HomeMy WebLinkAboutBOARD MINUTES 09-20-07
MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD ON SEPTEMBER 20, 2007
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, September 20,2007.
President Nejedly called the meeting to order and requested that the Secretary call roll.
1. ROLL CALL
PRESENT: Members: Hockett, Lucey, Menesini, Nejedly
ABSENT: Members: McGill
a. PLEDGE OF ALLEGIANCE TO THE FLAG
Board and staff joined in the Pledge of Allegiance to the Flag.
2. PUBLIC COMMENTS
There were no public comments.
3. AWARDS AND COMMENDATIONS
a. ADOPT A RESOLUTION ENCOURAGING AND PROMOTING POLLUTION
PREVENTION AND DECLARING SEPTEMBER 17-23. 2007 AS POLLUTION
PREVENTION WEEK IN THE CENTRAL CONTRA COSTA SANITARY
DISTRICT IN SUPPORT OF NATIONAL POLLUTION PREVENTION WEEK
Assistant Engineer Melody LaBella gave a presentation on Pollution Prevention Week
and activities conducted at CCCSD in support of pollution prevention. She announced
that the 16th Annual Pollution Prevention Award winners are Orinda Chevron Service;
Miguel's Steam Cleaning; Systron Donner Inertial; Tom Fasanaro, DDS; and Michael
Huguet, DDS.
Member Menesini thanked Ms. LaBella for her recent presentation to the Environmental
Alliance.
It was moved by Member Menesini and seconded by Member Hockett to adopt
Resolution 2007-120. Motion passed by the following vote of the Board:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Hockett, Lucey, Menesini, Nejedly
None
McGill
Book 56 - Page 208
Board Minutes of September 20, 2007
4. CONSENT CALENDAR
It was moved by Member Hockett and seconded by Member Lucey to adopt the Consent
Calendar as recommended. Motion passed by the following vote of the Board:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Hockett, Lucey, Menesini, Nejedly
None
McGill
a. Approve expenditures dated September 20,2007. Reviewed by Budget and
Finance Committee.
b. Receive July 2007 Financial Statements. Reviewed by Budget and Finance
Committee.
c. Adopt Resolution 2007-121 accepting an offer of dedication from Oak Gate
Properties, LLC for an easement shown on the recorded final map of minor
Subdivision 04-0020 in the Danville area of Contra Costa County, accepting public
sewer improvements (Job 5822 - Parcel 1 ), and authorize staff to record
documents with the Contra Costa County Recorder.
d. Adopt Resolution 2007-122 accepting an offer of dedication from Clara H. Harris
for an easement shown on the recorded final map of Subdivision 8860 in the Town
of Danville, accepting public sewer improvements (Job 5882 - Parcel 2), and
authorize staff to record documents with the Contra Costa County Recorder.
e. Adopt Resolution 2007-123 accepting an offer of dedication from Meritage Oaks
LLC for an easement shown on the recorded final map of Subdivision 8726 in the
City of Lafayette, accepting public sewer improvements (Job 5891 - Parcel 1), and
authorize staff to record documents with the Contra Costa County Recorder.
f. Adopt Resolution 2007-124 accepting an offer of dedication from Rainbow
Investors for an easement shown on the recorded final map of Subdivision 8996 in
the City of Pleasant Hill, accepting public sewer improvements (Job 5899 - Parcel
2), and authorize staff to record documents with the Contra Costa County
Recorder.
g. Adopt Resolutions 2007-125 and 2007-126 accepting a grant of easement (District
Project 5833 - Parcel 1) and authorizing execution of quitclaim deed to Eugene
Goodreault and Lagene Goodreault (7 Via Corte, Orinda; District Project 1560 -
Parcel 70), and authorize staff to record documents with the Contra Costa County
Recorder.
h. Authorize medical leave of absence without pay for Utility Worker Felix Espinosa
through December 21,2007.
Book 56 - Page 209
Board Minutes of September 20, 2007
5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
None.
6. REPORTS
a. GENERAL MANAGER
1) General Manager James Kelly announced that many of the cities in
Alameda and Contra Costa County and East Bay Municipal Utility District
have received public record requests for salaries of their employees from
the Contra Costa Times. He stated that he will notify the Board if the
District receives such a request.
2) General Manager James Kelly announced that Human Resources Manager
Cathryn Freitas will be attending the International Personnel Management
Association (IPMA) Annual Training Conference in Chicago - September 30
through October 3,2007. The conference provides information on national
trends, trade products, legal updates and professional development.
