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HomeMy WebLinkAboutBOARD MINUTES 07-07-11MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 7, 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, July 7, 2011. President Hockett called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: McGill, Nejedly, Williams, Hockett ABSENT: Members: Menesini a. PLEDGE OF ALLEGIANCE TO THE FLAG The Board and staff joined in the Pledge of Allegiance. b. INTRODUCTION OF THE FOLLOWING NEW EMPLOYEE: None. Board Members welcomed Associate Control Systems Engineer, Charles Burnash. 2. PUBLIC COMMENTS 3. CONSENT CALENDAR It was moved by Member Nejedly and seconded by Member Williams to adopt the Consent Calendar as recommended. Motion passed by the following vote of the Board: AYES: Members: McGill, Nejedly, Williams, Hockett NOES: Members: None ABSENT: Members: Menesini a. Approve minutes of the following Board meetings: 1) June 2, 2011; and 2) June 16, 2011. b. Approve expenditures dated July 7, 2011. Reviewed by Budget and Finance Committee. Book 61 — Page 26 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 7, 2011 I C. Receive May 2011 Financial Statements and Investment Reports. Reviewed by Budget and Finance Committee. d. Deny claim for damages submitted by Ernie Guerrero. Reviewed by Budget and Finance Committee. e. Deny claim for damages submitted by Dennis Belillo. Reviewed by Budget and Finance Committee. f. Approve modifications to Mechanical Supervisor job classification description. Approval recommended by Human Resources Committee. g. Set August 4, 2011 at 2:00 p.m. as the date and time for a public hearing to consider placing Fiscal Year 2011 -12 assessments for installment payment programs on the Contra Costa County tax roll for collection. h. Confirm publication of a summary of District Ordinance No. 264 adopting an uncodified Schedule of Environmental and Development - Related Rates and Charges in accordance with Chapter 6.30 of the District Code. i. Confirm publication of a summary of District Ordinance No. 265 adopting an uncodified ' Schedule of Capacity Fees, Rates and Charges in accordance with Chapter 6.12 of the District Code. j. Authorize the General Manager to execute a professional services agreement with Information Mapping in an amount not to exceed $35,000 for assistance with Standard Operating Procedure Development for the Treatment Plant — Phase One of Five. Reviewed by Budget and Finance Committee. 4. PUBLIC HEARINGS a. CONDUCT PUBLIC HEARING TO CONSIDER ADOPTING (1) RESOLUTION 2011 -025 CONFIRMING AND LEVYING FINAL ASSESSMENTS FOR THE SUNNYBROOK ROAD CONTRACTUAL ASSESSMENT DISTRICT (CAD) NO. 2010 -1; AND (2) RESOLUTION 2011 -026 DIRECTING THAT THE 2011 -12 ASSESSMENTS BE PLACED ON THE CONTRA COSTA COUNTY TAX ROLL FOR COLLECTION Principal Engineer Jarred Miyamoto -Mills stated that work on the Sunnybrook Road CAD in Alamo was completed in February 2011, at a final cost of $161,244.02. It is the first CAD since the reinstatement of the program. Fourteen of the sixteen property owners who could benefit are participating, and those who opt to prepay will avoid placement of annual assessments on 'the tax roll. Financing is at a six percent annual rate. In order for the District to submit the charges to the County, four affirmative votes are needed from the Board prior to August 10, 2011. Book 61 — Page 27 CENTRAL CONTRA COSTA SANITARYDISTRICT Board Minutes of July 7, 2011 The public hearing was opened and closed without comment. It was moved by Member Nejedly and seconded by Member McGill to adopt (1) Resolution 2011 -025 confirming and levying final assessments for the Sunnybrook Road Contractual Assessment District (CAD) No. 2010 -1; and (2) Resolution 2011 -026 directing that the 2011 -12 assessments be placed on the Contra Costa County tax roll for collection. Motion passed by the following vote of the Board: None. AYES: Members: McGill, Nejedly, Williams, Hockett NOES: Members: None ABSENT: Members: Menesini 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER 6. BIDS AND AWARDS a. AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $1,338,000 TO K. J WOODS, INC. THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR THE WALNUT CREEK SEWER RENOVATIONS, PHASE 8, DISTRICT PROJECT 5992: 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 General Manager James