HomeMy WebLinkAbout03.a.1) Approval of June 2, 2011 Minutes:3.4.0
MINUTES OF THE REGULAR MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL. CONTRA COSTA SANITARY DISTRICT
HELD ON JUNE 2, 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, June 2, 2011.
President Hockett called the meeting to order and requested that the Secretary call roll.
The Board and staff joined in the ldge of Alleg
None.
Iliams, Hockett
NFOR
a. AUUt!VINV LtZ51 CKIV K UUIVAL AVVAK'U FUK LAULL LMA:
INTERNATIONAL PUBLIC MANAGEMENT ASSOCIATION — H
P-rbv sional Human R "ources Manager Christopher Ko presented the Board with the
Western Regional Award for Excellence from the IPMA -HR. In April, the Board was
given the Northern California Chapter of the IPMA -HR Agency of the Year Award for
Excel le The District's nomination was then forwarded to the Western Region, which
consists of si teen,' hapters spanning several states. With the award, the District was
commended as a Leader in automation and innovation, specifically for its leave
management system that works in conjunction with safety and risk management
procedures for on- the -job injuries and worker's compensation claims. Mr. Ko stated that
the District will now be eligible for the national award, which will be presented at the
IPMA -HR International Training Conference and Expo in September.
CENTRAL CONTRA COSTA SANITARY DISTRICT
Board Minutes of June 2, 2011
4. CONSENT CALENDAR
It was moved by Member McGill and seconded by Member Menesini to adopt the Consent
Calendar as recommended. Motion passed by the following vote of the Board:
AYES: Members: McGill, Menesini, Nejedly, Williams (items 4.a.2) —
4.g. only), Hockett
NOES: Members: None
ABSTAIN: Members: Williams (item 4.a.1) only)":'
Member Williams noted that he abstained from Item 4.a.1) qn:1he basis that he was not present
at the April 21, 2011 Board meeting.
a. Approve minutes of the following Board meetings:
1) April 21, 2011; and
2) May 5, 2011.
b. Approve expenditures dated June 2, 2011. Reviewed by Budget and Finance
Committee.
C. Receive April 2011 Financial Statements "and Investment Reports. Reviewed by Budget
and Finance Committee.
d. Deny claim for damages submitted by Xathleen Daly. Reviewed by Budget and Finance
Committee.
e. Authorize the General MaInagor,to renew insurance coverage for Fiscal Year 2011-12 for
excess liability, poll'ution',(Household, Hazardous Waste) liability, employment practices
liablil ptbp; erty coverage, and Workers", Compensation coverage. Reviewed by Budget
f. "Authorize the General Manager to execute an amendment to increase the cost ceiling of
61 existing consulting ;,services agreement with DKF Solutions from $23,000 to $75,000
to OrqVide safety program consulting services. Reviewed by Budget and Finance
9. Set July 7,'20-11,as 4he date and time for a public hearing to approve the final
assessments b 16
r�-;Sudn nyb rook Road Contractual Assessment District (CAD) No. 2010-1,
and consider placing the 2011-12 assessments on the Contra Costa County tax roll for
collection. Reviewed by Budget and Finance Committee.
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CENTRAL CONTRA COSTA SANITARY DISTRICT
Board Minutes of June 2, 2019
PUBLIC HEARINGS
a CONDUCT A PUBLIC HEARING ON THE FOLLOWING MATTER:
1) CONSIDER ADOPTING THE FISCAL YEAR 2011 -12 CAPITAL IMPROVEMENT
BUDGET (^C1B) FOR INCLUSION IN THE FISCAL YEAR 2011 -12 DISTRICT
BUDGET• APPROVING THE 2011 TEN -YEAR CAPITAL IMPROVEMENT PLAN
(CIP); AND MAKING THE FINDING THAT THESE DOCUMENTS ARE EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The staff presentation was made by Director of Engineering Ann Farrell, who
reviewed the information presented to the Board at its special meeting held
April 14, 2011 on the draft CIBICIP.
