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HomeMy WebLinkAboutBOARD MINUTES 12-03-09 MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON DECEMBER 3, 2009 The District Board of the Central Contra Costa Sanitary District convened in a regular meeting at its regular place of business, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on Thursday, December 3, 2009. President Nejedly called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Hockett, Lucey, McGill, Menesini, Nejedly ABSENT: Members: None a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance. 2. PUBLIC COMMENTS There were no public comments. 3. APPOINTMENT OF NEW PRESIDENT AND PRESIDENT PRO TEM FOR A ONE-YEAR TERM COMMENCING JANUARY 1, 2010 It was moved by President Nejedly and seconded by Member Lucey to appoint Member McGill as President for a one-year term commencing January 1, 2010. Motion passed by unanimous vote of the Board. It was moved by Member Lucey and seconded by President Nejedly to appoint Member Hockett as President Pro Tem for a one-year term commencing January 1, 2010. Motion passed by unanimous vote of the Board. 4. CONSENT CALENDAR It was moved by Member Hockett and seconded by Member Menesini to adopt the Consent Calendar as recommended. Motion passed by unanimous vote of the Board. a. Approve expenditures dated December 3, 2009. Reviewed by Budget and Finance Committee. b. Receive October 2009 Financial Statements. Reviewed by Budget and Finance Committee. Book 59 – Page 143 Board Minutes of December 3, 2009 c. Approve minutes of November 5, 2009 Board meeting. d. Approve the Comprehensive Annual Financial Report (CAFR) as of June 30, 2009 for submission to the Government Finance Officers Association (GFOA). Approval recommended by Budget and Finance Committee. e. Adopt Resolution 2009-108 confirming publication of a summary of uncodified District Ordinance No. 257 establishing reimbursement fees for the properties which could directly or indirectly connect to District Project 5919 (Alhambra Valley Trunk Sewer AVAD 2007-1); and directly connect to Job 6412 (Monteira AVAD 2007-4); 6439 (Reliez Valley AVAD 2007-3); 6441 (Quail AVAD 2007-6); and 6442 (Gordon Millthwait AVAD 2007-2) in Alhambra Valley. f. Adopt an amendment to Memorandum of Understanding between the District and the Employees’ Association, Public Employees’ Union, Local One, effective July 2, 2009 through April 17, 2012. g. Authorize an extended leave of absence without pay for Engineering Assistant II Erika Liskamm through March 5, 2010. h. Approve a cellular phone program between the District and the Management Group pursuant to the memorandum of understanding effective June 18, 2009. 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 6. REPORTS a. GENERAL MANAGER 1) Household Hazardous Waste Annual Report General Manager James Kelly stated that the Household Hazardous Waste Program has been in operation now for twelve years and is an important element of the District’s Pollution Prevention Program. Household Hazardous Waste Supervisor David Wyatt presented a summary of the fiscal year 2008-2009 Household Hazardous Waste Program Annual Report, which includes operating data, temporary collection events, small business program and 10-year statistics. It was also presented to the Household Hazardous Waste Committee at its November 16, 2009 meeting. Mr. Wyatt reported that the two new elements in the Household Hazardous Waste program have been very successful. The Pharmaceutical Collection Book 59 – Page 144 Board Minutes of December 3, 2009 Program, which began in February 2009, collected nearly 1,500 pounds in its first five months of operation and a total of 4,000 pounds to date. Mondays were added to the collection facility’s schedule of operation in June 2009. An average of sixty-four cars have been served on Mondays. Participation has increased as 28,210 participants were served in fiscal year 2008-2009, compared to 27,940 in the previous year, and the reuse program saved $431,821. Total operating costs (including capital costs) were $76 per car, compared to $66 in the prior year, during which the cost was lower due to understaffing by one technician. The average amount of waste per car was 67 pounds. In 2008-09, 1,913,307 pounds of hazardous waste was collected, compared to 1,891,363 in 2007-2008. Battery collection was up to 50,300 pounds, compared with 44,370 in the prior year. Fluorescent lamp collection amounted to 271,720 feet in 2008-09, equal to 4.4 pounds of mercury, versus 251,612 feet in the previous year. There was one temporary collection event in San Ramon, where a total of 606 cars were served and 48,000 pounds of waste collected. Small businesses, through the Conditionally Exempt Small Quantity Generators (CESQG) program, conducted 416 appointments, compared to 386 in the prior year. Compared to the 1998-1999 fiscal year, 1,014,876 more pounds of waste were collected during the 2008-2009 fiscal year and at a cost of $9 per car less. The facility has recently identified a company that recycles collected cooking oils for use in biofuel production. Member Hockett suggested tracking how the life pattern of the facility’s customers, the aging population, and the progression of the housing economy overlay with the amount of waste received. Mr. Wyatt noted that during the year, staff noticed a spike in waste collection coincided with the surge in foreclosures. Board Members thanked Mr. Wyatt for his comprehensive report and had no proposed changes. 