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HomeMy WebLinkAboutBOARD ACTION SUMMARY 03-21-13BOARD MEETING BOARD OF DIRECTORS: JAMES A. NEJEDLY President DAVID R. WILLIAMS President Pro Tem PAUL H. CAUSEY MICHAEL R. McGILL TAD J. PILECKI PHONE: (925) 228-9500 FAX: (925) 676-7211 www.centralsan.org BOARD MEETING A C T I O N S U M M A R Y Board Room Thursday March 21, 2013 2:00 p.m. 1. ROLL CALL PRESENT: Members: Causey, McGill, Pilecki, Williams, Nejedly ABSENT: Members: None a. Pledge of Allegiance to the Flag. BOARD ACTION: Said Pledge of Allegiance. 2. PUBLIC COMMENTS None. 3. CONSENT CALENDAR a. Approve minutes of Board meeting held February 21, 2013. b. Approve expenditures dated March 21, 2013. Reviewed by Budget and Finance Committee. c. Receive the 2012 Annual Report of the Deferred Compensation Plan Advisory Committee. Reviewed by Budget and Finance Committee. d. Approve use of revised administrative overhead percentage of 196 percent (three-year average rate) for billing outside agencies and for calculating the annual Environmental and Development-Related Rates and Charges. Reviewed by Budget and Finance Committee. e. Set public hearing on April 18, 2013 at 2:00 p.m. to consider adoption of an uncodified ordinance to amend the Schedule of Environmental and March 21, 2013 Board Action Summary Page 2 Development-Related Rates and Charges. Reviewed by Budget and Finance Committee. f. Set public hearing on April 18, 2013 at 2:00 p.m. to consider adoption of an uncodified ordinance to amend the Schedule of Capacity Fees. Reviewed by Budget and Finance Committee. g. Adopt Resolution 2013-004 accepting a grant of easement from 3977 S Peardale Associates, a California limited partnership, owners at 3977 South Peardale Drive in Lafayette (District Project 8404 – Parcel 8), and authorizing staff to record documents with the Contra Costa County Recorder. h. Adopt Resolution 2013-005 accepting a grants of easement from Jeffrey P. Slusarz and Elizabeth C. Slusarz, Alexander Hexemer and Michelle Hexemer, Edward D. Fernandez and Darlene A. Silver, Richard S. Wright, Gregory Ross and Kelli Ross, Bradley John Reital and Lindsay Hall, and Stephen L. Larmore, property owners at 49 Margaret Drive, 1282 Rudgear Road, 849 Hawthorne Drive, 868 Holly Hill Drive, 2181 Hillview Drive, and 2191 Hillview Drive in Walnut Creek, and 102 Austin Lane in Alamo, respectively, and authorizing staff to record the documents with the Contra Costa County Recorder. i. Adopt changes to job classification of Accountant. Approval recommended by Human Resources Committee. j. Adopt changes to job classification of Human Resources Analyst. Approval recommended by Human Resources Committee. k. Authorize military duty leave of absence without pay for Plant Operator I Todd Riley from April 2 through June 27, 2013. BOARD ACTION: Adopted the Consent Calendar as recommended with the exception of Item 3.d., which was tabled for discussion at the April 4, 2013 Board meeting. 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 5. PUBLIC HEARINGS a. Hold public hearing and consider adopting Resolution of Application 2013-006 approving a Negative Declaration, the proposed annexation, and the application to Contra Costa Local Agency Formation Commission (LAFCO) initiating annexation proceedings for Central Contra Costa Sanitation District (CCCSD) Annexation 184 -Alamo and Danville. March 21, 2013 Board Action Summary Page 3 BOARD ACTION: Adopted Resolution of Application 2013-006 approving a Negative Declaration, the proposed annexation, and the application to Contra Costa LAFCO initiating annexation proceedings for CCCSD District Annexation 184 – Alamo and Danville. b. Hold public hearing to conduct annual public review of Board Member compensation and benefits and consider (1) adopting an ordinance amending Title 2, Administration, of District Code Section 2.04.030, “Compensation of Board Members,” if a change in stipend is desired; and (2) directing staff to amend other compensation and benefits. Reviewed by Budget and Finance Committee. BOARD ACTION: Conducted annual public review of Board Member compensation and benefits and made no changes. 