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HomeMy WebLinkAboutBOARD MINUTES 07-11-13 (Special)MINUTES OF THE SPECIAL MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 11, 2013 The Board of Directors of the Central Contra Costa Sanitary District convened in a special meeting in the Board Room, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:03 p.m. on Thursday, July 11, 2013. President Nejedly called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Causey, McGill, Pilecki, Williams, Nejedly ABSENT: Members: None 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 meetings held on the following dates: June 6, 2013 and June 12, 2013. b. Approve expenditures dated July 11, 2013. Reviewed by Budget and Finance Committee. c. Receive May 2013 Financial Statements and Investment Reports. Reviewed by Budget and Finance Committee. d. Set August 1, 2013 at 2:00 p.m. as the date and time for a public hearing to consider placing the Fiscal Year 2013 -14 Sewer Service Charges on the Contra Costa County tax roll for collection. e. Authorize the General Manager to execute a professional engineering services agreement with RMC Water and Environment in the amount of $135,000 to prepare a feasibility study for the Refinery Recycled Water Project, District Project 7300. Approval recommended by Enterprise Committee. Book 62 — Page 256 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 11, 2013 f. Authorize the General Manager to amend an existing professional services agreement with Federal Advocates from $149,500 to $179,500 to continue advocacy efforts to obtain Federal grant funding for the Refinery Recycled Water Project, District Project 7300. Approval recommended by Enterprise Committee. g. Adopt Resolution 2013 -014 accepting a grant of easement from Jason W. Baskett and Lynn H. Baskett, property owners at 44 Barbara Road in Orinda (APN 273 -063- 030) (Job 2645 — Parcel 7); and authorize staff to record documents with the Contra Costa County Recorder. h. Adopt revisions to the job classification of Administrative Services Supervisor Contra Costa Water District (CCWD) Planning Manager Jeff Quimby addressed the Board regarding Item 3.e. He stated that CCWD is completing its Future Water Supply Study to examine demand projections as well as existing and additional supply options, such as recycled water, desalination, and water transfers. He noted that CCWD will share this information with the District, to feed into the proposed feasibility study for the Refinery Recycled Water Project. CCWD staff will make recommendations to its Board in spring or summer 2014, and any decision from CCWD whether to pursue a particular project would be made after the Future Water Supply Study is completed. Member Williams requested that Item 3.e. be considered separately. It was moved by Member McGill and seconded by Member Causey to adopt the Consent Calendar Items 3.a. — 3.d. and V. — 3.h. as recommended. Motion passed by unanimous vote of the Board. With regard to Item 3.e., Member Williams recalled that he has voted against recycled water projects consistently in the past, not because he was against recycled water, but because of his belief that the wrong ratepayers have been paying for the service. Since he views recycling water as the responsibility of the water districts, he hoped that, in keeping with the Urban Water Management Act's 2020 goals, CCWD will accept that responsibility. President Nejedly stated that he has voted consistently in favor of recycled water projects and would continue to do so, without regard for the actions or inactions of CCWD. He echoed Member Williams' sentiments that CCWD should pay for recycling; however, it was his position that the District should pay if CCWD does not. Member McGill thanked Mr. Quimby for attending the meeting and stated that he looked forward to a new relationship with CCWD as an active partner toward the 2020 goals. He noted that recycled water historically has been an objective of the Board and that, while expanding the recycled water program has been a difficult process, he was willing to overlook the past if forward progress can be made and the two districts can work together. It was moved by Member Williams and seconded by President Nejedly to adopt Consent Calendar Item 3.e. as recommended. Motion passed by unanimous vote of the Board. Book 62 — Page 257 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 11, 2013 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item 8.a. was taken out of order. 