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HomeMy WebLinkAboutBOARD MINUTES 02-20-03 144 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COST SANITARY DISTRICT HELD ON FEBRUARY 20,2003 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 20, 2003. President Nejedly called the meeting to order and requested that the Secretary Pro Tem of the District call roll. 1. ROLL CALL PRESENT: Members: Menesini, Hockett, Lucey, Boneysteele, Nejedly ABSENT: Members: None a. NATIONAL ANTHEM SUNG BY MS. TAMARA FONG. SENIOR BUYER The Board thanked and commended Ms. Fong for her singing of the National Anthem. b. INTRODUCTIONS . INTRODUCE SALVADOR ROSALES, NEWLY HIRED CHEMIST I Mr. Salvador Rosales, Chemist I, was introduced and welcomed to the District by President Nejedly and the Board of Directors. 2. PUBLIC COMMENTS None 3. AWARDS AND COMMENDATIONS PRESENTATION OF CALIFORNIA WATER ENVIRONMENT ASSOCIATION, SAN FRANCISCO BAY SECTION ANNUAL AWARDS FOR 2002 a. Award Recipient . Andy Stamatelos Memorial Service Award - Paul Louis Acknowledgement of the Andy Stamatelos Memorial Service Award was held over until the March 6, 2003 Board Meeting when Mr. Louis can be present. b. ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) ß.ECOG~ON OF CENTRAL CONTRA COSTA SANITARY DISTRICT'S GREEN BUSINESS PROGRAM CERTIFICA TIO~ (VEHIClE SHOE} Presentation of the certificate of recognition of the Association of Bay Area Governments Green Business Program was delayed until later in the meeting when Mr. Rich Boylan, Vehicle and Equipment Maintenance Supervisor, will be present. 4. CONSENT CALENDAR It was moved by Member Hockett and seconded by Member Lucey, that the Consent Calendar, Items 4.b. through 4.e., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. At the request of Member Menesini, Consent Calendar Item 4.a. was pulled for further discussion. 02 20 (()" ç~ .i.t:J .~'!\ :, '7 r:'. i, 145 b. The Board was advised of the close out of the Lafayette Sewer Renovations Project, Phase 2 (D.P. 5536) and the return of $116,291 to the Collection System Program. This item was presented for the Board's information. No action was taken. c. The Board was advised of the close out of 20 Capital Improvement Projects with a net underrun of $258,968, approximately 8 percent of the total authorized budgets. This item was presented for the Board's information. No action was taken. d. Resolution No. 2003-017 was adopted establishing March 20, 2003, as the date for a public hearing to consider the establishment of the Arbor Lane Contractual Assessment District No. 2002-4. Motion approved on the following vote: AYES: Members: Hockett, Lucey, Boneysteele, Menesini, Nejedly NOES: Members: None ABSENT: Members: None e. The Board approved expenditure of Equipment Budget Contingency Funds of $6,000 to purchase new automatic parts washer for vehicle and equipment shop. Motion approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Lucey, Boneysteele, Menesini, Nejedly None None With regard to Consent Calendar Item a., Member Menesini stated that he is extremely happy that the Concord Industrial Force Main Project was a successful project and this is an occasion that should be recognized, possibly by a news release. Member Menesini further stated that he felt that this position paper and others like it should get more recognition than simply being listed on the Consent Calendar. Mr. James Kelly, acting General Manager, stated that this issue will be handled through the Board Outreach Committee and it will be brought back to the Board at a future Board Meeting. The Board concurred. The Board was advised of the close out of the Concord Industrial Force Main Project, District Project 5383, and the return of $192,139 to the Collection System Program. This item was presented for the Board's information. No action was taken. 5. HEARINGS a. CONDUCT A PUBLIC HEARING: ADOPT A RESOLUTION OVERRULING PROTESTS; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION. ARTICLE XIIID, SECTION 4: ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT; AND AUTHORIZE EXECUTION OF AGREEMENT WITH CAMILLE COURT PARCEL OWNERS IN CONJUNCTION WITH THE CAMILLE COURT CONTRACTUAL ASSESSMENT DISTRICT NO. 2002-1 Mr. Kelly, acting General Manager, stated that under the District's Contractual Assessment District Program, the Board considers approval of CAD projects at three 02 20 tf\ ".