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HomeMy WebLinkAboutBOARD MINUTES 04-21-11MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON APRIL 21, 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 21, 2011. President Hockett called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: McGill, Menesini, Nejedly, Hockett ABSENT: Members: Williams a. PLEDGE OF ALLEGIANCE TO THE FLAG The Board and staff joined in the Pledge of Allegiance. 2. PUBLIC COMMENTS There were no public comments. 3. AWARDS AND COMMENDATION a. ACCEPT NORTHERN CALIFORNIA CHAPTER OF THE INTERNATIONAL PUBLIC MANAGEMENT ASSOCIATION — HUMAN RESOURCES (IPMA -HR) AGENCY AWARD FOR EXCELLENCE Provisional Human Resources Manager Christopher Ko presented the Board with the Northern California Chapter of the IPMA -HR Agency of the Year Award for Excellence. He said the IPMA -HR is the leading public sector human resource organization in the world and promotes excellence in human resource management. The Northern California Chapter is one of the largest in the State with over 200 public agencies as participating members. This award recognizes the overall quality, accomplishments, and contributions of an agency's human resources program that exceed the norm. Specific accomplishments include the District's newly designed interactive process for leaves management in conjunction with safety and risk management procedures for on-the-job injuries and worker's compensation claims. This innovative and comprehensive automated system helps ensure legal compliance, improves efficiency, fosters better communication between departments, contributes to the well being of the District's Book 60 — Page 281 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of April 21, 2011 employees, and places the District on the cutting edge of regulatory compliance in terms of human resource management. In conclusion, Mr. Ko said receipt of this award has qualified the District to be considered for the same award at the Western Region IMPA- HR conference to be held later in the month in Portland. 4. CONSENT CALENDAR Member Nejedly requested that Item 4.e. be discussed separately. It was moved by Member McGill and seconded by Member Menesini to adopt Consent Calendar items 4.a. through 4.d. as recommended. Motion passed by the following vote of the Board: AYES: Members: McGill, Menesini, Nejedly, Hockett NOES: Members: None ABSENT: Members: Williams a. Approve minutes of Board meetings held on the following dates: 1) March 3, 2011; and 2) March 17, 2011. b. Approve expenditures dated April 21, 2011. Reviewed by Budget and Finance Committee. C. Approve Board annual conference attendance. d. Adopt Resolution 2011 -013 setting May 19, 2011 at 2:00 p.m. as the date and time for a public hearing to consider the formation of Vista Del Orinda Contractual Assessment District (CAD) No. 2010 -2 for installation of sewer improvements in Orinda. Reviewed by Budget and Finance Committee. e. Authorize the General Manager to execute an amendment to an existing technical consulting services agreement with Cogent Energy, Inc. in the amount of $38,500, increasing the cost ceiling to $63,500, for construction of the Collection System Operations Department (CSOD) facility, District Project 8208. With regard to Item 4.e., Member Nejedly stated that he did not support the CSOD project from the outset in part because of his concerns about cost overruns. The requested amendment is more than double the original cost estimate which, in his opinion, appears exorbitant given that the contractor should have known what it would cost. Director of Engineering Ann Farrell said that Cogent Energy, Inc. has been asked to perform enhanced commissioning of the HVAC system. The cost of this work was not included in the position paper for award of the project. Ms. Farrell noted that the District will be submitting the CSOD facilities project for Leadership in Energy and Environmental Design (LEED) certification as a green facility. She explained that LEED certification has various levels and staff believes it can qualify for the gold award, the second highest level of certification. The enhanced HVAC commissioning earns points that will Book 60 -- Page 282 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of April 21, 2011 assist in qualifying for gold certification. While not required by the City of Walnut Creek, it is a prestigious designation and considered worthy on a number of levels. Member McGill said it was his understanding that, in the long run, the lifecycle aspects of a green building make up for any up -front costs, and while he has not looked into the details of this project in that respect, he was supportive of the overall concept. Member Menesini echoed this sentiment. It was moved by Member McGill and seconded by Member Menesini to adopt Consent Calendar Item 4.e. as recommended. Motion passed by the following vote of the Board: AYES: Members: McGill, Menesini, Hockett NOES: Members: Nejedly ABSENT: Members: Williams 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 6. REPORTS a. GENERAL MANAGER 1) Update on Collection S stem Operations Facility, District Pro'ect 8208 Senior Engineer Alex Rozul presented photographs indicating that significant progress has occurred on the inside of the building. The focus is on finishing the interior walls, including insulation, electrical, plumbing, HVAC ductwork and drywall. Work is continuing on the roof, siding and yard. In response to a question from Member Nejedly, Mr. Rozul said the project was approximately 35 days behind at the time of the last report, but he believes the contractor has caught up about 15 -20 of those days since then. It is anticipated that the project will be completed toward the end of September. 