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HomeMy WebLinkAboutBOARD MINUTES 02-05-04 142 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON FEBRUARY 5, 2004 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on February 5, 2004. President Lucey called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Menesini, Boneysteele, Nejedly, Hockett, 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 . INTRODUCE ERIKA LlSKAMM. NEWLY HIRED ENGINEERING ASSISTANT I Engineering Assistant I Erika Liskamm was introduced and welcomed to the District by President Lucey and the Board of Directors. . RECOGNIZE DEAN McNEELY ON HIS PROMOTION TO MECHANICAL SUPERVISOR President Lucey and the Board of Directors congratulated Mr. Dean McNeely, Mechanical Supervisor, on his recent promotion. 2. PUBLIC COMMENTS None 3. AWARDS AND COMMENDATIONS a. CALIFORNIA WATER ENVIRONMENT ASSOCIATION. SAN FRANCISCO BAY SECTION ANNUAL AWARDS FOR 2003 Mr. Charles W. Batts, General Manager, stated that the District had two nominees for California Water Environment Association (CWEA), San Francisco Bay Section Awards for 2003. Mr. Batts recognized Electrical Technician Don Parker and Associate Engineer Craig Mizutani. Mr. Parker was nominated as Electrical/Instrumentation Person of the Year because of his excellent customer service and excellent technical performance in many areas, including the lighting and controls for the Board Room. Mr. Mizutani was nominated for the AI Ditman Professional Development Award because of his outstanding contributions to the CWEA Professional Development Committee. Mr. Batts and the Board of Directors thanked Messrs. Parker and Mizutani for their outstanding efforts that led to their nominations. 4. CONSENT CALENDAR It was moved by Member Hockett and seconded by Member Nejedly, that the Consent Calendar, consisting of Items a. through g., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 02 05 0 ,l1 ""'4 143 a. Public sewer improvements and an Offer of Dedication were accepted from Donald L. Haskins Tre and William E. Haskins Tre for an easement shown on the recorded final map of Subdivision 7972 in the City of Lafayette, Job 5274, Parcel 1; staff was authorized to record the easement acceptances with the Contra Costa County Recorder; and Resolution No. 2004-008 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Nejedly, Menesini, Boneysteele, Lucey None None b. Public sewer improvements and an Offer of Dedication were accepted from Braddock and Logan Group, LP for an easement shown on the recorded final map of Subdivision 8078 in the Town of Danville, Job 5275, Parcel 1; staff was authorized to record the easement acceptances with the Contra Costa County Recorder; and Resolution No. 2004-009 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Nejedly, Menesini, Boneysteele, Lucey None None c. Public sewer improvements and an Offer of Dedication were accepted from Steven J. Furtado Construction and Development for an easement shown on the recorded final map of Subdivision 8187 in the City of Walnut Creek, Job 5375, Parcel 2; staff was authorized to record the easement acceptances with the Contra Costa County Recorder; and Resolution No. 2004-010 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Hockett, Nejedly, Menesini, Boneysteele, Lucey NOES: Members: None ABSENT: Members: None d. Public sewer improvements and an Offer of Dedication were accepted from Autumn Creek Associates Limited Partnership for an easement shown on the recorder final map of Subdivision 8283 in the Town of Danville, Job 5469, Parcel 1; staff was authorized to record the easement acceptances; and Resolution No. 2004-011 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Hockett, Nejedly, Menesini, Boneysteele, Lucey NOES: Members: None ABSENT: Members: None e. Authorization was given for Proposed Annexation (P.A.) 04-01 (Danville), P.A. 04-02 (Alamo), P.A. 04-03 (Alamo), P.A. 04-04 (Alamo), P.A. 04-05 (Alamo), and P.A. 04-06 (Danville) to be included in a future formal annexation to the District. 02 05 04 144 Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: f. Hockett, Nejedly, Menesini, Boneysteele, Lucey None None The Walnut Creek Renovations Phase 2 Project, DP 5709, was approved for California Environmental Quality Act (CEQA) and permitting purposes, and staff was directed to file a Notice of Exemption with the Contra Costa County Clerk. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Nejedly, Menesini, Boneysteele, Lucey None None g. Leave of absence without Pay was authorized for Elaine Jacobs, Household Hazardous Waste Supervisor, through June 17, 2004. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Nejedly, Menesini, Boneysteele, Lucey None None 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 6. BIDS AND AWARDS AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO VALENTINE CORPORATION FOR CONSTRUCTION OF THE TREATMENT PLANT SAFETY ENHANCEMENTS. DP 7219 a. Mr. Batts, General Manager, stated that this project combines many safety-related suggestions and repairs into a single capital project. Many of the safety items came about as a result of safety suggestions received from employees and safety audits. Mr. Batts introduced Mr. Nathan Hodges, Assistant Engineer, who provided an overview of the Treatment Plant Safety Enhancements Project. Mr. Hodges stated that the purpose of the project is to complete safety work orders and suggestions and to minimize potential safety issues. The two primary project components are to accommodate fall protection devices and complete miscellaneous safety work orders. The work will be done at 17 different locations. Mr. Hodges showed photographs and described the fall protection devices currently in place, and the installation and modifications that will occur at the primary sedimentation tanks, clarifiers, aeration basins; and the miscellaneous safety work orders at the Household Hazardous Waste Collection Facility, Solids Conditioning Building Furnace No.2, Outfall Weir Structure, and Orinda Crossroads Pumping Station. The total construction cost including contingency is $173,000, total design cost is $15,000, and total construction management cost is $37,000 for a total project cost of $225,000. Upon Board approval, Notice to Proceed will be issued in mid-February 2004 and project completion is expected to be June 2004. Following discussion of the materials to be used, it was moved by Member Menesini and seconded by Member Hockett, that award of a construction contract in the amount 02 05 ¡r'~., ¡p ~.kU¡ 1'1 '"J"j.. ! ..!~~ 145 of $143,369 for the construction of the Treatment Plant Safety Enhancements Project, DP 7219, be authorized to Valentine Corporation, the lowest responsive and responsible bidder. There being no objection, the motion was unanimously approved. 7. ITEMS HELD OVER FROM PREVIOUS BOARD MEETINGS a. ACCEPT THE CONTRACT WORK FOR THE 2003 CURED-IN-PLACE PIPE PROJECT. DP 5246. AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION Following explanation by Mr. Batts, General Manager, and discussion of the accounting provided as requested to the Board, it was moved by President Lucey and seconded by Member Menesini, that the contract work for the 2003 Cured-in-Place Pipe Project, DP 5246, be accepted and that the filing of the Notice of Completion be authorized. There being no objection, the motion was unanimously approved. 8. REPORTS GENERAL MANAGER a. 1) Mr. Batts, General Manager, stated that each year the District must publish a notice indicating commercial and industrial dischargers to the District sewer system that were in significant noncompliance with Federal pretreatment requirements and the District's source control permits. Mr. Batts introduced Mr. Tim Potter, Source Control Program Superintendent, who stated that on an annual basis the District must publish a list in the Contra Costa Times of industrial users in significant noncompliance for the previous calendar year. The format of the report is consistent with prior years, listing businesses separately that fail to meet reporting requirements from those businesses that have actual discharge limit violations. Mr. Potter stated that the following are business with discharge quality violations: Contra Costa Regional Medical Center - Discharge limit violations for photo silver; . . John Muir Medical Center - Discharge limit violation for photo silver; and . Mt. Diablo Medical Center - Discharge limit violation for photo silver. Mr. Potter stated that the following businesses have reporting violations: . Alldura (formerly Performance Cleaning Technologies) - Failure to submit Periodic Compliance Report within 30 days of due date; . Contra Costa Radiator - Failure to submit Periodic Compliance Report within 30 days of due date; . Eagle Marine - Failure to submit Periodic Compliance Report and Slug Discharge Prevention and Control Plan within 30 days of due date; . Etch-Tek Electronics Corporation - Failure to monitor and report monitoring results within 30 days of due date; and . Parker West International, LLC - Failure to submit Periodic Compliance Reports within 30 days of due date. 02 05 04 146 02 2) Member Boneysteele suggested that the acronyms in the Notice of Significant Noncompliance be spelled out. Mr. Potter stated that he would make that change. Mr. Batts, General Manager, stated that the Board requested staff to prepare an update on retirement plans, including Delta Diablo Sanitation District's review of costs and feasibility of changing from the Contra Costa County Employees' Retirement Association (CCCERA) to the CalPERS retirement system. The recent employee labor agreements ask the District to review the District's retirement benefits in comparison to other agencies, and that review is scheduled for 2006. Mr. Batts stated that Director of Administration Randall Musgraves will provide an update on Delta Diablo's review of CaIPERS. This report is for the Board's information and no action is required at this time. Mr. Randall M. Musgraves, Director of Administration, stated that the District agreed as part of contract negotiations to review retirement benefits in 2006. The Board requested a status report regarding the CalPERS study Delta Diablo Sanitation District was conducting and recently