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Home My WebLink About00 AGENDA 05-05-11Jl Central Contra Costa Sanitary District BOARD MEETING AGENDA Board Room Thursday May 5, 2011 2:00 p.m. INFORMATION FOR THE PUBLIC r ��►:i�z�j #�r. -►x"r 0121 BARBARA D. HOCKETT President JAMES A. NEJEDLY President Pro Tem MICHAEL R. McGILL MARIO M. MENESINI DAVID R. WILLIAMS PHONE: (925) 228 -9500 FAX: (925) 676 -7211 www.centralsan.org 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 Desk, 5019 Imhoff Place, Martinez. Not every agenda item is accompanied by written supporting material. Reports and 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 Desk. 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 state 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. 0 Recycled Paper May 5, 2011 Board Agenda Page 2 1. ROLL CALL a. Pledge of Allegiance to the Flag. b. Introduction of the following new employee: • Administrative Services Supervisor — Collection System Operations, Susan Jocovic. (2 minute staff presentation.) Staff Recommendation: Welcome new employee(s). President Hockett will present the District pin. 2. PUBLIC COMMENTS 3. CONSENT CALENDAR Staff Recommendation (Motion Required): Adopt the Consent Calendar as recommended. a. Approve minutes of April 7, 2011 Board meeting. b. Approve expenditures dated May 5, 2011. Reviewed by Budget and Finance Committee. C. Receive March 2011 Financial Statements and Investment Reports. Reviewed by Budget and Finance Committee. d. Set June 2, 2011 at 2:00 p.m. as the date and time for a public hearing to consider the draft Fiscal Year 2011 -12 Capital Improvement Budget (CIB) and Ten -Year Capital Improvement Plan (CIP). e. Set June 2, 2011 at 2 :00 p.m. as the date and time for a public hearing to consider: 1) Adopting the following budgets for Fiscal Year 2011 -12: • Operations and Maintenance Budget, • Debt Service Fund Budget, and • Self- Insurance Fund Budget; 2) Establishing Sewer Service Charge rates for Fiscal Years 2011 -12 and 2012 -13; and 3) Directing that the Fiscal Year 2011 -12 Sewer Service Charges be placed on the Contra Costa County tax roll for collection. May 5, 2011 Board Agenda Page 3 Authorize the General Manager to renew the Pollution Prevention Service Agreement with Mt. View Sanitary District (MVSD) to provide source control inspections and prepare MVSD's Pollution Prevention Annual Report for a period of two years, through June 30, 2013, with an option to extend the agreement for an additional two years. g. Authorize the General Manager to extend the existing professional services agreement with Federal Advocates for lobbying services for federal funding for the Contra Costa County Refinery Recycled Water project for a period of 12 months, through May 31, 2012, at a cost of $5,000 per month, increasing the cost ceiling from $33,000 to $93,000. h. Deny claim from National Subrogation Services on behalf of Fireman's Fund Insurance Company seeking recovery of $12,632.31 paid in conjunction with a sewage overflow in Diablo on February 20, 2011. Recommended by Budget and Finance Committee. 4. PUBLIC HEARINGS a. Conduct public hearings on the following matters (10 minute staff presentation): 1) Consider adopting Uncodified Ordinance No. 264 to replace the "Schedule of Environmental and Development - Related Rates and Charges" adopted pursuant to Ordinance No. 259 in accordance with District Code Chapter 6.30. Approval recommended by Budget and Finance Committee. Data is available, as required by Government Code Title 7, Division 1, Chapter 8, Section 66016. If you have questions, please contact Jarred Miyamoto- Mills, Principal Engineer, at (925) 229 -7335: Staff Recommendation (Motion and 4 Affirmative Votes Required): Adopt Uncodified Ordinance No. 264 and necessary findings, to replace the "Schedule of Environmental and Development - Related Rates and Charges" adopted pursuant to Ordinance No. 259 in accordance with District Code Chapter 6.30. 2) Consider adopting Uncodified Ordinance No. 265 to replace the "Schedule of Capacity Fees, Rates and Charges" adopted pursuant to Ordinance No. 258 in accordance with District Code Chapter 6.12. Approval recommended by Budget and Finance Committee. Data is available, as required by Government Code Title 7, Division 1, Chapter 8, Section 66016. If you have questions, please contact Jarred Miyamoto - Mills, Principal Engineer, at (925) 229 -7335: Staff Recommendation (Motion and 4 Affirmative Votes Required): Adopt Uncodified Ordinance No. 265 and necessary findings, to replace the "Schedule of Capacity Fees Rates and Charges" adopted May 5, 2011 Board Agenda Page 4 pursuant to Ordinance No. 258 in accordance with District Code Chapter 6.12. 3) Consider adopting Resolution 2011 -014 directing that the following items for Fiscal Year 2011 -12 be placed on the Contra Costa County tax roll for collection: • Capacity Use Charges, and • Assessments for: • Contractual Assessment Districts (CADs), • Alhambra Valley Assessment Districts (AVADs), and • Fee Deferrals. Staff Recommendation (Motion and 4 Affirmative Votes Required): Adopt Resolution 2011 -014 directing that the Fiscal Year 2011 -12 Capacity Use Charges, Assessments for CADs, Assessments for AVADs, and Assessments for Fee Deferrals be placed on the Contra Costa County tax roll for collection. 