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HomeMy WebLinkAboutBOARD MINUTES 04-01-10MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON APRIL 1, 2010 The Board of Directors of the Central Contra Costa Sanitary District convened in a regular meeting at their regular place of business, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on Thursday, April 1, 2010. President McGill called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Hockett, Lucey, Menesini, Nejedly, McGill ABSENT: Members: None a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance. 2. PUBLIC COMMENTS There were no public comments. 3. 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. a. Approve expenditures dated April 1, 2010. Reviewed by Budget and Finance Committee. b. Receive February, 2010 Financial Statements. Reviewed by Budget and Finance Committee. c. Approve minutes of March 4, 2010 Board meeting. d. Adopt Resolution 2010-013 accepting a grant of easement from property owners in the Moraga Del Rey neighborhood, Orinda (District Project 5950 -Parcels 6, 12, 19, 22, 24 and 29), and authorize staff to record documents with the Contra Costa County Recorder. Book 60 -Page 20 Board Minutes of April 1, 2010 e. Adopt Resolution 2010-014 accepting an offer of dedication from David G. Humphrey and Susan R. Humphrey for an easement in the unincorporated area of Alamo, Job 5435, Parcel 3, and authorize staff to record documents with the Contra Costa County Recorder. Adopt Resolution 2010-015 accepting an offer of dedication from Andrew Wottrich and Diella Wottrich for an easement in the city of Lafayette, Job 5845, Parcels 2A and 2B, and authorize staff to record documents with the Contra Costa County Recorder. g. Adopt Resolution 2010-016 accepting an offer of dedication from the Protestant Episcopal Bishop of California for an easement in the city of Lafayette, Job 5845, Parcel 3, and authorize staff to record documents with the Contra Costa County Recorder. h. Establish June 3, 2010 at 2:00 p.m. as the date and time for a public hearing to consider placing fiscal year 2010-11 Capacity Use Charges, fiscal year 2010-11 assessments for Contractual Assessment Districts (CADs) and Alhambra Valley Assessment Districts (AVADs), and the fiscal year 2009-10 delinquent charges on the Contra Costa County tax roll. Accept the contract work for Northern Pumping Station Upgrades, District Project 5971, completed by California Trenchless, Inc., and authorize filing of the Notice of Completion. Accept the contract work for Lafayette Sewer Renovations, Phase 6, District Project 5958, completed by Precision Engineering, Inc., and authorize filing of the Notice of Completion. k. Advise the Board of the closeout of Lafayette Sewer Renovations, Phase 5, District Project 5977. Authorize hiring of 36 students for seasonal employment for Fiscal Year 2010- 2011. Approval recommended by Human Resources Committee. m. Accept the financial status and budget of the Self-Insurance Fund and approve allocation of $850,000 to the fund for inclusion in the fiscal year 2010-2011 Operations and Maintenance Budget. Reviewed by Budget and Finance Committee. n. Authorize the General Manager to execute a contract in the amount of $156,078 with Perkin Elmer Health Sciences Inc. for the purchase and implementation of a new Laboratory Information Management System (LIMB). Reviewed by Capital Projects Committee. Book 60 -Page 21 Board Minutes of April 1, 2010 4. HEARINGS a. CONDUCT A HEARING TO CONSIDER RELINQUISHMENT OF DISTRICT SEWER AT 2477 ARNOLD INDUSTRIAL WAY, CONCORD, DISTRICT JOB 3616, PARCEL 1, AND ADOPT RESOLUTIONS ORDERING RELINQUISHMENT OF THE SEWER, AUTHORIZING EXECUTION OF A QUITCLAIM DEED FOR ITS ASSOCIATED EASEMENT TO CENTRAL CONTRA COSTA TRANSIT AUTHORITY, AND AUTHORIZE STAFF TO RECORD DOCUMENTS WITH THE CONTRA COSTA COUNTY RECORDER General Manager James Kelly stated that staff has determined that the sewer at 2477 Arnold Industrial Way, in unincorporated Concord, should be relinquished to the owners for ownership and maintenance responsibility. The property owners, Central Contra Costa Transit Authority, have constructed improvements within the easement for this sewer and may propose others in the future. Relinquishing this sewer will provide the owner the flexibility to develop their land and will relieve the District of maintenance responsibilities. This sewer only serves the Transit Authority land. The hearing was opened and closed without comments. It was moved by Member Menesini and seconded by Member Hockett to adopt Resolution 2010-017 ordering relinquishment of the District sewer at 2477 Arnold Industrial Way, Concord, District Job 3616, Parcel 1, and to adopt Resolution 2010-018 ordering relinquishment of the sewer, authorizing execution of a quitclaim deed for its associated easement to Central Contra Costa Transit Authority, and to authorize staff to record documents with the Contra Costa County Recorder. Motion passed by unanimous vote of the Board. 