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Home My WebLink AboutBOARD MINUTES 01-12-12 (Special)MINUTES OF THE SPECIAL JOINT MEETING OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT AND CENTRAL CONTRA COSTA SANITARY DISTRICT FACILITIES FINANCING AUTHORITY HELD ON JANUARY 12, 2012 The Board of Directors of the Central Contra Costa Sanitary District and the Central Contra Costa Sanitary District Facilities Financing Authority convened in a special joint meeting at their regular place of business, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on Thursday, January 12, 2012. President Nejedly called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Hockett, McGill, Menesini, Williams, Nejedly ABSENT: Members: None a. PLEDGE OF ALLEGIANCE TO THE FLAG None. The Board and staff joined in the Pledge of Allegiance. 2. PUBLIC COMMENTS 3. AWARDS AND COMMENDATIONS a. ADOPT RESOLUTION 2012 -001 COMMENDING BARBARA D. HOCKETT FOR HER SERVICE AS PRESIDENT OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT BOARD OF DIRECTORS FOR 2011. It was moved by Member Williams and seconded by Member McGill to adopt Resolution 2012 -001 commending Barbara D. Hockett for her service as President of the Central Contra Costa Sanitary District Board of Directors for 2011. Motion passed by the following vote of the Board: AYES: Members: McGill, Menesini, Williams, Nejedly NOES: Members: None ABSTAIN: Members: Hockett Book 61 — Page 142 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of January 12, 2012 4. CONSENT CALENDAR It was moved by Member Menesini and seconded by Member McGill to adopt the Consent Calendar as recommended. Motion passed by unanimous vote of the Board. a. Approve minutes of Board meetings held on the following dates: 1) December 5, 2011; 2) December 8, 2011; and 3) December 12, 2011. b. Approve expenditures dated January 12, 2012. Reviewed by Budget and Finance Committee. C. Receive November 2011 Financial Statements and Investment Reports. Reviewed by Budget and Finance Committee. d. Adopt Resolution 2012 -002 approving amendments to the District's Section 457 Deferred Compensation Plan and the 401(a) Money Purchase Plan in accordance with the Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART) which amended the Internal Revenue Code. Reviewed by Budget and Finance Committee. None. e. Adopt Resolution 2012 -003 accepting a grant of easement from the Martinez Early Childhood Center, Inc., 615 Arch Street, Martinez (District Job 1847 — Parcel 1), and authorize staff to record documents with the Contra Costa County Recorder. Adopt Resolution 2012 -004 accepting a grant of easement from Culver L. Williams, Jr. and Beverly J. Williams for an easement at 1973 Dora Avenue in Walnut Creek (District Project 5972 — Parcel 18), and authorize staff to record documents with the Contra Costa County Recorder. g. Adopt Resolution 2012 -005 accepting a grant of easement from W. Thomas Amen and Donna M. Amen for an easement at 1056 Hacienda Drive in Walnut Creek (District Project 5992 — Parcel 1), and authorize staff to record documents with the Contra Costa County Recorder. h. Approve the Outfall Improvements, Phase 6, District Project 7290, for California Environmental Quality Act (CEQA) compliance and permitting purposes, find that the project is exempt from CEQA; and direct staff to file a Notice of Exemption with the Contra Costa County Clerk. 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Book 61— Page 143 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of January 12, 2012 6. REPORTS a. GENERAL MANAGER 1) Update re National Pollutant Discharge Elimination System (NPDES) Permit renewal General Manager James Kelly summarized the recent occurrences in the NPDES Permit renewal process. He reported that the Regional Water Quality Control Board (RWQCB) released a copy of the Tentative Order on September 29, 2011, to which it received four comment letters: two that support the Tentative Order and two that object to parts of the Tentative Order. The main objections came from the water contractors. District staff has worked with BACWA on their responses to the water contractors' letter and has submitted its own response letter. However, Bill Johnson of the RWQCB informed staff that the District's response would not be included as part of the record. General Manager James Kelly reported staffs intent to meet with water contractors and the RWQCB before the next Board Meeting. Staff hopes to determine if the water contractors plan to appeal the District's permit to the State Water Resources Control Board and to further develop the RWQCB's nutrient work plan that is being developed in conjunction with BACWA. Member McGill inquired if the District would have the opportunity to place its comments on the record at the upcoming February 8, 2012 hearing and emphasized ensuring that the District's comments are recorded. General Manager James Kelly responded that staff will ask that of the RWQCB at their meeting and would update the Board at a future Board Meeting. 