HomeMy WebLinkAbout00. AGENDA 06-07-12Jl Central Contra Costa Sanitary District
BOARD MEETING
AGENDA
Board Room
Thursday
June 7, 2012
2:00 p.m.
INFORMATION FOR THE PUBLIC
BOARD OF DIRECTORS
JAMES A. NEJEDLY
President
DAVID R. WILLIAMS
President Pro T em
BARMRA D. HOCKETT
MICHAEL R. MCGILL
MARIO M. MENESINI
PHONE: (925) 228 -9500
FAX.- (925) 676 -7211
www.centralsan.org
Anyone wishing to address the Board of Directors should complete a speaker's card and submit it to the Secretary of the
District. In addressing the Board, speakers should step to the podium and state their names and address for the record.
The Board President may direct questions to any member of the audience as appropriate at any time during the meeting.
All matters listed under the CONSENT CALENDAR are considered to be routine by the Board of Directors and will be
enacted by one motion. There will be no separate discussion of these items unless requested by a Member of the Board
of Directors or the public prior to the time the Board votes on the motion to adopt.
ADDRESSING THE BOARD ON AN ITEM ON THE AGENDA
Persons wishing to speak on PUBLIC HEARINGS and OTHER MATTERS listed on the agenda will be
heard when the President calls for comments from the audience, except on public hearing items previously
heard and closed to public comment. The President may specify the number of minutes each person will be
permitted to speak based on the number of persons wishing to speak and the time available. After the public
has commented, the item is closed to further public comment and brought to the Board for discussion and
action. There is no further comment permitted from the audience unless invited by the Board.
ADDRESSING THE BOARD ON AN ITEM NOT ON THE AGENDA
In accordance with state law, the Board is prohibited from discussing items not calendared on the agenda. You
may address the Board on any items not listed on the agenda, and which are within their jurisdiction, under
PUBLIC COMMENTS. Matters brought up which are not on the agenda may be referred to staff for action or
calendared on a future agenda.
AGENDA REPORTS
Supporting materials on agenda items are available for public review at the Reception Desk, 5019 Imhoff Place,
Martinez. Not every agenda item is accompanied by written supporting material. Reports and information
relating to agenda items distributed within 72 hours of the meeting to a majority of the Board are also available
for public inspection at the Reception Desk. During the meeting, information and supporting materials are
available in the Board Room.
AMERICANS WITH DISABILITIES ACT
In accordance with the Americans with Disabilities Act and state law, it is the policy of the Central Contra
Costa Sanitary District to offer its public meetings in a manner that is readily accessible to everyone, including
those with disabilities. If you are disabled and require special accommodations to participate, please contact the
Secretary of the District at least 48 hours in advance of the meeting at (925) 229 -7303.
0 Recycled Paper
June 7, 2012 Board Agenda
Page 2
1. ROLL CALL
a. Pledge of Allegiance to the Flag.
b. Introductions:
• Thomas Brightbill — Senior Engineer, Environmental Services
Department.
• Fernando Dominguez - Vehicle and Equipment Mechanic, Collection
System Operations Department.
Staff Recommendation: Welcome new employees. President Nejedly
will present the District pins.
2. PUBLIC COMMENTS
3. AWARDS AND COMMENDATIONS
a. Receive the Certificate of Achievement for Excellence in Financial Reporting
from the Government Finance Officers Association for the District's
Comprehensive Annual Financial Report (CAFR) for the Fiscal Year ended
June 30, 2011. (5 minute staff presentation.)
Staff Recommendation: Provisional Finance Manager Thea Vassallo will
present the award to the Board.
4. CONSENT CALENDAR
Staff Recommendation (Motion Required): Adopt the Consent Calendar as
recommended.
a. Approve minutes of Board meetings held on the following dates:
1) May 3, 2012; and
2) May 15, 2012.
b. Approve expenditures dated June 7, 2012. Reviewed by Budget and Finance
Committee.
C. Receive April 2012 Financial Statements and Investment Reports. Reviewed
by Budget and Finance Committee.
June 7, 2012 Board Agenda
Page 3
d. Rescind public hearing previously set for June 7, 2012 at 2:00 p.m. to
consider placing the following on the Contra Costa County tax roll for
collection, and set July 19, 2012 at 2:00 p.m. as the new date and time for
said public hearing:
• 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 Installment Payment
Programs.
e. Adopt Resolution 2012 -038 accepting grants of easement from Richard F.
and Joanne Lande, Richard A. and Christine T. Wolfe, Stephen W. and
Catherine L. Lambert, Alicia Romero and Rene Langis, Alexander K. and
Elvera M. Majewski, Richard W. and Rose F. Jang, Aleen Myers, George
Sarkis, David and Helen Carman, Amer Adel and Anna E. Budayr, Anthony J.
and Frances P. Bowles, and Willie Jr., and Evelyn M. Yee, property owners at
110 Moraga Way, 112 Moraga Way, 116 Moraga Way, 120 Moraga Way, 128
Moraga Way, 95 Camino Encinas, 136 Moraga Way, 179 Moraga Way, 181
Moraga Way, 183 Moraga Way, 21 Monte Veda Drive, and 32 Knickerbocker
Lane, Orinda, respectively (South Orinda Sewer Renovations, Phase 5,
District Project 5989 — Parcels 5 -8, 10 -12, 16 -18, 21 and 22), and authorizing
staff to record documents with the Contra Costa County Recorder.
