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HomeMy WebLinkAboutBOARD MINUTES 07-02-09MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 2, 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, July 2, 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. b. INTRODUCTIONS Board Members congratulated Todd Smithey on his promotion to Accountant; Robert Maroon on his promotion to Plant Operator II; David Martinez on his promotion to Plant Operator II; and Michelle Edwards on her promotion to Plant Operator I. 2. PUBLIC COMMENTS There were no public comments. 3. AWARDS AND COMMENDATIONS a. PRESENTATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) AWARD FOR THE FISCAL YEAR ENDED JUNE 30, 2008 Controller Debbie Ratcliff presented the award to the Board, stating that this is the ninth consecutive year the District has received this award. Board Members commended Ms. Ratcliff and the Finance Division for their outstanding work. 4. CONSENT CALENDAR Member Lucey requested that Item 4.j. be removed from the Consent Calendar for discussion. Book 59 -Page 51 Board Minutes of July 2, 2009 It was moved by Member Lucey and seconded by Member Menesini to adopt the Consent Calendar as recommended, with the exception of Item 4.j. Motion passed by unanimous vote of the Board. a. Approve expenditures dated July 2, 2009. Reviewed by Budget and Finance Committee. b. Receive May 2009 Financial Statements. Reviewed by Budget and Finance Committee. c. Approve minutes of June 4, 2009 Board meeting. d. Adopt Resolution 2009-037 confirming publication of a summary of District Ordinance 254 -adopting an uncodified schedule of capacity fees, rates and charges in accordance with Chapter 6.12 of the Central Contra Costa Sanitary District Code. e. Adopt Resolution 2009-038 confirming publication of a summary of District Ordinance 255 -adopting an uncodified schedule of environmental and development-related rates and charges in accordance with Chapter 6.30 of the Central Contra Costa Sanitary District Code. Adopt Resolution 2009-039 accepting an offer of dedication for an easement from Shapell Industries in the Dougherty Valley area of San Ramon, Job 5864 - Parcel 1; and authorize staff to record documents with the Contra Costa County Recorder. g. Adopt Resolution 2009-040 accepting an offer of dedication for an easement from Rainbow Investors in Pleasant Hill shown on the recorded final map of Subdivision 8896, Job 5899 -Parcel 2; and authorize staff to record documents with the Contra Costa County Recorder. h. Adopt Resolution 2009-041 authorizing staff to execute and record agreements and promissory note releases under the One-Year Connection Fee Payment Deferral Pilot Program. Advise the Board of the closeout of the Treatment Plant Site Improvements, District Project 7251. Authorize the General Manager to enter into agreements with cities for the Source Control Section to conduct limited storm water inspection services while the agreement with the Contra Costa Clean Water Program is being processed. Member Lucey stated that he would like more information regarding this item and expressed concern that the District is not being adequately compensated for its services. He objected to the District continuing to perform stormwater work. Book 59 -Page 52 Board Minutes of July 2, 2009 General Manager James Kelly stated that the Clean Water Program agreement has expired, and cities will need District assistance if there is an emergency. The proposed agreements would have the same terms and conditions as the recently-expired agreement and would include full cost recovery. So far, only the City of Martinez has requested such an agreement. In response to questions, staff responded that renewal of the Contra Costa Clean Water Program agreement has been delayed in the County Counsel's Office. In response to the question would the District respond in an emergency if there were no agreement, General Manager James Kelly stated that, if it would protect public health and the environment, the District would respond. Staff would also seek the Board President's concurrence. Board Members agreed that the District should be fully compensated for any services provided. It was moved by President Nejedly and seconded by Member Hockett to approve Item 4.j. as recommended. Motion passed by the following vote of the Board: AYES: Members: Hockett, McGill, Menesini, Nejedly NOES: Members: Lucey ABSTAIN: Members: None 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Items 8.a. and 9.a. were taken out of order. 