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 6. BIDS AND AWARDS a. AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $391,000 TO PACIFIC MECHANICAL CORPORATION, THE LOWEST RESPONSIVE BIDDER FOR SLEEPY HOLLOW PUMPING STATION UPGRADES, DISTRICT PROJECT 5960; FIND THAT THE PROJECT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA); EXECUTE AN AMENDMENT IN THE AMOUNT OF $25,000 TO AN EXISTING PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS INCREASING THE COST CEILING TO $99,891; AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE THE CONTRACT DOCUMENTS SUBJECT TO SUBMITTAL REQUIREMENTS General Manager James Kelly stated that, on March 11, 2010, five bids were opened for the Sleepy Hollow Pumping Station Upgrades. The Engineer's Estimate was $425,000. The bids ranged from $391,000 to $495,500. Pacific Mechanical Book 60 -Page 22 Board Minutes of April 1, 2010 Corporation was the low bidder at $391,000. The improvements include installing new, dedicated water and electrical services. The project also includes replacement of standby generator at Concord Industrial Pumping Station with a unit that meets Air Board requirements, and abandonment of the Bates Avenue Pumping Station. It was moved by Member Nejedly and seconded by Member Hockett to find that the project is exempt from CEQA; to award a construction contract to Pacific Mechanical Corporation; to execute an amendment to an existing professional services agreement; and to authorize the General Manager to execute the contract documents as recommended. Motion passed by unanimous vote of the Board. 7. REPORTS a. GENERAL MANAGER 1) Discussion of options for filling Department Director vacancies General Manager James Kelly stated that, at its March 24, 2010 meeting, the Human Resources Committee discussed his recommendation to fill the two vacancies created by the retirements of Director of Plant Operations Doug Craig and Director of Collection System Operations Bill Brennan. The Committee recommended that the full Board provide comments on the recommendation. Human Resources Committee Chair Jerry Lucey stated that the Committee was split on its recommendation. Chair Lucey suggested that, while he concurred with filling the Director of Plant Operations vacancy with another Department Director, the Director of CSO position could be filled with a Division Manager rather than another Department Director. The Division Manager would report directly to the General Manager. Committee Member Menesini stated that he concurred with the General Manager's recommendation to fill both vacancies with new Department Directors and continue the prior organizational structure. Members Hockett and Nejedly and President McGill concurred with Member Menesini, supporting the General Manager's recommendation to fill both vacancies with Department Directors. Mr. Kelly thanked the Board for their comments. He noted that he intends to utilize the services of Executive Recruiter Bob Murray to do an extensive recruitment for both positions. The Board concurred. 2) General Manager James Kelly announced that, on March 18, 2010, Senior Engineer Ba Than was notified that he was selected as California Water Environment Association's (CWEA) 2009 recipient of the statewide "Supervisor of the Year Award." Earlier this year, he received the Supervisor of the Year Award for the CWEA Bay Section. The award will Book 60 -Page 23 Board Minutes of April 1, 2010 be presented to Mr. Than at CWEA's 82nd Annual Conference to be held at the Sacramento Convention Center from April 20-23, 2010. 