completed. Mr. Musgraves stated that options that are available to the District include the Contra Costa County Employees' Retirement Association (CCCERA), the California Public Employees' Retirement System (CaIPERS), and a Self Fund retirement system such as East Bay Municipal Utility District and Contra Costa Water District have. The issues that will be considered in the review in 2006 include the level of benefits, rising cost of benefits, employee perception of value, recruitment competition, and comparison of benefits with comparable agencies (Delta Diablo Sanitation District, East Bay Municipal Utility District, Dublin San Ramon Services District, Union Sanitary District). Mr. Musgraves reviewed information from the Delta Diablo Sanitation District (DDSD) study, stating that the current DDSD retirement program is with CCCERA and is 1.67 percent at age 55, 3 percent cost of living adjustment (COLA), single highest year. DDSD assumed they would move to 2 percent at age 55, 3 percent COLA. The past practice at DDSD has been for the district to adjust individual employee salaries to pay for COLA. Salaries were adjusted by 3.4 percent to March 1, 2004 to cover the recent increase in employee COLA. DDSD and the employees agreed to study CaIPERS. The study was to be completed by the end of December 2003. DDSD hired a consultant, John Bartel, at a cost of $14,000, to assist in requests and analyses because of the complexity of the options and analyses. DDSD paid CCCERA $38,500 for analysis of assets and liabilities to move from CCCERA to CaIPERS. CCCERA provided two options to DDSD. The first option provided for DDSD to pay CCCERA $2.5 million to be relieved of future liabilities, complete severance. Under the second option, CCCERA would pay DDSD $4.0 million and DDSD would retain liability for DDSD current retirees, three year adjustment. DDSD is considering Option 2. Discussion followed with regard to the number of employees and retirees DDSD has in comparison to the number of District employees and retirees. Mr. Musgraves stated that DDSD has 63 current employees compared to the District's 250 employees. Mr. Musgraves reviewed the comparison of the retirement programs of other agencies. Mr. Musgraves stated that DDSD paid CalPERS $4,200 for analysis and costing of six benefits programs. Following are the estimated savings/(additional cost) to DDSD: . 2% at 55, (single highest year) 3% COLA 2.5% at 55, (single highest year) 2% COLA 2.5% at 55, (3 year average) 3% COLA $120,000 $120,000 $ 96,000 . . 0\ E" ~"þ ¡f-'~ ¡,: U ~!I ¡:'¿J. V _f~, 147 . 2.7% at 55, (3 year average) 2% COLA 2.7% at 55, (3 year average) 3% COLA 3% at 60, (3 year average) 2% COLA $ 50,000 ($65,000) ($65,000) . . Mr. Musgraves stated that the DDSD cost comparison would differ from and done for CCCSD due to payment of employee COLA. In addition, CCCERA defines salary more comprehensively than CaIPERS, so the salary would be higher with CCCERA than CaIPERS. CalPERS does not allow Deferred Compensation and sick leave or vacation to be used to augment the last year's salary. Other differences include disability retirement benefits and spousal benefits. Mr. Musgraves stated that DDSD is currently discussing 2.7% at age 55, 3 year average, 3% COLA with employees. This change in retirement plans would resolve the employee COLA payment issue for DDSD. Under the 37 Act, it is prohibited for a district to pay employee COLA. For DDSD to change to CalPERS would require a 2/3 employee vote for approval by all DDSD employees. Mr. Musgraves stated that staff will update the Board on DDSD's progress. Discussion followed with regard to the differences between the District's retirement program and the option being considered by DDSD, the complexities of the cost analysis, and the need for very serious study before considering changing from CCCERA to CaIPERS. 3) Mr. Batts, General Manager, provided an update on State budget issues, stating that the Governor is trying to sell his $15 billion bond funding plan, and the legislature is demanding a backup plan for what is perceived as an unpopular measure and is withholding implementation of proposed midyear program cuts. Everyone is waiting for the March election to see if the Governor's bond and balanced budget propositions are passed, or if the legislature can get its 55 percent budget approval proposition passed. That will set the tone for future negotiations on the May Budget Revision, and ultimately the final budget. 4) Mr. Batts, General Manager, announced that the work on the electrical and audiovisual equipment for the Board Room will begin in the near future. During this work, the Board will meet in the District's multipurpose room. 5) Mr. Batts, General Manager, announced that on Tuesday evening, February 3, 2004, the contractor for the CalTrans work on the Benicia Bridge hit one of the access pipe risers that tie into the underground portion of the M-4A Force Main just east of the freeway on the north side of Marina Vista. The M-4A is one of the two force mains that carry sewage from the Fairview Pumping Station east. Fortunately, this force main had just been taken out of service. The broken pipe riser allowed some sewage to flow into an adjacent ditch where it was captured and held. Collection System Operations (CSO) responded and worked with the contractor to temporarily plug the opening. On Wednesday, the force main was drained, the broken pipe removed, and sealed. CSO will replace the repaired access pipe assembly tomorrow, February 6, 2004. The District should recover its costs from the contractor. 