6. BIDS AND AWARDS a. Award a construction contract in the amount of $2,150,351 to Platinum Pipeline, Inc., the lowest responsive and responsible bidder for the Concord Landscape Project, District Project 7299; authorize the General Manager to execute the contract documents subject to submittal requirements; authorize the General Manager to execute a Right-of-Entry Agreement with Buchanan Fields Golf Course, Inc.; and authorize the General Manager to amend an existing professional services agreement with Carollo Engineers, Inc. in the amount of $325,000, for a new contract ceiling of $545,000, for design and construction support services for this project. BOARD ACTION: Awarded a construction contract to Platinum Pipeline, Inc. and authorized the General Manager to execute (1) contract documents subject to submittal requirements; (2) a Right-of-Entry Agreement with Buchanan Fields Golf Course, Inc.; and (3) an amendment to an existing professional services agreement with Carollo Engineers, Inc. (4-1; Williams, No) b. Award a construction contract in the amount of $1,321,305 to Carone & Company, Inc., the lowest responsive and responsible bidder for the Lafayette Sewer Renovations, Phase 8, District Project 8404; find that the project is exempt from California Environmental Quality Act (CEQA); and authorize the General Manager to execute the contract documents subject to submittal requirements. BOARD ACTION: Found that the project is exempt from CEQA; awarded a construction contract to Carone & Company, Inc.; and authorized the General Manager to execute the contract documents subject to submittal requirements. March 21, 2013 Board Action Summary Page 4 c. Award a construction contract in the amount of $2,046,630 to California Trenchless, Inc., the lowest responsive and responsible bidder for the 2013 Cured-in-Place Pipe (CIPP) Project, District Project 8405; find that the project is exempt from California Environmental Quality Act (CEQA); and authorize the General Manager to execute the contract documents subject to submittal requirements. BOARD ACTION: Found that the project is exempt from CEQA; awarded a construction contract to California Trenchless, Inc.; and authorized the General Manager to execute the contract documents subject to submittal requirements. 7. REPORTS a. Announcements 1) Recent Personnel Advancement – Robert Kin advanced to Plant Operator III effective January 16, 2013. 2) Update on Caffé Classico Source Control issues. 3) Pacific Gas and Electric Company (PG&E) plans natural gas utility outage for Treatment Plant 4) Request for Section 219 Program Funding Authorization for the Water Resources Development Act (WRDA) BOARD ACTION: Received the announcements. b. Counsel for the District District Counsel Kent Alm reported that a closed session would be held for Items 13.a and 13.b. c. Secretary of the District No reports. 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. March 21, 2013 Board Action Summary Page 5 Member Williams As a Board member of the National Association of Clean Water Agencies (NACWA), Member Williams announced that he must be a designated representative for a Member agency. Given his recent retirement from East Bay Municipal Utility District (EBMUD), he requested that the Board designate him as the District’s representative to NACWA. BOARD ACTION: Agendized the matter for discussion on April 4, 2013. Member Causey  February 25-27, 2013 -California Association of Sanitation Agencies (CASA) Legislative Conference in Washington, D.C. (expenses). Member McGill  March 7, 2013 – Contra Costa County Mayors Conference hosted by the City of Pleasant Hill featuring speakers from the Contra Costa Voluntary Organizations Active in Disaster and the support they provide communities after a natural or man-made disaster.  March 13, 2013 – The Industrial Association of Contra Costa County (IACCC) March Forum featuring a presentation by the Contra Costa Water District on the recent expansion of the Los Vaqueros Reservoir  March 18, 2013 – Budget and Finance Committee meeting – Member McGill (stipend) and President Nejedly (stipend). Member Pilecki  March 19, 2013 – Environmental Services Committee meeting -Member Pilecki (stipend) and Member Causey (stipend). President Nejedly BOARD ACTION: Received the reports. 