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HomeMy WebLinkAboutBOARD MINUTES 03-17-111 1 f'. MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MARCH 17, 2011 The Board of Directors of the Central Contra Costa Sanitary District convened in a regular meeting in the Board Room, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on Thursday, March 17, 2011. President Hockett called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: McGill, Nejedly, Williams, Hockett ABSENT: Members: Menesini a. PLEDGE OF ALLEGIANCE TO THE FLAG The Board and staff joined in the Pledge of Allegiance. b. INTRODUCTION OF NEW EMPLOYEE Board Members welcomed newly -hired Shift Supervisor, Starlin Jones. 2. PUBLIC COMMENTS There were no public comments. 3. AWARDS AND COMMENDATION a. RECOGNIZE SAFETY SUGGESTION OF THE YEAR AWARD FOR 2010 RECIPIENT GREG WALKER, MAINTENANCE TECHNICIAN III, MECHANICAL General Manager James Kelly stated that, every year, the District Safety Committee reviews the safety suggestions submitted by employees during the preceding year. The Committee then picks the suggestion it believes offers the best safety enhancement or greatest reduction in workplace hazards. Following a report from Safety and Risk Management Administrator Shari Deutsch, President Hockett presented the award to Greg Walker, Maintenance Technician III, Mechanical, from the Plant Operations Department, in recognition of his suggestion to Book 60 — Page 255 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of March 17, 2011 create a guard or restraint to prevent anyone from falling onto the pug mill conveyor screw while it is being cleaned. 4. CONSENT CALENDAR It was moved by Member McGill and seconded by Member Williams to adopt the Consent Calendar as recommended. Motion passed by the following vote of the Board: AYES: Members: McGill, Nejedly, Williams, Hockett NOES: Members: None ABSENT: Members: Menesini Approve expenditures dated March 17, 2011. Approval recommended by Budget and Finance Committee. b. Accept the 2010 Annual Report of the Deferred Compensation Plan Advisory Committee. Approval recommended by Budget and Finance Committee. C. Authorize the General Manager to execute two professional engineering services agreements, not to exceed $120,000 each, with Harvest Technical Services, Inc. and JN Engineering to provide relief inspectors for the 2011 -12 construction of capital improvement projects. ' d. Authorize the General Manager to execute an extension of up to six months, from April 1, 2011 through September 30, 2011, to the permit contract with Acme Fill Corporation for discharge of treated landfill leachate. None. Authorize initiating the formation of a Contractual Assessment District (CAD) for the installation of sewer improvements to serve properties on St. Mary's Road in Lafayette by adopting two resolutions as follows: Resolution of Intention 2011 -008 to create the St. Mary's CAD No. 2011 -1 for the purpose of installing sewer improvements, and Resolution 2011 -009 approving the boundary map for said CAD. 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Book 60 — Page 256 ll CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of March 17, 2011 6. REPORTS ' a. GENERAL MANAGER 1) Update on Collection System Operations Facility, District Project 8208 Senior Engineer Alex Rozul presented photographs indicating that much progress has-been made on the roof and the mechanical, electrical and plumbing work inside the building. The focus continues to be on the building; however, recent wet weather has required staff to pay close attention to maintaining stormwater best management practices (BMPs) to stay in compliance with the District's stormwater Pollution Prevention Plan. The exterior of the building is roughly 50- 55 percent complete. Representatives from the City of Walnut Creek have visited the site regularly during the rainy season. They have commended staff on the cleanliness of the site and used it as an example to show other contractors in the area how to properly implement stormwater BMPs. 2) Contra Costa County Employees' Retirement Association ( CCCERA) update General Manager James Kelly referred to the memorandum in the agenda packet concerning the March 9, 2011 CCCERA Board meeting. No questions were ' posed by the Board. 3) Status report on Senate Bill 27 and Assembly Bill 340, Elimination of Pension Spiking Director of Administration Randall Musgraves explained that the two bills are very similar to those written last year by the same authors addressing the elimination of spiking and other pension enhancements. SB 27 has been modified to deal primarily with the school system in California and AB 340 deals with CalPERS, STRS and the County retirement systems. SB 27 has a proposed effective date of July 1, 2012 and AB 340 has a proposed effective date of July 1, 2011. A 180 - day prohibition against working for a public agency within 30 days after retirement is proposed in both SB 27 and AB 340, with effective dates of January 1, 2013 and January 1, 2012, respectively. In response to a question from President Hockett, Mr. Musgraves said the bills do not specify if the employment prohibition would apply to an employee who has retired but not yet begun drawing retirement benefits. 4) Announcements The following written announcements were included with the agenda packet: Book 60 — Page 257 03 A CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of March 17. 