3) General Manager James Kelly announced that Environmental Compliance Superintendent Tim Potter will be attending the National Association of Clean Water Agencies' 2010 National Pretreatment and Pollution Prevention Workshop in Phoenix, Arizona from May 19-21, 2010. Mr. Potter has been asked to give a presentation on pretreatment issues associated with stormwater diversions; a subject about which he has significant knowledge as a result of his efforts to track and comment on the recently adopted stormwater Municipal Regional Permit. The conference will cover significant pretreatment and pollution prevention issues that the District needs to address (e.g. fats, oils and grease; contaminants of emerging concern; and hauled waste). This conference is included in the Source Control training budget for fiscal year 2009-10. 4) General Manager James Kelly announced that John Muir Hospital is nearing the completion of their main hospital remodel and the new buildings have been connected to the District's system which has added a capacity of 126 Residential Unit Equivalents (RUEs). John Muir Hospital has indicated that they will be paying their Capacity Fees in June of this fiscal year. This will mean that the District will see an additional $670,000 in capacity fee revenue this fiscal year instead of next fiscal year as anticipated. As a result, the capacity fee revenue is projected to be approximately $250,000 greater than budgeted this fiscal year. 5) General Manager James Kelly announced that, on March 25, 2010, the District purchased another third of the Treatment Plant natural gas for January through December 2011 at the Pacific Gas and Electric Citygate price of $5.79 per decatherm (dth). Natural gas prices have continued to drop. As winter heating declines, gas storage is above average and energy usage is reduced since the economy is stagnant. The District's consultant, Valtech Energy Systems, has indicated prices may start to recover as summer approaches and hurricane season impacts off-shore production. 6) General Manager James Kelly announced that, on March 31, 2010, the Contra Costa Water District (CCWD) Board of Directors adopted a resolution certifying the Environmental Impact Report (EIR) for the Los Vaqueros Reservoir Expansion Project, adopting the California Environmental Quality Act (CEQA) findings and mitigation measures and approving the 160 thousand acre-foot expansion project alternative (Alternative 4). This alternative has the primary benefit of improving water supply reliability for CCWD rate payers. CCWD's response to staff's comments regarding recycled water noted that the cost of this expansion Book 60 -Page 24 Board Minutes of April 1, 2010 is of a similar magnitude to the cost of the refinery recycled water project, and it has many more reliability benefits for CCWD ratepayers. The approved project does not include any outside partners and is significantly smaller than the 275 acre-foot expansion considered in Alternatives 1-3. The larger alternative would require outside partners and could be considered in the future, as the 160 thousand acre-foot expansion will be constructed to allow for a future expansion to 275 thousand acre-feet should outside partners come to the table. b. COUNSEL FOR THE DISTRICT District Counsel Kent Alm reported on a recent decision from the State Commission on Mandates regarding costs incurred due to new National Pollutant Discharge Elimination System (NPDES) provisions for municipal storm water control in San Diego. The NPDES requirement was found to be an unfunded mandate. This could have far reaching state-wide effects. 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 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 Lucey Members Lucey and Menesini reported on the March 24, 2010 Human Resources Committee meeting and summarized the Action Summary. The Board received the report without comments. Members Lucey and Nejedly reported on the March 31, 2010 Real Estate Committee meeting and summarized the Action Summary. The Board received the report without comments. Member Menesini Members Menesini and Lucey reported on the March 23, 2010 Household Hazardous Waste Committee meeting and summarized the Action Summary. The Board received the report without comments. Book 60 -Page 25 Board Minutes of April 1, 2010 Member Nejedly Members Nejedly and Hockett reported on the March 29, 2010 Budget and Finance Committee meeting and summarized the Action Summary. The Board received the report without comments. President McGill President McGill and Member Menesini reported on the March 25, 2010 Capital Projects Committee meeting and summarized the Action Summary. The Board received the report without comments. President McGill provided a written report on his meeting attendance. 