2) Announcements Member McGill provided a written report covering Announcements. BOARD ACTION: Received the announcements. March 21, 2013 Board Action Summary Page 6 8. ENGINEERING a. Determine whether the Connection Fee Deferral Program should be allowed to expire on June 30, 2013; if the program is to be continued, set a public hearing on April 18, 2013 at 2:00 p.m. to consider extending the Program. Approval recommended by Budget and Finance Committee. BOARD ACTION: Set a public hearing for April 18, 2013 at 2:00 p.m. to consider extending the Connection Fee Deferral Program. 9. COLLECTION SYSTEM a. Receive the 2012 Collection System Sanitary Sewer Overflow Annual Report. BOARD ACTION: Received the report. 10. HUMAN RESOURCES a. Adopt Resolution 2013-007 appointing Alan Weer as Plant Operations Division Manager, M-24 ($11,530 -$14,015), effective March 21, 2013. Reviewed by Human Resources Committee. BOARD ACTION: Adopted Resolution 2013-007 appointing Alan Weer as Plant Operations Division Manager, M-24 ($11,530 -$14,015), effective March 21, 2013. (4-1; Causey, No) 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 12. SUGGESTIONS FOR FUTURE AGENDA ITEMS With respect to the ongoing recruitment for a new General Manager, Member Causey requested that the recruiter contact each Board Member individually to assure that their individual priorities and/or concerns are taken into consideration during the recruitment process. The Board concurred with his request. 13. CLOSED SESSION a. Conference with Legal Counsel -Anticipated Litigation -significant exposure to litigation pursuant to Government Code Section 54956.9(b): ● Contra Costa County Deputy Sheriffs Association, et al. v. Contra Costa County Employees’ Retirement Association (CCCERA), et al., Contra Costa County Superior Court Case No. MSN12-1870. March 21, 2013 Board Action Summary Page 7 b. Conference with labor negotiators pursuant to Government Code Section 54957.6: District Negotiators: ● Labor Negotiation and Benefits Counsel Edward L. Kreisberg, Esq. ● Provisional General Manager Curt 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 BOARD ACTION: Held the Closed Session. 14. REPORT OUT OF CLOSED SESSION With regard to Item 13.a., District Counsel Kent Alm reported that the Board authorized District Counsel to appear on behalf of the District at the show cause hearing. Counsel was instructed not to object to the District’s joinder into the existing lawsuit. With regard to Item 13.b., Mr. Alm reported that the Board provided direction to the District Negotiators and District Labor Counsel Daniel Clinton. 15. ADJOURNMENT – at 5:02 p.m. March 21, 2013 Board Action Summary Page 2 Development-Related Rates and Charges . Reviewed by Budget and Finance Committee. f. Set public hearing on Apr il 18, 2013 at 2:00 p.m. to consider adoption of an uncodified ordinance to amend the Schedule of Capacity Fees. Reviewed by Budget and Finance Committee. g. Adopt Resolution 2013-004 accepting a grant of easement from 3977 S Peardale Associates, a California limit ed partnership, owners at 3977 South Peardale Drive in Lafayette (District Project 8404 – Parcel 8), and authorizing staff to record documents with the C ontra Costa County Recorder. h. Adopt Resolution 2013-005 accepting a grants of eas ement from Jeffrey P. Slusarz and Elizabeth C. Slusarz, Al exander Hexemer and Michelle Hexemer, Edward D. Fernandez and Darlene A. S ilver, Richard S. Wright, Gregory Ross and Kelli Ross, Bradley John Reital and Lindsay Hall, and Stephen L. Larmore, property owners at 49 Ma rgaret Drive, 1282 R udgear Road, 849 Hawthorne Drive, 868 Holly Hill Drive, 2181 Hillvie w Drive, and 2191 Hillview Drive in Walnut Creek, and 102 Austin Lane in Alam o, respectively, and authorizing staff to record the documents with the Contra Costa County Recorder. i. Adopt changes to job classification of Accountant. Approval recommended by Human Resources Committee. j. Adopt changes to job classification of Human Resources Analyst. Approval recommended by Human Resources Committee. k. Authorize military duty leave of absence without pay fo r Plant Operator I Todd Riley from April 2 through June 27, 2013. BOARD ACTION: Adopted the Consent Calendar as recommended with the exception of Item 3.d., which was tabled for discussion at the April 4, 2013 Board meeting. 