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HomeMy WebLinkAbout05.a.1) Approve minutes of November 15, 2012 Board meetingMINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON NOVEMBER 15, 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, November 15, 2012. President Nejedly called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Hockett, Menesini, Williams, Nejedly ABSENT: Members: McGill a. PLEDGE OF ALLEGIANCE TO THE FLAG None. The Board and staff joined in the Pledge of Allegiance. 2. PUBLIC COMMENTS 3. CONSENT CALENDAR a. Approve minutes of Board meeting held October 18, 2012. b. Approve expenditures dated November 15, 2012. Reviewed by Budget and Finance Committee. C. Set December 20, 2012 at 2:00 p.m. as the date and time for a public hearing to consider placing the Fiscal Year 2012 -13 assessment for Sunnybrook Road Contractual Assessment District (CAD) No. 2010 -1 on the Contra Costa County tax roll for collection. d. Set December 20, 2012 at 2:00 p.m. as the date and time for a public hearing to considering declaring the Kiewit Property (APN 159- 140 -051) as currently un- needed, and authorizing the General Manager or her designee to amend the current lease with County Quarry for a period of less than ten years. e. Set December 20, 2012 at 2:00 p.m. as the date and time for a public hearing to consider declaring the property located at 5501 Imhoff Drive in Martinez (APN 159- 140 -052) as currently un- needed, and authorizing the General Manager or her CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of November 15, 2012 designee to amend the current lease with County Quarry for a period of less than ten years. f. Adopt Resolution 2012 -086 accepting two grants of easement from Paul R. Franklin and Erlinda A. Franklin for easements over 34 Barbara Road and 38 Barbara Road in Orinda (Job 1564 — Parcel 5R and Job 2645 - Parcel 5), and authorizing staff to record the grants of easement with the Contra Costa County Recorder. g. Adopt Resolution 2012 -087 authorizing execution of a Common Use Agreement with East Bay Municipal Utility District (EBMUD) for easements in the Iron Horse Corridor, Walnut Creek (APNs 183- 260 -035, 183 - 040 -004), Parcels 4181, 4257, 4257 -B, 4059, 4826, 4826 -A, 4826 -13, 4826 -C, 4826 -D, and 4826 -E; and authorizing staff to record the agreement with the Contra Costa County Recorder. h. Authorize extension of medical leave of absence without pay for Senior Plant Operator Gordon Trapp through March 17, 2013. Delete a vacant Director of Administration position (M20, $12,233 - $15,452), vacant Director of Engineering position (M20, $12,233 - $15,452), vacant Director of Collection System Operations position (M20, $12,233 - $15,452), and vacant Director of Plant Operations position (M20, $12,233 - $15,452); adopt changes to job classification of Director of Operations; and add and authorize the filling of Director of Operations position (M20, $12,233 - $15,452). Approval recommended by Human Resources Committee. Adopt Resolution 2012 -088 appointing Curtis W. Swanson as Director of Operations (M20, $12,233 - $15,452), effective November 15, 2012. Approval recommended by Human Resources Committee. k. Adopt Resolution 2012 -089 appointing Danea Gemmell as Environmental Services Division Manager (M24, $11,087 - $13,476), effective November 19, 2012. Establish the job classification of Regulatory Compliance Division Manager (M24, $11,087 - $13,476), and authorize the filling of the position. Approval recommended by Human Resources Committee. M. Adopt changes to job classification of Assistant to the Secretary of the District and revise the salary range from Salary Grade S60 ($5,057- $6,115) to S62 ($5,304- $6,416). Approval recommended by Human Resources Committee. n. Delete a vacant Pumping Stations Supervisor position (S75, $7,232 - $8,754), and add and authorize the filling of two Pumping Stations Operator III positions (G70, $6,391 - $7,732). Approval recommended by Human Resources Committee. o. Delete a vacant Plant Operations Trainer position (S79, $7,948 - $9,609), abolish the job classification of Plant Operations Trainer, and add and authorize the filling of a old CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of November 15, 2012 Shift Supervisor position (S76, $7,402 - $8,963). Approval recommended by Human Resources Committee. P. Adopt changes to job classification of Maintenance Planner. Approval recommended by Human Resources Committee. It was moved by President Nejedly and seconded by Member Hockett to adopt Consent Calendar Items 3.a. through 3.h. and Item 3.k. as recommended. Motion passed by the following vote of the Board: AYES: Members: Hockett, Menesini, Williams, Nejedly NOES: Members: None ABSENT: Members: McGill It was the consensus of the Board Members present to postpone action on Items 3.i. through 3.j. and 3.1. through 3.p. until the December 6, 2012 Board meeting so that Member McGill could participate in the vote. 