5. PUBLIC HEARINGS a. HOLD PUBLIC HEARING TO CONSIDER ADOPTING RESOLUTION 2013 -016 DECLARING A PORTION OF THE DISTRICT'S PROPERTY LOCATED AT 1250 SPRINGBROOK ROAD IN WALNUT CREEK (APN 177 - 270 -030) AS CURRENTLY UNNEEDED; AUTHORIZING THE GENERAL MANAGER TO AMEND THE CURRENT LEASE WITH NEW CINGULAR WIRELESS PCS LLC (FORMERLY AT &T WIRELESS PCX, INC.) TO EXPAND THE LAND AREA OF THE LEASE AND EXTEND THE TERM OF THE LEASE FOR UP TO TEN YEARS FOR CONTINUED USE OF THE PROPERTY AS A WIRELESS TELECOMMUNICATIONS FACILITY; AND FIND THAT THE LEASE AMENDMENT AND EXTENSION ARE EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The Enterprise Committee reviewed and recommended this matter for Board approval at its May 6, 2013 meeting. Provisional General Manager Curt Swanson stated that, since 2004, Cingular Wireless has leased approximately 220 square feet of property on the Collection System Operations (CSO) site in Walnut Creek. Staff has prepared an updated lease to expand the lease area to 445 square feet to accommodate additional equipment for Cingular, and a public hearing is required prior to executing that lease. Senior Right -of -Way Agent Rick Hernandez stated that the current lease with Cingular expires in 2024. Initially, the lease set rent at $15,000 per year; currently, the rent is $17,250 per year. The proposed lease sets an initial rent of $36,000 per year, beginning in 2013 and expiring in 2023, with a five -year extension option. The proposed rent was set based on a market study performed by real estate consultant, David Tattersall and Company. District Counsel Kent Alm clarified that the District is legally obligated to hold another public hearing before being able to extend the lease for an additional five years. The public hearing was opened and closed without comment. It was moved by President Nejedly and seconded by Member Williams to adopt Resolution 2013 -016 declaring a portion of the District's property located at 1250 Springbrook Road in Walnut Creek (APN 177 - 270 -030) as currently unneeded; authorizing the General Manager to amend the current lease with New Cingular Wireless PCS, LLC (formerly AT &T Wireless PCX, Inc.) to expand the land area of the lease and extend the term of the lease for up to ten years for continued use of the property as a wireless telecommunications facility; and find that the lease Book 62 — Page 258 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 11, 2013 amendment and extension are exempt from California Environmental Quality Act (CEQA). Motion passed by unanimous vote of the Board. 6. BIDS AND AWARDS a. AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $2,085,370 TO CALIFORNIA TRENCHLESS, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR THE DIABLO SEWER RENOVATIONS PHASE 2 DISTRICT PROJECT 5976; AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE THE CONTRACT DOCUMENTS SUBJECT TO SUBMITTAL REQUIREMENTS Provisional General Manager Curt Swanson stated that, on June 27, 2013, the District received three bids for the project, which will renovate approximately 9,350 feet of 6 -, 8 -, 10 -, and 12 -inch sewer in parts of Danville and Diablo by horizontal directional drilling, pipe- bursting, and open -cut methods. Staff has reviewed the bids and recommends award to California Trenchless, Inc. in the amount of $2,085,370. It was moved by Member Causey to refer the matter to the Capital Projects Committee for a recommendation whether the contract should be awarded and if there should be an additional financial obligation approved. He thanked staff for educating him at the June 27, 2013 Capital Projects Committee meeting and cited the following reasons for his motion: (1) the original budget has been exceeded by more than 30 percent, (2) the scope has changed in both dollars and linear feet, (3) the exceedance is larger than the contingency amount in this year's Collection System Operations budget by about 15 percent, and (4) there is sufficient time for the Committee to confer, since the contract does not have to be awarded until August 16, 2013. Member Williams suggested that the issues raised by Member Causey of projects over budget as a whole be discussed at the upcoming Board Priorities Workshop. Member McGill stated that he was reluctant to break precedence about the Capital Improvement Budget process at this time. He suggested that the Board may want to develop a procedure for projects that have changed since the time they were budgeted, and he agreed with Member Williams' suggestion to discuss the matter at the Workshop. The motion made by Member Causey died for lack of a second. It was moved by Member Williams and seconded by President Nejedly to award a construction contract in the amount of $2,085,370 to California Trenchless, Inc., the lowest responsive and responsible bidder for the Diablo Sewer Renovations, Phase 2, District Project 5976; and authorize the General Manager to execute the contract documents subject to submittal requirements. Motion passed by the following vote of the Board: Book 62 — Page 259 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 11, 2013 AYES: Members: McGill, Pilecki, Williams, Nejedly NOES: Members: Causey ABSTAIN: Members: None 7. REPORTS a. GENERAL MANAGER 1) Update on payments of outstanding capacity fees and delinquent capacity fees Senior Engineer Thomas Brightbill recalled that, on June 6, 2013, the Board adjusted charges for appellant property owner Richard Price. Mr. Brightbill stated staffs understanding that this was a special case and staff will continue to collect capacity fees as it did before June 6, by charging the fees that would have been charged on the discovery date. He noted that, since the memo included