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HomeMy WebLinkAbout2/5/2009 AGENDAOIL Central Contra Costa Sanitary District BOARD MEETING BOARD OF DIRECTORS: AGENDA JAMES A. NEJEDLY President Room MICHAEL R. McGILL Board Room President Pro Tem Th u rsdav BARBARA D. HoCKETT February 5, 2009 MARIOMEESINI 2:00 p.m INFORMATION FOR THE PUBLIC Anyone wishing to address the Board of Directors should complete a speaker's card and submit it to the Secretary of the District. In addressing the Board, speakers should step to the podium and state their names and address for the record. The Board President may direct questions to any member of the audience as appropriate at any time during the meeting. All matters listed under the CONSENT CALENDAR are considered to be routine by the Board of Directors and will be enacted by one motion. There will be no separate discussion of these items unless requested by a Member of the Board of Directors or the public prior to the time the Board votes on the motion to adopt. ADDRESSING THE BOARD ON AN ITEM ON THE AGENDA Persons wishing to speak on PUBLIC HEARINGS and OTHER MATTERS listed on the agenda will be heard when the President calls for comments from the audience, except on public hearing items previously heard and closed to public comment. The President may specify the number of minutes each person will be permitted to speak based on the number of persons wishing to speak and the time available. After the public has commented, the item is closed to further public comment and brought to the Board for discussion and action. There is no further comment permitted from the audience unless invited by the Board. ADDRESSING THE BOARD ON AN ITEM NOT ON THE AGENDA In accordance with state law, the Board is prohibited from discussing items not calendared on the agenda. You may address the Board on any items not listed on the agenda, and which are within their jurisdiction, under PUBLIC COMMENTS. Matters brought up which are not on the agenda may be referred to staff for action or calendared on a future agenda. AGENDA REPORTS Supporting materials on agenda items are available for public review at the Reception, 5019 Imhoff Place, Martinez. Reports of information relating to agenda items distributed within 72 hours of the meeting to a majority of the Board are also available for public inspection at the Reception. During the meeting, information and supporting materials are available in the Board Room. AMERICANS WITH DISABILITIES ACT In accordance with the Americans With Disabilities Act and California Law, it is the policy of the Central Contra Costa Sanitary District to offer its public meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require special accommodations to participate, please contact the Secretary of the District at least 48 hours in advance of the meeting at (925) 229 -7303. February 5, 2009 Board Agenda Page 2 1. ROLL CALL a. Pledge of Allegiance to the Flag. b. Introductions. • Recognize Carl Von Stetten on his promotion to Engineering Support Information Systems Analyst. Staff Recommendation: Recognize promoted employee. 2. PUBLIC COMMENTS 3. AWARDS AND COMMENDATIONS a. Presentation of California Water Environment Association (CWEA) Bay Area Section Awards by Rick Chan, Past CWEA Bay Section President and Current Chair of the Awards Committee. (5 minute presentation.) • Large Treatment Plant of the Year Award • Engineering Achievement Award (A -Line Project) • Research Achievement Award (Air Renovation Project) • Plant Operator Training Program Award Staff Recommendation: Rick Chan, Past CWEA Bay Section President and Current Chair of the Awards Committee, will present the awards to the Board. 