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Home My WebLink About00. AGENDA 06-16-11L Central Contra Costa Sanitary District BOARD MEETING AGENDA Board Room Thursday June 16, 2011 2:00 p.m. INFORMATION FOR THE PUBLIC BOARD OF DIRECTORS 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 June 16, 2011 Board Agenda Page 2 ROLL CALL a. Pledge of Allegiance to the Flag. 2. PUBLIC COMMENTS 3. AWARDS AND COMMENDATIONS b. Presentation of the Comprehensive Annual Financial Report (CAFR) award for the Fiscal Year ended June 30, 2010. (1 minute staff presentation.) Staff Recommendation: Controller Debbie Ratcliff will present the award to the Board. 4. CONSENT CALENDAR Staff Recommendation (Motion Required): Adopt the Consent Calendar as recommended. a. Approve minutes of May 19, 2011 Board meeting. b. Approve expenditures dated June 16, 2011. Reviewed by Budget and Finance Committee. C. Adopt Resolution 2011 -018 expressing appreciation to retiring Deputy Director of Contra Costa County Public Works Mitch Avalon. d. Deny claim for damages submitted by Susan McCollom. Reviewed by Budget and Finance Committee. e. Approve medical leave of absence without pay for Maintenance Crew Member II Christian Aughtry. Approval recommended by Human Resources Committee. Approve medical leave of absence without pay for Maintenance Crew Member II David Quintero. Approval recommended by Human Resources Committee. g. Approve a request for emergency withdrawal of funds from the Deferred Compensation Plan. h. Authorize the General Manager to execute a Reprographics Services Agreement with Xerox Corporation for a term of five years at an estimated total cost of $1,421,865 ($284,373 per year). Reviewed by Budget and Finance Committee. June 16, 2011 Board Agenda Page 3 5. PUBLIC HEARINGS a. Conduct public hearing to receive comments on the following matters. Reviewed by Budget and Finance Committee. (5 minute staff presentation.): 1) Consider adopting Resolution 2011 -019 directing that a Certificate of Unpaid Charges be recorded to establish a lien on residential property owned by Gregory M. and Jeanmarie Reginato at 5231 San Pablo Dam Road, El Sobrante (APN 433 - 230 - 024 -5), in connection with unpaid capacity fees and charges related to residential property at 161 Twin Peaks Drive in Walnut Creek. Staff Recommendation (Motion required): Adopt Resolution 2011- 019 directing that a Certificate of Unpaid Charges be recorded as proposed. 2) Consider adopting the following resolutions regarding delinquent charges related to Monsoon Masala Restaurant at 2375 Contra Costa Boulevard in Pleasant Hill (property owned by Loja Pleasant Hill LLC, APN 150-300 - 012 -5): • Resolution 2011 -020 directing that delinquent charges be placed on the 2011 -12 Contra Costa County tax roll for collection; • Resolution 2011 -021 directing that a Certificate of Unpaid Charges be recorded to establish a lien upon this retail property owned by Loja Pleasant Hill LLC, in connection with unpaid capacity fees and charges for Monsoon Masala Restaurant; and /or • Resolution 2011 -022 authorizing termination of sewer service at 2375 Contra Costa Boulevard in Pleasant Hill by disconnection of the property on August 1, 2011. Staff Recommendation (Motion required): • Adopt Resolution 2011 -020 directing that delinquent charges be placed on the 2011 -12 Contra Costa County tax roll for collection as proposed [4 affirmative votes required], and • Adopt Resolution 2011 -021 directing that a Certificate of Unpaid Charges be recorded as proposed. b. Conduct public hearing to receive comments on and consider adoption of following resolution and ordinance regarding the Connection Fee Deferral Program. Reviewed by Budget and Finance Committee. (5 minute staff presentation.) June 16, 2011 Board Agenda Page 4 • Resolution 2011 -023 extending the program for subdivisions for two years, to June 30, 2013; and • Ordinance No. 267 (uncodified) reinstating the program participation fees in the Schedule of Environmental and Development - Related Rates and Charges, established by Ordinance No. 264, in accordance with District Code Chapter 6.30. Staff Recommendation (Motion Required): If the Board elects to extend the program, staff recommends the following actions: • Adopt Resolution 2011 -023 extending the Connection Fee Deferral Program for subdivisions for two years, to June 30, 2013; and • Adopt Ordinance No. 267 ( uncodified) reinstating the Connection Fee Deferral Program participation fees as proposed. [4 affirmative votes required] 6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER 7. BIDS AND AWARDS a. Award a construction contract in the amount of $1,578,000 to Aztec Consultants, Inc., the lowest responsive bidder for the Treatment Plant Piping Renovations, Phase 6, District Project 7288; 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 Aztec Consultants, Inc.; and authorize the General Manager to execute contract documents subject to submittal requirements. b. Award a construction contract in the amount of $1,638,900 to Precision Engineering, Inc., the lowest responsive bidder for the Lafayette Sewer Renovations, Phase 7, District Project 5990; 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 Precision Engineering, Inc.; and authorize the General Manager to execute contract documents subject to submittal requirements. June 16, 2011 Board Agenda Page 5 8. REPORTS a. General Manager 1) Update on Collection System Operations Facility, District Project 8208. (5 minute staff presentation.) 