3) General Manager James Kelly announced that Assistant Engineer Clint
Shima, and Senior Engineer Ba Than will be attending the "World of
Concrete" Conference in Las Vegas, Nevada from January 20 through 25,
2008. The conference provides information about the latest technologies in
the construction, repair, and maintenance of concrete structures. This
training is applicable to a wide array of construction and 0 & M work at the
District. Funds were included in the Fiscal Year 2007-08 Training and
Conference budget to cover the costs of attendance.
4) General Manager James Kelly announced that the Contra Costa County
Board of Supervisors proposes to adopt a resolution recognizing the
contributions of the Contra Costa County Sanitation District on the Lower
Walnut Creek Channel Project at its meeting of September 25,2007.
5) General Manager James Kelly announced that three Fire Department
stations - from Pacheco, Concord and Walnut Creek - the three most likely
to respond to any emergency at the treatment plant - are planning joint
emergency training sessions that will take place at the plant in October with
the Fire Department, Plant Operations, and the District's Safety section
taking part. This partnership is the brainchild of Community Affairs
Representative Chris Carpenter, who in his spare time, is a volunteer
firefighter.
6) General Manager James Kelly announced that the District's redesigned
website will address the requirements of a new Assembly Bill, AB 1393, that
requires all public agencies with a website to post a notice on the home
Book 56 - Page 210
Board Minutes of September 20, 2007
page of a "Public Records Center." Following the instructions in AB 1393,
when clicked on, "Public Records Center" will go to a page that lists the
"Who To Contact" with the title, phone, mailing address and e-mail for the
Communications Services Manager for general factual information, and the
District Secretary's title, phone, mailing address and e-mail for inspection or
copies of specific public records. A second heading, "How to Request
Records," will provide a form for submitting on-line requests under the
California Public Records Act.
7) General Manager James Kelly announced that, at the Board Meeting on
August 9,2007, the Board was informed of an excess emissionsl
breakdown incident that occurred on July 18, 2007. The failure of a
centrifuge led to a 4 % minute smoking event. A Reportable Compliance
Activity Report was submitted to Bay Area Air Quality Management District
(BAAQMD). After evaluation of the data by BAAQMD, the District received
a fax confirmation on September 12, 2007 announcing that "An Excess Has
Not Occurred," therefore, a Notice of Violation will not be issued for the
event.
8) General Manager James Kelly announced that, on June 7,2007, staff
advised the Board that the District had undercharged developers of two
subdivisions in Oanville for capacity, reimbursement, and other related fees.
The two developers are KB Homes and Lennar Communities. The
subdivisions are located in the "intervening properties" area near Lawrence
Road and Camino Tassajara. KB Homes owed an additional $133,287.87
and Lennar Communities owed $258,083.70. Lennar has paid the full
amount owed to the District. Discussions are continuing with KB Homes
regarding the fees owed and schedule for payment.
9) General Manager James Kelly announced that at the September 6, 2007
Board meeting it was reported that four District employees would be
attending the California Water Environment Association Northern Regional
Conference to be held in Redding, California, September 12 - 14, 2007.
The two Treatment Plant employees attending the conference were
inadvertently left off the list. Keith Gore, Senior Plant Operator, and Jesse
Lucia, Plant Operator III, also attended the conference.
10) General Manager James Kelly announced that Pollution Prevention (P2)
Week is September 17 - 23, 2007. For P2 Week, Central Contra Costa
Sanitary District will have daily displays (targeted at employees) that include
a new P2 message each day. These will be set up in the HOB Lobby and at
CSO. Also, on Tuesday, September 18, Melody LaBella, CCCSD's
Pollution Prevention Program Coordinator, will make a brown bag
presentation on CCCSD's pollution prevention program and will also include
information on ways that employees can prevent pollution.
Book 56 - Page 211
Board Minutes of September 20, 2007
In addition, CCCSD will be supporting regional activities through the Bay
Area Pollution Prevention Group (BAPPG). The BayWise website featured
ideas from Bonnie Lowe's article in the latest Pipeline publication - "10
Ways to Protect the Bay."
Announcements 1-10 were included as written announcements in the Board
packet.
11) General Manager James Kelly announced that the District has received a
letter from the National Park District stating that the District has the
necessary right of way to proceed with the Alhambra Valley Sewer project.
12) General Manager James Kelly stated that a memo has been distributed
regarding a request for Board Member interviews by Nancy Southern, who
is conducting the District's Leadership Development Program.
b. COUNSEL FOR THE DISTRICT
No reports.
c. SECRETARY OF THE DISTRICT
Secretary of the District Elaine Boehme announced that the Capital Improvement
Budget Board Planning Workshop will be held on November 29,2007.
d. BOARD MEMBERS
1) Member Lucey reported on the September 19, 2007 Budget and Finance
Committee meeting and summarized the Action Summary for that meeting.
