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HomeMy WebLinkAboutBOARD MINUTES 12-06-07 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON DECEMBER 6, 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, December 6, 2007. 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 to the Flag. b. INTRODUCTIONS Board Members welcomed Thomas Ford, newly-hired Maintenance Technician III, Mechanical. 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, 2008 It was moved by Member Menesini and seconded by President Nejedly to appoint President Pro Tem Lucey as President commencing January 1, 2008. Motion passed by unanimous vote of the Board. It was moved by President Nejedly and seconded by President Pro Tem Lucey to appoint Member Hockett as President Pro Tem commencing January 1, 2008. Motion passed by unanimous vote of the Board. 4. CONSENT CALENDAR It was moved by Member Hockett and seconded by Member Lucey to adopt the Consent Calendar as recommended. Motion passed by unanimous vote of the Board. Book 57 - Page 46 Board Minutes of December 6, 2007 a. Approve expenditures dated December 6, 2007. Reviewed by Budget and Finance Committee. b. Receive October 2007 Financial Statements. Reviewed by Budget and Finance Committee. c. Approve minutes of November 1, 2007 and November 15, 2007 Board Meetings. d. Adopt Resolution 2007-176 accepting an offer of dedication from GHC Investments, LLC for an easement shown on the recorded final map of Subdivision 7725 in the Alamo area, accepting Job 5496 - Parcel 2, public sewer improvements, and authorize staff to record documents with the Contra Costa County Recorder. e. Adopt Resolution 2007-177 accepting an offer of dedication from Windemere BLC Land Company, LLC for easements shown on the recorded final map of Subdivision 7976 in the Dougherty Valley area of San Ramon, accepting Job 5585 - Parcel 1, public sewer improvements, and authorize staff to record documents with the Contra Costa County Recorder. f. Adopt Resolution 2007-178 accepting an offer of dedication from Brookfield Ambridge, LLC for an easement in the Dougherty Valley area of San Ramon accepting Job 5585 - Parcel 2, public sewer improvements, and authorize staff to record documents with the Contra Costa County Recorder. g. Adopt Resolution 2007-179 accepting an offer of dedication from Arbor Springs Partners, LLC for an easement shown on the recorded final map of Subdivision 7632 in the Pacheco area, accepting Job 5610 - Parcel 2, public sewer improvements, and authorize staff to record documents with the Contra Costa County Recorder. h. Authorize use of maximum of $13,200 unspent Equipment Budget Funds to purchase a breaker hammer attachment for the backhoe purchased on 2007- 2008 Equipment Budget. i. Accept the contract work for the Walnut Creek Sewer Renovation - Phase 5, District Project 5964, and authorize filing of the Notice of Completion. j. Authorize extension of medical leave of absence without pay for Utility Worker Maralee Davi through December 3, 2007. Book 57 - Page 47 Board Minutes of December 6, 2007 5. HEARINGS a. CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTING AN ORDINANCE (UNCODIFIED) TO ESTABLISH REIMBURSEMENT FEES APPLICABLE TO PROPERTIES THAT COULD CONNECT TO JOB 5436, 5818, OR 5893 General Manager James Kelly stated that the installers of three main sewer extensions have applied for reimbursement accounts. Staff has completed its evaluation and recommends that the Board establish reimbursement fees for each of these. The District Code requires that a public hearing be conducted prior to the Board’s consideration of the proposed fees. Development Services Section Principal Engineer Jarred Miyamoto-Mills presented a brief staff report stating that all affected parties were notified of the hearing by mail and the Notice of Public Hearing was advertised in the Contra Costa Times. He outlined the reimbursable costs for each account and showed locational maps. He also reported on communications and comments received from the affected parties. The public hearing was opened and closed without comments. It was moved by Member Lucey and seconded by Member Menesini to adopt Ordinance 247 (Uncodified) establishing reimbursement fees applicable to properties which could connect to Jobs 5436, 5818, or 5893. Motion passed by unanimous vote of the Board. 