2011 a) Right -of -Way Agent Lisa Robertson's Attendance at International Right -of- Way Association's (IRWA) Young Professional Group Symposium in Las ' Vegas, Nevada from March 30 through April 1, 2011 b) Presentation to Lafayette and Moraga on Refinery Project and Recycled Water Program C) Advertisement of District Project 7247, Treatment Plant Protective Coatings (Phase 4) on March 18 and 23, 2011 d) Advertisement of District Project 5994, Lafayette Pleasant Hill Road Trunk Sewer on March 18 and 25, 2011 General Manager James Kelly announced that new advertisement dates for this project will be March 22 and 29, 2011. e) Mobile Household Hazardous Waste Collection Event in San Ramon The following additional written announcements were made at the meeting: f) Bureau of Labor Statistics released Consumer Price Index Percentage for May 2011 - District employee pay raises (2 percent) g) New and upcoming legislation relating to household hazardous wastes I regarding batteries COUNSEL FOR THE DISTRICT 1) Follow -up to letter requesting meeting with CCCERA Board District Counsel Kent Alm said he understands that the Chair of the CCCERA Board has received the District's March 4, 2011 letter and is still deciding how to proceed. Mr. Musgraves added that the CCCERA Board has not yet received the District's letter from the Chairperson. SECRETARY OF THE DISTRICT No reports. d. BOARD MEMBERS 1) Board Member reports on recent meetings for which they received the stipend and meetings or conferences for which the District paid their expenses; future meetings or conferences for which they will receive the stipend or for which the District will pay their expenses Book 60 — Page 258 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of March 17, 2011 Member McGill ' Member McGill reported on the March 3, 2011 Contra Costa Mayors' Conference hosted by the City of Concord on the "New Normal" (in terms of funding) in Local Government Finance, and the March 11, 2011 Contra Costa Council Luncheon on the topic "Sacramento update" presented by Assemblymember Joan Buchanan. Member Neiedly Member Nejedly and President Hockett reported on the March 10, 2011 Budget and Finance Committee meeting and summarized the Action Summary. With regard to the Pleasant Hill restaurant owner who is substantially delinquent on capacity use payments, Member Nejedly pointed out that the Committee directed staff to commence due process by scheduling a hearing on the delinquency with possible Board actions being (1) placement of the delinquent charges on the Fiscal Year 2011 -12 tax roll, and /or (2) termination of sewer service. The Committee also directed staff to contact the County Health Department and the City of Pleasant Hill's Business License administrator to report the lack of compliance and possible termination of service. President Hockett ' President Hockett and Member Nejedly reported on the March 9, 2011 Human Resources Committee meeting and summarized the Action Summary. The Board received the report without comment. President Hockett also reported on the Contra Costa Council Luncheon she attended on March 11, 2011 on the topic "Sacramento Update" presented by Assemblymember Joan Buchanan. President Hockett reported on the California Association of Sanitation Agencies (CASA) Legislative Conference that she and Member Williams attended in Washington, D.C. from March 14 -16, 2011. With regard to the Budget and Finance Committee action summary item regarding the Contra Costa Special Districts Association ( CCSDA) 20th anniversary celebration dinner scheduled for April 11, 2011, Member McGill asked if the District would cover the cost of dinner tickets for Board members to attend. He said it was his understanding that there would be a speaker as well as a quarterly meeting as part of the program. Member Williams acknowledged that he would be attending the event as District representative. He and President Hockett affirmed that expense reimbursement is not warranted for purely social events; however, in this case, Member Williams said if the event will include a business meeting where he may be expected to act on behalf of the District, he believes there may be justification for expense reimbursement. General Manager James Kelly said the Budget and Finance Committee reviewed the CCSDA request for Book 60 — Page 259 a. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of March 17, 2011 both monetary and clerical assistance from its member districts and recommended providing clerical assistance only. 2) Announcements Member McGill provided a written report covering Announcements. In addition, Member Williams announced that he would be asking Secretary of the District Elaine Boehme to put on the agenda for the next Board meeting a proposed resolution nominating him to fill the vacant CCSDA Member -at -Large seat. 7. ADMINISTRATIVE ADOPT RESOLUTION 2011 -007 AND POLICY FOR ACCEPTING PROPOSITION 218 NOTICE PROTESTS District Counsel Kent Alm said the proposed policy for accepting Proposition 218 notice protests is intended to clarify the process. He said the policy presented in the agenda packet is essentially the same in terms of substance as that presented at the last Board meeting. It was moved by Member Nejedly and seconded by Member Williams to adopt Resolution 2011 -007 and policy for accepting Proposition 218 notice protests. Motion passed by the following vote of the Board: AYES: Members: McGill, Nejedly, Williams, Hockett NOES: Members: None ABSENT: Members: Menesini AUTHORIZE THE SECRETARY OF THE DISTRICT TO PROVIDE PUBLIC NOTICE OF PROPOSED SEWER SERVICE CHARGE RATE INCREASES OF UP TO $30 FOR FISCAL YEAR 2011 -2012 EFFECTIVE JULY 1 2011 AND UP TO AN ADDITIONAL $30 FOR FISCAL YEAR 2012 -2013 EFFECTIVE JULY 1 2012 General Manager James Kelly distributed a revised draft of the Proposition 218 notice that incorporated the Board's direction that the language be as transparent and comprehensible as possible. He then commented that while this Proposition 218 Notice will suffice for two years if rate increases of up to $30 in each of the next two fiscal years are adequate, if property tax revenue were to be curtailed, it is conceivable that staff may have to come back with another Proposition 218 notice seeking a much more sizeable rate increase to replace property tax revenue. It was moved by Member Nejedly and seconded by Member Williams to authorize the Secretary of the District to provide public notice of proposed Sewer Service Charge rate increases of up to $30 for Fiscal Year 2011 -2012, effective July 1, 2011, and up to an additional $30 for Fiscal Year 2012 -2013, effective July 1, 2012. Motion passed by the following vote of the Board: Book 60 — Page 260 r7 L] CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of March 17. 2011 AYES: Members: McGill, Nejedly, Williams, Hockett ' NOES: Members: None ABSENT: Members: Menesini 8. ENGINEERING a. SUSPEND APPLICATION OF THE DISTRICT CODE AS PERMITTED BY SECTION 1.24.010 AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH SENRO SUSHI LOCATED AT 2475 SAN RAMON VALLEY BOULEVARD IN SAN RAMON FOR INSTALLMENT PAYMENTS OVER TWO YEARS OF CAPACITY FEES TOTALING $31.784.78 General Manager James Kelly introduced Principal Engineer Jarred Miyamoto -Mills who reported that tenant improvements for a new restaurant are underway in a shopping center in San Ramon. Previous capacity fees were calculated using the delicatessen rate; however, the new business, Senro Sushi, fits the District's definition of a restaurant and additional capacity fees of approximately $32,000 are now owed. The business owners have requested a two -year unsecured installment payment agreement to allow them to deal with this additional startup cost. The matter was brought before the Budget and Finance Committee and the Committee recommended Board approval. Mr. Alm noted that the Board's decision to approve or disapprove this request is one of policy. In the event of default, any remedy against the property owner is unlikely since the installment payment agreement is unsecured; however, a lien could be placed against the business owners' personal residence. Member McGill asked how this situation differed from that discussed earlier with regard to the Pleasant Hill restaurant owner who is delinquent on his capacity use payments. Mr. Alm said in this instance the District is dealing with the business owners, not the property owner. Member Nejedly pointed out that the San Ramon business owners approached the District seeking a solution to their problem, and it has been the District's policy to develop a strategy for payment whenever possible. Mr. Alm noted that the District has the ability to place delinquent charges on the business owners' personal property tax bill. President Hockett said it would be helpful when presenting this type of matter to the Board in the future if a chronology was included in the agenda packet indicating what steps have led to this point and what steps would be taken in the event of default. It was moved by Member Nejedly and seconded by Member Williams to suspend application of the District Code as permitted by Section 1.24.010 and authorize the General Manager to execute an agreement with Senro Sushi located at 2475 San Ramon Valley Boulevard in San Ramon for installment payments over two years of capacity fees totaling $31,784.78. Motion passed by the following vote of the Board: Book 60 — Page 261 None. None. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of March 17, 2011 AYES: Members: McGill, Nejedly, Williams, Hockett NOES: Members: None ABSENT: Members: Menesini 9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 10. SUGGESTIONS FOR FUTURE AGENDA ITEMS 11. CLOSED SESSION The Board recessed at 3:01 p.m. to reconvene in the Caucus Room in closed session to confer with Legal Counsel regarding the following matters: Conference with labor negotiators pursuant to Government Code Section 54957.6: District Negotiators: General Manager James Kelly, Director of Administration , Randall Musgraves, and Secretary of the District Elaine Boehme. Employee Organizations: Employees' Association, Public Employees' Union, Local One; and CCCSD Management Support/Confidential Group (MS /CG). b. Conference with Legal Counsel — Anticipated Litigation — significant exposure to litigation pursuant to Government Code Section 54956.9(b). One potential case — 3320 Woodview Court in Lafayette. C. Conference with Legal Counsel — Anticipated Litigation — significant exposure to litigation pursuant to Government Code Section 54956.9(b). • One potential case — Gregory Village Partners. The Board recessed at 3:25 p.m. to reconvene in the Board Room in open session. 12. REPORT OUT OF CLOSED SESSION District Counsel Kent Alm reported that the Board approved staffs recommendation regarding the response to the MS /CG Step 2 grievance. Book 60 — Page 262 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of March 17, 2011 ' 13. ADJOURNMENT There being no further business to come before the Board, President Hockett adjourned the meeting at 3:27 p.m. r 1 �J arbara D. Hockett President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: -�_Elaine'R', °Boehme, CMC Secret -iry=of the - Central Contra Costa _ San_tary bistrict, County of Contra Costa, State of Cailfornia Book 60 — Page 263