The Board accepted the report without comments.
2) Member Hockett reported on the September 11, 2007 Ad Hoc Code Review
Committee meeting. She stated that the Committee has four meetings
scheduled and will report back to the Board. She requested that Board
Members provide the Committee with any comments or input regarding the
proposed Code changes.
General Manager James Kelly stated that, since compensation for Ad Hoc
Committees is not included in the Board Compensation Resolution, Board
approval is required to compensate members of the Ad Hoc Code Review
Committee.
It was moved by Member Menesini and seconded by President Nejedly to
authorize compensation for Ad Hoc Code Review Committee meetings.
Motion passed by the following vote of the Board:
Book 56 - Page 212
Board Minutes of September 20, 2007
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Hockett, Lucey, Menesini, Nejedly
None
McGill
3) Member Lucey reported on the September 11, 2007 Human Resources
Committee meeting and summarized the Action Summary for that meeting.
The Board accepted the report without comments.
4) Reports on miscellaneous business meetings attended by Board Members.
Member Lucey reported on his and Member Menesini's attendance at the
recent Toastmasters Anniversary Celebration.
Member Hockett reported on her attendance at the Contra Costa Council
Delta Vision event.
Member Lucey announced his attendance at one of the District's
Leadership Program meetings, and stated that he was impressed with the
caliber of the participants.
5) Announcements
Member Menesini announced that the State of the Estuary meeting will be
held in October 2007.
7. BUDGET AND FINANCE
a. REVIEW AND APPROVE THE STATEMENT OF INVESTMENT POLICY.
REVIEWED BY BUDGET AND FINANCE COMMITTEE
General Manager James Kelly stated that, in accordance with the District's investment
policy, the policy is reviewed and approved annually by the Board. The three goals of the
investment policy are: liquidity, safety, and return. For the first time in many years, staff
is recommending additions to the District's investment options.
Debbie Ratcliff, Controller, presented a report. She stated that, currently, the District's
investment policy allows investments in US Treasury Bills and Notes, Bankers
Acceptances, Collateralized Certificates of Deposit, Commercial Paper, and the Local
Agency Investment Fund (LAIF). Government Code Section 53635 allows for a variety of
other investments. Staff has reviewed additional investment options used by the County
and is recommending three new investment options: negotiable Certificates of Deposit;
medium term notes; and Investment Trust of California (CaITRUST). All three meet the
District's objectives of liquidity, safety and rate of return. She recommended that the 15
percent limitation to minimize risk not be applied to CaITRUST, adding that it currently
does not apply to LAIF or T-bills. The new investments were reviewed by the Budget and
Finance Committee, which recommends approval.
Book 56 - Page 213
Board Minutes of September 20, 2007
It was moved by Member Lucey and seconded by Member Hockett to approve the
Statement of Investment Policy. Motion passed by the following vote of the Board:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Hockett, Lucey, Menesini, Nejedly
None
McGill
8. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None.
9. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS
None.
10. CLOSED SESSION
The Board recessed at 2:34 p.m. to reconvene in closed session in the Caucus Room
regarding:
a. Personnel Matters Pursuant to Section 54957 of the Government Code -
Review of District Counsel contract.
b. Conference with real property negotiators pursuant to Section 54956.8 of the
Government Code concerning easements/access, path between Green Street and
Hillside Drive, Martinez - APN 372-121-041.
District negotiators: Kenton L. Aim, Randall M. Musgraves, Ann Farrell, and Curt
Swanson
Negotiating parties: Gus Kramer
Under negotiation: Price and Terms of Payment
c. Conference with legal counsel - initiation of litigation pursuant to Section
54956.9(c) of the Government Code - one potential case.
d. Conference with labor negotiators pursuant to Government Code Section 54957.6
District Negotiators: Human Resources Manager Cathryn Freitas and Director of
Administration Randy Musgraves;
Employee Organization: Central Contra Costa Sanitary District - All Bargaining
Units
The Board reconvened in open session in the Board Room at 3:01 p.m.
Book 56 - Page 214
Board Minutes of September 20, 2007
11. REPORT OUT OF CLOSED SESSION
No reports.
12. ADJOURNMENT
There being no further business to come before the Board, President Nejedly adjourned
the meeting at 3:02 p.m.
~ c. 7?;r4
J es A. Nejedly
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
~f2:,~
Elaine R. Boehme
Secretary of the Central Contra Costa
Sanitary District, County of Contra Costa,
State of California
..
Book 56 - Page 215