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item 7.c. was taken out of order to accommodate a member of the public. 5. PUBLIC HEARINGS a. CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTING: (1) RESOLUTION 2012 -091 CERTIFYING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR DISTRICT ANNEXATION 168C — ALHAMBRA VALLEY IS LEGALLY ADEQUATE IN ACCORDANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA); (2) RESOLUTION 2012 -092 APPROVING THE PROPOSED ANNEXATION AND ADOPTING FINDINGS OF FACT; AND (3) RESOLUTION 2012 -093 REQUESTING THE CONTRA COSTA COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO) INITIATE PROCEEDINGS FOR A CHANGE OF ORGANIZATION (DISTRICT ANNEXATION 168C — ALHAMBRA VALLEY) Engineering Assistant III Russell Leavitt said this public hearing is focused on the annexation of eight parcels in the Alhambra Valley in the unincorporated area of Martinez that are outside of the urban limit line but desire sewer service, which is considered to be an urban service. He presented the background and specifics of the proposed annexation and introduced Edward Grutzmacher of Meyers Nave who had helped with preparing the final EIR and the Findings of Fact for the proposed annexation. The public hearing was opened and closed without comment. In response to a question from Member Williams, Mr. Leavitt clarified that this proposed annexation is a boundary change only, not an extension of sewer service. 3 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of November 15, 2012 It was moved by Member Hockett and seconded by Member Menesini to adopt: 1) Resolution 2012 -091 certifying that the Final EIR for District Annexation 168C — Alhambra Valley is legally adequate in accordance with California Environmental Quality Act (CEQA); 2) Resolution 2012 -092 approving the proposed annexation and adopting Findings of Fact; and 3) Resolution 2012 -093 requesting the Contra Costa County Local Agency Formation Commission (LAFCO) initiate proceedings for a Change of Organization (District Annexation 168C — Alhambra Valley). Motion passed by the following vote of the Board: AYES: Members: Hockett, Menesini, Williams, Nejedly NOES: Members: None ABSENT: Members: McGill b. CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTING ORDINANCE 275 AMENDING CHAPTER 2.20 OF THE DISTRICT CODE, "CONFLICT OF INTEREST CODE," AND ADOPTING RESOLUTION 2012 -090 AMENDING AND ADOPTING THE DISTRICT'S CONFLICT OF INTEREST CODE General Manager Ann Farrell explained that Secretary of the District Elaine Boehme has worked with District Counsel to conduct the required biennial update of the District's Conflict of Interest Code. Details of all proposed changes were set forth in the staff report. The public hearing was opened and closed without comment. It was moved by Member Hockett and seconded by Member Menesini to adopt: 1) Ordinance 275 amending Chapter 2.20 of the District Code, "Conflict of Interest Code;" and 2) Resolution 2012 -090 amending and adopting the District's Conflict of Interest Code. Motion passed by the following vote of the Board: AYES: Members: Hockett, Menesini, Williams, Nejedly NOES: Members: None ABSENT: Members: McGill 4 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of November 15, 2012 6. REPORTS a. GENERAL MANAGER 1) Final report on easement amendment acquisitions along the Iron Horse Corridor (formerly the Southern Pacific Railroad Right of Way) General Manager Ann Farrell said staff recently completed a multi -year collaborative effort with Contra Costa County to amend the District's easements along the Iron Horse Corridor (IHC) to accurately reflect the location of current and future pipelines. Calling the efforts an astounding achievement, she introduced Land Surveyor Liz Charlton who reviewed the sequence of events over the 27 years it has taken to conclude this very complex project, which began in 1985. The benefits of having easements for 55 parcels covering nearly 26 miles of pipeline amended to reflect properly surveyed locations allows for solid rights of the District's present and future facilities within the IHC. She expressed sincere gratitude to the project team, including County Senior Real Property Agent Carla Peccianti and Janine Hampton of the Contra Costa County Surveyor's Office, District Counsel Kent Alm, as well as Director of Collection System Operations Curt Swanson and Associate Engineer Stephanie Gronlund. 