Under Public Comments, Mr. Norman ltt
in Lafayette, stated that he pays the pan
his one - bathroom apartments as other'h
He noted that basing rates on the nut,60+
equitable and stated that, in regard to th
increase, twenty percent over two years
d, owner of a 24 -unit apartment house
per unit per year for sewer service to
neowners with more bathrooms pay.
of toiled would seem more fair and
aropp,sed Sewer Service Charge rate
0,u -of line.
Ward's
the method of rate
uld be based on the number of toilets, flow
at the most common practice in the Bay
plied that some jurisdictions charge thirty to
and the justification for this sometimes
�ver, charging a standard fee for all
imon than any other single means of
In regard'-to the budget, Member Nejedly stated that the District has been running
at a deficit for three to four years and has paid dearly for revenues lost during the
two past years the Board did not institute a rate increase.
Member Williams stated the need to maintain, upgrade and rehabilitate the
District's equipment, meet regulatory requirements, meet permit limits and
maintain, the collection system to keep sanitary sewer overflows down. He noted
that the District strives to be frugal but needs to maintain its assets.
It was moved by Member McGill and seconded by Member Menesini to adopt the
Fiscal Year 2011 -12 Capital Improvement Budget for inclusion in the Fiscal Year
2011 -12 District Budget; approve the 2011 Ten -Year Capital Improvement Plan
and find that the documents are exempt from CEQA.
Member Williams made a substitute motion to adopt the Fiscal Year 2011 -12
Capital Improvement Budget absent the Recycled Water Program. In doing so,
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CENTRAL CONTRA COSTA SANITARYDISTRICT
Board Minutes of June 2, 2011
Member Williams stated that he was not against recycling water, but against
double charging some of the District's ratepayers who already pay for recycled
water through their water purveyor, East Bay Municipal Utility District (EBMUD).
Motion failed for lack of a second.
The motion to adopt the Fiscal Year 2011-12 Capital Improvement Budget for
inclusion in the Fiscal Year 2011-12 District Budget; approve the 2011 Ten-Year
Capital Improvement Plan and find that the documents are exempt from CEQA
passed by unanimous vote of the Board.
Member Williams supported the item but voiced his, concern about funding
recycled water when it is the responsibility of the water supply agency.
b. CONDUCT A PUBLIC HEARING ON THE FOLLOWING MATTERS.
These matters were reviewed by the Budget- and Finance Committee,
1 )
2011-12:
• 19ft:Ffi I V9116 Arij,
• DEBT SERVICE FU
• SELF-IIJSU:11JCE
Controller Debbie Ratcliff stated ' that,, as of 1:00 p,m. on June 2, 2011, a total of
101 legally -votlid written protests out of 105,200 mailed notices were received.
This represents less than a 0.1% response to the Proposition 218 notice. The
total rdsvonses were categorized as follows:
Opposition
128
Support
1
ISeniors (Request Senior Rate)
1
Questions
10
Parcels ,on Septic
2
Other Issues
7
Total
149
W-, �'Wendy Lack of Pleasant Hill, who also serves on the Board and Executive
Corrtrnit tee ,of the Contra Costa Taxpayers Association, stated her opinion that,
while th-6= District cannot control declining property values and construction
activity, it can reduce its operating costs. She claimed that the District cannot
afford to continue doing business as usual and must perform substantial cost-
cutting to reduce key cost drivers, citing pension and benefits, before asking
ratepayers to pay more for the same service. She stated that freezing positions is
not sufficient; the proposed rate increase will not solve financial problems; and,
left unchecked, the District's operating expenses will continue to escalate. She
submitted a letter suggesting areas in which the Board might consider cutting
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2)
CENTRAL CONTRA COSTA SANITARY DISTRICT
Board Minutes of June 2, 2011
costs. In conclusion, she urged the Board to defer the rate increase until changes
have been made to bring operating costs in line with revenues.
Ms. Jan Warren of Walnut Creek expressed her concerns about hidden ongoing
pension and medical costs. She requested more disclosure going forward in
terms of sharing information about pension and medical cost increases.
District Counsel Kent Alm noted that the motion needs to include the finding that
there was not a majority protest as indicated by the 101- legally-valid letters
received in opposition.