2) Announcements President McGill provided a written report covering Announcements. 8. ADMINISTRATIVE a. CONSIDER RESCINDING THE BOARD ACTION OF MARCH 18, 2010 TO AUTHORIZE PROVIDING PROPOSITION 218 NOTICE OF A SEWER SERVICE CHARGE INCREASE FOR FISCAL YEAR 2010-2011 General Manager James Kelly noted that a Position Paper regarding this matter was in the Board agenda packet. President McGill reiterated his concern at the last Board meeting that a Proposition 218 Notice had been approved, while it appeared there may not be four votes for a sewer service charge rate increase. Member Menesini commented that he had concerns about raising the sewer service charge at this time. Member Hockett stated that, in her opinion, it is better to have more regular, smaller rate increases than large ones more infrequently. She noted that the Board did not approve a rate increase last year. Member Lucey stated that, while he was absent at the last Board meeting, he supports sending out the Proposition 218 Notice, stating that he may support a rate increase of some amount. Member Nejedly concurred with Member Hockett's comments, preferring smaller and more regular increases. There was no motion to rescind the Board action of March 18, 2010 authorizing the sending out of the Proposition 218 Notice. Book 60 -Page 26 Board Minutes of April 1, 2010 9. HUMAN RESOURCES a. CONSIDER APPROVAL OF STAFFING PLAN FOR FISCAL YEAR 2010-2011 General Manager James Kelly stated that the Staffing Plan is presented for consideration by the Board. It was reviewed by the Human Resources Committee, the members of which were split on their recommendation regarding the Administration and Plant Operations Departments' recommendations. The proposed Staffing Plan would decrease annual salary by $22,783. He stated that the Committee was divided on its recommendation to add one Senior Buyer position in Administration; salary range increases for the Building and Grounds Supervisor from S-71 to S-73; for the Laboratory Superintendent from S-82 to S-84; and reclassification of Maintenance Planner Mark Cavallero to Assistant Engineer. Chair Lucey had stated that, while he recognizes the significant contribution made by those employees, now is not the appropriate time to be considering salary increases. Member Menesini supported the recommended salary changes and that they were long overdue. MSCG President Frank Favalora addressed the Board in support of the Staffing Plan and the salary increases contained therein. Committee Chair Lucey and Member Menesini reiterated the reasons for their split recommendation. Member Nejedly concurred with comments made by Committee Chair Lucey, noting that the time to discuss such salary changes is during negotiations. Member Hockett stated that if the scope of the job classification itself has expanded, then a salary range increase is probably warranted. However, if an individual just chooses to perform tasks outside the job classification, then that is a different situation. President McGill concurred with comments made by Member Hockett. He stated that it is a difficult decision, but that he will support the recommendation made by the General Manager. Mr. Favalora again addressed the Board in support of the salary changes. He stated that salary increases for the positions in question were presented during the last negotiations but were not approved. It was moved by Member Menesini and seconded by President McGill to approve the Staffing Plan and salary changes as recommended by the General Manager. Motion passed by the following vote of the Board: Book 60 -Page 27 Board Minutes of April 1, 2010 AYES: Members: Hockett, Menesini, McGill NOES: Members: Lucey, Nejedly ABSTAIN: Members: None 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. None. 11. SUGGESTIONS FOR FUTURE AGENDA ITEMS 12. CLOSED SESSION a. Closed Session -Conference with labor negotiators pursuant to Government Code Section 54957.6: District Negotiators: 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 SupporUConfidential Group (MS/CG); CCCSD Management Group 13. REPORT OUT OF CLOSED SESSION None. 14. ADJOURNMENT There being no further business to come before the Board, President McGill adjourned the meeting at 3:11 p.m. Michael R. COUNTERSIGNED: '~~' Elaine R'. B ~,,cn'`?, . Secretary c State gf~Ca `.. President o~the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California Central Contra Costa County of Contra Costa, is Book 60 -Page 28 _ J