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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