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HomeMy WebLinkAbout04.a.2) Approve minutes of Board Meeting held April 19, 2012MINUTES OF THE REGULAR MEETING / • OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON APRIL 19, 2012 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, April 19, 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 The Board and staff joined in the Pledge of Allegiance. 2. PUBLIC COMMENTS There were no public comments. 3. AWARDS AND COMMENDATIONS a. ACCEPT $14,053 REBATE CHECK FROM PACIFIC GAS AND ELECTRIC COMPANY (PG &E) Associate Engineer Edgar Lopez, who was responsible for overseeing completion of the new Collection System Operations (CSO) facility in Walnut Creek, said that as part of the design of the CSO facility, the District teamed up with engineers from PG &E under its Savings by Design New Construction Program. This effort helped specify higher efficiency equipment, lighting and other systems, which resulted in the District qualifying for a rebate under the program. He introduced Customer Relations Manager Bill McLaren of PG &E who complimented the District for going well beyond the current, challenging energy efficiency requirements. Anticipated energy savings are approximately 57 kwh per year, the equivalent energy consumption of four homes, and greenhouse gas reduction equates to taking four cars off the road. Mr. McLaren presented a rebate check in the amount of $14,053 to Board President James Nejedly in recognition of the District's significant reduction in energy consumption at the new CSO Building. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of April 19, 2012 4. CONSENT CALENDAR It was moved by Member Hockett 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) March 15, 2012; and 2) March 29, 2012. b. Approve expenditures dated April 19, 2012. Reviewed by Budget and Finance Committee. C. Approve proposed Board Member conference attendance for Fiscal Year 2012 -13. d. Set June 7, 2012 at 2:00 p.m. as the date and time for a public hearing to consider placing the following on the Contra Costa County tax roll for collection. Reviewed by Budget and Finance Committee. • Fiscal Year 2012 -13 Capacity Use Charges; • Fiscal Year 2012 -13 Assessments for Contractual Assessment Districts and Alhambra Valley Assessment Districts; and • Fiscal Year 2012 -13 Assessments for Fee Deferrals. e. Adopt Resolution 2012 -027 adopting the Labor Compliance Program requirements of Proposition 84; approving Contractor Compliance and Monitoring, Inc. (CCMI) as the third party labor compliance program administrator; and authorizing staff and CCMI to submit all necessary labor compliance program forms, applications and information to the California Department of Industrial Relations for the Concord Landscape Project, District Project 7299. f. Adopt Resolution 2012 -028 accepting grants of easement from John and Pamela MacLennan, James D. Gray and Marie Felde, Kimberly D. McCue, Richard and Marsha A. Servetnick, James C. and Dianne D. Chandler, Craig E. and Linda Epperson, and Our Savior's Lutheran Church, property owners of 656 Sweet Court, 653 Jennie Court, 727 Glenside Drive, 3555 Via Los Colorados, 3549 Via Los Colorados, 3557 Via Los Colorados, 1003 Carol Lane, and 1035 Carol Lane, respectively, in Lafayette; and authorizing staff to record documents with the Contra Costa County Recorder. g. Adopt Resolution 2012 -029 authorizing the execution and recording of quitclaim deeds for sewer easements to Our Savior's Lutheran Church in Lafayette, Job 227. h. Adopt revised job classification for Information Technology Analyst. 2 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of April 19, 2012 5. PUBLIC HEARINGS a. CONDUCT PUBLIC HEARINGS ON THE FOLLOWING MATTERS: 1) Consider adopting Uncodified Ordinance No. 271 to replace the "Schedule of Environmental and Development - Related Rates and Charges" adopted pursuant to Ordinance No. 264 in accordance with District Code Chapter 6.30 2) Consider adopting Uncodified Ordinance No. 272 to replace the "Schedule of Capacity Fees, Rates and Charges" adopted pursuant to Ordinance No. 265 in accordance with District Code Chapter 6.12 General Manager Ann Farrell said that items 5.a.1) and 5.a.2) had been discussed with the Budget and Finance Committee on several occasions. Senior Engineer Tom Godsey described outreach efforts to notify interested parties of the proposed rate changes which, if approved, will become effective July 2, 2012. No letters, email messages or phone calls were received, nor did any customers attend the April 10, 2012 informal meeting. Mr. Godsey explained that capacity fees are one -time "buy -in" fees charged at the time of connection. Proceeds are used for capital facility needs. Capacity fees are adjusted annually. If an estimated 800 new units are connected during Fiscal Year 2012 -13, additional capacity fee revenue based on the proposed fee increase would be roughly $272,250. With regard to environmental services and development - related rates and charges, Mr. Godsey said the proposed annual adjustments account for changes in level of effort, salaries, benefits and overhead to accomplish full cost recovery. A total of 64 fees would increase from 1.5 percent to 12.9 percent. The anticipated revenue from the proposed