2) Contractual Assessment District (CAD) Update General Manager James Kelly stated that at the June 18, 2009 Board meeting, a representative from the Sunnybrook Road neighborhood in Alamo requested the Board support a Contractual Assessment District to finance construction of a public sewer. At the time, District Counsel Kenton Alm advised the Board and the neighborhood representative that the District was prohibited from forming CADs by changes to State law enacted in 2008. Legislation correcting this prohibition will become effective on January 1, 2010. Book 59 – Page 145 Board Minutes of December 3, 2009 Environmental Services Division Manager Curt Swanson presented data to the Board to assist in the decision whether or not to pursue resuming the CAD program in anticipation of a renewed request from the Sunnybrook Road homeowners and potential requests from other neighborhoods. The District Board discontinued its last CAD program in the 2003-2004 fiscal year. Since that time, in the absence of a CAD program, District staff has used its past practice to extend sewers to neighborhoods by assisting with public meetings, counseling homeowners, and serving as an agent for the financial transaction. The District’s 1997-2004 CAD program funded twenty-three CADs at a cost of $3.63 million. To date, about 70 percent of that principal has been repaid, and $307,000 in principal and interest payments are expected this year. The hybrid Alhambra Valley Assessment District (AVAD) program, which was begun in 2007, has financed six AVADs at a cost of $1.53 million. There is up to $4 million in demand for potential CAD projects that have not yet been formed. Member Menesini requested a cost analysis of how restarting the CAD program would impact the Capital Improvement Budget and Plan and the District’s reserves, and what private or governmental funding options may be available. Member Lucey stated he has always been opposed to the CAD program and continues to uphold that position. He referenced the Sewer Construction Fund revenue summary report for the period ending October 31, 2009, where AVAD participants paid $577,000 up front, which greatly exceeded the $359,000 staff had estimated receiving. This means the participants are able to finance their sewer without using the CAD program. Barring a dramatic change, he stated that the District should not entertain a program that is not significantly utilized by its participants. Member Hockett spoke in favor of the CAD program and its benefits to the environment, homeowners, and ultimately the District. Member McGill questioned the impact a CAD program has on facilitating conversions from septic tanks to sewers. Mr. Swanson estimated that before the 1997-2004 CAD program was started, 1,000 to 1,300 homes were on septic tanks, and while the program was in effect, approximately 300 homes came off septic tanks. Member Lucey clarified that each conversion did not necessarily result from the District’s CAD program. President Nejedly stated that he has always been an advocate for the program because it assists residents who are on septic systems and cannot afford to use their own money to install a sewer, and such a benefit is worth its added expense. Book 59 – Page 146 Board Minutes of December 3, 2009 Financing options for restarting the CAD program will be brought to the Board at a later meeting. 3) Update on Contra Costa County Employees Retirement Association (CCCERA) Terminal Compensation General Manager James Kelly reported that there are two upcoming CCCERA meetings of interest. One is a special meeting scheduled for 9 a.m. on January 11, 2010, at the Concord Hilton, located at 1970 Diamond Boulevard in Concord, to discuss the legal opinion letter from CCCERA Fiduciary Counsel to the Retirement Board regarding final compensation and retirement benefits. The purpose will be to gain input from all interested parties. Staff and labor counsel will prepare a memorandum for the District Board, which will include options for the District Board’s position on the issue, if one were to be taken. The second meeting will be held on January 13, 2010 to present the results of the depooling analysis. District staff will attend both meetings and will brief the Board at the Financial Plan workshop scheduled for January 21, 2010. Member McGill questioned if the District has an independent responsibility to evaluate the policies of the Retirement Board, and if the District has incorrectly reported data to CCCERA. Mr. Kelly stated that staff submits information in accordance with CCCERA’s guidelines. Member McGill also asked to what legal authority the District answers in regards to its distribution of retirement funds. Member Lucey noted that in the past the District Board has acquiesced to the policies of the Retirement Board. He stated that while the District is overpaying former employees who retired since 1997, based on the legal opinion letter to the Retirement Board, the District is not currently in a position to take action and it is too early to do anything but watch judiciously. He added that the fact that certain Moraga-Orinda Fire District retirees were overpaid, undetected for years, indicates major problems with the system. He suggested that one problem is the way people are appointed to the Retirement Board, and that not many of them are representatives of special districts. 4) Household Hazardous Waste Collection Facility (HHWCF) Annual Report Presentation to Mountain View Sanitary District General Manager James Kelly announced that District staff will present a summary of the 2008-09 HHWCF Annual Report to the Mountain View Sanitary District (MVSD) Board of Directors on Thursday, December 10, 2009 at 6:30 p.m. at the MVSD offices, located at 3800 Arthur Road in Martinez. Book 59 – Page 147 Board Minutes of December 3, 2009 5) Managers to Attend California Specialized Training Institute General Manager James Kelly announced that he, Director of Administration Randy Musgraves, Plant Operations Division Manager Randy Grieb and Maintenance Supervisor Dante Marchetti will attend the Earthquake: An Introduction to Emergency Management training from Monday, December 7 through Thursday, December 10, 2009 at the Crown Plaza Hotel in Concord. Another group of managers will attend in January 2010. 