2) Announcements The following written announcements were included with the agenda packet: a) Retirement of Laboratory Superintendent Bhupinder Dhaliwal b) Promotion of Maintenance Crew Leader Ed Silva c) Right -of -Way Agent Lisa Robertson's Training in Seattle, Washington from June 8 through June 10, 2012 d) Public Records Act Request from Bay Area News Group e) St. Mary's Road Contractual Assessment District (CAD) Community Meeting on January 26, 2012 f) Advertisement of Pumping Stations Equipment and Piping Replacement Project, District Project 5941 Book 61— Page 144 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of January 12, 2012 g) National Pollutant Discharge Elimination System (NPDES) and Title V Permit Compliance h) Record Low Number of Sewer Overflows in 2011 i) Treatment Plant Natural Gas Purchase The following additional written announcements were made at the meeting: j) California Water Environment Association (CWEA) Bay Section Safety and Mechanical Person Awarded to Plant Operations Department k) Status of the Audit of Fee - Application Practices I) Update on Contra Costa County Employees' Retirement Association ( CCCERA) Director of Administration Randy Musgraves referred to his January 12, 2012 memo to the Board and reported on the January 11, 2012 CCCERA Board meeting. He stated that CCCERA's focus was on their investments and meeting their goal of a 7.75% return. He noted that, from June 30, 2007 through June 30, 2011, the remaining amount to be smoothed over five years totaled $138,982,288, meaning that the return on investments for that period was $138,982,288 below the required 7.75 %. Of that amount, approximately $22 million will be allocated to the District. Staff has estimated that the District's Unfunded Actuarial Accrued Liability (UAAL) will increase from $100 million to $122 million. Mr. Musgraves also announced that CCCERA's Chief Investment Officer of seven years, Carey Hally, has resigned. b. COUNSEL FOR THE DISTRICT 1) Legal and legislative update District Counsel Kent Alm referred to his written update in the agenda packet. He stated that the Gregory Village Partners and Schaeffer litigations are set to be heard in State Court in February 2012. Mr. Alm also discussed selected Assembly Bills (AB) in his written legislative update. It was determined that, while the District's Facilities Financing Authority was set to convene in a simultaneous serial meeting of the Board meeting, AB 23 had no impact upon the District, as Board Members are awarded stipends per service day, not per meeting, as set forth in the Health and Safety Code. Book 61— Page 145 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of January 12, 2012 C. SECRETARY OF THE DISTRICT 1) Announce new law requiring posting of agendas on District website Secretary of the District Elaine Boehme referred to her memo in the agenda packet announcing that, beginning January 1, 2012, a portion of AB 1344 (Feuer) requires that every local agency with a website post its agendas on that website, as well as at a physical location, 72 hours before a regular meeting and 24 hours before a special meeting. She stated that staff will continue to ensure both Board and Committee agendas are posted in accordance with the law. 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 McGill Member McGill reported on the January 5, 2012 Contra Costa Mayors' Conference, hosted by the City of Martinez, featuring Congressman George Miller, and the January 10, 2012 Contra Costa Board of Supervisors Annual Board Reorganization Luncheon hosted by 2012 Chair, Supervisor Mary Nejedly Piepho. Member Williams Member Williams and President Nejedly reported on the January 9, 2012 Budget and Finance Committee meeting and summarized the Action Summary. Member Williams noted that the Committee recommended that the Board set a public hearing to discuss Board Member compensation and benefits and establishment of a regular annual public review, following Grand Jury Report No. 1104. An item will be placed on an upcoming Board agenda to do so. The Board received the report without comment. 2) Announcements a) Member McGill provided a written report covering Announcements and noted that he would be meeting with Brian Hooker, Congressional Staffer for Representative John Garamendi. b) Member McGill distributed an email from Peter Hellman of the Builders Land Group, a member of the public, written in appreciation of the customer service provided by the permit counter staff. Book 61— Page 146 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of January 12, 2012 7. BUDGET AND FINANCE a. ADJOURN BOARD MEETING AND RECONVENE AS THE CENTRAL CONTRA COSTA SANITARY DISTRICT FACILITIES FINANCING AUTHORITY TO CONDUCT ITS ANNUAL MEETING None. None. The Board of Directors of the Central Contra Costa Sanitary District adjourned at 2:37 p.m. to reconvene immediately as the Board of Directors of the Central Contra Costa Sanitary District Facilities Financing Authority to conduct its Annual Meeting. In compliance with Assembly Bill 23, Secretary of the District Elaine Boehme announced that Board Members will not be receiving a separate or increased stipend for this meeting. Thereafter, the Board reconvened as Central Contra Costa Sanitary District Board of Directors at 2:41 p.m. 8. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 9. SUGGESTIONS FOR FUTURE AGENDA ITEMS 10. CLOSED SESSION The Board recessed at 2:41 p.m. to reconvene in closed session in the Second Floor Conference Room to confer with Legal Counsel regarding the following matter: a. Conference with labor negotiators pursuant to Government Code Section 54957.6: District Negotiators: • Labor Negotiation and Benefits Counsel Edward L. Kreisberg, Esq. • General Manager James Kelly • Deputy General Manager /Director of Engineering Ann Farrell • Director of Administration Randall Musgraves • Human Resources Manager Christopher Ko • Secretary of the District Elaine Boehme Book 61— Page 147 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of January 12, 2012 Employee Organizations: • Employees' Association, Public Employees Union, Local One • Management Support/Confidential Group (MS /CG) • Management Group The Board recessed at 4:08 p.m. to reconvene in the Board Room in open session. 11. REPORT OUT OF CLOSED SESSION Labor Negotiation and Benefits Counsel Edward L. Kreisberg, Esq. reported that no reportable action was taken in closed session. 12. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at 4:09 p.m. G JapL4A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District C'OUNTEF?SIGP!ED: County of Contra Costa, State of California IFlaine R. Boehme, CMC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Book 61— Page 148