Kelly stated that the Walnut Creek Sewer Renovations, Phase 8, project is part of the Collection System Renovation Program, which consists of installing replacing and rehabilitating approximately 10,000 feet of six- to twelve -inch sewer pipe through open -cut and pipe- bursting construction methods. It was moved by Member McGill and seconded by Member Nejedly to award a construction contract in the amount of $1,338,000 to K. J. Woods, Inc., the lowest responsive and responsible bidder for the Walnut Creek Sewer Renovations, Phase 8, District Project 5992; 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. Motion passed by the following vote of the Board: AYES: Members: McGill, Nejedly, Williams, Hockett NOES: Members: None ABSENT: Members: Menesini Book 61— Page 28 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 7, 2011 '7. REPORTS a. GENERAL MANAGER 1) Update on Collection System Operations Department Facility District Project 8208 General Manager James Kelly announced that a few days' construction was lost due to the original drywall subcontractor's limited resources. Completion is projected for the end of October. Senior Engineer Alex Rozul presented the regular construction progress update on the Collection System Operations Facility project. He showed photos of the construction and stated that the ongoing construction focus includes installing drywall, interior paint, tile and T -bar ceilings, and continuing with mechanical, electrical, plumbing and various yard improvements. PG &E's electric service has been completed and pervious concrete pavement has been installed. 2) Update on Contra Costa County Employees' Retirement Association (CCCERA) General Manager James Kelly announced that the Board was provided a copy of the June 15, 2011 CCCERA Board meeting agenda and related agenda material, ' as well as a memo summarizing items of interest to the District. 3) Update on pension reform legislation General Manager James Kelly announced that Assembly Bill (AB) 340 and Senate Bill (SB) 27 continue to be the two primary bills for pension reform. AB 340 passed the Assembly on May 12, 2011 and is now scheduled for a third reading in the Senate. SB 27 has passed the Senate and is scheduled for a hearing in the Assembly on July 6, 2011. 4) Announcements The following written announcements were included with the agenda packet: a) Summer Student Safety Picnic on July 20, 2011 b) Staff to Attend Water Environment Federation Technical Exhibition and Conference in Los Angeles from October 15 through October 19, 2011 c) Margaret Orr to Attend National Clean Water Agencies' Summer Conference from July 19 through July 22, 2011 in Chicago, Illinois ' The following additional written announcements were made at the meeting: d) Harper Lane CAD Community Meeting on July 11, 2011 Book 61 — Page 29 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 7, 2011 e) City Of San Ramon Request to Renegotiate the Household I Hazardous Waste (HHW) Collection Services Agreement b. COUNSEL FOR THE DISTRICT District Counsel Kent Alm announced the four Closed Session Items 11.a. —.d. C. SECRETARY OF THE DISTRICT Acting Secretary of the District Donna Anderson announced the upcoming Household Hazardous Waste Committee meeting, scheduled for July 11 at 10:00 a.m., and the Special Board meeting, scheduled for July 12 at 1:00 p.m. d. BOARD MEMBERS 1) Board Member reports on recent meetings for which they received the stipend: 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 Williams Member Williams reported that he will be in Chicago assuming the presidency of ' National Association of Clean Water Agencies (NACWA) during the week of the next Board meeting on July 21 but did not foresee any additional conflicts preventing his attendance at Board meetings for the remainder of the year. He stated that prior conflicts were in existence at the time of his election. Member McGill Member McGill reported on the June 29, 2011 Horizon Leadership Series, a recurring series of dynamic interactions with major decision makers regarding the future of this region. This event featured Congressman John Garamendi. Member Neiedly Member Nejedly and Member McGill reported on the June 20, 2011 Ad Hoc CCCERA Committee meeting, during which the Committee reviewed a draft letter to CCCERA. A future Committee meeting has been scheduled with CCCERA