6) Television Inspection of Sanitary Sewers, D.P. 036545ENG General Manager James Kelly announced that the Capital Projects Division utilizes television inspection to determine the condition of the existing pipe, location of laterals, and verify record information. The results are used to evaluate alternatives during design and to minimize change orders during construction. This project will be advertised on December 9 and 15, 2009. Bids will be opened on January 14, 2010. The cost is currently estimated at $150,000 for a three-year period. More information will be presented when the Board is asked to approve the contract on February 4, 2010. 7) Status of Green Street Sewer Easement Acquisition General Manager James Kelly announced that on November 5, 2009, staff reported to the District Board about the easement acquisition process along Green Street for the Martinez Sewer Renovation Project, Phase 3. Staff informed the Board of the plan for acquiring easements by early 2010, including the process and schedule for condemnation. Last week, staff prepared easement offer packages and personally met with the property owners. As of November 21, 2009, staff has acquired all permanent sewer easements across nine properties and sufficient temporary construction easements to allow replacement of the existing sewer during the 2010 construction season. As a result of the successful negotiations, condemnation proceedings will not be required. Staff who worked on the preparation of easement offers and negotiations include: Severina Camorongan, Engineering Assistant III Stephanie Gronlund, Associate Engineer Nancy Molina, Associate Engineer Molly Mullin, Senior Right of Way Agent Nancy Parker, Administrative Assistant Kathleen West, Senior Right of Way Agent Book 59 – Page 148 Board Minutes of December 3, 2009 8) Results of Annual Environmental Protection Agency Treatment Plant Inspection General Manager James Kelly announced that on September 17, 2009, the United States Environmental Protection Agency (USEPA)/Regional Water Quality Control Board conducted an annual compliance and evaluation inspection of the treatment plant. Craig Blett, an employee of PG Environmental, LLC, which is a USEPA contractor, conducted the inspection. The District received the written inspection report dated November 5, 2009, with an overall rating of satisfactory. No major findings were identified in the inspection. The report noted that the facility appears to be well operated and maintained. The 20-page report is available upon request. 9) Series A and B Bond General Manager James Kelly announced that Series A taxable Build America Bonds in the amount of $19,268,522.95 closed the morning of November 12, 2009. These bonds have a direct 35 percent subsidy from the Federal government with yields ranging from 3.45 percent to 3.78 percent net of the subsidy. Series B tax-exempt bonds in the amount of $36,538,264.10 closed this morning on schedule. Series B will refund the 1998 and 2002 issues as well as raise $12.7 million in new proceeds with yields ranging from 0.4 percent to 3.79 percent. The combination of Series A and B proceeds will produce $30 million for the Sewer Construction Fund. 10) Delta Discovery Donor Appreciation Voyage Reminder General Manager James Kelly announced that a Delta Discovery Donor Appreciation Voyage aboard the SS Brownlee is being planned for the program’s major sponsors on Saturday, February 13 and Saturday, February 20, 2010. Both voyages will take place from 1 p.m. to 3 p.m. Family members and children are welcome. 11) Employee Activities Organization (EAO) Holiday Party General Manager James Kelly announced that the annual EAO Holiday Party will be held on Friday, December 11, 2009, from 1 p.m. to 3 p.m. at Back Forty BBQ, located at 100 Coggins Drive in Pleasant Hill. Book 59 – Page 149 Board Minutes of December 3, 2009 b. COUNSEL FOR THE DISTRICT No reports. 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; recent meetings for which they received the stipend; and meetings or conferences for which the District paid their expenses. Member Hockett Member Hockett reported on her attendance at the November 20, 2009 Contra Costa Council meeting, State Senator Mark DeSaulnier presentation . Member Lucey Member Lucey and President Nejedly reported on the November 30, 2009 Budget and Finance Committee meeting and summarized the Action Summary. The Board received the report without comments. Member McGill Member McGill provided a written report on his attendance at meetings for which he received a stipend or for which the District paid his expenses. He also reported on his attendance at the November 20, 2009 Contra Costa Council meeting, State Senator Mark DeSaulnier presentation . 2) Announcements Member Menesini commended the outgoing Executive Director of the Contra Costa County Historical Society History Center Betty Maffei for her key contributions in arranging the District’s exhibit in the History Center on Main Street in downtown Martinez. Member Lucey requested a staff report on cost savings if the District were to apply the same changes that Contra Costa County made to their health plan at the conclusion of their recent labor negotiations. Book 59 – Page 150 Board Minutes of December 3, 2009 Member Hockett requested updated pharmaceutical collection program brochures including collection site information of the new partner cities. 7. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 8. SUGGESTIONS FOR FUTURE AGENDA ITEMS None. 9. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at 3:08 p.m. G=' Michael R. McGill President of th oard of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: ,< Jul4~ Lopez ~ ` U Assistant to the Secretary of the District, Central Contra Costa Sanitary District, County of Contra Costa, State of California i~ Book 59 -Page 151