2) Update on Contra Costa County Employees' Retirement Association (CCCERA). (No presentation is planned; staff will be available to answer questions.) 3) Update on pension reform legislation. (No presentation is planned; staff will be available to answer questions.) 4) Title V Permit Renewal Application. (No presentation is planned; staff will be available to answer questions.) Staff Recommendation: Receive the reports. 5) Location for 2012 labor negotiations. Reviewed by Human Resources Committee. (No presentation is planned, staff will be available to answer questions.) Staff Recommendation: Receive the report and provide direction to staff. 6) Announcements Staff Recommendation: Receive the announcements. b. Counsel for the District 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 • June 2, 2011 — Contra Costa Mayors' Conference hosted by the City of Lafayette. Speaker: Will Durst, political satirist (expenses). June 16, 2011 Board Agenda Page 6 Member McGill • June 2, 2011 — Contra Costa Mayors' Conference hosted by the City of Lafayette. Speaker: Will Durst, political satirist (expenses). • June 9, 2011 — Horizon Leadership Series — recurring series of dynamic interactions with major decision makers in the future of this region; this first event featured David E. Durant, Mayor of Pleasant Hill (expenses). June 9, 2011 — Contra Costa Council Annual Installation Dinner in Lafayette (expenses). Member Nejedly • June 13, 2011 —Budget and Finance Committee meeting —Member Nejedly (stipend) and President Hockett (stipend). President Hockett June 2, 2011 — Contra Costa Mayors' Conference hosted by the City of Lafayette. Speaker: Will Durst, political satirist (expenses). • June 9, 2011 — Human Resources Committee meeting — President Hockett (stipend) and Member Nejedly (stipend). • June 9, 2011 — Contra Costa Council Annual Installation Dinner in Lafayette (expenses). Staff Recommendation: Receive the reports. 2) Consider following Board discussion items: a. Consider scheduling a Board retreat to discuss strategic planning — Member McGill b. Consider forming an Ad Hoc Committee to analyze 2011 -12 Succession Planning — President Hockett 3) Announcements Staff Recommendation: Receive the announcements. BREAK (Approximately 4:00 p.m.) June 16, 2011 Board Agenda Page 7 9. HUMAN RESOURCES a. Receive presentation from representative of Kaiser Permanente regarding proposed contract renewal, resulting in a rate increase effective July 1, 2011. Reviewed by Human Resources Committee. (30 minute presentation.) Staff Recommendation: Receive presentation. b. Consider adopting (1) Resolution 2011 -024 authorizing Board participation in the Health Flexible Spending Arrangement (HFSA) of the District's Section 125 Cafeteria Plan, and (2) the Summary of Material Modifications and Amendment No. 1 to the HFSA, allowing Board Members the option to participate in the HFSA for reimbursement of qualified medical expenses, in lieu of District medical coverage. Approval recommended by Human Resources Committee. (No presentation is planned, staff will be available to answer questions.) Staff Recommendation (Motion Required): Adopt Resolution 2011 -024 and adopt modifications to the Health Flexible Spending Arrangement plan document, as proposed. C. Review draft response to Grand Jury Report No. 1104 — "Elected Board Membership." Approval recommended by Human Resources Committee. (No presentation is planned; staff will be available to answer questions.) Staff Recommendation: Review draft response and provide direction to staff. 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 11. SUGGESTIONS FOR FUTURE AGENDA ITEMS 12. CLOSED SESSION a. Conference with labor negotiators pursuant to Government Code Section 54957.6: District Negotiators: General Manager James Kelly, Secretary of the District Elaine Boehme Employee Organizations: (1) Employees' Association, Public Employees Union, Local One; (2) CCCSD Management Support/Confidential Group (MS /CG), and (3) Management Group b. Conference with Legal Counsel — existing litigation pursuant to Government Code Section 54956.9(a): • Nellie Freeman v. Central Contra Costa Sanitary District, Contra Costa County Superior Court Case No. C10- 01142. June 16, 2011 Board Agenda Page 8 C. Closed Session pursuant to Government Code Section 54957.10 - Request for early withdrawal of funds from Deferred Compensation Plan. 13. REPORT OUT OF CLOSED SESSION 14. ADJOURNMENT June 16, 2011 Board Agenda Page 9 CENTRAL CONTRA COSTA SANITARY DISTRICT BOARD CALENDAR DATE/TIME MEETING /ATTENDEES LOCATION JUN 20'1'1 Monday Ad Hoc CCCERA Committee Meeting Third Floor Executive Conference Room June 20 Nejedly, McGill 3:00 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. Tuesday Special Board Meeting to Interview Pension and Third Floor Executive Conference Room July 12 Labor Negotiation Consultants 1:00 P.M. Board of Directors Monday Contra Costa Special Districts Association St. Andrews Presbyterian Church July 18 Meeting Pleasant Hill 10:00 a.m. Williams 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. AUGUST 2011 Monday Budget and Finance Committee Meeting Third Floor Executive Conference Room August 1 Nejedly, Hockett 3:00 p.m. Thursday Board Meeting Board Room August 4 Board of Directors 2:00 p.m. Monday Budget and Finance Committee Meeting Third Floor Executive Conference Room August 29 Nejedly, Hockett 3:00 p.m. Unless otherwise noted, all meetings are held at the District Office, 5019 Imhoff Place, Martinez, California. 6110/11