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HomeMy WebLinkAboutBOARD MINUTES 12-20-12MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON DECEMBER 20, 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 2:32 p.m. on Thursday, December 20, 2012. President Nejedly called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Causey, McGill (via teleconference), Pilecki, Williams, Nejedly ABSENT: Members: None Member McGill participated by teleconference from 1137 Forest Drive, Elgin, Illinois 60123. a. PLEDGE OF ALLEGIANCE TO THE FLAG The Board and staff joined in the Pledge of Allegiance. b. INTRODUCTIONS The Board welcomed Andrew Walus, Maintenance Crew Member I, and Velisa Parks, Administrative Assistant, Plant Operations Division. 2. CLOSED SESSION The Board did not consider Item 2.a., which was resolved during the Special meeting held at 1:30 p.m. in the Caucus Room. The Board recessed at 2:34 p.m. to reconvene in closed session in the Caucus Room to consider Item 2.b. a. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: 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 Page 62 — Page 100 MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON DECEMBER 20, 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 2:32 p.m. on Thursday, December 20, 2012. President Nejedly called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Causey, McGill (via teleconference), Pilecki, Williams, Nejedly ABSENT: Members: None Member McGill participated by teleconference from 1137 Forest Drive, Elgin, Illinois 60123. a. PLEDGE OF ALLEGIANCE TO THE FLAG The Board and staff joined in the Pledge of Allegiance. b. INTRODUCTIONS The Board welcomed Andrew Walus, Maintenance Crew Member I, and Velisa Parks, Administrative Assistant, Plant Operations Division. 2. CLOSED SESSION The Board did not consider Item 2.a., which was resolved during the Special meeting held at 1:30 p.m. in the Caucus Room. The Board recessed at 2:34 p.m. to reconvene in closed session in the Caucus Room to consider Item 2.b. a. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: 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 Page 62 — Page 100 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of December 20, 2012 b. PERSONNEL MATTERS PURSUANT TO GOVERNMENT CODE SECTION 54957 — PERFORMANCE EVALUATION FOR GENERAL MANAGER The Board recessed at 3:15 p.m. to reconvene in the Board Room in open session. 3. REPORT OUT OF CLOSED SESSION District Labor Counsel Daniel Clinton stated that there was no reportable action taken in closed session. 4. PUBLIC COMMENTS Mr. Don Gaube of the Alamo Group, LLC, noted that the staff report in the Caffe Classico Foods compliance matter (Item 8.a. 1)b)) only dates back to 2010, but the property was purchased in 1999 and converted without the proper permits or zoning. He added the County Building Department has formally issued a Notice to Comply on the building, identifying 55 code violations, and the County Planning Department has noticed that parking requirements are not being met. 5. CONSENT CALENDAR a. Approve minutes of Board meetings held on the following dates: November 15, 2012; November 29, 2012 (Special); and December 4, 2012 (Special). b. Approve expenditures dated December 20, 2012. Reviewed by Budget and Finance Committee. C. Approve updated Administrative Overhead Percentage of 220% for Fiscal Year 2013 -14. Approval recommended by Budget and Finance Committee. d. Amend and restate the District's Section 125 Cafeteria Plan documents to meet new changes in Internal Revenue Code requirements effective January 1, 2013. e. Confirm publication of a summary of District Ordinance No. 274 establishing reimbursement fees of $14,198.87 for the eight properties that could directly connect to Job 6413 (Alhambra Valley Road) in unincorporated Martinez. Adopt amendments to the District's Travel and Expense Reimbursement Policy No. BP 008, effective December 20, 2012. Approval recommended by Budget and Finance Committee. g. Approve attendance for Board Member Paul Causey at the January 15 -18, 2013 California Association of Sanitation Agencies (CASA) Conference in Indian Wells, Page 62 — Page 101 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of December 20, 2012 California; the February 24 -27, 2013 CASA Legislative Conference in Washington, D.C.; and the April 23 -26, 2013 CASA Conference in Newport Beach, California. h. Adopt changes to job classification of Director of Operations; add and authorize the filling of Director of Operations position (M20, $12,233 - $15,452); and confirm appointment of Curtis W. Swanson. Approval recommended by Human Resources Committee. It was moved by Member McGill to adopt the Consent Calendar as recommended, except for Item 5.c., which he asked to be tabled pending review by the Budget and Finance Committee. The motion was seconded by Member Williams. Motion passed by the following vote of the Board: None. AYES: Members: Causey (on Items 5.b., 5.d. — 5.h.), McGill, Pilecki, Williams, Nejedly NOES: Members: None ABSTAIN: Members: Causey (on Item 5.a. only) 6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER 7. PUBLIC HEARINGS a. CONDUCT PUBLIC HEARING TO CONSIDER ADOPTING RESOLUTION 2012- 100 DIRECTING THAT THE FISCAL YEAR 2012 -13 ASSESSMENTS FOR THE SUNNYBROOK ROAD CONTRACTUAL ASSESSMENT DISTRICT (CAD) NO 2010 -1 BE PLACED ON THE CONTRA COSTA COUNTY TAX ROLL FOR COLLECTION General Manager Ann Farrell explained that a CAD assessment was inadvertently omitted from a previously- approved Position Paper. The public hearing was opened and closed without comment. It was moved by Member McGill and seconded by Member Causey to adopt Resolution 2012 -100 directing that the Fiscal Year 2012 -13 assessments for Sunnybrook Road CAD No. 2010 -1 be placed on the Contra Costa County tax roll for collection. Motion passed by unanimous vote of the Board. Page 62 — Page 102 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of December 20, 2012 b. CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTING RESOLUTION 2012- 101 DECLARING THE DISTRICT'S KIEWIT PROPERTY LOCATED OFF IMHOFF DRIVE IN MARTINEZ (APN 159 - 140 -051) AS CURRENTLY UNNEEDED, AND AUTHORIZING THE GENERAL MANAGER OR HER DESIGNEE TO (1) EXTEND THE CURRENT LEASE WITH COUNTY QUARRY PRODUCTS LLC (WHICH EXPIRES DECEMBER 31 2012) ON A MONTH -TO -MONTH BASIS FOR UP TO THREE MONTHS TO COMPLETE NEGOTIATIONS FOR A LONGER -TERM LEASE EXTENSION AND (2) EXECUTE A LEASE EXTENSION TO SEPTEMBER 30 2013 FOR CONTINUATION AND COMPLETION OF THE CLEAN FILL OPERATION CURRENTLY UNDERWAY ON THE PROPERTY Senior Engineer Michael Penny provided historical background on the site, noting that the current agreement provides that the District receives 65 percent of County Quarry's net profit. He presented a timeline for the anticipated closeout by October 2013, including the completion of filling, sampling, and final grading of the site. County Quarry had estimated needing six months of dry weather to complete the work, starting in April, by which time lease negotiations are expected to be concluded. A planning study is underway of air quality, hazards to aircraft, noise, and compatibility with District needs. Once completed, the study will be presented to the Enterprise Committee then to the full Board, along with staffs recommendation for the preferred use of the site. The public hearing was opened and closed without comment. President Nejedly suggested the item be amended to extend the current lease for up to six months instead of three, to accommodate potential delays in the negotiation process. The Board concurred with the suggested amendment. It was moved by Member Williams and seconded by President Nejedly to adopt Resolution 2012 -101 declaring the Kiewit Property as currently unneeded and authorize the General Manager or her designee to (1) extend the current lease with County Quarry Products LLC on a month -to -month basis for up to six months, and (2) execute a lease extension to September 30, 2013. Motion passed by unanimous vote of the Board. C. CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTING RESOLUTION 2012- 102 DECLARING DISTRICT LAND LOCATED AT 5501 IMHOFF DRIVE IN MARTINEZ (APN 159 - 140 -052) AS CURRENTLY UNNEEDED FOR A PERIOD NOT TO EXCEED TEN YEARS AND AUTHORIZING THE GENERAL MANAGER OR HER DESIGNEE TO EXTEND THE CURRENT LEASE WITH COUNTY QUARRY PRODUCTS LLC (WHICH EXPIRES DECEMBER 31, 2012) ON A MONTH -TO -MONTH BASIS FOR UP TO THREE MONTHS TO CONCLUDE NEGOTIATIONS FOR CONTINUED USE OF THE PROPERTY AS A CONCRETE AND ASPHALT MATERIALS RECYCLING OPERATION Senior Engineer Michael Penny reported that, over the last 23 months, County Quarry has shown substantial compliance and has been responsive in instances of non - compliance (including site cleanliness, dust control, equipment storage and pile Page 62 — Page 103 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of December 20, 2012 height). He presented a summary of the negotiations progress thus far, which began with an appraisal of the property in October 2012. Staff is