6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 7. REPORTS a. GENERAL MANAGER 1) Household Hazardous Waste Collection Facility Annual Report General Manager James Kelly announced that the Household Hazardous Waste th (HHW) Collection Facility is celebrating its 10 year in operation. He stated that the facility is an important element of the District’s pretreatment and pollution prevention programs. Household Hazardous Waste Supervisor David Wyatt presented a summary of the fiscal year 2006-2007 Annual Report covering operating data, temporary collection events, small business program, and 10-year statistics. Book 57 - Page 48 Board Minutes of December 6, 2007 Mr. Wyatt reported that 26,820 households and small businesses were served in fiscal year 2006-2007. This is up 10.2 percent from the previous year, primarily due to Universal Waste laws. Lafayette had the highest level of participation, with San Ramon being the lowest. Operating costs per car were $54 in 2006-07, compared to $64 in the prior year. Total operating costs (including capital costs) were $61 per car, compared to $71 in the prior year. Reuse participation totaled 5,552 participants (51,875 items or 316,503 lbs.). The amount of household batteries and fluorescent lamps collected doubled from last year because of the Universal Waste Law that went into effect in February 2006, with batteries collected at 64,540 lbs. and fluorescent lamps at 145,376 lbs. There was one temporary collection event in San Ramon serving a total of 352 residents. Small businesses, or the “Conditionally Exempt Small Quantity Generators” (CESQG) program, experienced a 26 percent increase in the number of business participants and a 48 percent increase in the number of appointments. There were 161 participants served by 373 appointments in fiscal year 2006/07. Mr. Wyatt stated that the total amount of hazardous waste collected at the Household Hazardous Waste Facility was 1,895,523 lbs. He described the breakdown of waste management and percentage of each method of disposal, adding that 90 percent of the waste went to a beneficial use such as recycling, reuse, and alternative fuels. Board Members thanked Mr. Wyatt for his comprehensive report and had no proposed changes. 2) General Manager James Kelly announced the Hg Watershed permit appealed by Baykeeper was put in abeyance for two years unless Baykeeper requests that it be considered earlier. 3) General Manager James Kelly announced that the District will be receiving two awards from the California Water Environment Association, San Francisco Bay Section 1) Collection System of the Year and 2) Engineering Achievement Award for the Plant Control System. 4) General Manager James Kelly announced receipt of new chairs for the Board of Directors in the Board Room. 5) General Manager James Kelly announced that the Bay Area Air Quality Management District (BAAQMD) is evaluating the results of a recent source test on the District’s auxiliary boilers, and they may issue the District a Notice of Violation for the excess NO emissions based on that x test. The results of the five-year Title V compliance source tests on the Book 57 - Page 49 Board Minutes of December 6, 2007 District’s auxiliary boilers indicated that the boilers were in compliance with all applicable emission limits, except the limit for oxides of nitrogen (NO) x while firing on natural gas. The permit limit is 30 parts per million (ppm). Auxiliary Boilers Nos. 1 and 2 had NO concentrations of 38.8 and 33.1 x ppm, respectively. The District immediately curtailed the use of natural gas in the boilers and subsequently adjusted the boilers to meet the permit requirements. The boilers have been retested and are within the permit limits. The results of the testing have been reported to the BAAQMD. 6) During the week of December 17, 2007, the first operator training classes piloted at the District will be completed. Approximately 70 students are enrolled in at least one training class. Bay Area Clean Water Agencies contracted with Solano Community College to provide the first semester classes. Eleven Bay Area clean water agencies participated in the first semester, and three additional agencies have committed funding for a second semester. The second semester classes are proposed to start the second week in January 2008 and will include Water 100 - Introduction to Wastewater Treatment (conducted at West County Wastewater District in Richmond), Water 105 - Wastewater Treatment (at CCCSD), Water 106- Instrumentation and Controls (at CCCSD), and Water 107 - Mathematics of Water and Wastewater Treatment (at CCCSD). Staff has met with Los Medanos Community College and Diablo Valley Community College, and neither can provide an accredited wastewater program. 