increases in these fees would be less than $100,000 in the coming fiscal year. Mr. Godsey said the staff recommends adoption of proposed Ordinance Nos. 271 and 272 as presented in the agenda packet. The public hearings on both items 5.a.1) and 5.a.2) were opened and closed without comment. President Nejedly noted that.since he has served on the Board, there has been little to no response from the community and developers with regard to these annual rate and fee changes; he said this is a testament that the District's outreach methods and process for dealing with these matters is appropriate and sound. It was moved by Member Menesini and seconded by Member Hockett to adopt Uncodified Ordinance No. 271 to replace the "Schedule of Environmental and Development - Related Rates and Charges" adopted by Ordinance No. 264 in accordance with District Code Chapter 6.30, and to adopt Uncodified Ordinance 3 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of April 19, 2012 No. 272 to replace the "Schedule of Capacity Fees, Rates and Charges" adopted by Ordinance No. 265 in accordance with District Code Chapter 6.12. Motion passed by unanimous vote of the Board. 6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 7. BIDS AND AWARDS a. AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $2,234,500 TO SIERRA MOUNTAIN CONSTRUCTION, INC. FOR THE OUTFALL IMPROVEMENTS, PHASE 6, DISTRICT PROJECT 7290 It was moved by Member Hockett and seconded by Member McGill to award a construction contract in the amount of $2,234,500 to Sierra Mountain Construction, Inc., the lowest responsive and responsible bidder for the Outfall Improvements, Phase 6, District Project 7290; authorize the General Manager to execute the contract documents subject to submittal requirements; and approve a supplemental authorization of $4,000,000 for the Treatment Plant Program of the Fiscal Year 2011 -12 Capital Improvement Budget. Motion passed by unanimous vote of the Board. 8. REPORTS a. GENERAL MANAGER 1) Update on permit counter and connection fee collection matters. Senior Engineer Tom Godsey said that since he last updated the Board on this subject staff has prepared a detailed procedures handbook for use by temporary accounting staff as they investigate items on the Outstanding Fees Report Analysis. Training on various software programs has been completed. The fee collection process is continuing for properties where fees due had been identified prior to the current evaluation effort. Staff has also met with the County Building Permit Department, which provides services for Lafayette, Orinda, Moraga, Alamo and other unincorporated areas, to seek improved inter - agency collaboration with regard to final sign - offs for certificates of occupancy. The County has tentatively agreed to allow the District to sign off on all final inspections. The City of Pleasant Hill has already agreed to this proposal; the next step is to schedule a meeting with the City of Walnut Creek. Finally, he said septic tank abandonment records have been obtained from the County Environmental Health Division to facilitate resolving outstanding applications for septic tank conversions. r u CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of April 19, 2012 Mr. Godsey addressed the Bartle Wells Associates' recommendation to charge connection fees at the time of plan review rather than at the time of connection, noting that it may create a burden for the District's customers. While fee deferrals are currently available to developers through the District's Fee Deferral Program and to property owners converting from septic systems, there is currently no mechanism in place to minimize the burden of "up front" payment of connection fees to other groups of ratepayers. The Board could decide to expand the District's fee deferral/ installment payment programs as needed to minimize the burden of "up front" payments. Alternatively, he said the District could develop a process for administrative follow -ups with notices to customers, and field checks by development inspectors. This, coupled with the inter - agency agreements for final inspection sign -offs, would go a long way toward mitigating these outstanding fees in the future. Should the Board wish to consider implementing the Bartle Wells suggestion, a District Code revision would be necessary. President Nejedly said he was not in favor of charging fees up front; rather, fees should be deferred until construction is complete and the District actually begins collecting sewage from the property. To do otherwise puts an undue burden on property owners. Member McGill agreed, stating that input from the homebuilding industry indicates that front -end money is very difficult to come by in this economy. Members Hockett and Williams stated that agreements with the County and the Cities of Pleasant Hill and Walnut Creek requiring District signoff on certificates of occupancy should alleviate the types of problems now being dealt with at the permit counter. That, coupled with improved software, more site visits and /or possible monitoring of construction progress on Google Maps would make them more inclined to continue the District's practice of deferring connection fees to the time of actual connection of services. The Board agreed with General