Loading...
HomeMy WebLinkAbout03.a. Approve Minutes of 4-7-11 meetingMINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON APRIL 7, 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, April 7, 2011. President Hockett called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: McGill, Menesini, Nejedly, Williams, Hockett ABSENT: Members: None a. PLEDGE OF ALLEGIANCE TO THE FLAG None. The Board and staff joined in the Pledge of Allegiance. 2. PUBLIC COMMENTS 3. CONSENT CALENDAR It was moved by Member Menesini and seconded by Member Williams to adopt the Consent Calendar as recommended. Motion passed by unanimous vote of the Board. a. Approve minutes of Board meeting held on February 24, 2011. b. Approve expenditures dated April 7, 2011. Reviewed by Budget and Finance Committee. C. Receive February 2011 Financial Statements and Investment Reports. Reviewed by Budget and Finance Committee. d. Accept the financial status and budget of the Self- Insurance Fund and approve allocation for 2011 -12 Operations and Maintenance Budget. Reviewed by Budget and Finance Committee. e. Return claim for damages submitted by Gregory Village Partners, L.P. as untimely. Reviewed by Budget and Finance Committee. Adopt Resolution 2011 -010 accepting grants of easement from John and Juliet Fiero, Azita and Troy Taylor, and Kenneth and Gretchen Lewis, property owners at 51, 47, and CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of April 7, 2011 43 Camino Encinas, Orinda, respectively (South Orinda Sewer Renovations, Phase 5, District Project 5989, Parcels 1 - 3); and adopt Resolution 2011 -011 authorizing the execution of quitclaim deeds for the specified property owners (District Project 1564, Parcels 33 -35) and authorizing staff to record documents with the Contra Costa County Recorder. g. Authorize the General Manager to execute a professional engineering services agreement not to exceed $125,000 with Degenkolb Engineers for preliminary design for seismic upgrades for the Solids Conditioning Building, District Project 7296. h. Set May 5, 2011 at 2:00 p.m. as the date and time for the following public hearings. Reviewed by Budget and Finance Committee. None. 1) Consider adoption of an uncodified ordinance to amend the Schedule of Environmental and Development - Related Rates and Charges; and 2) Consider adoption of an uncodified ordinance to amend the Schedule of Capacity Fees. Set May 5, 2011 at 2:00 p.m. as the date and time for a public hearing to consider placing the following on the Contra Costa County tax roll for collection. Reviewed by Budget and Finance Committee. • Fiscal Year 2011 -12 Capacity Use Charges; • Fiscal Year 2011 -12 Assessments for Contractual Assessment Districts and Alhambra Valley Assessment Districts; and • Fiscal Year 2011 -12 Assessments for Fee Deferrals. 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER 5. BIDS AND AWARDS a. AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $512,262 TO PACIFIC TRENCHLESS, INC., THE LOWEST RESPONSIVE BIDDER FOR THE PIPE - BURSTING OF SANITARY SEWERS DISTRICT PROJECT 5982; 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 General Manager James Kelly stated that the proposed construction contract is for a pipe- bursting project to aid in the completion of projects on an as- needed basis, covering a span of several years. It was moved by Member McGill and seconded by Member Nejedly to award a construction contract in the amount of $512,262 to Pacific Trenchless, Inc., the lowest 2 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of April 7, 2011 responsive bidder for the Pipe- Bursting of Sanitary Sewers, District Project 5982; 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. Motion passed by unanimous vote of the Board. 6. REPORTS a. GENERAL MANAGER 1) Update on Collection System Operations Facility, District Project 8208 Senior Engineer Alex Rozul presented the regular construction progress update on the Collection System Operations (CSO) Facility project. He showed photos of the construction and reported that, since the previous Board meeting, work has been done on the roof, exterior siding and interior construction. The ongoing construction focus includes continuing the roof work and building siding, installing wall insulation and drywall, maintaining storm water best management practices, HVAC, electrical and plumbing. He reported that, of twenty -three working days in March, sixteen were counted as rain days. However, with clearer weather ahead, work can continue on the roof and outside of the building. Roof insulation has been installed, and the roof is waterproofed as of this week. Therefore, rain should no longer affect work on the interior of the building. 