. 6. ADMINISTRATIVE a. REJECT TWO CLAIMS FOR DAMAGES BY MATTHEW PARKINEN REGARDING A TEMPORARY CONSTRUCTION EASEMENT AND TRESPASSING AND PROPERTY DAMAGE AT 26 WANDA WAY, MARTIN CALIFORNIA FROM A DISTRICT SEWER PROJECT It was moved by President Lucey and seconded by Member McGill to reject the two claims for damages by Matthew Parkinen regarding a temporary construction easement and trespassing and property damage at 26 Wanda Way, Martinez, California from a District sewer project. Motion passed by unanimous vote of the Board. 7. HUMAN RESOURCES a. ADOPT DIVERSITY STATEMENT General Manager James Kelly stated that at the October 16, 2008 Board meeting, Diversity Consultant Julie Brown proposed a diversity statement for Board consideration. The Human Resources Committee reviewed it at its November 25, 2008 meeting and recommends Board approval. Staff intends to publicize the statement with Book 58 -Page 147 Board Minutes of December 18, 2008 recruitment materials, the Employee Handbook, Lateral Connection, Pipeline, and the District's website. It was moved by President Lucey and seconded by Member Hockett to adopt the District's Diversity Statement. Motion passed by unanimous vote of the Board. "The Central Contra Costa Sanitary District believes that diverse perspectives foster innovation and creativity, enhance effective customer service and support processes and practices that ensure all viewpoints are understood, respected and appreciated. CCCSD will strive to recruit, retain and advance men and women of all backgrounds so that our workforce reflects the diversity of our customers and our communities." 8. 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 General Manager James Kelly stated that repairs have been completed and the emergency situation is terminated. No vote is therefore necessary. 9. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS President Lucey asked that the agenda reflect the actual order of agenda items when it is known that the Closed Session is being held at the beginning of the meeting so that staff can plan to attend at the beginning of the regular session. President Lucey asked that the Secretary of the District schedule an item to discuss review of Board Member compensation on the next agenda. 10. CLOSED SESSION This was held immediately following the Consent Calendar earlier in the meeting. The Board recessed at 2:13 p.m. to reconvene in closed session regarding: a. Conference with labor negotiators pursuant to Government Code Section 54957.6: District Negotiators: Labor Counsel Allison Woodall, Esq.; Director of Administration Randall Musgraves, Human Resources Manager Cathryn Freitas, Secretary of the District Elaine Boehme. Book 58 -Page 148 Board Minutes of December 18, 2008 Employee Organizations: Employees' Association, Public Employees' Union, Local One; CCCSD Management SupportJConfidential Group (MS/CG); CCCSD Management Group. b. Conference with Legal Counsel -existing litigation pursuant to Government Code Section 54956.9(a): • James L. Talada III and Melody LaBella v. Central Contra Costa Sanitary District, et al. -Civil Action Case No. C08-2771. • Daniel and Eileen Scanlon v. Kandi Kaufman, et al; Lorraine Kaufman v. Daniel Scanlan, et al -Cross-Complaint -Contra Costa County Superior Court Case No. C06-01976. Central Contra Costa Sanitary District v. KB Homes -Contra Costa County Superior Court Case No. CIVMSC08-02892. c. Conference with Legal Counsel -Anticipated Litigation -significant exposure to litigation pursuant to Government Code Section 54956(b) -one potential case. The Board reconvened in open session in the Board Room at 3:15 p.m. 11. REPORT OUT OF CLOSED SESSION None. 12. ADJOURNMENT There being no further business to come before the Board, President Lucey adjourned the meeting at 4:05 p.m. ...yam r Jas A. Nejedly ,' President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: _ ~Q.~ Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Book 58 -Page 149