7) General Manager James Kelly announced that recently, staff completed evaluation of proposals submitted in response to a Request for Qualifications/Proposals (RFP) for appraisal services. These services are needed to support the Right-of-Way work group's easement acquisition efforts. The District currently contracts $80,000 to $100,000 for appraisals per year. RFPs were sent to a total of 85 companies with appraisers certified as "Member-Appraisal Institute (MAI)," the highest designation for professional appraisers. Eighteen proposals were received and evaluated. Five of these firms are expected to be engaged by the District under "blanket agreements" to provide services over the next two years. Under staff authority, each agreement will have an initial cost ceiling of $35,000, with no retainer or guarantee of work. The decision to engage several appraisers under blanket contracts was based on the need to ensure that the property appraisal process does not affect District Project schedule and budget. Appraisers are currently busy with assignments related to many local infrastructure improvement programs (for example, the Highway 4 Bypass), and any particular firm may be too busy to meet the schedule needs, or would propose a significant premium fee to expedite a specific District assignment. If this turns out to be the case, staff could request assignment-specific proposals from other firms with blanket agreements, and the appraisal process could Book 57 - Page 50 Board Minutes of December 6, 2007 rapidly proceed. Multiple agreements also provide the opportunity to compare the performance of several firms. 8) General Manager James Kelly announced that it was previously reported to the Board that the surplus vehicle sale event would take place on Saturday, November 17, 2007. The sale was postponed until Saturday, December 15, 2007. 9) General Manager James Kelly announced that the International Water Association (IWA) and the Water Services Association of Australia (WSAA) are conducting an Asset Management Process Benchmarking Project. Utilities in Australia and Europe, leaders in asset management as well as utilities in the United States, will participate. In order to participate in the benchmarking opportunity, a corporate membership in the IWA is required. While both the membership and the study are within staff authority, staff wanted to advise the Board of this opportunity. The initial orientation workshop will take place in March 2008 and the project should be complete by the end of 2008. All required benchmarking workshops and meetings are expected to take place within the United States. Staff will make the benchmarking information available to the Board at the conclusion of the study. 10) General Manager James Kelly announced that the District Annual Holiday Party will take place on Friday, December 14, 2007 from 12:00 p.m. to 2:00 p.m. at the Back Forty BBQ Restaurant located at 100 Coggins Drive in Pleasant Hill. Reservations need to be submitted by Friday, December 7, 2007 to Dolly Flanders at the CSO facility. There will be a no-charge, catered buffet for attendees. 11) General Manager James Kelly announced that on November 28, 2007, staff purchased the remaining natural gas for the period of January 2008 through June 2008 at a price of $7.62 per decatherm. This completes the purchase of natural gas for Fiscal Year 2007 – 2008, with an average purchase price of $7.99 per decatherm. The budgeted natural gas price for Fiscal Year 2007 – 2008 is $8.60 per decatherm, which includes a $0.31 per decatherm transportation cost from Pacific Gas and Electric. Items 5-11 were provided as written announcements. b. Counsel for the District No reports. c. Secretary of the District No reports. Book 57 - Page 51 Board Minutes of December 6, 2007 d. Board Members 1) Member McGill reported on the December 3, 2007 Budget and Finance Committee Meeting. The Board received the report without comments. 2) Member Lucey reported on the November 20, 2007 Real Estate Committee Meeting. The Board received the report without comments. 3) Member McGill reported on the November 28, 2007 Ad Hoc Code Review Committee Meeting. Member McGill stated that as an attachment to the Ad Hoc Code Review Committee Agenda the Board is provided an update of the major issues in the particular code sections that require input from the Board relative to policies. The Committee reviews the Code sections and discusses the issues with staff at the Committee meeting. The Committee then attempts to reflect what might be a collective Board position, and makes a recommendation to the full Board. Member McGill asked the Board’s opinion of the best way to get that recommendation back to the full Board. Member Lucey responded that after the Committee’s changes have been incorporated into the document, a copy of the document with the changes indicated should be given to the full Board so that any questions or concerns can addressed at that point. Member Hockett suggested that the Board Members receive a copy of the edits resulting from the Committee’s decision and provide the Committee feedback on that. This document would show the original Code with the recommended edits highlighted. Member Hockett stated that it would be good to have any comments to the Board Committee prior to the Committee Meeting so they could be integrated. 