6. REPORTS a. GENERAL MANAGER 1) Bid Results for Calendar Year 2009. General Manager James Kelly stated that, to date, the District has bid/awarded 10 capital projects in calendar year 2009. Capital Projects Division Manager Tad Pilecki reported that bids have been coming in lower than the Engineer's Estimates. Savings of 20 percent have been achieved over the 2008/09 Capital Improvement Budget (CIB) Construction Estimate. This amounts to $2,580,000. He stated that the CIB is prepared without the benefit of plans and specifications. The scope of the projects may also grow in sewer renovation projects to address urgent repairs and to accommodate City paving and improvement projects. He stated that staff will present a more detailed analysis of the potential savings at the August 6 Board meeting. Book 59 -Page 53 Board Minutes of July 2, 2009 2) General Manager James Kelly announced that, according to District Counsel Kent Alm, the procedures for a possible withdrawal from the California Association of Sanitation Agencies (CASA) was raised at the June 18t" Board meeting. The procedures are very simple, inasmuch as non-payment of annual dues results in termination of membership. Article XI Section 1 provides that membership dues are payable each calendar year with payment due no later than February 1St. Separately, if the Board were to seek immediate termination, Article V Section 2 (Termination) further provides that the membership of any member may be voluntarily terminated at any time by such member sending written notification of its intent to withdraw. Withdrawal or termination ends any participation in the Association activities and shall "terminate a member's interest in the Association's assets." 3) General Manager James Kelly announced that the Annual Summer Student Picnic, originally scheduled for Wednesday, June 24, 2009, was cancelled. The decision was made based on the issue of potential public perception and its negative impact on the District in a period of economic turmoil. Specifically, seeing more than 100 people gathered mid-week in a County park with a number of District vehicles parked in an adjacent lot could give the public a negative impression of District employees. 4) General Manager James Kelly announced that the District hosted a public workshop on Tuesday, June 3 from 7 p.m. to 8 p.m. regarding the Walnut Creek Sewer Renovation Project, Phase 7. The meeting was held at the Walnut Creek City Hall, and there were 13 attendees from 11 different addresses. Topics discussed were expected construction impacts, paving and property restoration, and lateral replacement. Residents from Bradley Avenue and Camrose Place had specific concerns regarding existing storm drains and runoff issues. 5) General Manager James Kelly announced that staff will advertise for the TV Inspection of Sanitary Sewers on July 10, 2009 and July 15, 2009 with bid opening on July 27, 2009. The position paper for award is planned for August 6, 2009. The work generally consists of providing sewer television inspection for those pipe segments in San Ramon, Clyde, and un- incorporated areas of the County that have not been inspected. 6) General Manager James Kelly announced that staff will advertise for the Walnut Creek Sewer Renovation, Phase 7, Project on July 3, 2009 and July 9, 2009 with bid opening on July 17, 2009. The position paper for award is planned for August 6, 2009. The work generally consists of replacement of 10,000 feet of sewer mains mostly located in the Homestead and Oak Knoll areas of Walnut Creek. Book 59 -Page 54 Board Minutes of July 2, 2009 7) General Manager James Kelly announced that it was reported to the Board in the June 18t" Written Announcements that Best Contracting Services (BEST) unofficially informed the District that they made a $100,000 mistake in their bid for the Headworks and Mechanical Shop Roof Replacements Project. On June 18, 2009, Mr. Mohammad H. Beigi, General Manager for BEST, replied and indicated that Best "has every intention of moving forward with this project to its completion." Staff is working to start the construction work this summer. 8) General Manager James Kelly announced that Round Hill Estates North is located in Alamo above the Round Hill Country Club. Many of the homes are served by sewers installed on benches cut into the hillside. The benches were designed to collect and convey rainwater. The benches are often fifty feet or more below the homes. Access to the sewers for maintenance and repair is via these benches. There are approximately 160 homes in this subdivision. About one third have an issue with the condition of the bench below the home that impedes access. Examples of these issues are overgrown brush and small land slides. There are also some issues in the land maintained by the homeowners' association (HOA). The District's position is that the individual property owners or the HOA have the responsibility to protect the bench by performing maintenance as necessary. In addition, the District has the right under Title 7 of the District Code to perform such maintenance in order to access District facilities and is not responsible for the cost of such maintenance. District staff and legal counsel will be meeting with the Round Hill Estates North HOA the evening of Tuesday, July 28, 2009, to discuss this matter. Thereafter, staff proposes to contact the homeowners via letter notifying each of them of the particular issue or issues on their property. 