now evaluating a six -year lease counteroffer received on December 12, 2012. The public hearing was opened and closed without comment. President Nejedly suggested the item be amended to extend the current lease for up to six months instead of three, to accommodate potential delays in the negotiation process. The Board concurred with the suggested amendment. It was moved by President Nejedly and seconded by Member Causey to adopt Resolution 2012 -102 declaring the District land located at 5501 Imhoff Drive in Martinez as currently unneeded for a period not to exceed ten years, and authorize the General Manager or her designee to extend the current lease with County Quarry Products LLC on a month -to -month basis for up to six months. Motion passed by unanimous vote of the Board. 8. REPORTS a. GENERAL MANAGER 1) Announcements The following written announcements were included with the agenda packet: a) Promotion of Dulce Petagara to Environmental Compliance Inspector I effective December 10, 2012, and retirement of Assistant Engineer Wesley Adams effective December 14, 2012 b) Caffe Classico Foods Compliance Status The following additional announcement was distributed at the meeting: c) Update on repairs to damaged sewer pipe and water and gas mains caused by sinkhole at Mountain View Drive in Lafayette b. COUNSEL FOR THE DISTRICT District Counsel Kent Alm reported that he would not be in the office during the week of December 24, and Jennifer Faught, Esq. would be available to take any non - urgent District calls. C. SECRETARY OF THE DISTRICT None. Page 62 — Page 104 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of December 20, 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 Causey Member Causey (Alternate) and Member McGill reported on the December 11, 2012 Capital Projects Committee meeting and summarized the Action Summary. The Board received the report without comment. President Nejedly Member McGill and President Nejedly reported on the December 17, 2012 Budget and Finance Committee meeting and summarized the Action Summary. The Board received the report without comment. 2) Approve reorganization of Board Committee structure as follows: (1) create new Policy Development and Internal Operations Committee, (2) merge and rename Recycled Water and Real Estate Committees to "Enterprise Committee," and (3) rename Household Hazardous Waste Committee to "Environmental Services Committee" It was moved by President Nejedly and seconded by Member McGill to approve the reorganization of the Board Committee structure as follows: (1) create new Policy Development and Internal Operations Committee, (2) merge and rename Recycled Water and Real Estate Committees to "Enterprise Committee," and (3) rename Household Hazardous Waste Committee to "Environmental Services Committee." Motion passed by unanimous vote of the Board. 3) Receive proposed 2013 Board Committee and other assignments President Nejedly presented the following listing of proposed 2013 Board Committee and other assignments: Budget and Finance Committee Chair: McGill Member: Nejedly Capital Projects Committee Chair: Pilecki Member: Causey Page 62 — Page 105 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of December 20, 2012 Enterprise Committee (NEW — combines Recycled Water and Real Estate Committees) Chair: McGill Member: Nejedly Environmental Services Committee (formerly Household Hazardous Waste Committee) Chair: Pilecki Member: Causey Human Resources Committee Chair: Williams Member: Pilecki Outreach Committee Chair: Causey Member: Williams Policy Development and Internal Operations Committee (NEW) Chair: Williams Member: Nejedly Representatives to Outside Agencies: California Special Districts Association - Contra Costa Chapter Representative: McGill Alternate: Causey Board Liaisons to Cities and County: Concord, Contra Costa County Nejedly Alamo, Danville, San Ramon Causey Pleasant Hill, Walnut Creek McGill Martinez, Pacheco Pilecki Moraga, Orinda, Lafayette Williams It was moved by Member McGill and seconded by President Nejedly to receive the proposed 2013 Board Committee and other assignments. Motion passed by unanimous vote of the Board. Page 62 — Page 106 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of December 20, 2012 9. COLLECTION SYSTEM a. CONSIDER APPROVAL OF THE SEWER SYSTEM MANAGEMENT PLAN (SSMP) FIVE -YEAR UPDATE AS MANDATED BY THE CALIFORNIA STATE WATER RESOURCES CONTROL BOARD (SWRCB) Assistant Engineer Justin Waples presented an overview of the Update, including the goals