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HomeMy WebLinkAboutACTION SUMMARY 06-07-12Jl Central Contra Costa Sanitary District BOARD MEETING ACTION SUMMARY Board Room Thursday June 7, 2012 2:00 p.m. 1. ROLL CALL BOARD OF DIRECTORS: JAMES A. NEJEDLY President DAVID R. WILLIAMS !'resident Pro 7em BARBARA D. HOC'KE71 MICHAEL R McGILI. MARIO M. MENESINI PHONE: (925) 228 -9500 FAX.- (925) 676 -7211 www centralsan. org PRESENT: Members: Hockett, McGill, Menesini, Williams, Nejedly ABSENT: Members: None a. Pledge of Allegiance to the Flag. BOARD ACTION: Said Pledge of Allegiance. b. Introductions • Thomas Brightbill — Senior Engineer, Environmental Services Department. • Fernando Dominguez - Vehicle and Equipment Mechanic, Collection System Operations Department. BOARD ACTION: Welcomed back District retiree and Interim Director of Plant Operations Doug Craig and welcomed new employees. 2. PUBLIC COMMENTS None. 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. BOARD ACTION: Provisional Finance Manager Thea Vassallo presented the award to President Nejedly. A June 7, 2012 Board Action Summary Page 2 4. CONSENT CALENDAR a. Approve minutes of Board meetings held on the following dates: May 3, 2012 and 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. 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. f. 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. June 7, 2012 Board Action Summary Page 3 L 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. BOARD ACTION: Adopted the Consent Calendar as recommended. 5. PUBLIC HEARINGS a. Conduct a public hearing to consider the following matters: • 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). BOARD ACTION: Adopted the Fiscal Year 2012 -13 Capital Improvement Budget for inclusion in the Fiscal Year 2012 -13 District Budget, approved the 2012 Ten -Year Capital Improvement Plan and made the finding that the documents are exempt from CEQA; with the exclusion of the Recycled Water Program from the above. Approved the Recycled Water Program of the above (4 -1; Williams, No). b. Conduct a public hearing to consider adoption of the following budgets for Fiscal Year 2012 -13: • Operations and Maintenance Budget; • Debt Service Fund Budget; and • Self- Insurance Fund Budget. BOARD ACTION: Approved and adopted 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. June 7, 2012 Board Action Summary Page 4 BOARD ACTION: Approved Smith Road CAD No. 2012 -1, District Project 5773; adopted Resolution 2012 -040 and Resolution 2012 -041 as presented; and authorized the General Manager to execute an agreement with CAD participants. 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. BOARD ACTION: Re- approved St. Mary's Road CAD No. 2011 -1, District Project 6513; adopted Resolution 2012 -042 and Resolution 2012 -043 as presented; and authorized the General Manager to execute an agreement with CAD participants. 6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Items 8.a. and 5.d. were taken out of order. 7. REPORTS a. General Manager 1) Update on permit counter and connection fee collection matters. BOARD ACTION: Received the update. 2) Announcements a) Pre - treatment Compliance Audit (PCA) Report and Response b) City of Walnut Creek Reentering the Clean Water Program Service Agreement C) Recent Personnel Advancements — Maintenance Crew Leaders Don Comstock and Les Szmidt d) Recent Staff Retirements — Maintenance Crew Member II David Quintero e) Equipment Theft at Collection System Operations (CSO) Walnut Creek Facility BOARD ACTION: Received the announcements. June 7, 2012 Board Action Summary Page 5 b. Counsel for the District District Counsel Kent Alm reported that the District has settled the claim from J. Ernie Guerrero for an overflow that occurred at his place of business on February 17, 2011. The District will pay $40,769.90, and Mr. Guerrero will sign a settlement agreement and general release, including a detailed statement from the business owner regarding responsibility for maintaining the private side sewer and overflow protection devices, including check valves. C. Secretary of the District Secretary of the District Elaine Boehme announced that a meeting of the Recycled Water Committee has been scheduled for June 14, 2012 and the agenda packet is at the Board Member places. 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 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). BOARD ACTION: Received the reports. 2) Announcements Member McGill provided a written report covering Announcements. BOARD ACTION: Received the announcements. 8. ENGINEERING a. Consider request for reconsideration of the May 17, 2012 Board action granting Contractual Assessment District (CAD) financing policy exceptions: June 7, 2012 Board Action Summary Page 6 BOARD ACTION: Directed staff to calendar reconsideration of CAD Policy exceptions for a potential El Toyonal CAD approved on May 17, 2012 for the June 21, 2012 regular meeting and notify the interested parties that the matter will be reconsidered (4 -1; McGill, No). Did not direct staff to schedule reconsideration of CAD Policy exceptions granted on May 17, 2012 for the St. Mary's Road CAD. 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. BOARD ACTION: Authorized 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. BOARD ACTION: Adopted 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. 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 11. SUGGESTIONS FOR FUTURE AGENDA ITEMS Member McGill noted that the Board has not formally adopted a parliamentary procedure. He stated that, after more information is gathered and presented to the Board, he would like the Board to consider moving forward in adopting one. 12. CLOSED SESSION a. Conference with Legal Counsel — existing litigation pursuant to Government Code Section 54956.9(a): June 7, 2012 Board Action Summary Page 7 • 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. • 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. BOARD ACTION: Held the closed session. 13. REPORT OUT OF CLOSED SESSION District Counsel Kent Alm reported that no reportable action was taken in closed session. 14. ADJOURNMENT — at 4:41 p.m.