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Home My WebLink About04.a.1) Approve Minutes of May 3, 2012 MeetingV a./) MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MAY 3, 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, May 3, 2012. President Nejedly called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Hockett, McGill, Williams, Nejedly ABSENT: Members: Menesini 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 -031 RECOGNIZING RETIRED GENERAL MANAGER JAMES KELLY By consensus, the Board unanimously adopted Resolution 2012 -031 recognizing recently - retired General Manager James Kelly. President Nejedly presented a copy of the resolution to Mr. Kelly, who expressed thanks for the opportunity to work with the District for twenty - eight years and serve as its General Manager. He thanked the Board for its direction, insight and individual perspectives, noting that each has made the District a better place. He also thanked staff for its support and help in his growth as a manager. 4. CONSENT CALENDAR It was moved by Member McGill and seconded by Member Hockett to adopt the Consent Calendar as recommended. Motion passed by unanimous vote of the Board. a. Approve minutes of Board meeting held on April 5, 2012. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of May 3, 2012 b. Receive March 2012 Financial Statements and Investment Reports. Reviewed by Budget and Finance Committee. C. Set June 7, 2012 at 2:00 p.m. as the date and time for a public hearing to consider adopting the following budgets for Fiscal Year 2012 -13: Operations and Maintenance Budget, Debt Service Fund Budget, and Self- Insurance Fund Budget. d. Set June 7, 2012 at 2:00 p.m. as the date and time for a public hearing to consider the draft Fiscal Year 2012 -13 Capital Improvement Budget (CIB) and 2012 Ten -Year Capital Improvement Plan (CIP). e. Adopt Resolution 2012 -032 setting June 7, 2012 at 2:00 p.m. as the date and time for a public hearing to consider to re- approval of the St. Mary's Road Contractual Assessment District (CAD) No. 2011 -1 in Lafayette. f. Adopt Resolution 2012 -033 setting June 7, 2012 at 2:00 p.m. as the date and time for a public hearing to consider the establishment of a Smith Road Contractual Assessment District (CAD) No. 2012 -1 in Alamo. g. Adopt Resolution 2012 -034 authorizing the execution of quitclaim deeds for abandoned sewer easements in Lafayette as follows: (1) Job 3898 - Parcel 1 (portion) to Douglas A. Norton and Christiann K. Norton, property owners of 3836 Happy Valley Road; (2) Job 3898 - Parcel 1 (portion) to Ronald C. Nahas, Trustee under the Ronald Nahas and Mary Nahas Family Trust dated September 5, 1990, as amended, property owner of 3840 Happy Valley Road; and (3) Job 3898 - Parcel 2 to Cory Ernst Higgins and Gretchen Diane Higgins, Trustees of The Higgins Family Revocable Trust dated January 1, 1998, property owners of 3838 Happy Valley Road; and authorizing staff to record documents with the Contra Costa County Recorder. h. Authorize extension of medical leave of absence without pay for Senior Plant Operator Gordon Trapp through September 17, 2012. i. Confirm publication of a summary of District Ordinance No. 270 amending District Code Section 2.04.030, Compensation of Board Members. 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item 7. was taken out of order. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of May 3, 2012 6. REPORTS a. GENERAL MANAGER 1) Update on permit counter and connection fee collection matters Senior Engineer Tom Godsey presented the regular update. He stated that staff has developed protocol for field inspections when required and, after receiving input from District Counsel regarding "fees due," is developing policy recommendations and procedure for the collection of fees. He noted that the Danville Chief Building Official has agreed to District staff signing off on final permit inspections prior to issuing its Certificates of Occupancy, and staff has scheduled a meeting with the City of Walnut Creek for May 4, 2012. Mr. Godsey also presented a progress table showing that the team of accountants is twenty -three percent through reviewing all applications, with 1,416 yet to be reviewed. 2) Announcements The following written announcements were included with the agenda packet: a) Update on Co -Gen Incident of March 29, 2012 b) Engineer's Reports for Contractual Assessment Districts (CADs) c) Employees to Attend SunGard Annual Education and Training Conference in Lake Buena Vista, Florida, June 3 -7, 2012 d) Public Workshop and Public Bidding for Walnut Creek Sewer Renovations, Phase 9, District Project 8401 e) Break -In and Theft from Collection System Operations (CSO) Construction Truck The following additional written announcement was made at the meeting: f) Recent Efforts to Support Proper Pharmaceutical Disposal in Contra Costa and Alameda Counties b. COUNSEL FOR THE DISTRICT No reports C. SECRETARY OF THE DISTRICT No reports. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of May 3, 2012 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 2) Member Hockett Member Hockett reported on the April 25 -27, 2012 California Association of Sanitation Agencies (CASA) Spring Conference and Executive Board Meeting in Napa. Member McGill Member McGill reported on the April 17 -20, 2012 California Water Environment Association (CWEA) Conference in Sacramento, the April 25 -27 2012 California Association of Sanitation Agencies (CASA) Spring Conference in Napa, and the May 2, 2012 Industrial Association Annual Meeting and Installation of Officers in Pittsburg. Member McGill also reported on the April 30, 2012 Budget and Finance Committee meeting and summarized the Action Summary. He noted that the Committee made a recommendation to the full Board regarding a closed session item concerning the La Tapatia /Guerrero claim; therefore, a closed session will be scheduled for the May 17, 2012 Board meeting. The Board received the report without comments. Announcements Member McGill submitted a written report covering Announcements. 7. EMERGENCY SITUATIONS REQUIRING BOARD ACTION General Manager Ann Farrell stated the need to add an urgency item to the agenda by four - fifths vote. The item arose after the legal posting deadline of the agenda and required Board action prior to the next regularly - scheduled meeting. It was moved by President Nejedly and seconded by Member McGill to add the item to the agenda. Motion passed by unanimous vote of the Board. Ms. Farrell reported that, as a result of the co- generation incident of March 29, 2012, the co- generation exhaust system and boiler have been released for reconstruction, and Carollo Engineers has been hired under staff authority to design the repair. However, in order for the repair to move forward, staff may need to exceed its $100,000 authority in associated costs before the next meeting, but will present a Position Paper at the next Board meeting with a full explanation. It was moved by President Nejedly and seconded by Member McGill CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of May 3, 2012 to authorize staff to exceed its $100,000 authority if necessary. Motion passed by unanimous vote of the Board. None. 8. SUGGESTIONS FOR FUTURE AGENDA ITEMS 9. CLOSED SESSION Richard Pio Roda, Esq. announced that no closed session would be held regarding Item 9.a. The Board recessed at 2:17 p.m. to reconvene in closed session in the Caucus Room regarding Items 9.b. and 9.c. 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 — ANTICIPATED LITIGATION — INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c): • One Potential Case C. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: District Negotiators: • Labor Negotiation and Benefits Counsel Edward L. Kreisberg, Esq. • General Manager /Director of Engineering Ann Farrell • Director of Collection System Operations Curtis Swanson • Human Resources Manager Christopher Ko • Secretary of the District Elaine Boehme Employee Organizations: • Employees' Association, Public Employees Union, Local One • Management Support/Confidential Group (MS /CG) • Management Group The Board recessed at 4:29 p.m. to reconvene in the Board Room in open session. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of May 3, 2012 12. REPORT OUT OF CLOSED SESSION The Board gave instructions to its labor negotiators. 13. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at 4:29 p.m. James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CMC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California