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Home My WebLink AboutACTION SUMMARY 05-19-11Central Contra Costa Sanitary District BOARD MEETING ACTION SUMMARY Board Room Thursday May 19, 2011 2:00 p.m. 1. ROLL CALL PRESENT: Members: McGill, Menesini, Nejedly, Hockett ABSENT: Members: Williams a. Pledge of Allegiance to the Flag. BOARD ACTION: Said Pledge of Allegiance. b. Introduction of the following new employees: BOARD OF DIRECTORS. BARBARA D. HOCKE77 !'resident JAMES A. NrJEDLY Presidem Pro Tem MICHAEL R. MCGILL MARIO M. A4rNF.S1Nl DAVID R. WILLIAMS PHONE: (925) 228 -9500 FAX.- (923) 676 -7111 www.centralsan.org 1) Engineering Support Information Systems Analyst, Carolyn Knight. 2) Administrative Assistant — Plant Operations Department, Alma Kadic. BOARD ACTION: Welcomed new employees. 2. PUBLIC COMMENTS General Manager James Kelly announced that Rich Pio Roda, Esq., is attending the Board meeting instead of District Counsel Kent Alm. 3. CONSENT CALENDAR a. Approve minutes of Special Board meeting /Capital Projects Board Workshop held April 14, 2011. b. Approve expenditures dated May 19, 2091. Reviewed by Budget and Finance Committee. C. Set June 16, 2011 at 2:00 p.m. as the date and time for a public hearing to consider placing delinquent fees and charges on the 2011 -12 Contra Costa County tax roll for collection, placing liens on properties owned by those persons 9 Recycled Paper May 19, 2011 Board Action Summary Page 2 who have not paid applicable fees and charges, and /or terminating service to properties for which fees and charges are delinquent. Reviewed by Budget and Finance Committee. d. Return claim for damages submitted by Paladin Law Group on behalf of Ryan, Anne and Reese Schaeffer as untimely. Reviewed by Budget and Finance Committee. e. Authorize the General Manager to execute a professional services agreement with Michael L. Johnson LLC in an amount not to exceed $120,000 for toxicity testing in conjunction with the 2011 Suisun Bay Monitoring Toxicity Identification Evaluation. BOARD ACTION: Adopted the Consent Calendar as recommended. 4. PUBLIC HEARINGS a. Conduct public hearing for the formation of Vista Del Orinda Contractual Assessment District (CAD) No. 2010 -2, District Project 6499, for Orinda sewer improvements; consider adopting following two resolutions: (1) Resolution 2011- 075 overruling protests; and (2) Resolution 2011 -016 approving Engineer's Report, assessments, ordering improvement, and finding the project exempt from California Environmental Quality Act (CEQA); authorize a $165,000 allocation from the Collection System Program contingency; and authorize the General Manager to execute an agreement with parcel owners in conjunction with said CAD. BOARD ACTION: Adopted Resolution 2011 -015 and Resolution 2011 -016 as presented; authorized an allocation from the Collection System Program Contingency; and authorized the General Manager to execute an agreement with parcel owners in conjunction with Vista Del Orinda Contractual Assessment District (CAD) No. 2010 -2, District Project 6499. 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 6. BIDS AND AWARDS a. Award a construction contract in the amount of $1,538,000 to K. J. Woods Construction, Inc., the lowest responsive bidder for the South Orinda Sewer Renovations, Phase 5, District Project 5989; 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. BOARD ACTION: Found that the project is exempt from CEQA; awarded construction contract to K. J. Woods Construction, Inc.; and authorized the May 19, 2011 Board Action Summary Page 3 General Manager to execute contract documents subject to submittal requirements. 7. REPORTS a. General Manager 1) Update on Collection System Operations Facility, District Project 8208. 2) Contra Costa County Employees' Retirement Association update. 3) Update on Senate and Assembly Bills covering enhanced benefits. BOARD ACTION: Received the reports. 