~ vii 146 specific times. These approvals are at the initiation of the CAD, following the election of the affected property owners, and at the project completion to set final assessments. For the Camille Court CAD, the Board has already approved initiation of this project. The Board is being asked to conduct a public hearing to announce the outcome of the CAD election and to receive comments from the public. Following the hearing, the Board will be asked to approve the Engineer's Report, neighborhood election, and assessments; to order the improvements; and to authorize funds to finance a CAD sewer project. Mr. Kelly introduced Mr. Curt Swanson, Environmental Services Division Manager, who provided a staff report to the Board. Mr. Swanson stated that the Camille Court CAD meets the CAD formation criteria. It benefits at least five properties, including at least 60 percent of the developed properties, and there are no more than two dwellings per property. There are 14 participants and 5 non-participants. The CAD consists of 980 feet of 8-inch sewer with four manholes. The estimated cost is $161,570. Participant cost is $11,541 upfront or $1,552 per year for ten years. Mr. Swanson stated that this is the first CAD of the year to be brought before the Board. The total dollar value of pending CAD Projects is $1,153,970. There are eight other CAD's in various stages. Mr. Swanson stated that Mr. Bruce Carrier, the property owner who initiated this CAD, intended to be present to thank the District and the Board personally for the opportunity for him and his neighbors to participate in this CAD. Unfortunately, he was unable to attend due to business commitments. At 2:15 p.m., President Nejedly opened the public hearing to receive comments on Camille Court Contractual Assessment District No. 2002-1. There being no comments, the public hearing was closed. It was moved by Member Menesini and seconded by Member Hockett, that Resolution Overruling Protests - Camille Court Contractual Assessment District No. 2002-1 (Resolution No. 2003-018), Resolution Confirming Compliance with California Constitution, Article XIIID Section 4 - Camille Court Contractual Assessment District No. 2002-1 (Resolution No. 2003-019), and Resolution Approving the Engineer's Report, Assessments, and Ordering Improvement - Camille Court Contractual Assessment District No. 2002-1 (Resolution No. 2003-020) be adopted and that authorization be given for the General Manager to execute an agreement with the Camille Court owners. There being no objection, the motion was unanimously approved on the following vote. AYES: Members: NOES: Members: ABSENT: Members: Menesini, Hockett, Lucey, Boneysteele, Nejedly None None 7. REPORTS a. GENERAL MANAGER 1) Mr. Kelly, acting General Manager, stated that each year the District is required to submit a Pollution Prevention report to the Regional Water Quality Control Board. Last year the Regional Board added a requirement for a Pollution Prevention Plan. Mr. Kelly introduced Staff Engineer, Dana Lawson, who presented an overview of the 2002 Pollution Prevention Report and 2003 Plan. Mr. Kelly stated that Ms. Lawson played a lead role in the development of the report and plan. Ms. Lawson stated that pollution prevention is required by the National Pollutant Discharge Elimination System (NPDES) permit, it helps the treatment plant meet the effluent limits on pollutants, and it increases positive public perception of the District. In 2001, the NPDES permit was 02 20 (J'Ò. '..~ ~- <L:' 147 renewed and additional emphasis was placed on pollution prevention, planning, and implementation. The permit was specific about which pollutants are of concern and it stated the minimum pollution prevention effort required. Continuing pollution prevention activities from year-to-year include: influent, effluent, and collection system sampling; pretreatment and storm water inspection programs; the Household Hazardous Waste Collection Facility (HHWCF); educational outreach; community outreach; regional Integrated Pest Management partnership; membership in associations; and plant tours. Additional activities in 2002 included ambient monitoring for cyanide, tributyltin, bis(2-ethylhexyl)phthalate, and acrylonitrile; creating a brochure on tributyltin; ban on cooling tower products containing tributyltin enforced by Source Control; sensitivity analysis on dental offices as a mercury source; preparation for dental mercury outreach; and site specific objective development for cyanide. Additional activities planned for 2003 include