Authorize Member McGill's attendance at California Special Districts
Association (CSDA) Annual Conference to be held September 24 -27, 2012 in
San Diego.
g. Authorize extension of medical leave of absence without pay for
Administrative Assistant Alma Hachey through September 30, 2012.
h. Authorize the General Manager to renew insurance coverage for Fiscal Year
2012 -13 for excess liability, property, and Workers' Compensation, and bind
coverage for pollution (Household Hazardous Waste) liability. Reviewed by
Budget and Finance Committee.
Adopt Resolution 2012 -039 calling for a November 6, 2012 election,
requesting consolidation of the election of the District Board Members with
the statewide general election, and setting forth District regulations for
Candidate Statements.
June 7, 2012 Board Agenda
Page 4
5. PUBLIC HEARINGS
a. Conduct a public hearing to consider the following matters: (5 minute staff
presentation.)
• Adopting the Fiscal Year 2012 -13 Capital Improvement Budget for
inclusion in the Fiscal Year 2012 -13 District Budget;
Approving the 2012 Ten -Year Capital Improvement Plan; and
• Making the finding that the documents are exempt from the California
Environmental Quality Act (CEQA).
Staff Recommendation (Motion Required): Conduct the public hearing
and take the following actions: Adopt the Fiscal Year 2012 -13 Capital
Improvement Budget for inclusion in the Fiscal Year 2012 -13 District
Budget; approve the 2012 Ten -Year Capital Improvement Plan; and
make the finding that these documents are exempt from CEQA.
b. Conduct a public hearing to consider adoption of the following budgets for
Fiscal Year 2012 -13: (5 minute staff presentation.)
• Operations and Maintenance Budget;
• Debt Service Fund Budget; and
• Self- Insurance Fund Budget.
Staff Recommendation (Motion Required): Conduct the public hearing
and approve and adopt the Fiscal Year 2012 -13 Operations and
Maintenance Budget, Debt Service Fund Budget and Self- Insurance
Fund Budget.
C. Conduct a public hearing to consider approval of the Smith Road Contractual
Assessment District (CAD) No. 2012 -1 in Alamo, District Project 5773; adopt
Resolution 2012 -040 confirming compliance with California Constitution,
Article XIIID, Section 4 (Proposition 218); adopt Resolution 2012 -041
approving the Engineer's Report and assessments, ordering improvement,
and finding the project exempt from California Environmental Quality Act
(CEQA); and authorize the General Manager to execute an agreement with
the Smith Road CAD No. 2012 -1 participants. (5 minute staff presentation.)
Staff Recommendation (Motion Required): Conduct the public hearing
and approve Smith Road CAD No. 2012 -1, District Project 5773; adopt
Resolution 2012 -040 and Resolution 2012 -041 as presented; and
authorize the General Manager to execute an agreement with CAD
participants.
June 7, 2012 Board Agenda
Page 5
d. Conduct a public hearing to consider re- approval of the St. Mary's Road CAD
No. 2011 -1 in Lafayette, District Project 6513; adopt Resolution 2012 -042
confirming compliance with California Constitution, Article XIIID, Section 4
(Proposition 218); adopt Resolution 2012 -043 approving the Engineer's
Report and assessments, ordering improvement, and finding the project
exempt from (CEQA); and authorize the General Manager to execute an
agreement with the St. Mary's Road CAD No. 2011 -1 participants. (5 minute
staff presentation.)
Staff Recommendation (Motion Required): Another item on this
meeting's agenda presents an option for the Board to reconsider its
May 17, 2012 approval of CAD Policy exceptions for the St. Mary's Road
CAD. If the Board decides to reconsider this matter, staff recommends
that this public hearing be continued to June 21, 2012.
If the Board decides that it will not reconsider CAD Policy exceptions
for the St. Mary's Road CAD, and if less than a majority of returned
ballots from affected parcel owners oppose the assessments, staff
recommends that the Board conduct the public hearing and re- approve
St. Mary's Road CAD No. 2011 -1, District Project 6513; adopt Resolution
2012 -042 and Resolution 2012 -043 as presented; and authorize the
General Manager to execute an agreement with CAD participants.
6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
7. REPORTS
a. General Manager
1) Update on permit counter and connection fee collection matters.
(5 minute staff presentation.)
Staff Recommendation: Receive the update.
2) Announcements
Staff Recommendation: Receive the announcements.
b. Counsel for the District
C. Secretary of the District
June 7, 2012 Board Agenda
Page 6
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 Hockett
Member Menesini
Member Williams
Member McGill
• May 29, 2012 — Budget and Finance Committee meeting — Member
McGill (stipend) and President Nejedly (stipend).
• June 4, 2012 — Budget and Finance Committee meeting — Member
McGill (stipend) and President Nejedly (stipend).
• June 6, 2012 — Contra Costa Council Annual Installation Dinner in
Pleasant Hill (expenses).