in the Board agenda packet was drafted, staff has received three additional payments, including one from Mr. Price. District Counsel Kent Alm confirmed that staff is continuing with the practice that was in place prior to the Richard Price special case. The Board concurred that a policy change did not need to be considered at this time. 2) Update on the Seismic Improvements for Headquarters Office Building (HOB), District Project 8226 Senior Engineer Edgar Lopez stated that 51 Requests for Information (RFIs) have been received, and there has been one change order of $10,800, for a new total project cost of $2,817,951. The contractor, D.L. Falk, has been paid $1,263,000, or 45 percent of the total project amount. Ongoing activities include structural steel modifications on the garden level, second, and third floors; domestic and recycled plumbing; and fire protection, which is at 60 percent completion. The restoration process has begun, and fiber has been completed for the Network Upgrades. Mr. Lopez noted that construction is slightly behind schedule, which prompted the contractor to increase work forces in May and July 2013. Steel modifications are 70 percent complete, and welding is expected to be substantially complete by the end of July. About 54 percent of the total project work has been completed, and 63 percent of the project time expired. D.L. Falk is potentially up to 3 weeks behind schedule, but contract completion is expected in October 2013. 3) Announcements The following written announcements were included with the agenda packet: Book 62 — Page 260 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 11, 2013 a) Staff Promotions of Nathaniel Morales to Senior Engineer in the Plant Operations Department, Edgar Lopez to Senior Engineer in the Capital Projects Division, and Paul Fuentes to Engineering Assistant III in the Capital Projects Division b) Employee Appreciation Picnic to be held on July 17, 2013 c) Treatment Plant opacity excursion experienced on June 20, 2013 The following additional announcements were made at the meeting: d) Sheriff Substation in Alamo to become pharmaceutical collection site in mid August e) Contra Costa Safe Medicine Disposal Forum to take place July 18, 2013 at JFK University f) Fiscal Year 2013 -14 Capital Improvement Budget (CIB) and Ten -Year Plan Executive Summary now available Provisional General Manager Curt Swanson announced that the Executive Summaries have been distributed to the Board and more are available upon request. b. COUNSEL FOR THE DISTRICT No reports. C. SECRETARY OF THE DISTRICT Secretary of the District Elaine Boehme announced the upcoming meeting of the Enterprise Committee scheduled for July 18, 2013. 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 reported that he would be attending the National Association of Clean Water Agencies (NACWA) Summer Conference in the upcoming week. Book 62 — Page 261 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 11, 2013 Member McGill Member McGill and President Nejedly reported on the June 24, 2013 Enterprise Committee meeting and summarized the Action Summary. The Board received the report without comment. Member McGill and President Nejedly reported on the July 8, 2013 Budget and Finance Committee meeting and summarized the Action Summary. The Board received the report without comment. Member Pilecki Member Pilecki and Member Causey reported on the June 27, 2013 Capital Projects Committee meeting and summarized the Action Summary. The Board received the report without comment. 2) Announcements Member McGill provided a written report covering Announcements. 8. HUMAN RESOURCES a. ADOPT RESOLUTION 2013 -015 APPOINTING ROGER S. BAILEY TO THE POSITION OF GENERAL MANAGER EFFECTIVE AUGUST 19 2013 AT A STARTING SALARY OF $19,083.34 PER MONTH ($229,000 PER YEAR); RESCINDING RESOLUTION 2012 -019• AND APPROVING THE EMPLOYMENT AGREEMENT President Nejedly stated that, after many interviews, the Board has selected Roger S. Bailey as the new General Manager. It was moved by Member McGill and seconded by Member Causey to adopt Resolution 2013 -015 appointing Roger S. Bailey to the position of General Manager effective August 19, 2013 at a starting salary of $19,083.34 per month ($229,000 per year); rescinding Resolution 2012 -019; and approving the Employment Agreement. Motion passed by unanimous vote of the Board. President Nejedly noted that the Board has been able to rely on Provisional General Manager Curt Swanson for a variety of leadership roles and acknowledged his excellent performance for the District. He thanked him for his service and for being a team player. Member Williams left the meeting at 2:30 p.m Book 62 — Page 262 None. None. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of July 11, 2013 9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 10. SUGGESTIONS FOR FUTURE AGENDA ITEMS 11. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at 2:58 p.m., followed by a Reception in the Multi- Purpose Room to welcome new General Manager Roger S. Bailey. 6 Ja . 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 Book 62 — Page 263