Board and staff members on July 20, 2011. The Board received the report without comments. Member Nejedly and President Hockett reported on the July 5, 2011 Budget and ' Finance Committee meeting and summarized the Action Summary. The Board received the report without comments. President Hockett Book 61— Page 30 CENTRAL CONTRA COSTA SANITARYDISTRICT Board Minutes of July 7, 2011 ' President Hockett and Member McGill reported on the June 23, 28, 30 and July 1, 2011 meetings of the Ad Hoc Committee on 2011 -12 Succession Planning. President Hockett stated that the Committee had the opportunity to meet with Department Directors and General Manager James Kelly to develop strategies for the future. The Board received the report without comments. 2) Provide direction regarding election of one of the following candidates as representative to the California Special Districts Association (CSDA) Board for Region 3, Seat C, for a three -year term: • Stanley R. Caldwell (incumbent) • Kathryn Slater -Carter It was moved by Member Nejedly and seconded by Member McGill to direct the Board representative to submit a vote for Stanley R. Caldwell in the election of the representative to the California Special Districts Association (CSDA) Board for Region 3, Seat C, for a three -year term. Motion passed by the following vote of the Board: 3) Provide direction to the District's voting delegate Michael McGill (Alternate), for the CSDA- Contra Costa County Chapter regarding the District's vote to fill the vacant Member -at -Large position on the Contra Costa County Chapter Executive Committee with one of the following candidates: Stanley R. Caldwell David R. Williams Member Williams stated that, at the time of the CCSDA meeting on July 18, he will be assuming the presidency of NACWA and asked Member McGill to relay his apologies. Member Nejedly stated that he was willing to vote for Member Williams but noted that Member Williams may be spreading himself thin and that he hopes it will not affect his ability to participate in District Board meetings. Member Williams duly noted Member Nejedly's concern. It was moved by Member McGill and seconded by President Hockett to direct voting delegate Member McGill (Alternate) to vote for David R. Williams to fill the vacant Member - at -Large position. Motion passed by the following vote of the Board: AYES: Members: McGill, Nejedly, Williams, Hockett NOES: Members: None ABSENT: Members: Menesini Book 61 — Page 31 AYES: Members: McGill, Nejedly, Williams, Hockett NOES: Members: None ' ABSENT: Members: Menesini 3) Provide direction to the District's voting delegate Michael McGill (Alternate), for the CSDA- Contra Costa County Chapter regarding the District's vote to fill the vacant Member -at -Large position on the Contra Costa County Chapter Executive Committee with one of the following candidates: Stanley R. Caldwell David R. Williams Member Williams stated that, at the time of the CCSDA meeting on July 18, he will be assuming the presidency of NACWA and asked Member McGill to relay his apologies. Member Nejedly stated that he was willing to vote for Member Williams but noted that Member Williams may be spreading himself thin and that he hopes it will not affect his ability to participate in District Board meetings. Member Williams duly noted Member Nejedly's concern. It was moved by Member McGill and seconded by President Hockett to direct voting delegate Member McGill (Alternate) to vote for David R. Williams to fill the vacant Member - at -Large position. Motion passed by the following vote of the Board: AYES: Members: McGill, Nejedly, Williams, Hockett NOES: Members: None ABSENT: Members: Menesini Book 61 — Page 31 CENTRAL CONTRA COSTA SANITARYDISTRICT Board Minutes of July 7, 2011 4) Provide direction regarding proposed amendments to California Special Districts I Association Bylaws Member Williams stated that the proposed amendments bolster the power of the overall state association by requiring all newly- formed chapters to have all of their members as dues - paying members of the CSDA as well. He recommended the Board vote in support of the amendments as they do not impact existing members. The Board directed the Board representative to submit a vote supporting the proposed amendments. 5) Announcements a) Member McGill provided a written report covering Announcements. 