President NeiedIV
Staff Recommendation: Receive the reports.
2) Announcements
Staff Recommendation: Receive the announcements.
8. ENGINEERING
a. Consider request for reconsideration of the May 17, 2012 Board action
granting Contractual Assessment District (CAD) financing policy exceptions:
(10 minute staff presentation.)
Staff Recommendations:
Re: Potential El Toyonal CAD in Orinda
(Motion Required) Grant or deny the request for reconsideration of CAD
Policy exceptions.
If denied, take no further action.
June 7, 2012 Board Agenda
Page 7
If -granted, direct staff to calendar reconsideration of CAD Policy
exceptions for potential El Toyonal CAD for the June 21, 2012
regular meeting and notify the interested parties that the matter
will be reconsidered.
Re: St. Mary's Road CAD No. 2011 -1 in Lafayette
(Motion Required) If reconsideration of the potential El Toyonal CAD is
granted, decide whether to reconsider CAD Policy exceptions granted
on May 17, 2012 for the St. Mary's Road CAD.
If no reconsideration, conduct public hearing (Item 5.d).
If reconsideration is approved, take the following actions:
1) Calendar reconsideration of CAD Policy exceptions for the
St. Mary's Road CAD for the June 21, 2012 regular meeting
and notify the interested parties that the matter will be
reconsidered; and
2) Continue the public hearing appearing on this agenda
(Item. 5.d.) to June 21, 2012.
b. Authorize the General Manager to amend the existing professional services
agreement with HDR Engineering, Inc. in the amount of $180,000, increasing
the cost ceiling by $640,000 for a new contract ceiling of $820,000, for design
of the Primary Treatment Renovations, District Project 7285. (No presentation
is planned, staff will be available to answer questions.)
Staff Recommendation (Motion Required): Authorize the General
Manager to amend the existing professional services agreement with
HDR Engineering, Inc. for a new contract ceiling of $820,000 for design
of the Primary Treatment Renovations, District Project 7285.
9. TREATMENT PLANT
a. Adopt Resolution 2012 -044 making findings and authorizing the General
Manager to enter into agreements with third parties to allow for the design
and repair of the cogeneration unit in amounts totaling up to approximately
$300,000, without the solicitation of competitive bids. (5 minute staff
presentation.)
Staff Recommendation (Motion Required): Adopt Resolution 2012 -044
authorizing the General Manager to enter into agreements with third
parties to allow for the design and repair of the cogeneration unit in
amounts totaling up to approximately $300,000, without the solicitation
of competitive bids.
June 7, 2012 Board Agenda
Page 8
10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
11. SUGGESTIONS FOR FUTURE AGENDA ITEMS
12. CLOSED SESSION
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. MSC 11- 01307.
• Gregory Village Partners, L.P. v. Chevron U.S.A., Inc., M.B. Enterprises,
and Central Contra Costa Sanitary District, U.S. District Court, Northern
District of California, Case No. CV 11 1597 JCS.
b. Conference with Legal Counsel — anticipated litigation — initiation of litigation
pursuant to Government Code Section 54956.9(c).
• One Potential Case
13. REPORT OUT OF CLOSED SESSION
14. ADJOURNMENT
June 7, 2012 Board Agenda
Page 9
CENTRAL CONTRA COSTA SANITARY DISTRICT
BOARD CALENDAR
DATE /TIME MEETING /ATTENDEES LOCATION
JUNE 2012
Monday
Budget and Finance Committee Meeting
Third Floor Executive Conference Room
June 4
McGill, Nejedly
3:00 p.m.
Thursday
Board Meeting
Board Room
June 7
Board of Directors
2:00 p.m.
Tuesday
Special Board Meeting (Closed Session)
Collection System Operations Conference
June 12
Board of Directors
Room, 1250 Springbrook Road,
3:30 p.m.
Walnut Creek
Thursday
Recycled Water Committee Meeting
Third Floor Executive Conference Room
June 14
Hockett, Nejedly
3:00 p.m.
Monday
Budget and Finance Committee Meeting
Third Floor Executive Conference Room
June 18
McGill, Nejedly
3:00 p.m.
Thursday
Board Meeting
Board Room
June 21
Board of Directors
2:00 p.m.
JULY 2012
Monday
Budget and Finance Committee Meeting
Third Floor Executive Conference Room
July 2
McGill, Nejedly
3:00 p.m.
Thursday
Board Meeting
Board Room
July 5
Board of Directors
2:00 p.m.
Monday
California Special Districts Association —
Central Contra Costa Sanitary District
July 16
Contra Costa Chapter Meeting
Multi Purpose Room
10:00 a.m.
McGill
Monday
Budget and Finance Committee Meeting
Third Floor Executive Conference Room
July 16
McGill, Nejedly
3:00 p.m.
Thursday
Board Meeting
Board Room
July 19
Board of Directors
2:00 p.m.
Tuesday
Budget and Finance Committee Meeting
Third Floor Executive Conference Room
July 31
McGill, Nejedly
3:00 p.m.
Unless otherwise noted, all meetings are held at the District Office, 5019 Imhoff Place, Martinez, CA 611112