2) Contra Costa Count Employees' Retirement Association (CCCERA) update General Manager James Kelly stated that Director of Administration Randall Musgraves attended the March 30, 2011 CCCERA Board meeting and provided a comprehensive summary in the Board agenda packet for today's meeting. Mr. Musgraves brought Item 6 to the attention of the Board, which relates to the County's request for actuarial information. He stated that one of the County Supervisors mentioned that, in most other agencies, staff has the authority to grant requests that do not require the work of an actuary. Following that discussion, the CCCERA Board requested that their staff prepare a procedure for processing certain data requests without the CCCERA Board's approval. CCCSD staff is writing a letter encouraging CCCERA to support faster processing of data requests, so the District can ask for information without lengthy delays such as those which affected the District's response on de- pooling. Member McGill recalled that CCCERA has issued two letters which show how changing earnings in market losses were influencing rates. He informed the Board that he plans to meet with General Manager James Kelly to obtain a better understanding of the concept, and it might be possible to have that meeting at a mutually- convenient time for anyone else who is interested. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of April 7, 2011 3) Update on Senate and Assembly Bills covering enhanced benefits General Manager James Kelly stated that the written report in the agenda packet highlights recent activity in the legislature pertaining to pension reform. He noted that Senate Bill 961 has been changed to exclude employee organizations from negotiating matters related to pension benefits with public employees and would limit representation to wages, hours and other conditions and terms of employment. The Board will be kept apprised as this bill continues to evolve. General Manager James Kelly added that, at today's meeting, the Board received a memo summarizing Governor Brown's proposals, as well as a Pleasant Hill City Council agenda item in which the Council proposes to go to an imposition of a contract with their management staff. 4) Report on preliminary draft policy for Whole Effluent Toxicity (WET) Assessment and Control Director of Plant Operations Margaret Orr provided an update on proposed regulations on whole effluent toxicity, stating that the State Water Resources Control Board (SWRCB) has proposed replacing the current Whole Effluent Toxicity Test (WET) statistical analysis method with a new Test of Significant Toxicity (TST) method. She stated that the District currently uses a five - dilution testing method, which alerts staff to potential problems. As the toxicity is at very low levels, the proposed one - dilution testing method would be less informative, as it provides no warning of a potential problem. In addition, the proposed TST method presumes that effluent is toxic until proven as non toxic. Ms. Orr also reported that a statistical study was performed by a PhD civil engineer modeler hired by the District. It found that, with the proposed testing method, the effluent would falsely be deemed toxic between five to fifty -eight percent of the time, depending on the test species and standard deviation of the test. There was no effect observed in the receiving water; however, the receiving water could be considered impaired if violations begin. In that case, total maximum daily loads (TMDLs) would need to be developed. Effluent violations could also create enforcement actions and potential for citizen lawsuits, as well as undermine public perception of recycled water. Ms. Orr stated that staff is working with the National Association of Clean Water Agencies (NACWA), which has been able to push this method back in five different states. On April 18, 2011, staff will meet with individual members of the SWRCB. 5) Consider commitment to pursue Water Resources Development Act (WRDA) funding for the Martinez Refinery Recycled Water Project The Recycled Water Committee reviewed this matter at its April 5, 2011 meeting and recommended approval. 4 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of April 7, 2011 Director of Engineering Ann Farrell stated that Congressman Garamendi has expressed interest in promoting this project and working with the Contra Costa Water District (CCWD) to facilitate partnership with CCCSD. She cautioned that, should WRDA funding be granted, CCCSD may have financial obligations which are not currently budgeted in the Capital Program. She stated that several scenarios predict a positive revenue stream, which could be used to pay the cost of bonds with no cost to the ratepayers. Staff recommends pursuing only those scenarios with a positive revenue stream. Staff wants to be clear that the commitment to pursue WRDA funding could potentially be a commitment to sell bonds to cover the capital cost share of the program, should WRDA funding be granted. Member Williams noted that WRDA tends to favor partnered projects, so CCCSD pursuing the funding alone, without the support of CCWD, may not be successful. He stated that a fifteen -year payback guideline for funding recycled water projects is relatively unfavorable and expressed concern with utilizing the District's bonding capacity to fund recycled water projects at the cost of other infrastructure efforts. Member McGill noted that it might be more economical to borrow funds from a bank than use bond funds. Ms. Farrell stated the likely possibility that the grant money would come in phases; in which case, completing the project in smaller stages would lessen the financial impact on the District. Member Williams stated that, despite the societal benefits of recycled water, the basic question remains of who is responsible for financing recycled water projects, as does the fact that the District's ratepayers are paying double for recycled water through CCCSD and East Bay Municipal Utility District (EBMUD) and subsidizing