Manager Ann Farrell's suggestion that staff should complete its meetings with the various county and city officials before any final determination on fee deferral is made. 2) Announcements The following written announcements were included with the agenda packet: a) Update on Cogeneration System incident of March 29, 2012 b) Walnut Creek Sewer Renovation Project (Phase 9), District Project 8401 — Public Workshop on Wednesday, April 25, 2012 c) Contra Costa County Employees' Retirement Association (CCCERA)'s response to the District's inquiry re early payment of unfunded actuarial accrued liability (UAAL) 5 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of April 19, 2012 d) Earth Day activities on Tuesday, April 17, and Saturday, April 21, 2012 e) Brochure entitled "Your BIGGEST Patient Needs YOU" distributed to 841 healthcare facilities The following written announcements were distributed at the meeting: f) Colleen Henry to attend National Association of Clean Water Agencies (NACWA) 2012 National Pretreatment and Pollution Prevention Workshop in Pensacola, Florida, May 9 to 11 g) Staff Retirement - Instrument Shop Supervisor Jim Kneis to retire on April 30, 2012 after 13 years of service h) Extension of medical leave of absence without pay for Senior Plant Operator Gordon Trapp i) Michael R. McGill re- elected by the Contra Costa Chapter of the California Special Districts Association as the Special Districts representative to Contra Costa Local Agency Formation Commission (LAFCO) j) St. Mary's College in Moraga submits public records request in storm . water pollution matter b. COUNSEL FOR THE DISTRICT District Counsel Kent Alm reported that no closed session would be held with regard to Item 13.a. C. SECRETARY OF THE DISTRICT No reports. 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 March 29, 2012 State of the County Luncheon with Supervisor Mary Piepho in Pleasant Hill and the April 3, 2012 Walnut Creek Chamber 2012 Annual Installation and Awards Luncheon. N. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of April 19, 2012 Member McGill also reported on the April 16, 2012 Contra Costa Special Districts Association (CCSDA) Chapter Meeting at which he was re- elected as the Special Districts representative on the Contra Costa Local Area Formation Commission (LAFCO) Board. The term of office is four years. Member McGill also reported on the April 16, 2012 Budget and Finance Committee meeting which was also attended by President Nejedly and summarized the Action Summary. The Board received the report without comment. 2) Announcements Member McGill provided a written report covering Announcements, including that he was recently elected president of the Contra Costa County Taxpayers Association. 9. TREATMENT PLANT a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A LANDFILL GAS SALES AGREEMENT WITH BULLDOG GAS AND POWER LLC TO SUPPLY LANDFILL GAS FOR THE TREATMENT PLANT FOR THE PERIOD MAY 1, 2012 TO APRIL 30, 2013 General Manager Ann Farrell briefly explained that staff was able to negotiate a discount rate of 25 percent for the proposed agreement in accordance with instructions received from the Budget and Finance Committee. It was moved by President Nejedly and seconded by Member McGill to authorize the General Manager to execute a Landfill Gas Sales Agreement with Bulldog Gas and Power, LLC to supply landfill gas for the Treatment Plant for the period May 1, 2012 to April 30, 2013. Motion passed by unanimous vote of the Board. BUDGET AND FINANCE a. ADOPT RESOLUTION 2012 -030 DECLARING INTENTION TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF OBLIGATIONS WHICH MAY BE ISSUED BY THE DISTRICT UNDER U.S. TREASURY INCOME TAX REGULATION SECTION 1.150 -2 It was the consensus of the Board to postpone action on this matter to a future meeting. 7 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of April 19, 2012 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 12. SUGGESTIONS FOR FUTURE AGENDA ITEMS None. 13. CLOSED SESSION The Board convened in closed session at 2:41 p.m. to confer with Legal Counsel regarding Item 13.b. a. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION — INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) One Potential Case b. onference with labor negotiators pursuant to Government Code Section 54957.6: District Negotiators: Labor Negotiation and Benefits Counsel Edward L. Kreisberg, Esq. General Manager/Di rector of Engineering Ann Farrell Director of Collection System Operations Curtis Swanson Human Resources Manager Christopher Ko Secretary of the District Elaine Boehme mployee Organizations: Employee s'Association, Public Employees Union, Local One Management Support/Confidential Group (MS/CG) Management Group The Board recessed at 3:29 p.m. to reconvene in open session. 14. REPORT OUT OF CLOSED SESSION No closed session was held with regard to Item 13.a. With regard to Item 13.b., the Board provided direction to the District Negotiators. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of April 19, 2012 15. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at 3:30 p.m. James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Donna M. Anderson Secretary Pro Tern of the District Central Contra Costa Sanitary District County of Contra Costa, State of California L