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 5. PUBLIC HEARINGS a. Hold public hearing and consider adopting Resolution of Application 2013-006 approving a Negative Declar ation, the proposed annexation, and the application to Contra Costa Local Agency Formation Commission (LAFCO) initiating annexation proceedings for Central Contra Costa Sanitation District (CCCSD) Annexation 184 - Alamo and Danville. March 21, 2013 Board Action Summary Page 3 BOARD ACTION: Adopted Resolution of Application 2013-006 approving a Negative Declaration, the proposed annexation, and the application to Contra Costa LAFCO initiating annexat ion proceedings fo r CCCSD District Annexation 184 – Alamo and Danville. b. Hold public hearing to conduct annual public review of Board Member compensation and benefits and consider (1) adopti ng an ordinance amending Title 2, Administration, of District Code Section 2.04.030, “Compensation of Board Members,” if a change in stipend is desired; and (2) directing staff to amend other compensation and benefits. Reviewed by Budget and Finance Committee. BOARD ACTION: Conducted annual public review of Board Member compensation and benefits and made no changes. 6. BIDS AND AWARDS a. Award a construction contract in the amount of $2,150,351 to Platinum Pipeline, Inc., the lowest responsive and respons ible bidder for the Concord Landscape Project, District Project 7299; authorize the General Manager to execute the contract documents subject to submitta l requirements; authorize the General Manager to execute a Right-of-Entry Agreement with Buchanan Fields Golf Course, Inc.; and authorize the General Manager to amend an existing professional services agreement with Carollo Engineers, Inc. in the amount of $325,000, for a new contract ceiling of $545,000, for design and construction support services for this project. BOARD ACTION: Awarded a construction contract to Platinum Pipeline, Inc. and authorized the General Manager to execute (1) contract documents subject to submittal re quirements; (2) a Right-of-Entry Agreement with Buchanan Fields Golf Course, Inc.; and (3) an amendment to an existing professional services ag reement with Carollo Engineers, Inc. (4-1; Williams, No) b. Award a construction contract in the amount of $1,321,305 to Carone & Company, Inc., the lowest responsive and responsible bidder for the Lafayette Sewer Renovations, Phase 8, District Pr oject 8404; find that the project is exempt from California Environmental Quality Act (CEQA); and authorize the General Manager to execute the contract documents subject to submittal requirements. BOARD ACTION: Found that the project is exempt from CEQA; awarded a construction contract to Carone & Company, Inc.; and authorized the General Manager to execute the contr act documents subject to submittal requirements. March 21, 2013 Board Action Summary Page 4 c. Award a construction contract in the amount of $2,046,630 to California Trenchless, Inc., the lowest responsiv e and responsible bidder for the 2013 Cured-in-Place Pipe (CIPP) Project, Distric t Project 8405; find that the project is exempt from California Environmental Quality Act (CEQA); and authorize the General Manager to execute the contract documents subject to submittal requirements. BOARD ACTION: Found that the project is exempt from CEQA; awarded a construction contract to California Tr enchless, Inc.; and authorized the General Manager to execute the contr act documents subject to submittal requirements. 7. REPORTS a. Announcements 1) Recent Personnel Advancement – Robert Kin advanced to Plant Operator III effect ive January 16, 2013. 2) Update on Caffé Classico Source Control issues. 3) Pacific Gas and Electric Company (PG&E) plans natural gas utility outage for Treatment Plant 4) Request for Section 219 Program F unding Authorization for the Water Resources Development Act (WRDA) BOARD ACTION: Received the announcements. b. Counsel for the District District Counsel Kent Alm reported th at a closed session would be held for Items 13.a and 13.b. c. Secretary of the District No reports. 