CCWD ratepayers in Pittsburg and Antioch. Member Nejedly stated that, regardless of who pushes for recycled water, historically, it is CCWD's responsibility to do as much conservation and recycling as possible, and they have not. He stated that CCCSD produces forty -five million gallons per day of recycled water, and, as a policymaker, trying to reuse that water is the right thing to do. President Hockett agreed with Member Nejedly that providing recycled water is the right thing to do, though she also agreed with Member Williams' comment that CCCSD's ratepayers are paying for a service from which others benefit. She stated her disappointment at CCWD's lack of partnership with CCCSD, and added that an incredible amount of work has been done to get the project to where it is now. She expressed her struggles with the possibility of increasing CCCSD's debt and stated that, on the other hand, without going to the next step, CCCSD will be nowhere in the process. Member Nejedly stated that it was worthy to add that it is not only through Congressman Garamendi but also through the efforts of staff that CCCSD has the backing of multiple Cities, County Supervisors and others now showing support for recycled water projects. The list grows daily and is not comprised only of a few handpicked people. 5 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of April 7, 2011 Ms. Farrell confirmed with the Board that it was appropriate to continue efforts with Congressman Garamendi to pursue WRDA funding. 6) Wet weather update Provisional Director of Collection System Operations (CSO) Ba Than presented the Wet Weather Operations Report. He stated that, while February and March were wet months, the District's system performed well. There were no capacity - related overflows, and the pumping stations operated well. However, there were three areas with potential landslides and storm damage: 1003 Carol Lane and 3278 Isola Lane in Lafayette, and 158 La Espiral in Orinda. He presented photos of the three areas depicting the danger zones and exposed pipes, and stated that staff will continue to monitor the areas. He also presented a chart of Treatment Plant operations flows, which included a peak hourly flow of 156.1 million gallons per day for the month of March. 7) Announcements The following written announcements were included with the agenda packet: a) Contra Costa County Election Division Savings b) Environmental Compliance Superintendent Tim Potter's Attendance at the National Association of Clean Water Agencies (NACWA) Annual Pretreatment and Pollution Prevention Workshop in St. Louis, Missouri, from May 18 through May 20, 2011 C) District Staff Attendance at SunGuard OneSolution Training in Las Vegas, Nevada, May 2011 d) Provisional Human Resources Manager Christopher Ko's Attendance at the 2011 Western Region International Public Management Association for Human Resources (IPMA -HR) Conference in Portland, Oregon from April 27 through April 29, 2011 e) Advertisement on April 8 and 13, 2011 of the South Orinda Sewer Renovations (Phase 5), District Project 5989 D Change to District Travel Policy g) Contra Costa Health Services Hazardous Materials Programs Issues Show Cause Letter Dated March 21, 2011 h) Support Letter Sent on Assembly Bill 134 No additional announcements were made at the meeting. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of April 7, 2011 b. COUNSEL FOR THE DISTRICT District Counsel Kent Alm announced the closed session regarding three potential cases for this meeting. C. 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 Member McGill Member McGill and President Hockett reported on the April 6, 2011 Capital Projects Committee meeting and summarized the Action Summary. The Board received the report without comments. Member Nejedly Member Nejedly and President Hockett reported on the April 4, 2011 Budget and Finance Committee meeting and summarized the Action Summary. The Board received the report without comments. Member Nejedly and Member McGill reported on April 5, 2011 Recycled Water Committee meeting and summarized the Action Summary. The Board received the report without comments. 2) Consider request by Board Member David R. Williams to adopt Resolution 2011- 012 supporting his nomination to fill the vacant Contra Costa Special Districts Association Member -at -Large seat. It was moved by Member Menesini and seconded by Member McGill to adopt Resolution 2011 -012 supporting Member Williams' nomination to fill the vacant Contra Costa Special Districts Association Member -at -Large seat. Motion passed by unanimous vote of the Board. 3) Announcements a) Member McGill provided a written report covering Announcements. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of April 7, 2011 7. HUMAN RESOURCES a. APPROVE STAFFING PLAN FOR FISCAL YEAR 2011 -12 The Human Resources Committee reviewed this matter at its March 9, 2011 meeting and recommended Board approval. Speaking on behalf of the Union, Vice President of Local One Public Employees Union Rick Hernandez apologized for not providing the Board with the Union's response at an earlier time. He stated that he did not find out about some of the changes to the Staffing Plan until they were posted on the agenda, and, following that, the Union had to poll their workers for their opinions on the Plan in order to prepare a response. Mr. Hernandez stated that the proposed Staffing Plan does not provide alternatives other than modifying or rejecting the Plan. He stated that, given the current economic situation with pensions and unfunded liability, he believes that an alternative with no staff increases and continuing to work with existing resources should be considered. He added that, as a result of his poll of employees, he felt that some of the vacant positions the Plan proposes to fill are high salaried and not needed. He also noted that negotiations are two personnel budgets away, and there are many unknowns between the present time and the next contract. He cautioned the Board against incurring additional liabilities. Mr. Hernandez presented a second alternative: that if positions are to be added, they should be for the purpose of hiring more CSO maintenance crew staff. He cited the Information Systems Specialist (ISS) position as an example, relaying feedback from CSO workers that their department would be better served with a field worker. Currently, the department has half a dozen temporary employees. Mr. Hernandez stated that veteran workers are finding it more difficult to formulate solutions when responding to a call with a temporary worker than if he were in the company of a fellow veteran. Mr. Hernandez added that the Senior Engineer position, which supervises four people, would be a costly hire and has been vacant for many years. He stated that engineers who have rotated through the position have said it was not needed. He asked the Board to give the District's existing engineers extra assistance. He noted that the District has eliminated a lot of secretarial positions, which can be done elsewhere in the District. He stated that employees are willing to do more with less, even if it means less staff. He stated the need for a better plan than that which is being presented to the Board. General Manager James Kelly stated that copies of the action summary from the March 9, 2011 Human Resources Committee meeting, during which the Plan was reviewed with two Local One members present, were made available to Local One. In the summary, changes to be made to the Plan by the Committee in response to Union representatives' input were clearly delineated. General Manager James Kelly also responded that the addition of an ISS position will facilitate cross - training prior to the anticipated retirement of the incumbent. He added that two senior -level employees in Environmental Services are predicted to retire in the W :7 None. None. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of April 7, 2011 next eighteen months or so. The proposed staff increases serve succession planning, and, when all additions and deletions are counted, there is one less employee budgeted for Fiscal Year 2011 -12. General Manager James Kelly also stated that many of the temporary workers at CSO are provisionally replacing employees who are on long -term leave or light duty. They were not hired to avoid recruiting new employees, but to get the current employees back to good health and maintain a proper number of crews in the field. He stated that during a six -month de facto hiring freeze ending January 1, 2011, the benefits package for new hires was reduced. Following that, the District has been actively hiring. It was moved by Member Williams and seconded by Member McGill to approve the Staffing Plan for Fiscal Year 2011 -12. Motion passed by the following vote of the Board: AYES: Members: McGill, Menesini, Williams, Hockett NOES: Members: Nejedly ABSTAIN: Members: None Member Nejedly stated that the Union has made good points, and staff has made difficult decisions and modified the Plan based on the Human Resources Committee's input. He disagreed with Mr. Hernandez's recommendation that veterans should be paired in the field, as that could be a learning opportunity for a newer employee. Member Nejedly stated that, with the deletion of the Construction Equipment Operator position and the recent overflows, he supported hiring more field workers versus office workers. He noted that adding more crews seems to have a direct correlation to less overflows and cleaner pipes. He stated that he did not support the proposed Staffing Plan because it does not address the problems in the field. AUTHORIZE HIRING OF 36 STUDENTS FOR SEASONAL EMPLOYMENT FOR FISCAL YEAR 2011 -12 The Human Resources Committee reviewed this matter at its March 9, 2011 meeting and recommended Board approval. It was moved by Member McGill and seconded by Member Menesini to authorize the hiring of 36 students for seasonal employment for Fiscal Year 2011 -12. Motion passed by unanimous vote of the Board. 8. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 9. SUGGESTIONS FOR FUTURE AGENDA ITEMS w CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of April 7, 2011 10. CLOSED SESSION The Board recessed at 3:11 p.m. to reconvene in closed session in the Caucus Room regarding the following matters: a. 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 • Gregory Village Partners The Board recessed at 4:18 p.m. to reconvene in the Board Room in open session. 10. REPORT OUT OF CLOSED SESSION District Counsel Kent Alm reported that no action was taken in closed session. 11. ADJOURNMENT There being no further business to come before the Board, President Hockett adjourned the meeting at 4:21 p.m. 10