It was moved by Member Nejedly and seconded; by _mb M, er Williams to approve
and adopt the Fiscal Year 2011-12 0perations;a''hd Maintenance Budget, Debt
Service Fund Budget and Self-Insurance, Nod Budget arid .16 find that there was
not a majority protest as indicated by thereceipt of only 101 '160ally-valid letters in
opposition. Motion passed by unanimous vote of the Board.
CONSIDER ADOPTING UNCODIFIED ORDINANCE NO. 266 ESTABLISHING
AN INCREASE IN THE ANNUAL SEWER SERVICE CHARGE OF $30 FOR
FISCAL YEAR 2011-12-F=FFECTIVE JULY 1, 2011, FOR A TOTAL OF $341
PER RESIDENTIAL UNIT-JiWIVAILENT; AND AN ADDITIONAL $30 INCREASE
FOR FISCAL YEAR 2012A3,tFFECTIVE JULY, 1, 2012, FOR A TOTAL OF
$371 PER RESIDENTIAL UNIT EOUIVALENT
It was moved, by Member Nejedly and -secondod,by Member McGill to adopt
uncodified-Ord'inanceNo. 266 increasing the annual Sewer Service Charge by
$30 for fiscal Year 2011-12, effec'five July 1, 2011, for a total of $341 per
Residential Unit Equivalent; and anadditional $30 increase for Fiscal Year 2012-
13, effective. July 1, 2012, for a total of $371 per Residential Unit Equivalent.
Motion passed, by unanimous vote ofthe Board.
5
stroller Debbie Ratcliff noted that placing charges on the tax roll is the most
,t-effective m shod of collection, and staff recommends continuing with this
),to
,ach.
It was "ino'Ved by Member McGill and seconded by Member Williams to adopt
Resolution No. 2011-017 directing that the Sewer Service Charges for Fiscal
Years 2011-12 and 2012-13 be placed on the Contra Costa County tax roll for
collection. Motion passed by unanimous vote of the Board.
6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
5
a. AWARD i
103
a
CENTRAL CONTRA COSTA SANITARY DISTRICT
Board Minutes of June 2, 2011
7. BIDS AND AWARDS
CONSTRUCTION CONTRACT IN THE AMOUNT OF $111
PROJECT IS EXEMPT FROM CALIFORNIA ENVIROI
(CEQA); AND AUTHORIZE THE GENERAL MANAGE
CONTRACT DOCUMENTS SUBJECT TO SUBMITTA
General Manager James Kelly stated that this contract
link fence on the east side of the plant.
A
lace 5,200 feet of chain-
It was moved by Member McGill and seconded: b -Member Menesim
construction contract in the amount of $110,605-to Golden Bay Fenci
the lowest responsive bidder for the Perimeter- Fencing Project, Distri
that the project is exempt from California F--n"v"i ron mental Quality Act
authorize the General Manager to execute the ,,contractAo'cuments st
requirements. Motion passed by unanimous 'v'6"'te,of1h6" Board.
A
9M
03
General Manager James
"
feet of sewer lines, in Lafi
It was moved by Mehibei
$948; find that the
execute the contra
unanimous vote of
74
award a
'lus Iron Works,
:Ireject 7282-, find
QAI,,and
act to submittal
il O Am
(ell !stated that: this contract will video inspect 750,000 linear
te and Orinda.
McGill and seconded by Member Nejedly to award a
a amount of $672,285 to Roto Rooter Plumbing Services, the
he Sewer TV Inspection Project (Phase 2), District Project
is- exempt from CEQA; and authorize the General Manager to
mehts'subject to submittal requirements. Motion passed by
ard.
1 ) Update on Collection System Operations Facility, District Proiect 8208
Associate Engineer Paul Seitz presented the regular construction progress
update on the Collection System Operations (CSO) Facility project. He showed
photos of the construction and reported that the ongoing construction focus
includes installation of wall insulation; drywall taping and finishing; continuation of
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CENTRAL CONTRA COSTA SANITARY DISTRICT
Board Minutes of June 2, 2091
mechanical, electrical and plumbing work; building siding and various yard
improvements. The facility is on schedule with PG &E for power installation on
June 15.
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CENTRAL CONTRA COSTA SANITARY DISTRICT
Board Minutes of June 2, 2011
b. COUNSEL FOR THE DISTRICT
District Counsel Kent Alm announced the closed sessions as indicated on the agenda.