4) Member McGill reported on his visit to the Stickney Water Reclamation Plant in Chicago in November. 5) Member McGill reported on his and General Manager James Kelly’s meeting with the City of Walnut Creek on November 29, 2007. 6) Member McGill reported on his attendance at the Contra Costa Council Transportation Task Force Meeting on December 4, 2007 and the Home Builder Association of Northern California breakfast meeting on December 5, 2007. Book 57 - Page 52 Board Minutes of December 6, 2007 8. ENGINEERING a. CONSIDER FORMATION OF THREE ALHAMBRA VALLEY ASSESSMENT DISTRICTS (AVADS) IN UNINCORPORATED MARTINEZ FOR THE PURPOSE OF INSTALLING SEWER IMPROVEMENTS; ADOPT RESOLUTIONS OF INTENTION TO CREATE THE AVADS; ADOPT RESOLUTIONS APPROVING THE BOUNDARY OF THE ASSESSMENT DISTRICTS; AND ADOPT RESOLUTIONS REQUESTING CONSENT OF CONTRA COSTA COUNTY FOR CENTRAL CONTRA COSTA SANITARY DISTRICT TO CONDUCT PROCEEDINGS FOR THE AVADS FOR: (1) 68 properties on Alhambra Valley Road, Monteira Lane, Quail Hollow, Sheridan Lane, Strentzel Lane, and Wanda Way (Trunk Sewer AVAD No. 2007-1). (2) 45 properties on Alhambra Valley Road, Gordon Way, Millican Court, and Millthwait Drive; (Gordon/Millthwait AVAD No. 2007-2). (3) 14 properties on Reliez Valley Road (Reliez Valley AVAD No. 2007-3). General Manager James Kelly reported that last month the Board approved the policies and procedures for the Alhambra Valley Assessment Districts. It is now appropriate to start the formation of specific assessment districts. Division Manager of Environmental Services Curt Swanson provided the Board with background information and the steps that the Board will be asked to take to set up the AVADs and described the three assessment districts that are being initiated at this meeting. Mr. Swanson reported that the Alhambra Valley Trunk Sewer is on schedule to be completed in January 2008. The assessment district program is voluntary. Assessment districts need to be formed within three years after trunk sewer completion. Funds come from CCCSD or loans. Currently CCCSD funds are being used. The interest rate is the LAIF rate or bank rate plus 1 percent with a minimum fixed interest rate of 6 percent. Three properties are needed to form an assessment district. Sixty percent of the properties must participate in an AVAD. Once an AVAD is initiated, residents have 18 months to complete sewer construction. The Board must approve each AVAD at each of the following points 1) initiate formation 2) approve Engineer’s report and election, order improvements and assessments and 3) approve and levy final assessments. Costs that are eligible for financing include share of the District trunk sewer cost, sewer main extensions to serve neighborhoods, lateral sewer in the street, and the CCCSD capacity fee. Costs that are not eligible for financing include septic tank abandonment, lateral sewer on private property, and other CCCSD fees. Book 57 - Page 53 Board Minutes of December 6, 2007 AVAD No. 2007-1 includes the 68 properties that directly connect to the trunk sewer. CCCSD has paid for costs of the trunk sewer. AVAD No. 2007-2 includes sewer extension off trunk sewer. It will serve properties along Gordon Way, Milthwait Drive, and Millican Court. There are 45 potential participants. There was 75 percent interest in forming this AVAD. Design is 90 percent complete. AVAD No. 2007-3 includes sewer extension off of trunk sewer. This will serve properties along Reliez Valley Road east of “T” intersection. There are 14 potential participants. There was a 61 percent interest in forming this AVAD. It was moved by Member Hockett and seconded by Member Menesini to authorize formation of Trunk Sewer AVAD No. 2007-1, Gordon/Millthwait AVAD No. 2007-2, and Reliez Valley AVAD No. 2007-3; adopt resolutions of intention to create the AVADs - Resolutions 2007-180, 2007-183 and 2007-186; adopt resolutions approving the boundary of the assessment districts - Resolutions 2007-181, 2007-184 and 2007-187; and adopt resolutions requesting consent of Contra Costa County for Central Contra Costa Sanitary District to conduct proceedings for the AVADs - Resolutions 2007-182, 2007-185 and 2007-188. Motion passed by unanimous vote of the Board. 