2) Update on meeting with State Water Regional Control Board re Preliminary draft polipy for Whole Effluent Toxici WET Assessment and Control Director of Plant Operations Margaret Orr summarized meetings she and General Manager James Kelly attended on April 18, 2011 with members of the Bay Area Clean Water Agencies ( BACWA) and representatives of the State Water Resources Control Board ( SWRCB) regarding its proposal to replace the current Whole Effluent Toxicity (WET) statistical analysis method with a new Test of Significant Toxicity (TST) method. The SWRCB has proposed a statewide system for toxicity assessment covering agriculture, stormwater and wastewater plants that it believes is simple to implement and monitor, although at this time it is considering dropping the agriculture and stormwater categories from the proposed regulations. At the meeting, BACWA members raised the following Book 60 — Page 283 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of April 29, 2091 issues: (1) any new regulations should apply to all water types, (2) the proposed TST method should be replaced with a point estimation method, and (3) numerical limits are not reasonable for toxicity. BACWA members also suggested that a blue ribbon panel funded by BACWA and other agencies could be created to review proposed toxicity tests. The SWRCB has indicated it will delay any decision on the proposed regulations until the end of the year. In the meantime, staff will continue its efforts to convince SWRCB officials of the flaws in their proposed regulations and provide alternatives. 3) Update on San Francisco Bay Region Surface Water Ambient Monitoring Program SWAMP Work Ian — monitoring Spring h o lankton bloom progression in Suisun Bay General Manager James Kelly said the District has begun participating in the San Francisco Bay Region Surface Water Ambient Monitoring Program (SWAMP) to monitor nutrients, pesticides, herbicides and phytoplankton in the Suisun Bay. This program, which is in collaboration with the Regional Water Quality Control Board and the State Water Contractors, is important to attempt to quantify what role ammonia is playing in the decline of the Delta. Staff recently took its third of ten weekly samplings in the Suisun Bay and is continuing to monitor the results. Preliminary findings reveal ammonia levels nowhere near toxic levels for algae. In late December, the initial estimates for this project were roughly $15,000 to add a sample site and $50,000 to test the samples to determine what kinds of pesticides, herbicides and algae are present. More current estimates, however, are in the range of $23,000 for the sampling site and $91,000 for testing because the numbers of herbicides and pesticides are higher than anticipated. He noted that staff recommends continuing the program even though the costs have increased. 4) Announcements The following written announcements were included with the agenda packet: a) Advertisement on April 26 and May 4, 2011 for public bidding of Perimeter Fencing, District Project 7282 b) Treatment Plant Piping Renovations, Phase 5, District Project 7276, contract with NCCI, Inc. in voluntary default c) Philip Services Corporation fined $108,475 for waste management violations unrelated to District operations d) Online bidding system and cost savings e) Kinder's Meats capacity fee study being conducted for new location Book 60 — Page 284 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of April 21, 2091 The following additional written announcements were made at the meeting: f) South Orinda Sewer Renovations, Phase 5, District Project 5989, public workshop held April 19, 2011 g) Proposition 218 Notice mailed h) California Water Environmental Association - first place film award for the District's "Fats, Oils and Grease (FOG)" video i) Program for deferred payment of connection fees set to expire June 30, 2011 General Manager James Kelly said staff will be informing developers of the impending sunset of the program due to lack of participation and will notify the Budget and Finance Committee of their responses. j) Recycled water leak A recycled water leak just north of the District's plant site was recently discovered, repaired and reported to the Regional Water Quality Control Board. b. COUNSEL FOR THE DISTRICT District Counsel Kent Alm announced that a closed session would be held regarding Item 10.a. and the third matter listed under Item 10.b., but not for the first two matters listed under Item 10.b. C. SECRETARY OF THE DISTRICT No reports. d. BOARD MEMBERS 1) Board Member reports on recent meetings for which they received the sti end• 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 reported on the April 21, 2011 Contra Costa Council Luncheon featuring State Controller John Chiang who spoke on California's fiscal crisis. Book 60 -- Page 285 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of April 29, 2011 Member Neiedly Member Neiedly and President Hockett reported on the April 18, 2011 Budget and Finance Committee meeting and summarized the Action Summary. The Board received the report without comment. President Hockett President Hockett reported on the April 21, 2011 Contra Costa Council Luncheon featuring State Controller John Chiang who spoke on California's fiscal crisis. 2) Announcements Member McGill provided a written report covering Announcements. 