9) General Manager James Kelly announced that, in February 2009, the District and City of Walnut Creek began asix-month Pharmaceutical Collection Pilot Program located at the Walnut Creek City Hall. Under the terms of the pilot program, the City of Walnut Creek Police Department is responsible for collection and temporary storage of unwanted or expired medications, and the District is responsible for pick up and disposal of the pharmaceuticals. Towards the end of the pilot program period, the City and District are to determine whether or not the collection program should be continued. In a letter dated June 3, 2009, the City has formally requested that the District continue the collection program in City Hall. The Board Household Hazardous Waste Committee will evaluate the pilot program and consider continuation at its meeting on July 8, 2009. Book 59 -Page 55 Board Minutes of July 2, 2009 10) General Manager James Kelly announced that all future recruitments are being placed on hold, but the recruitments for Payroll Technician and Plant Operator Trainee already underway will be completed. Any critical vacancies that occur in the future will be presented to the Human Resources Committee for consideration. ( Hiring Freeze ) b. COUNSEL FOR THE DISTRICT District Counsel Kent Alm provided a written legal update in the Board agenda packet. 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 Members Hockett and McGill reported on the June 22, 2009 Outreach Committee meeting and summarized the Action Summary. The Board agreed with the proposal to hang a blue banner on the Solids Conditioning Building recognizing the District's "Wastewater Plant of the Year" award. Members Hockett and Lucey reported on the June 26, 2009 Human Resources Committee meeting and summarized the Action Summary. The Board received the report without comments. Member Hockett reported on her attendance at the June 30, 2009 Contra Costa Council Update on Washington and Stimulus Package, with Speaker Congressman Jerry McNerney. Member Lucey Member Lucey and President Nejedly reported on the June 29, 200 Budget and Finance Committee meeting and summarized the Action Summary. Member Lucey stated that the Board was recently notified that they each owe approximately $500 in unpaid Medicare taxes the District mistakenly did not withhold. He stated that the Board was initially informed that they Book 59 -Page 56 Board Minutes of July 2, 2009 had the option of either repaying the money themselves or having the District repay the unpaid taxes, but were told later that this was not the case. The Board Members must repay the unpaid taxes themselves. He asked staff to come back at the next Board meeting with an item to discuss whether the Board would like to increase Board compensation to the maximum allowable amount. Member McGill Member McGill provided a written report on his meeting attendance. 7. ENGINEERING a. ADOPT RESOLUTION 2009-042 CONFIRMING AND LEVYING FINAL ASSESSMENTS FOR FIVE ALHAMBRA VALLEY ASSESSMENT DISTRICTS (AVADs): TRUNK SEWER 2007-1, GORDON/MILLTHWAIT 2007-2, RELIEZ VALLEY 2007-3, MONTEIRA 2007-4, AND QUAIL 2007-6; AND AUTHORIZE STAFF TO RECORD A NOTICE OF ASSESSMENT WITH THE CONTRA COSTA COUNTY RECORDER. ESTABLISH AUGUST 6, 2009 AT 2:00 P.M. AS THE DATE AND TIME FOR A PUBLIC HEARING ON PLACING THESE AVAD ASSESSMENTS ON THE CONTRA COSTA COUNTY TAX ROLL General Manager James Kelly stated that five of the Alhambra Valley Assessment District (AVAD) projects have been completed and the Board is being asked to levy final assessments on the benefiting properties, as well as to set a public hearing on placing assessments for participating properties on the County tax roll. It should be noted that a Central San employee, a Maintenance Tech, is the owner of one of the 147 benefiting properties and may be participating in the financing program. Principal Engineer Jarred Miyamoto-Mills reported that construction is complete for the five AVADs and construction on two others has begun. A total of 61 properties have connected to date. Out-of-Agency service agreements have been signed with three property owners. The Alhambra Oaks subdivision