2) Announcements The following written announcement was included with the agenda packet: a) Public Bidding on Public Address System Improvements, District Project 7305 No further announcements were made at the meeting. b. COUNSEL FOR THE DISTRICT No reports. C. SECRETARY OF THE DISTRICT 1) Report on unofficial election results. Secretary of the District Elaine Boehme said the certified election results will be available on December 4, 2012. Newly elected Board Members, Tad J. Pilecki, James A. Nejedly and Paul H. Causey will be sworn in on December 6, 2012. Mr. Pilecki and Mr. Causey will take office effective noon on December 7, 2012 per the Elections Code. 5 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of November 15, 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 Member Menesini Member Menesini and President Nejedly reported on the November 14, 2012 Real Estate Committee meeting and summarized the Action Summary. The Board received the report without comment. President Nejedly President Nejedly reported on the November 5 and November 13, 2012 meetings of the Budget and Finance Committee, also attended by Members McGill and Hockett (alternate), respectively. He summarized the action summaries. The Board received the reports without comment. 2) Announcements None. 7. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH A COST CEILING OF $306,000 WITH GEOSYNTEC CONSULTANTS FOR A SITE CHARACTERIZATION STUDY OF THE SURCHARGE FILL AREA OF THE TREATMENT PLANT POTENTIALLY NEEDED FOR NUTRIENT REMOVAL FACILITIES. DISTRICT PROJECT 7301 (TREATMENT PLANT PLANNING PROJECT) General Manager Ann Farrell stated that, as reported to the Board in past Capital Projects workshops, the most logical site for any future nitrification or nutrient removal facilities to be constructed is the contaminated soil surcharge fill area immediately east of the aeration basins. The ten -year capital plan contains a budgetary figure of $20 million for soil remediation, but this estimate may be low. The proposed contract with Geosyntec will allow staff to more accurately assess the cost of remediating the contaminated soils in that area. It was moved by Member Menesini and seconded by Member Williams to authorize the General Manager to execute a professional engineering services agreement with a cost ceiling of $306,000 with Geosyntec Consultants for a Site Characterization Study of the Surcharge Fill area of the treatment plant potentially needed for nutrient removal facilities, District Project 7301 (Treatment Plant Planning Project). Motion passed by the following vote of the Board: N CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of November 15, 2012 AYES: Members: Hockett, Menesini, Williams, Nejedly NOES: Members: None ABSENT: Members: McGill b. AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH PAINTCARE TO TRANSPORT, RECYCLE AND DISPOSE OF ARCHITECTURAL PAINTS COLLECTED BY THE DISTRICT'S HOUSEHOLD HAZARDOUS WASTE (HHW) COLLECTION PROGRAM, AT NO COST TO THE DISTRICT General Manager Ann Farrell stated that the proposed agreement with PaintCare will allow for PaintCare to pick up, transport, recycle and dispose of architectural paints collected at the District's HHW facility, potentially saving the District approximately $330,000 per year. District Counsel Kent Alm explained that liability insurance is already in place for the HHW facility so there is no added cost to the District as a result of this agreement. It was moved by Member Menesini and seconded by President Nejedly to authorize the General Manager to execute an agreement with PaintCare to transport, recycle and dispose of architectural paints collected by the District's HHW Collection Program, at no cost to the District. Motion passed by the following vote of the Board: AYES: Members: Hockett, Menesini, Williams, Nejedly NOES: Members: None ABSENT: Members: McGill C. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PROMISSORY NOTE FOR INSTALLMENT PAYMENT OF CAPACITY FEES FOR FLEX PERSONAL TRAINING AND PILATES, 588 SAN RAMON VALLEY BOULEVARD IN DANVILI F General Manager Ann Farrell said staff recommended that the Board authorize an installment plan for payment of capacity fees by Flex Personal Training and Pilates health club in Danville. A table showing comparable facilities and the fees they have paid was distributed at the meeting. Engineering Assistant III Earlene Millier said that for consistency purposes, staff bases its decisions on capacity use designation on the type of equipment present at the facility. In this instance, the classification of health club /spa was chosen because showers are available; if there were no showers, the much lower rated classification of meeting hall /studio rate would have been applied. Speaking on behalf of Flex Personal Training and Pilates, Gary Bush requested the business be designated as something other than a health club because, unlike a normal health club, the shower facilities will seldom be used. President Nejedly said he would support installment payments for the business while monitoring actual usage over a period of time to assess which is the 7 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of November 15, 2012 appropriate capacity use category, noting that it is important for all businesses to pay their fair share. Mr. Bush said that would be a fair compromise. District Counsel Kent Alm said the District has a special study program intended to address such situations. Principal Engineer Jarred Miyamoto -Mills explained that special studies require an up -front fee because additional staff time is required to gather data and complete the special study, and a meter must be installed by the business. Water consumption at the business is monitored for five years, typically, and staff notifies the business owner annually of the results of the analysis. While the typical approach is to monitor special studies for a five -year period, it was suggested that, in this instance, a shorter time period of perhaps a year or two be used. It was moved by President Nejedly and seconded by Member Williams to authorize the General Manager to execute a promissory note for installment payment of capacity fees for Flex Personal Training and Pilates, 588 San Ramon Valley Boulevard in Danville, at the rate of a health club /spa, under the proviso that a special study be conducted to assess whether changing to a lower capacity fee category may be warranted in the future. Motion passed by the following vote of the Board: AYES: Members: Hockett, Menesini, Williams, Nejedly NOES: Members: None ABSENT: Members: McGill 8. EMERGENCY SITUATIONS REQUIRING BOARD ACTION a. DECLARE AN EMERGENCY AND RATIFY THE GENERAL MANAGER'S ACTIONS UNDER PUBLIC CONTRACT CODE 22050 TO DIRECT RANGER PIPELINES TO PERFORM EMERGENCY REPAIRS ON A DAMAGED SEWER MAIN AT BARKLEY AVENUE IN WALNUT CREEK, DISTRICT PROJECT 4654 General Manager Ann Farrell stated that even though the repair work has been completed, it was deemed prudent by District Counsel to declare an emergency and ratify the action taken, which was within staff authority, to proceed with the repair work. It was moved by Member Hockett and seconded by President Nejedly to declare an emergency and ratify by 4 /5ths vote the General Manager's actions under Public Contract Code 22050 to direct Ranger Pipelines to perform emergency repairs on a damaged sewer main at Barkley Avenue in Walnut Creek, District Project 4654. Motion passed by the following vote of the Board: AYES: Members: Hockett, Menesini, Williams, Nejedly NOES: Members: None ABSENT: Members: McGill None. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of November 15, 2012 9. SUGGESTIONS FOR FUTURE AGENDA ITEMS 10. CLOSED SESSION The Board did not hold the scheduled closed session regarding the following matter: a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8: Property: 5501 Imhoff Drive, Martinez, CA (APN 159 - 140 -052) District Negotiators: • District Counsel Kenton L. Alm, Esq. • General Manager Ann Farrell • Provisional Environmental Services Division Manager Jarred Miyamoto -Mills • Senior Engineer Michael Penny • Senior Right -of -Way Agent Kathleen West • Scott Valentine, David Deutscher Company, Inc. Negotiating Party: County Quarry Under Negotiation: Price and Terms of Payment The Board did hold the closed session regarding the following matter: b. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: No reports. District Negotiators: • Labor Negotiation and Benefits Counsel Edward L. Kreisberg, Esq. • General Manager Ann Farrell • Director of Collection System Operations Curtis Swanson • Human Resources Manager Teji O'Malley • Secretary of the District Elaine Boehme Employee Organizations: • Employees' Association, Public Employees Union, Local One • Management Support/Confidential Group (MS /CG) • Management Group 11. REPORT OUT OF CLOSED SESSION CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of November 15, 2012 12. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at 124 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, CIVIC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California iff