4. CONSENT CALENDAR Staff Recommendation (Motion Required): Adopt the Consent Calendar as recommended. a. Approve expenditures dated February 5, 2009. Reviewed by Budget and Finance Committee. b. Approve minutes of December 18, 2008 and January 15, 2009 Board meetings. C. Authorize the General Manager to execute a Pipeline Transfer Agreement and Bill of Sale for $1 with Tesoro Refining and Marketing Company for the sale of approximately 526 feet of abandoned M4 -A force main. February 5, 2009 Board Agenda Page 3 d. Approve attendance of General Manager James M. Kelly at Water and Wastewater Academy Leadership training at the University of North Carolina at Chapel Hill, North Carolina, from March 8 -20, 2009. e. Adopt a resolution accepting a grant of easement from Firas Jandali, and Ameena Kamal Jandali, and Elizabeth A. Shebesta (District Job 4950B - Parcel 1), and authorize staff to record the document with the Contra Costa County Recorder. Adopt a resolution accepting grants of easements from property owners in the Ulfinian Way neighborhood, Martinez (District Project 5975 - Parcels 4, 6 & 7), and authorize staff to record the document with the Contra Costa County Recorder. g. Authorize the General Manager to execute an agreement with Contra Costa Water District to continue to provide operation and maintenance services for the recycled water distribution system for one year with an option to extend the agreement for up to three one -year periods. Approval recommended by Recycled Water Committee. h. Authorize the General Manager to execute an amendment to the Professional Engineering Services Agreement with Valley Engineering Group in the amount of $50,000 to provide relief inspectors and surveyors on an as- needed basis for the conclusion of the construction of the District's 2008 -09 Capital Improvement Projects. 5. HEARINGS a. Conduct a public hearing to consider amending District Code Title 2, Administration, Section 2.04.030, Compensation of Board Members. (No presentation is planned; staff will be available to answer questions.) Staff Recommendation (Motion Required): Determine whether or not the Board wishes to change the Board Member compensation, and by what amount. If an amendment to the compensation is desired, adopt an ordinance amending the Board Member compensation by an amount up to 10 percent, to be effective April 6, 2009. 6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER 7. REPORTS February 5, 2009 Board Agenda Page 4 a. General Manager 1) Businesses in Significant Non - Compliance for 2008. (5 minute staff presentation.) Staff Recommendation: Receive the report. 2) Rates, charges, and fees. (10 minute staff presentation.) Staff Recommendation: Provide input to staff. 3) Announcements Staff Recommendation: Receive the announcements. b. Counsel for the District C. Secretary of the District C•�:=TTI►TiCai'�1.•T -i 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. 2) Board Member reports on recent meetings for which they received the stipend. a) January 23, 2009 Friends of the San Francisco Estuary meeting - Member Menesini. b) January 2009 California Association of Sanitation Agencies (CASA) Executive Board meetings - Member Hockett. c) January 26, 2009 California Special Districts Association, Contra Costa County Chapter meeting - Member Hockett. d) February 2, 2009 Budget and Finance Committee meeting - Member Lucey and President Nejedly. e) February 4, 2009 Human Resources Committee meeting - Members Hockett and Lucey. Staff Recommendation: Receive the reports. February 5, 2009 Board Agenda Page 5 3) Board Member reports on recent meetings or conferences for which the District paid their expenses. a) January 21 -24, 2009 California Association of Sanitation Agencies (CASA) Conference - Members Hockett and McGill. b) January 27, 2009 Walnut Creek State of the City Lunch - Member McGill. c) January 29, 2009 Contra Costa USA - Sponsored by Contra Costa Council - Members Hockett and McGill. Staff Recommendation: Receive the reports. 4) Announcements Staff Recommendation: Receive the announcements. BREAK: (Approximately 4 p.m.) 8. TREATMENT PLANT a. Authorize the General Manager to pre - purchase natural gas through a service agreement with Shell Energy North America, LP for the period of January 1, 2010 through December 31, 2012 at a price not to exceed $9 per decatherm. Reviewed by Budget and Finance Committee. (5 minute staff presentation.) Staff Recommendation (Motion Required): Authorize the General Manager to pre - purchase natural gas through a service agreement with Shell Energy North America, LP for the period of January 1, 2010 through December 31, 2012 at a price not to exceed $9 per decatherm. 