and elements of the SSMP. He noted that the update incorporated changes to the Capital Projects budget since 2007, the 2010 completion of the initial television (CCTV) inspection, the addition of a Senior Engineer position, and updates of the Collection System Master Plan, Standard Specifications, Pump Stations Inventory, Collection System Asset Management Plan, and Overflow Volume Estimation Chart. He noted that 2011 saw the effectiveness of the program, with only 37 recorded overflows, the lowest in the District's history. Member Williams suggested that the two -hour overflow reporting requirement referenced in Chapter 3 be given more emphasis in the SSMP, to demonstrate the District's awareness and compliance with that regulatory requirement. Member Causey suggested that Chapter 11 be updated to include a paragraph regarding the District's communications protocols with satellite agencies. It was moved by Member Causey and seconded by Member Williams to approve the Sewer System Management Plan (SSMP) Five -Year Update as mandated by the SWRCB. Motion passed by unanimous vote of the Board. Member McGill left the meeting via teleconference at 3:56 p.m. 10. CAPITAL IMPROVEMENT BUDGET PLANNING WORKSHOP a. RECEIVE PRESENTATION AND DISCUSS DEVELOPMENT OF DRAFT FISCAL YEAR 2013 -14 CAPITAL IMPROVEMENT BUDGET (CIB) AND 2013 CAPITAL IMPROVEMENT PLAN This matter was reviewed by Capital Projects Committee at its December 11, 2012 meeting. Capital Projects Division Manager Andrew Antkowiak stated that an increase in the Sewer Service Charge (SSC) capital component is needed to fully fund the Capital Program, and agreement on the issue is needed from the Board by early to mid March to meet printing and mailing timelines for the Proposition 218 notice. He added that the preliminary Ten -Year Plan found that two years of SSC increases of about $31 per year are needed to fully fund the Capital Program. Regarding the use of bonds in lieu of a SSC increase, he said it may be prudent to reserve bonding capacity for large capital requirements for unbudgeted regulatory mandates. Page 62 — Page 107 None. None. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of December 20, 2012 Mr. Antkowiak described projects funded by the $365 million preliminary Ten -Year Plan, including the Primary Sedimentation Tank Renovations, Cogeneration Upgrades, Nitrification, Contaminated Soils Remediation, Incinerator and Solids Handling Improvements, Screenings Removal, Collection System renovation and capacity needs, Pumping Station Renovations, various seismic improvements, and the Concord Landscape Irrigation. He presented baselines for the proposed Fiscal Year 2013 -14 CIB. Member Pilecki emphasized the need to complete the Asset Management Plan for the Treatment Plant to provide a better picture of what needs to be done. He also suggested revisiting the possibility of at least integrating short-term borrowing, given the low interest rates that are available. Noting that he was not necessarily against a rate increase, he asked what the consequences would be if the District had to live within its current revenue. Member Causey requested that, when staff brings forward its Financial Plan, it incorporate all revenues associated with the Capital Plan, including anticipated grants and partner payments from the Contra Costa Water District (CCWD). He stated that it would be helpful to see the full revenue picture and know which projects are most critical. Member Williams asked for the District's favored debt service coverage ratio and how close the District is to it. He noted that the figure drives rates, and the District should remain aware of whether the target is being met. He restated his concerns, given the needs of the District, regarding its recycled water expenditures, noting that he is not against recycled water, but raises the issue of some ratepayers double paying for a service that others should rightfully be paying. The Board thanked Mr. Antkowiak for his presentation and concurred with the proposed preliminary recommendations so that staff may proceed with preparing financial planning documents in advance of the Board workshop scheduled to take place in January 2013. 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 12. SUGGESTIONS FOR FUTURE AGENDA ITEMS Page 62 — Page 108 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of December 20, 2012 13. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at 4:38 p.m. J es 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 Page 62 — Page 109