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER 6. BIDS AND AWARDS a. Award a construction contract in the amount of $1,729,650 to Mountain Cascade, Inc., the lowest responsive bidder for the Lafayette /Pleasant Hill Road Trunk Sewer, District Project 5994; find that the project is exempt from California Environmental Quality Act (CEQA); and authorize the General Manager to execute the contract documents subject to submittal requirements. (No presentation is planned; staff will be available to answer questions.) Staff Recommendation (Motion Required): Find that the project is exempt from CEQA; award construction contract to Mountain Cascade, Inc.; and authorize the General Manager to execute contract documents subject to submittal requirements. b. Award a construction contract in the amount of $543,000 to Euro Style Management, Inc., the lowest responsive bidder for construction of the Treatment Plant Protective Coatings, Phase 4, District Project 7247; find that the project is exempt from California Environmental Quality Act (CEQA); and authorize the General Manager to execute the contract documents subject to submittal requirements. (No presentation is planned; staff will be available to answer questions.) Staff Recommendation (Motion Required): Find that the project is exempt from CEQA; award construction contract to Euro Style Management, Inc.; and authorize the General Manager to execute contract documents subject to submittal requirements. May 5, 2011 Board Agenda Page 5 7. REPORTS a. General Manager 1) Update on Collection System Operations Facility, District Project 8208. (5 minute staff presentation.) Staff Recommendation: Receive the report. 2) Announcements Staff Recommendation: Receive the announcements. b. Counsel for the District 1) Report on voluntary default of NCCI, Inc., contractor for the Treatment Plant Piping Renovations (Phase 5), District Project 7276. (No presentation is planned; District Counsel will be available to answer questions.) Staff Recommendation: Receive the report. C. Secretary of the District 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 Menesini Member Williams Member McGill • April 27 -30, 2011 — California Association of Sanitation Agencies (CASA) Spring Conference in Sacramento (expenses). Member Nejedly • May 2, 2011 — Budget and Finance Committee meeting — Member Nejedly (stipend) and President Hockett (stipend). May 5, 2011 Board Agenda Page 6 President Hockett • April 27 -30, 2011 — CASA Spring Conference (expenses) and Executive Board Meetings (stipends) in Sacramento. Staff Recommendation: Receive the reports. 2) Consider request by Board Member Nejedly to receive report on Board health benefits. (5 minute staff presentation.) Staff Recommendation: Receive the report and provide direction to staff. 3) Announcements Staff Recommendation: Receive the announcements. BREAK (Approximately 4:00 p.m.) 8. ADMINISTRATIVE a. Consider adopting Teleconferencing Policy. (No presentation is planned; staff will be available to answer questions.) Staff Recommendation (Motion Required): Consider adopting Teleconferencing Policy. 9. CLOSED SESSION a. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): • Gregory Village Partners, L.P. v. Chevron U.S.A., Inc., M.B. Enterprises, and Central Contra Costa Sanitary District, U.S. District Court, Northern District of California, Case No. CV 11 1597 JCS. b. Conference with Legal Counsel - Anticipated Litigation — significant exposure to litigation pursuant to Government Code Section 54956.9(b) - three potential cases: • 3320 Woodview Court, Lafayette • 536 Ward Street, Martinez • Schaeffer claim (Paladin Law Group) C. Conference with labor negotiators pursuant to Government Code Section 54957.6: May 5, 2011 Board Agenda Page 7 District Negotiators: General Manager James Kelly, Director of Administration Randall Musgraves, and Secretary of the District Elaine Boehme. Employee Organizations: (1) Employees' Association, Public Employees' Union, Local #1; (2) Management Support /Confidential Group (MS /CG); and (3) Management Group. 10. REPORT OUT OF CLOSED SESSION 11. ADJOURNMENT May 5, 2011 Board Agenda Page 8 CENTRAL CONTRA COSTA SANITARY DISTRICT BOARD CALENDAR DATEITIME__j MEETING /ATTENDEES LOCATION MAY 2011 Wednesday Human Resources Committee Meeting Third Floor Executive Conference Room May 11 Hockett, Nejedly 3:30 p.m. Thursday Household Hazardous Waste Committee Meeting Third Floor Executive Conference Room May 12 McGill, Menesini 3:00 p.m. Monday Budget and Finance Committee Meeting Third Floor Executive Conference Room May 16 Nejedly, Hockett 3:00 p.m. Thursday Board Meeting Board Room May 19 Board of Directors 2:00 p.m. Wednesday Outreach Committee Meeting Third Floor Executive Conference Room May 25 Menesini, Williams 3:00 p.m. Monday Budget and Finance Committee Meeting Third Floor Executive Conference Room May 31 Nejedly, Hockett 3:00 p.m. JUNE 2011 Thursday Board Meeting Board Room June 2 Board of Directors 2:00 p.m. Monday Budget and Finance Committee Meeting Third Floor Executive Conference Room June 13 Nejedly, Hockett 3:00 p.m. Thursday Board Meeting Board Room June 16 Board of Directors 2:00 p.m. JULY 2011' Tuesday Budget and Finance Committee Meeting Third Floor Executive Conference Room July 5 Nejedly, Hockett 3:00 p.m. Thursday Board Meeting Board Room July 7 Board of Directors 2:00 p.m. Monday Contra Costa Special Districts Association Pleasant Hill Community Center July 18 Meeting 10:00 a.m. Monday Budget and Finance Committee Meeting Third Floor Executive Conference Room July 18 Nejedly, Hockett 3:00 p.m. Thursday Board Meeting Board Room July 21 Board of Directors 2:00 p.m. Unless otherwise noted, all meetings are held at the District Office, 5019 Imhoff Place, Martinez, California. 4/29/11