is on hold due to economic conditions. The next step is to notify property owners of the final assessment amounts and the July 24 payment deadline. On August 6, 2009 the Board will hold a public hearing to place the assessments on the County tax roll. President Nejedly noted for the record that his brother lives in the area but he has been advised by District Counsel that this does not constitute a conflict of interest. It was moved by Member McGill and seconded by Member Hockett to adopt Resolution 2009-042 confirming and levying final assessments for five Alhambra Valley Assessment Districts (AVADs): Trunk Sewer 2007-1, Gordon/Millthwait 2007-2, Reliez Valley 2007-3, Monteira 2007-4, and Quail 2007-6; and to authorize staff to record a Book 59 -Page 57 Board Minutes of July 2, 2009 Notice of Assessment with the Contra Costa County Recorder; and to establish August 6, 2009 at 2:00 p.m. as the date and time for a public hearing on placing these AVAD assessments on the Contra Costa County tax roll. Motion passed by unanimous vote of the Board. 8. HUMAN RESOURCES a. ADOPT A MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND THE EMPLOYEES' ASSOCIATION, PUBLIC EMPLOYEES' UNION, LOCAL ONE EFFECTIVE JULY 2. 2009 THROUGH APRIL 17. 2012 Jeff Skinner, representing Local One, urged the Board to approve the Memorandum of Understanding recently ratified by his bargaining group. He expressed gratitude for the terms of the contract and stated that District employees are indeed fortunate to work for a financially stable organization. The Board recessed to discuss the negotiations in closed session and then returned to the Board Room in open session. It was moved by Member Lucey and seconded by Member Hockett to adopt the Memorandum of Understanding between the District and the Employees' Association, Public Employees' Union, Local One effective July 2, 2009 through April 17, 2012, with the omission of any reference to reducing the dental plan benefit for Tier III retirees for the duration of the contract. Motion passed by the following vote of the Board: AYES: Hockett, Lucey, McGill, Menesini NOES: Nejedly ABSTAIN: None 9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION a. RECEIVE REPORT ON EMERGENCY DECLARED ON MAY 21, 2009 AND AUTHORIZE THE GENERAL MANAGER UNDER PUBLIC CONTRACT CODE 22050(b) TO CONTINUE WITH EMERGENCY REPAIRS ON THE RECYCLED WATER PIPELINE AT GRAYSON CREEK IN MARTINEZ, IF WORK HAS NOT BEEN COMPLETED Senior Engineer Ba Than presented an update on the emergency repairs on the recycled water pipeline at Grayson Creek. He stated that three proposals have been received and the project was awarded to Manito Construction in the amount of $206,500. He stated that Manito Construction's bid represented the lowest overall cost and is in the best interest of the District. The company will work from the bridge deck, rather than the creek floor, which will make the permit processes quicker and simpler. Book 59 -Page 58 Board Minutes of July 2, 2009 In response to a question from Member Lucey regarding the legality of selecting a contractor who is not the lowest bidder, District Counsel Kent Alm confirmed that this is in fact permitted in emergency situations such as this. It was moved by Member Menesini and seconded by President Nejedly to continue the authorization for emergency repairs under Public Contract Code 22050(b). Motion passed by unanimous vote of the Board. 10. SUGGESTIONS FOR FUTURE AGENDA ITEMS None. 11. CLOSED SESSION The Board recessed at 2:50 p.m. to reconvene in the Caucus Room in closed session regarding: a. Conference with labor negotiators pursuant to Government Code Section 54957.6: District Negotiators: Labor Counsel Allison Woodall, Esq.; Director of Administration Randall Musgraves. Employee Organizations: Employees' Association, Public Employees' Union, Local One. b. Conference with Legal Counsel -existing litigation pursuant to Government Code Section 54956.9(a): • Matthew Parkinen v. Central Contra Costa Sanitary District, Contra Costa County Superior Court Case No. C09-01511. c. Personnel Matters Pursuant to Government Code Section 54957 -Performance Evaluation for General Manager. The Board recessed at 3:21 p.m. to reconvene in the Board Room in open session for the remainder of the agenda. 12. REPORT OUT OF CLOSED SESSION No reports. Book 59 -Page 59 Board Minutes of July 2, 2009 13. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned , the meeting at 3:23 p.m. ,r -~ - G ~~ ~./ J es A. Nejedly President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California ..COUNTERSIGNED: ~~ y'~ Elain? R. Boehme Secretary of the Central Contra Costa 'Sanitary District, County of Contra Costa, ' State of California Book 59 -Page 60