compiling a list of Best Management Practices for dental offices regarding mercury; posting fact sheets at marine and hardware stores and distributing fact sheets at the HHWCF regarding tributyltin; enforcing the ban on cooling tower products containing tributyltin; and assisting with improvement of analytical testing method for bis(2-ethylhexyl)phthalate. Members Menesini and Lucey inquired about the mercury program and how it will be implemented and overseen. Ms. Ann Farrell, Director of Engineering, stated that staff will be reporting to the Board on this matter in March or April, 2003. Ms. Lawson thanked the many work groups within CCCSD that have been actively participating in different aspects of pollution prevention: the Engineering Department's Environmental Services Division including Planning, Source Control, and HHWCF; the Communication Services Division of the Administrative Department; and the Operations Department's Collection System Operations Division (Technical and Fleet Services) along with the Plant Operations Division (Laboratory, Maintenance, and Operations). 2) Mr. Kelly, acting General Manager, stated that there is overall little new news on the California State Budget. A $20,000 or more increase in our NPDES fee is still anticipated. Liz Hill, Legislative Analyst, agrees with this approach in her analysis of Governor Davis' budget. Neither Hill nor Davis mention special districts' property tax, but the Governor does discuss taking $500,000,000 in redevelopment agencies' property taxes. The next step for the budget will be the committee hearing that starts next week. 3) Mr. Kelly, acting General Manager, announced and invited the Board to attend the Walnut Creek Chamber of Commerce Business Trade Show to be held on February 27,2003, at Boundary Oak in Walnut Creek. Central San will sponsor a booth featuring Household Hazardous Waste and Integrated Pest Management information. 4) Mr. Kelly, acting General Manager, announced that flow through the Dougherty Tunnel began on February 18, 2003. 15,000 gallons per day or 10 gallons per minute of flow was diverted from the East Branch Pumping Station to the Dougherty Tunnel. This is about the amount of flow from a garden hose, so the sewer is flushed with flow from fire hydrants. 02 20 03 148 b. 02 5) Mr. Kelly, acting General Manager, distributed the article "Pension Plan Debt Looms on Horizon" which was published in the Contra Costa Times on February 16, 2003, to the Board. Member Boneysteele stated that District's Retirement Pension Plan should be a standing item on all future Board agendas until this is resolved. Member Boneysteele suggested outside technical expertise be consulted to advise the District on issues related to the Retirement Plan. Member Boneysteele also suggested that the District look into other retirement plans as alternatives to the County Retirement Plan that the District currently participates in. Member Lucey concurred with Member Boneysteele and stated that he would like a report on this subject to be made at the next Board meeting. Mr. Kelly stated that a report on this issue will be scheduled for the next Board meeting. COUNSEL FOR THE DISTRICT 1) Mr. Kenton L. Aim, Counsel for the District, reported that the Willows Shopping Center has a parking and landscaping lease over a 20 foot strip of property owned by Central Contra Costa Sanitary District. The lease terminated at the end of January 2003. They are now on a month-to- month lease and seek to extend the existing lease to June 30, 2003, in order to allow completion of negotiations on the lease as well as negotiations in which the District is seeking to acquire an easement from the Willows property owner for construction of the A-line Relief Interceptor Project. It was moved by Member Hockett and seconded by Member Menesini to extend the current lease with the Willows Shopping Center to June 30, 2003, and to enter into negotiations for both the lease and easement with the property owner. There being no objection, the motion was unanimously approved. 2) Mr. Kenton L. Aim, Counsel for the District, invited all present to a reception at his law firm, Meyers, Nave, Riback, Silver & Wilson, today from 4 p.m. to 7 p.m. c. SECRETARY OF THE DISTRICT None d. BOARD MEMBERS 1) President Nejedly stated that he is in full agreement with the forming of a Board Recycled Water Committee and announced his recommendation for the appointment of Members Hockett and Menesini to the Board Recycled Water Committee with Member Hockett serving as chair. Members Hockett and Menesini accepted the appointment. Member Menesini stated that the committee will need the input and guidance of the entire Board to give the committee direction. 