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 . March 21, 2013 Board Action Summary Page 5 Member Williams As a Board member of the National A ssociation of Clean Water Agencies (NACWA), Member Williams announc ed that he must be a designated representative for a Member agency. Given his recent retirement from East Bay Municipal Utility District (EBMUD), he requested that the Board designate him as the District’s representative to NACWA. BOARD ACTION: Agendized the ma tter for discussion on April 4, 2013. Member Causey  February 25-27, 2013 - California A ssociation of Sanitation Agencies (CASA) Legislative Conferenc e in Washington, D.C. (expenses). Member McGill  March 7, 2013 – Contra Costa County Mayors Conference hosted by the City of Pleasant Hi ll featuring speakers from the Contra Costa Voluntary Organizations Active in Disaster and the support they provide communities after a nat ural or man-made disaster.  March 13, 2013 – The Industrial Asso ciation of Contra Costa County (IACCC) March Forum featuring a pr esentation by the Contra Costa Water District on the recent expansi on of the Los Vaqueros Reservoir  March 18, 2013 – Budget and Fin ance Committee meeting – Member McGill (stipend) and President Nejedly (stipend). Member Pilecki  March 19, 2013 – Environmental Services Committee meeting - Member Pilecki (stipend) and Member Causey (stipend). President Nejedly BOARD ACTION: Received the reports. 2) Announcements Member McGill provided a written report covering Announcements. BOARD ACTION: Received the announcements. March 21, 2013 Board Action Summary Page 6 8. ENGINEERING a. Determine whether the Connection Fee Deferral Program should be allowed to expire on June 30, 2013; if the program is to be continued, set a public hearing on April 18, 2013 at 2:00 p.m. to consider extending the Program. Approval recommended by Budget and Finance Committee. BOARD ACTION: Set a public hearing fo r April 18, 2013 at 2:00 p.m. to consider extending the Connection Fee Deferral Program. 9. COLLECTION SYSTEM a. Receive the 2012 Collection System Sanitary Sewer Overflow Annual Report. BOARD ACTION: Received the report. 10. HUMAN RESOURCES a. Adopt Resolution 2013-007 appointing Alan Weer as Pl ant Operations Division Manager, M-24 ($11,530 - $14,015), effectiv e March 21, 2013. Reviewed by Human Resources Committee. BOARD ACTION: Adopted Resolution 2013-007 appointing Alan Weer as Plant Operations Division Manager, M-24 ($11,530 - $14,015), effective March 21, 2013. (4-1; Causey, No) 11. EMERGENCY SITUATIONS RE QUIRING BOARD ACTION None. 12. SUGGESTIONS FOR FUTURE AGENDA ITEMS With respect to the ongoing recruitmen t for a new General Manager, Member Causey requested that the recruiter cont act each Board Member individually to assure that their individual prioriti es and/or concerns are taken into consideration during the recruitment pr ocess. The Board concurred with his request. 13. CLOSED SESSION a. Conference with Legal Counsel - Anticipat ed Litigation - signifi cant exposure to litigation pursuant to Government Code Section 54956.9(b): ● Contra Costa County Deputy Sheriffs Asso ciation, et al. v. Contra Costa County Employees’ Retirement A ssociation (CCCERA), et al., Contra Costa County Superior Court Case No. MSN12-1870. March 21, 2013 Board Action Summary Page 7 b. Conference with labor negotiato rs pursuant to Government Code Section 54957.6: District Negotiators : ● Labor Negotiation and Benefits Couns el Edward L. Kreisberg, Esq. ● Provisional General Manager Curt Swanson ● Human Resources Manager Teji O’Malley ● Secretary of t he District Elaine Boehme Employee Organizations : ● Employees’ Association, Pub lic Employees Union, Local One ● Management Support/Conf idential Group (MS/CG) ● Management Group BOARD ACTION: Held the Closed Session. 14. REPORT OUT OF CLOSED SESSION With regard to Item 13.a., District C ounsel Kent Alm reported that the Board authorized District Counsel to appear on be half of the District at the show cause hearing. Counsel was instru cted not to object to the District’s joinder into the existing lawsuit. With regard to Item 13.b., Mr. Alm reporte d that the Board provided direction to the District Negotiators and Distri ct Labor Counsel Daniel Clinton. 15. ADJOURNMENT – at 5:02 p.m.