9. COLLECTION SYSTEM a. Acceptance of the 2008 Collection System Sanitary Sewer Overflow Annual Report. (10 minute staff presentation.) Staff Recommendation (Motion Required): Accept the 2008 Collection System Sanitary Sewer Overflow Annual Report. 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 11. ANNOUNCEMENTS /SUGGESTIONS FOR FUTURE AGENDA ITEMS February 5, 2009 Board Agenda Page 6 12. CLOSED SESSION a. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9 (a): • CCCSD, Plaintiff; vs. Gus Kramer, et al., Defendants; Case No. C07- 02402. • Daniel and Eileen Scanlon v. Kandi Kaufman, et al; Lorraine Kaufman v. Daniel Scanlon, et al - Cross - Complaint - Contra Costa County Superior Court Case No. C06- 01976. • Central Contra Costa Sanitary District v. KB Homes - Contra Costa County Superior Court Case No. CIVMSC08- 02892. b. Conference with Legal Counsel regarding anticipated litigation - initiation of litigation pursuant to Government Code Section 54956.9 (c). • One potential case. Talada and LaBella v. City of Martinez, et al. C. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8: Property: APN 380 - 030 -034, Henry's Wood Farm District Negotiators: Randy Musgraves and District Counsel Kent Alm; Negotiating Parties: Norma L. Henry and James H. Vernon; Under Negotiation: Price and Terms of Payment. d. Conference with labor negotiators pursuant to Government Code Section 54957.6: District Negotiators: Labor Counsel Allison Woodall, Esq.; Director of Administration Randall Musgraves, Human Resources Manager Cathryn Freitas, Secretary of the District Elaine Boehme Employee Organizations: Employees' Association, Public Employees' Union, Local One; CCCSD Management Support /Confidential Group (MS /CG); CCCSD Management Group. 13. REPORT OUT OF CLOSED SESSION 14. ADJOURNMENT February 5, 2009 Board Agenda Page 7 CENTRAL CONTRA COSTA SANITARY DISTRICT BOARD CALENDAR DATE /TIME MEETING /ATTENDEES LOCATION FEBRUARY 2009 Monday Budget and Finance Committee Meeting Third Floor Executive Conference Room February 2 Lucey, Nejedly 3:00 p.m. Wednesday Human Resources Committee Meeting Third Floor Executive Conference Room February 4 Hockett, Lucey 3:00 p.m. Thursday Board Meeting Board Room February 5 Board of Directors 2:00 p.m. Tuesday Recycled Water Committee Meeting Third Floor Executive Conference Room February 10 Hockett, McGill 3:00 p.m. Wednesday Household Hazardous Waste Committee Meeting Third Floor Executive Conference Room February 11 Menesini, Nejedly 3:00 p.m. Tuesday Budget and Finance Committee Meeting Third Floor Executive Conference Room February 17 Lucey, Nejedly 3:00 p.m. Thursday Board Meeting Board Room February 19 Board of Directors 2:00 p.m. Tuesday Outreach Committee Meeting Third Floor Executive Conference Room February 24 Hockett, McGill 3:00 p.m. Thursday Human Resources Committee Meeting Third Floor Executive Conference Room February 26 Hockett, Lucey 3:00 p.m. MARCH 2009 Monday Budget and Finance Committee Meeting Third Floor Executive Conference Room March 2 Lucey, Nejedly 3:00 p.m. Tuesday Recycled Water Committee Meeting Shell Refinery, Martinez March 3 Hockett, McGill 9:00 a.m. Thursday Board Meeting Board Room March 5 Board of Directors 2:00 p.m. Monday Budget and Finance Committee Meeting Third Floor Executive Conference Room March 16 Lucey, Nejedly 3:00 p.m. Wednesday Capital Projects Committee Third Floor Executive Conference Room March 18 McGill, Lucey 3:00 p.m. Thursday Board Meeting Board Room March 19 Board of Directors 2:00 p.m. Monday Budget and Finance Committee Meeting Third Floor Executive Conference Room March 30 Lucey, Nejedly 3:00 p.m. Unless otherwise noted, all meetings are held at the District Office, 5019 Imhoff Place, Martinez, California. 1/28/09