2) Member Menesini announced that Mr. Curtis Swanson, Environmental Services Division Manager, will be the speaker at the Environmental Alliance - Environmental Issues Discussion Series "Beyond Collection and Treatment" to be held on February 24,2003, from noon to 1 p.m. at the John Muir National Historic Site in Martinez. Ç¡j {; '.! ~~j 149 BREAK No break was taken. Noting the arrival of Mr. Rich Boylan, President Nejedly returned to Item 3.a. Awards and Commendations. 3. AWARDS AND COMMENDATIONS a. ASSOCIATION OF BAY AREA GOV~BAG) B.ECOGNIlJ.QtiQE CENTRAL CONTRA COSTA SANITARY DISTRICT'S GREEN BUSINESS PROGRAM CERTIFICATION (VEHICLE SHOP) Mr. Rich Boylan, Vehicle and Equipment Maintenance Supervisor, presented the certificate of recognition of the Association of Bay Area Governments Green Business Program to President Nejedly who accepted the award on behalf of the District and expressed appreciation and thanks on behalf of the Board to all of the employees of the Vehicle Shop all of whom were present including Tom Kostik, Nick Wright, and James Zatezalo, for their hard work. 8. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH ATS ENGINEERING SERVICES FOR THE DESIGN OF THE TREATMENT PLANT ELECTRICAL CABLE REPLACEMENT, DISTRICT PROJECT NO. 7214 It was moved by Member Hockett and seconded by Member Lucey, that the General Manager be authorized to execute a professional engineering services agreement, with a cost ceiling of $90,000, with A TS Engineering Services for the design of the Treatment Plant Electrical Cable Replacement, District Project No. 7214. There being no objection, the motion was unanimously approved. b. APPROVE PHASE 4 OF THE LAFAYETTE SEWER RENOVATION PROJECT, DISTRICT PROJECT 5166 FOR CEQA/PERMITTING PURPOSES Mr. Kelly, Acting General Manager, stated there are new permitting requirements for CEQA documentation with permit application. Mr. Kelly introduced Mr. Bill Brennan, Capital Projects Division Manager, who stated that there are new permitting requirements from agencies such as Fish and Game and CalTrans that require completed CEQA documentation be submitted with the permit application. Permit applications are made during the design phase of a project so that the permits are completed prior to the construction phase. In the past Board approval of a project for CEQA purposes has been done at the award of the construction contract when the project design is done in-house. Now CEQA is needed at the design phase. For projects done with outside consultants, this can be done when the consultant agreement is approved by the Board. Staff's proposal is for this fiscal year to do position papers like this as needed and to either continue this practice in future years or prepare an omnibus position paper along with each Capital Budget to cover CEQA approval for all appropriate. Member Lucey suggested that such position papers be on the consent calendar for the remainder of the year. After discussion, the Board concurred with this approach. Following discussion Member Menesini suggested that the Board Outreach Committee be involved in the process of public outreach to the communities affected by District projects. Member Boneysteele agreed, stating that the Board Outreach Committee should be involved, especially in large projects so that the District could get the community involved from the very beginning of these projects. It was moved by Member Menesini and seconded by Member Boneysteele, that the Board approve the Lafayette Sewer Renovation Project, District Project 5661, and direct 02 20 03 150 staff to file a Notice of Exemption with the Contra Costa County Clerk. There being no objection, the motion was unanimously approved. 9. APPROVAL OF MINUTES a. MINUTES OF JANUARY 23,2003 It was moved by Member Hockett and seconded by Member Lucey that the minutes of January 23, 2003 be approved as presented. There being no objection, the motion was unanimously approved. 