1 SETTLEMENT OF CLAIM REGARDING SEWER OVERFLOW AT 3320
WOODVIEW COURT, LAFAYETTE (CONTINUED FROM MAY 19, 2011)
District Counsel Kent Alm reported that this claim was addressed in closed
session and settled, with the District essentially paying, of remediating
the damage to the house. The payment to the clairrtortt;'Ms. Cheryl Cohen,
totaled approximately $135,000 and covered reco I nstr0ction and all other costs
associated with it. Copies of the settlement agree mi en t are available as a public
record.
C. SECRETARY OF THE DISTRICT
Member 'Williams reported that he was unable to attend the previous Board
meeting because of his participation in a meeting of the Organization for
International Standards (ISO), which was scheduled a year ago. Specifically, he
served on a committee to develop standards for improving asset management for
water and wastewater utilities. Fully funded by the National Association of Clean
Water Agencies (NACWA), he represented the United States, one of sixty
participating countries, as a wastewater technical expert.
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CENTRAL CONTRA COSTA SANITARY DISTRICT
Board Minutes of June 2, 2011
2) Announcements
a) Member McGill provided a written report covering Announcements.
9. ENGINEERING
a. AUTHORIZE THE GENERAL MANAGER TO AMEND AN EXISTING PROFESSIONAL
SERVICES AGREEMENT IN THE AMOUNT OF $350,000, TO INCREASE THE COST
CEILING FROM $235.000 TO $585.000. WITH URS FOR,THE ALTERNATIVE
ENERGY AND GREENHOUSE GAS REDUCTION PLAWDISTRICT PROJECT 7256
The Budget and Finance Committee reviewed this, matter at its May 31, 2011 meeting,
where Chair Nejedly expressed concern about'spooding money to conduct research for
A
a treatment plant process that will not be funded in the Capital Improvement Plan (CIP)
for several years, if at all. Director of Engineering Ann Farrell provided the Board with a
copy of a presentation detailing staff's recommendation,,ppr General Manager
Announcement 8.a.3)k), that the work be d6ferred and;thoe item be pulled from the
agenda.
a. AUTHORIZE THE
0
None.
MAINTENAN(
FOR $1,250,C
The BudgetA
and recomme
It was moved
)R A TERM OF F
ance CGMWmittee
,,ral Manager to
p GTS (Gas Tu
ad by unanim6l
this matter at its May 31, 2011 meeting
)er Nejedly and seconded by Member Williams to authorize the
(acute a cogeneration system maintenance contract with Wood
ine-Services) for $1,250,000 for a term of five years. Motion
vote bf'the Board.
11,1W
12. SUGGESTIONS FOR FUTURE AGENDA ITEMS
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CENTRAL CONTRA COSTA SANITARY DISTRICT
Board Minutes of June 2, 2011
13. CLOSED SESSION
The Board recessed at 3:13 p.m. to reconvene in closed session in the Caucus Room
regarding the following matters:
a. Conference with Legal Counsel regarding existing litigation pursuant to Government
Code Section 54956.9(a):
LIWIW-1_1XIATAW t1f;bOV-11i M. "I -
Contra Costa Sanitary District, U.S. District Court,
Case No. CV 11 1597 JCS.
b. Conference with Legal Counsel - Anticipated Litigatioi
pursuant to Government Code Section 54956.R(b),.t'
• Schaeffer claim (Paladin Law Group).
C. Conference with Legal Counsel - Anticipat&d1itigatioi
Government Code Section 54956.9(c):
• Chevron ad valorem tax reimbursement issue.
The Board recessed at 3:50 p.m. to reconvene in the Board
District Counsel Ker
3.b. However, with
the County's distribl.
bringing such a suit.
M
r 7 me I MIS
of California,
exposure to litigation
open session.
uantto
6 reported that no action was taken in closed session on Items 3.a. or
rd to 3.c., the'Board authorized joining a piece of litigation to contest
methodo,logy-and join with other public agencies that are jointly
15. ADJOURNMENT
ass to come before the Board, President Hockett adjourned the
Barbara D. Hockett
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Elaine R. Boehme, CMC
Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California
im