4) Announcements a) Senior Right of Way Agent Rick Hernandez's Attendance at the International Right of Way Association's Conference in Atlanta, Georgia from June 12 -15, 2011 b) San Ramon Mobile Household Hazardous Waste Collection Event on May 7, 2011 C) New Process for Capital Project Closeouts d) Lafayette Sewer Renovation Project (Phase 7) Public Workshop on May 5, 2011 e) Walnut Creek Sewer Renovation Project (Phase 8) Public Workshop on May 12, 2011 f) Bureau of Reclamation Title 16 Grants Awarded to Delta Diablo and Dublin San Ramon g) Update on CCCSD Moraga Pumping Station Show Cause Letter and Follow Up h) Passing of CSO Maintenance Crew Leader Ron Galloway Jr. i) Iron House Sanitary District filled Board Vacancy with Dave Contreras j) Source Control /Pollution Prevention Service Agreement executed with Mt. View Sanitary District May 19, 2011 Board Action Summary Page 4 k) Public bidding on Thursday, June 9, for Walnut Creek Sewer Renovations, Phase 8, District Project 5992 BOARD ACTION: Received the announcements. b. Counsel for the District 1) Announce settlement of claim regarding sewer overflow at 3320 Woodview Court, Lafayette. BOARD ACTION: Continued to a later data when District Counsel Kent Alm is in attendance. C. Secretary of the District Announced that, to date, 85 protests have been received as a result of the Prop 218 notice. Announced upcoming Outreach Committee meeting on May 25, 2011. 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 McGill • May 5, 2011 — Contra Costa Mayors' Conference hosted by the City of Oakley. Topic: One Bay Area — SB 375 Sustainable Communities Strategies Process and Outcome. Speakers: Amy Worth, Orinda Councilmember and Conference Appointee to MTC; Julie Pierce, Clayton Councilmember and Conference Appointee to ABAG (expenses). • May 12, 2011— Household Hazardous Waste Committee meeting -- Member McGill (stipend) and Member Menesini (stipend). Member Nejedly • May 16, 2011 —Budget and Finance Committee meeting —Member Nejedly (stipend) and President Hockett (stipend). • May 17, 2011 — Ad Hoc CCCERA Committee meeting — Member Nejedly (stipend) and Member McGill (stipend). May 19, 2011 Board Action Summary Page 5 President Hockett May 11, 2011 — Human Resources Committee meeting -- President Hockett (stipend) and Member Nejedly (stipend). BOARD ACTION: Received the reports. 2) Announcements a) Member McGill provided a written report covering Announcements. BOARD ACTION: Received the announcements. 8. ENGINEERING a. Consider allowing the program for Deferred Payment of Connection Fees to expire on June 30, 2011, as set forth in Resolution 2010 -033, and as recommended by the Budget and Finance Committee. BOARD ACTION: Set public hearing for June 16, 2011 at 2 p.m. to consider extending the program for two years for subdivisions only, and setting fees (3 -1 -1; Nejedly, No; Williams, Absent). b. Authorize the General Manager to execute a Takeover Agreement with Old Republic Surety Company to replace NCCI, Inc, as the contractor to complete the Treatment Plant Piping Renovations, Phase 5, District Project 7276, and authorize the filing of a Notice of Cessation of Work on the NCCI, Inc. contract. BOARD ACTION: Authorized the General Manager to execute a Takeover Agreement with Old Republic Surety Company to replace NCCI, Inc. as the contractor to complete the Treatment Plant Piping Renovations, Phase 5, District Project 7276, and authorized the filing of a Notice of Cessation of Work on the NCCI, Inc. contract. 9. BUDGET AND FINANCE a. Receive the Fiscal Year 2011 -12 Operations and Maintenance Budget and the Fiscal Year 2011 -12 Debt Service Fund Budget. Reviewed by Budget and Finance Committee. BOARD ACTION: Received the Fiscal Year 2011 -12 Operations and Maintenance Budget and the Fiscal Year 2011 -12 Debt Service Fund Budget. Provided staff with comments leading to the approval and adoption of the Budgets at the June 2, 2011 Board Meeting. May 19, 2011 Board Action Summary Page 6 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 11. SUGGESTIONS FOR FUTURE AGENDA ITEMS Board Member McGill suggested holding a Board retreat to discuss priorities and goals. 12. 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. Enter rises and Central Contra Costa Sanita 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): • Schaeffer claim (Paladin Law Group). C. Conference with Legal Counsel - Anticipated Litigation - initiation of litigation pursuant to Government Code Section 54956.9(c): • Two potential cases. BOARD ACTION: Held closed session. 13. REPORT OUT OF CLOSED SESSION No reportable action. 14. ADJOURNMENT — at 3:20 p.m.