10. EXPENDITURES a. EXPENDITURE LIST DATED FEBRUARY 20, 2003 Member Lucey, chair of the Budget and Finance Committee, stated that he and President Nejedly reviewed the expenditures and found them to be satisfactory. It was moved by Member Lucey and seconded by President Nejedly, that the Expenditure List dated February 20,2003, including Self-Insurance Check Nos. 010976 - 101978, Running Expense Check Nos. 143035 - 143251, Sewer Construction Check Nos. 25324 - 25368, Payroll Manual Check Nos. 48886 - 48894, and Payroll Regular Check Nos. 54383 - 54420, be approved as recommended. There being no objection, the motion was unanimously approved. 11. BUDGET AND FINANCE a. APPOINT THE DISTRICT'S INDEPENDENT AUDITOR TO PERFORM THE EXAMINATION OF THE FINANCIAL STATEMENTS BEGINNING FISCAL YEARS 2002-03 THROUGH 2005-6 WITH THE OPTION OF A ONE YEAR EXTENSION Mr. Kelly, acting General Manager, introduced Ms. Debbie Ratcliff, Controller, who described the selection process and presented the Board Budget and Finance Committee's recommendation for a new external auditor. Ms. Ratcliff stated that a Request for Proposal (RFP) was designed and modified after the format recommended by the Government Finance Officers' Association. The RFP was sent to seventeen public accounting firms. These firms were selected from a list of the top 25 firms in the bay area. Four accounting firms responded. All four firms were interviewed by the Board Budget and Finance Committee, Controller Debbie Ratcliff, and Director of Administration Randall Musgraves, following the District's practice of seven years ago. References were called on all four firms. There was a consensus that the firm of Vavrinek, Trine, Day & Co. be recommended to the full Board for appointment as the District's new external auditors for the next four years with an option for a fifth year. Discussion followed regarding the term of the contract and District Counsel's approval of the contract. It was moved by Member Lucey and seconded by Member Nejedly, to appoint Vavrinek, Trine, Day & Co., Certified Public Accountants, as the District's independent auditor for the fiscal years 2002-2003 through 2005-2006, with the option of a one-year extension. There being no objection, the motion was unanimously approved. 12. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 02 (;j (, ¡" ~V () ~; 151 13. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE BOARD ACTION Members Boneysteele and Lucey suggested that staff return at a future Board meeting with additional information on the County Retirement Program, also that the County Retirement Program be placed on the Board agenda on a continuous basis until further notice. Member Menesini suggested that the Concord Industrial Force Main Project be placed on a future agenda for a report on the project. Member Menesini suggested that any significant achievements by the District should be brought to the Board Outreach Committee Meeting and acknowledged to the community through a news release. 14. CLOSED SESSION a. LABOR NEGOTIATIONS With respect to labor negotiations, the closed session was held pursuant to Government Code Section 54957.6 to meet with designated representatives prior to and during consultations and discussions with representatives of employee organizations regarding the salary, salary schedules or compensation paid in the form of fringe benefits to employees in order to review its position and instruct its designated representatives. The District's negotiators are Labor Counsel Allison Woodall, Director of Administration Randall M. Musgraves, and Human Resources Manager Cathryn Freitas, and the pertinent employee organization is the Central Contra Costa Sanitary District Employees Association Local 1. b. SIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section 54956.9 (b), a point has been reached where in the opinion of the Board of Directors of the Central Contra Costa Sanitary District, on the advice of its Counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the District. One potential matter is to be discussed. At 3: 15 p.m. President Nejedly declared the closed session to discuss labor negotiations pursuant to Government Code Section 54957.6 and anticipated litigation pursuant to Government Code Section 54956.9(b) as noted above. At 3:35 p.m., President Nejedly concluded the closed session and reconvened the meeting into open session. 15. REPORT OF DISCUSSIONS IN CLOSED SESSION No decisions were made or votes taken in closed session which require reporting at this time. 16. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at the hour of 3:36 p.m. '--. Cv Pre' ent of the Board 0 irectors, Central Contra Costa Sanitary District, County of Contra Costa, State of California 02 2~¡\.. U 03