8. TREATMENT PLANT a. AUTHORIZE THE GENERAL MANAGER TO PRE - PURCHASE NATURAL GAS THROUGH A SERVICE AGREEMENT WITH SHELL ENERGY NORTH AMERICA LP This matter was recommended for Board approval by the Budget and Finance Committee at its I July 5, 2011 meeting. It was moved by Member McGill and seconded by Member Nejedly to authorize the General Manager to pre - purchase natural gas through a service agreement with Shell Energy North America, LP, for the period January 1, 2013 through December 31, 2014, at a price not to exceed $6.00 per decatherm. Motion passed by the following vote of the Board: AYES: Members: McGill, Nejedly, Williams, Hockett NOES: Members: None ABSENT: Members: Menesini b. AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AMENDMENT TO AN EXISTING PROFESSIONAL SERVICES AGREEMENT WITH RMC WATER AND ENVIRONMENT IN THE AMOUNT OF $135,000 FOR A NEW CONTRACT CEILING OF $185,000 FOR ASSISTANCE WITH THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT RENEWAL PROCESS Plant Operations Division Manager Randy Grieb stated that the District's permit does not expire until March 31, 2012, which would require the renewal application be submitted September 30, 2011. However, the Regional Water Quality Control Board (RWQCB) has requested early submittal, as they would like to renew the District's permit this year. The District hired RMC ' Water and Environment for assistance with development of the Report of Waste Discharge (ROWD) that was submitted on June 1, 2011. The initial phase of this work cost roughly $50,000. The RWQCB has requested early submittal of the remaining components of the Book 61— Page 32 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 7, 2011 application as well, including the Chronic Toxicity Screening Study, which was completed in June 2011 and will likely be submitted in July. RMC Water and Environment's services would be used to help complete on an accelerated basis the Reasonable Potential Analysis Review, draft Permit Review, permit negotiations and to deal with any follow -up issues. In response to questions from Members McGill and Williams, General Manager James Kelly said expenditure of the full $185,000 is unlikely, but staff has requested this amount to have the flexibility to respond to any issues raised by the RWQCB in a timely fashion. It was moved by Member McGill and seconded by Member Williams to authorize the General Manager to execute an amendment to an existing professional services agreement with RMC Water and Environment in the amount of $135,000 for a new contract ceiling of $185,000 for assistance with the National Pollutant Discharge Elimination System (NPDES) permit renewal process. Motion passed by the following vote of the Board: AYES: Members: McGill, Nejedly, Williams, Hockett NOES: Members: None ABSENT: Members: Menesini 9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. ' 10. SUGGESTIONS FOR FUTURE AGENDA ITEMS None. 11. CLOSED SESSION The Board recessed at 2:53 p.m. to reconvene in closed session in the Caucus Room t - - regarding the following matters: a. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(a): =; • Schaeffer, et al v Gregory Village Partners L P Central Contra-. Costa Sanitary District, et al., Contra Costa County Superior Court Case No. MSC11- 01307. b. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(a): • City of Brentwood et al v Robert Campbell et al., Contra Costa County ' Superior Court Case No. N11 -1029. (Chevron ad valorem tax reimbursement issue.) Book 61— Page 33 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 7, 2011 C. Conference with Legal Counsel — Anticipated Litigation — significant exposure to litigation pursuant to Government Code Section 54956.9(b) — one potential case: ' • Pimentel d. Personnel matter pursuant to Government Code Section 54957 — Performance Evaluation for General Manager. The Board recessed at 3:20 p.m. to reconvene in the Board Room in open session. 10. REPORT OUT OF CLOSED SESSION District Counsel Kent Alm reported that no action was taken in closed session. 13. ADJOURNMENT There being no further business to come before the Board, President Hockett adjourned the meeting at 3:52 p.m. / li a 4 A a D. Hockett , President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boeihme, CIVIC Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California i Book 61 — Page 34