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Home My WebLink AboutACTION SUMMARY 06-16-11Central Contra Costa Sanitary District BOARD MEETING ACTION SUMMARY Board Room Thursday June 16, 2011 2:00 p.m. 1. ROLL CALL PRESENT: Members: McGill, Nejedly, Williams, Hockett ABSENT: Members: Menesini a. Pledge of Allegiance to the Flag. BOARD ACTION: Said Pledge of Allegiance. 2. PUBLIC COMMENTS None. 3. AWARDS AND COMMENDATIONS BOARD OF DIRECTORS. BARBARA D. HOCKEIT 1'residenr JAMES A. NIVEDLY I'residen! Pro 'I'cnt MICHAEL R. McGILL MAR10 H. MFNF.S1N1 DAVID R. WILLIAHS PHONE: (925) 228 -9500 FAX.- (925) 676 -7211 www.centralsan.org a. Presentation of the Comprehensive Annual Financial Report (CAFR) award for the Fiscal Year ended June 30, 2010. BOARD ACTION: Accepted the award from Controller Debbie Ratcliff. 4. CONSENT CALENDAR 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. ® Recycled Paper June 16, 2011 Board Action Summary Page 2 e. Approve medical leave of absence without pay for Maintenance Crew Member Il 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. BOARD ACTION: Adopted the Consent Calendar as recommended. 5. PUBLIC HEARINGS a. Conduct public hearing to receive comments on the following matters. Reviewed by Budget and Finance Committee: 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. BOARD ACTION: Directed staff to send an invoice to the Reginatos allowing three months in which to pay the entire balance owed of $2,190.56, and adopted Resolution 2011 -019 directing that a Certificate of Unpaid Charges be recorded as proposed if the entire balance is not paid by September 16, 2011. 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 June 16, 2011 Board Action Summary Page 3 • 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. BOARD ACTION: Directed staff to approve a payment agreement with the business owners of Monsoon Masala Restaurant covering the $28,260.96 balance owed, under terms similar to what would have been in place had a 15 -year capacity use agreement been entered into at the inception of the business in 2007; the payment agreement will be for a term of roughly 11 years, with the balance divided into equal monthly installments with interest calculated at the prevailing interest rate for the District's capacity use agreements. This payment agreement was with the understanding that if at any time payments become delinquent by more than 30 days, staff will return to the Board to request adoption of a resolution directing that a Certificate of Unpaid Charges be recorded against the current property owner. 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. • 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. BOARD ACTION: • Adopted Resolution 2011 -023 extending the Connection Fee Deferral Program for subdivisions for two years, to June 30, 2013; and • Adopted Ordinance No. 267 (uncodified) reinstating the Connection Fee Deferral Program participation fees as proposed. 6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item 9.a. was taken 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 June 16, 2011 Board Action Summary Page 4 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 Aztec Consultants, Inc.; and authorized 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. BOARD ACTION: Found that the project is exempt from CEQA; awarded construction contract to Precision Engineering, Inc.; and authorized the General Manager to execute contract documents subject to submittal requirements. 8. REPORTS a. General Manager 1) Update on Collection System Operations Facility, District Project 8208. 2) Update on Contra Costa County Employees' Retirement Association (CCCERA). 3) Update on pension reform legislation. 4) Title V Permit renewal application. BOARD ACTION: Received the reports. 5) Location for 2012 labor negotiations. Reviewed by Human Resources Committee. BOARD ACTION: Directed staff to hold the 2012 labor negotiations at JFK University. 6) Announcements a) Status of inquiry by County Hazardous Materials Program re discharge at Moraga Pump Station — matter resolved June 16, 2011 Board Action Summary Page 5 b) Recent bid results on chemicals (centrifuge polymer and sodium hypochlorite) for Fiscal Year 2011 -12 will provide significant savings to District c) July 12, 2011 Special Board meeting scheduled to interview three benefits and labor negotiations consultants BOARD ACTION: Received the announcements. b. Counsel for the District Announced that no closed session was needed for Item 12.b. because a demurrer was granted yesterday effectively dismissing the District from the litigation. G. Secretary of the District No reports. 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 Williams • June 2, 2011 — Contra Costa Mayors' Conference hosted by the City of Lafayette. Speaker: Will Durst, political satirist (expenses). 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). June 16, 2011 Board Action Summary Page 6 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). President Hockett noted that she was unable to attend this event. • 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). BOARD ACTION: Received the reports. 2) Consider following Board discussion items: a. Consider scheduling a Board retreat to discuss strategic planning --- Member McGill BOARD ACTION: Authorized scheduling a Board retreat to discuss priorities and strategic planning. b. Consider forming an Ad Hoc Committee to analyze 2011 -12 Succession Planning — President Hockett BOARD ACTION: Created Ad Hoc Committee of Board President Hockett and Member McGill to analyze 2011 -12 succession planning. 3) Announcements Member McGill provided a written report covering Announcements. He also announced that the Local Agency Formation Commission recently nominated the District for the "Project of the Year" award for its work on annexations. BOARD ACTION: Received the announcements. June 16, 2011 Board Action Summary 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. BOARD ACTION: Received the 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. BOARD ACTION: Adopted Resolution 2011 -024 and adopted 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. BOARD ACTION: Approved draft response. 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 11. SUGGESTIONS FOR FUTURE AGENDA ITEMS None. 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): June 16, 2011 Board Action Summary Page 8 • Nellie Freeman v. Central Contra Costa Sanitary District, Contra Costa County Superior Court Case No. C10- 01142. C. Closed Session pursuant to Government Code Section 54957.10 - Request for early withdrawal of funds from Deferred Compensation Plan. BOARD ACTION: Held closed session on Item 12.a. only. 13. REPORT OUT OF CLOSED SESSION No reportable action. 14. ADJOURNMENT — at 4:49 p.m.