9. HUMAN RESOURCES a. ADD SECRETARY III POSITION (G-52 $3,780 - $4,567) TO THE ENVIRONMENTAL SERVICES DIVISION OF THE ENGINEERING DEPARTMENT AND AUTHORIZE FILLING THE POSITION General Manager James Kelly reported that the Environmental Services Division workload has increased due to reduced limits for mercury, copper, and lead. Staff tried to accomplish the increased workload by streamlining the work, but were unable to. This request for a Secretary III position was brought to the Human Resources Committee. After review, the Human Resources Committee recommended that this request be brought to the full Board for consideration. Member Lucey reported on the Human Resources Committee meeting, stating that staff had thought that the work would be streamlined and not require new employees. Member Lucey stated that he is not in favor of this staffing increase since a substantial portion of this work is being done for Contra Costa County Storm Water and the District is not being reimbursed for this work. Member Menesini was willing to agree to this increase in staff because of the importance of pollution prevention. The Committee requested that this be brought to the full Board for consideration because of this split opinion. It was moved by Member Menesini and seconded by Member Hockett to authorize the addition and filling of a Secretary III position (G-52 $3,780 - $4,567) to the Book 57 - Page 54 Board Minutes of December 6, 2007 Environmental Services Division of the Engineering Department. Motion passed by the following vote of the Board AYES: Members: Hockett, McGill, Menesini NOES: Members: Lucey, Nejedly ABSENT: Members: None President Nejedly stated that he voted no for the following reasons. He expressed that he has been an advocate for making the storm water and source control areas more user-friendly and feels it is improving, but there is a lot of work to do. The departments need a complete overhaul in order to better serve the constituents on a friendly basis rather than an adversarial basis. He would like to see some policy changes regarding ways to provide better customer service. 10. BUDGET AND FINANCE a. APPROVE THE COMPREHENSIVE ANNUAL FINANCIAL REPORT AS OF JUNE 30, 2007 FOR SUBMISSION TO THE GOVERNMENT FINANCE OFFICERS ASSOCIATION General Manger James Kelly recognized the efforts of Finance Administrator Colette Curtis- Brown and Accountant Thea Vassallo in preparing the 2007 Comprehensive th Annual Financial Report. Mr. Kelly stated that this is the 8 year that this report has been submitted for review and the District has been awarded the Certificate of Achievement for Excellence in Financial Reporting for the last seven years. This is the highest form of recognition for excellence in state and local government financial reporting. This document includes 10 years of historical data. It helps aid with bond applications and when working with other agencies. It also provides a great summary for the Board and staff. It was moved by Member Lucey and seconded by Member Menesini to approve the Comprehensive Annual Financial Report as of June 30, 2007. Motion passed by unanimous vote of the Board. 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 12. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS President Nejedly suggested that the Real Estate Committee look into the possibility of farming alfalfa, hay, etc. on the portion of the District property that requires fire abatement each year. If this property is fertile enough to need abatement each year, it may be profitable to the District to lease it for this type of farming. Book 57 - Page 55 Board Minutes of December 6, 2007 13. CLOSED SESSION: The Board recessed at 3:27 p.m. to reconvene in closed session the Caucus Room regarding: a. Existing litigation pursuant to Section 54956.9(a) of the Government Code - Daniel and Eileen Scanlon v. Kandi Kaufman, et al; Lorraine Kaufman v. Daniel Scanlan, et al - Cross-Complaint - Contra Costa Superior Court No. C06-01976. b. Significant exposure to litigation pursuant to Government Code Section 54956.9(b). . One potential matter. c. 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 Employees Association Local 1. The Board reconvened in open session in the Board Room at 3:59 p.m. 14. REPORT OUT OF CLOSED SESSION None. 15. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at 4:00 p.m. tfM~..M Barbara D. Hockett President Pro Tem of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: ~o~ Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Book 57 - Page 56