7. ADMINISTRATIVE a. CONTRA COSTA COUNTY EMPLOYEES' RETIREMENT ASSOCIATION CCCERA UPDATE Director of Administration Randall Musgraves reported on the April 13, 2011 meeting of the CCCERA Board. With regard to CCCERA Board agenda item no. 5 concerning terminal pay assumption methodologies, he said the CCCERA Board ultimately voted to have the calculations done by cost group rather than, as its actuary had suggested, waiting three years for actual figures. Waiting would have delayedlincreased the District's unfunded liability similar to what occurred as a result of the CCCERA Board's decision to de -pool. He said it is clear that the CCCERA Board is experiencing more ramifications from its de- pooling decision than originally considered, but at least efforts are being made now to be consistent with their calculations. He said he will report back to this Board when final data becomes available. The CCCERA Board also considered agenda item no. 6. concerning this Board's request to meet with CCCERA Board representatives to discuss matters raised in the District's March 4, 2011 letter to the CCCERA Board. While the CCCERA Board does not normally have committees for this purpose, Mr. Musgraves said it granted this Board's request with no discussion. CCCERA Board President Jerry Telles, General Counsel Karen Levy, Outside Professional Support Attorney Harvey Leiderman, and CCCERA Chief Executive Officer Marilyn Leedham were selected to meet with a committee of this District's Board. Therefore, he said it would be appropriate for the Board to appoint an Ad Hoc committee to meet with the named CCCERA representatives. Members McGill and Nejedly volunteered. District Counsel Kent Alm stated that this would be an Ad Hoc committee with the stated purpose of expressing the District's concerns to CCCERA as set forth in the District's recent letters to the CCCERA Board. President Hockett said it was not her intent that the Ad Hoc committee's term be open ended and some parameters were needed. Mr. Musgraves noted that the nature of CCCERA's response Book 60 — Page 286 None. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of April 21, 2019 to the District's concerns should provide some clarity on how long the process will take. By unanimous decision of the Board members present, an Ad Hoc Committee comprised of Board Members McGill and Nejedly was created for the purpose stated above. 8. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 9. SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Nejedly brought up the subject of health benefits available to Board Members, noting that the Contra Costa Times soon will be publishing the results of its public records requests from several months ago regarding income and benefits being paid to elected officials. He said the results of the Times'survey indicate that, of the special districts that responded, he receives health benefits at the highest cost. He acknowledged that his employer provides health insurance for his family and him and in the past he was able to take a small monthly payment in lieu of health benefits from the District. Several years ago, however, that payment option ceased to be available to Board Members, which is when he opted for the insurance coverage. It was not until the Times' public records request that he learned of the actual cost of that benefit to the District. He said he would be the first to agree that the roughly $35,000 annual cost is excessive. While he could simply cancel the insurance, doing so would cost him quite a bit of out -of- pocket expense. In the intervening months, he said he and District staff have been looking at potential options to mitigate the opt -out option for the Board Members, adding that he believes health benefits were historically offered to Board Members because, by and large, they were older or retired and may have needed health insurance. Member Nejedly said his insurance is more costly due to his younger family. Therefore, he asked staff, in tandem with District Counsel, to work to investigate possible alternatives because, as a fiduciary for the public, he cannot in all good conscience continue taking health insurance benefits that cost the District so much. District Counsel said he would work with staff in this regard and the matter would be agendized for a future meeting. Member McGill suggested that a companion item would be to discuss what the District has done historically to encourage persons to serve on the District Board. He said it is important to look at every option in relation to how the public's interests are best served. 10. CLOSED SESSION The Board recessed at 3:02 p.m. to reconvene in the Caucus Room in closed session to confer with Legal Counsel. In accordance with District Counsel Kent Alm's earlier report, the Board conferred with Legal Counsel only with regard to Item 10.a. and the third matter listed under Item 10.b: Book 60 — Page 287 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of April 29, 2091 a. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): • Gre o Villa a 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 9597 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) The Board recessed at 3:41 p.m. to reconvene in the Board Room in open session. 11. REPORT OUT OF CLOSED SESSION District Counsel Kent Alm reported that no action was taken in closed session. 12. ADJOURNMENT There being no further business to come before the Board, President Hockett adjourned the meeting at 3:41 p.m. Barbara 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 Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Book 60 — Page 288