6) Mr. Batts, General Manager, announced that GSE, the contractor for the Orinda Crossroads and Moraga Pumping Stations Improvements Project, is expecting the delivery of the first three Cornell pumps on Friday, February 6, 2004 for installation at Orinda Crossroads Pumping Station. The District will be working with the contractor on the installation schedule and details. 02 05 04 148 b. c. d. 6) 7) Mr. Batts, General Manager, announced that Communications Services Manager Harriette Heibel will be attending an out-of-state conference on Coaching for Performance on February 18, 2004 in Las Vegas, Nevada. 8) Mr. Batts, General Manager, announced that a Real Property Board Workshop will be held at 2:00 p.m. on February 18, 2004. COUNSEL FOR THE DISTRICT None SECRETARY OF THE DISTRICT None BOARD MEMBERS 1) Member Hockett reported on the January 21-24,2004 California Association of Sanitation Agencies (CASA) Conference. Topics of discussion included keeping the public's trust, criminal environmental liability, a plan for legal inspection or search warrants, how to build better relationships with your regulators, and future workforce issues. Member Hockett stated that this was one of the best conferences she has attended. 2) Member Menesini reported on the January 26, 2004 Contra Costa Special Districts Association meeting. At that meeting discussion focused on the importance of lobbying our legislators and a presentation on the Los Vaqueros Reservoir Expansion Project, as well as the Local Agency Formation Commission Report, the Legislative Report, and the County Treasurer Oversight Committee Report. 3) Member Nejedly, Chair of the Personnel Committee, reported that he and President Lucey met with staff on February 4, 2004, and endorsed requests to fill a vacant Engineering Assistant III (Inspection) position and to overfill two Plant Operator positions prior to retirements. 4) President Lucey announced that the closed session on personnel matters will not be held. 5) Member Boneysteele announced that Contra Costa Water District (CCWD) Board Member Jim Pretti passed away recently. Member Boneysteele stated that in addition to his work on the CCWD Board of Directors, Mr. Pretti was a 40-year employee of the California Public Utilities Commission. Member Menesini announced that the February 23, 2004 Environmental Alliance Discussion Series will feature a presentation on the Water Conservation Study for the Bay Area. All those who are interested are invited to attend the Environmental Alliance Discussion Series at noon at the John Muir National Historic Site, 4202 Alhambra Avenue in Martinez. 9. ADMINISTRATIVE CONSIDER RENEWAL OF CONTRACT FOR LABOR AND EMPLOYMENT RELATED LEGAL SERVICES WITH DANIEL CLINTON AND HANSON. BRIDGETT. MARCUS. VLAHOS & RUDY. LLP FOR THE PERIOD OF JANUARY 1, 2004 THROUGH DECEMBER 31.2006 a. Mr. Batts, General Manager, stated that the District has obtained labor and employment related legal services from Mr. Daniel Clinton and associates at Hanson, Bridgett, Marcus, Vlahos & Rudy since 1998. The firm has provided outstanding labor law and 02 0' fi'"',"',,, ", ¡.."":\ Q..,) Ifì;i,',"<',',"',í Ie,',;, \} ':":;¡- 149 labor negotiations services for this District, including the recent six-year labor agreements with all District bargaining groups. Member Menesini indicated that he is concerned, as always, about legal costs. Member Menesini stated that the Board should be aware of the fact that the District is spending a fairly large amount for representation. Member Menesini asked that staff monitor expenditures carefully. It was moved by Member Nejedly and seconded by Member Menesini, that the contract for labor and employment related legal services with Daniel Clinton and associates at the firm of Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP for approved for the period January 1,2004 through December 31,2006, and that the President of the Board of Directors be authorized to execute the contract. There being no objection, the motion was unanimously approved. 10. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A TEMPORARY SEWER FACILITIES AND SERVICE AGREEMENT FOR THE WENDT RANCH DEVELOPMENT WITH SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA Mr. Batts, General Manager, stated that the developer of Wendt Ranch, Shapell Industries of Northern California, has requested a temporary facilities and service agreement for a small pumping station to serve the development for the next six to nine months. Temporary service is needed since Shapell was unable to complete the gravity sewer to serve the property last construction season. Mr. Batts introduced Mr. Jarred Miyamoto-Mills, Principal Engineer, who used a map to describe the location of the Wendt Ranch development and the proposed temporary facilities. Mr. Miyamoto-Mills stated that ultimately sewer service will be provided to the Wendt Ranch development via the offsite sewer. The first portion of that sewer was completed last fall. The portion on the intervening properties could not go forward because of litigation on the intervening parcels. That litigation was recently settled. Shapell has made a commitment to build the sewer this summer and the two temporary pumping stations will be decommissioned. All of the equipment from the recently decommissioned West Branch Pumping Station will be used here. The agreement that has been negotiated with Shapell requires them to design, build, and pay for the pumping station. The District will operate the pumping station. Shapell will pay all the operating costs and will decommission the pumping station when the line is complete this summer. It was moved by Member Nejedly and seconded by Member Hockett, that the General Manager be authorized to execute an agreement with Shapellindustries of Northern California for temporary sewer facilities to serve connections needed prior to completion of the Wendt Ranch Offsite Sewer Project. There being no objection, the motion was unanimously approved. 11. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED FEBRUARY 5. 2004 Member Boneysteele, Chair of the Budget and Finance Committee, stated that he and Member Menesini met with staff on February 2, 2004 to review expenditures and various financial matters including procurement card expenditures. Member Boneysteele stated that there were no exceptions to the expenditures. It was moved by Member Boneysteele and seconded by Member Menesini, that the Expenditure List dated February 5, 2004, including Self Insurance Check Nos. 102067- 102072, Running Expense Check Nos. 148235-148606, Sewer Construction Check Nos. 26371-26440, Payroll Manual Check Nos. 48943-48954, and Payroll Regular Check Nos. 54866-54893, be approved as recommended. There being no objections, the motion was unanimously approved. 02 05 04 150 a. 12. BUDGET AND FINANCE APPROVE A BOARD RESOLUTION TO ADOPT THE REQUIRED MINIMUM DISTRIBUTION AMENDMENT TO THE 401 (A) ~ DOCUMENT Mr. Batts, General Manager, stated that the Internal Revenue Service recently issued final regulations pertaining to required minimum distributions from 401 (a) Money Purchase Plans. These regulations cover commencement dates of distribution for retirees and their beneficiaries. Specific language must be incorporated into the District's plan document to comply with the new regulations. The Board is asked to approve a resolution adopting the Required Minimum Distribution Amendment to the 401 (a) Money Purchase Plan Document as recommended by the District's Deferred Compensation Plan Advisory Committee. It was moved by Member Menesini and seconded by Member Boneysteele, that Resolution No. 2004-012 be adopted, adopting the Required Minimum Distribution Amendment to the District's 401 (a) Money Purchase Plan Document. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Boneysteele, Nejedly, Hockett, Lucey None None 13. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 14. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Boneysteele suggested that the Board agenda item "Approval of Expenditures" be combined with the Board agenda item "Board Member Reports," and asked that staff bring back a recommendation for Board consideration. Member Menesini announced that he and Environmental Services Division Manager Curt Swanson attended the Alhambra Creek Watershed meeting on February 4, 2004, at which the Facilities Plan for Wastewater Utility Service to Alhambra Valley was a topic of discussion. BREAK At 3:40 p.m., President Lucey declared a recess, reconvening at the hour of 3:48 p.m. with all parties present as previously designated. 15. CLOSED SESSION a. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a). The title of the litigation discussed was William Barclay and Sandra Barclay v. Mountain Cascade, Inc., Central Contra Costa Sanitary District, and Does 1 through 20, Contra Costa County Superior Court Case No. C03-00269. b. PERSONNEL MATTERS The closed session to discuss personnel matters pursuant to Government Code Section 54957, Public Employee Discipline/Dismissal/Release, was not held. At 3:48 p.m., President Lucey declared the closed session to discuss existing litigation pursuant to Government Code Section 54956.9(a) as noted above. At 3:56 p.m., 02 tJ',\ t::: Vv ('\ /" " ,,' I:",';~ ,~ ,,'""~ 151 President Lucey concluded the closed session and reconvened the meeting into open session. 16. REPORT OF DISCUSSIONS IN CLOSED SESSION No decisions were made or votes taken in closed session which require reporting at this time. 17. ADJOURNMENT There being no further business to come before the Board, President Lucey adjourned the meeting at the hour of 3:56 p.m., to reconvene at 2:00 p.m. on February 18, 2004 for a Real Property Board Workshop in the Second Floor Conference Room. 4aJæu X !.h r#ì PRO TEM President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 02 05 04