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Home My WebLink AboutBOARD ACTION SUMMARY 04-17-14 (Special)Jl Central Contra Costa Sanitary District SPECIAL BOARD MEETING ACTION SUMMARY Board Room Thursday April 17, 2014 6:00 p.m. (public hearings — 7:00 p.m.) 1. ROLL CALL B0_41D OFDIREC'TOKS: DAT7D R. IT=1.4.IIS' President _1IICHAEL RAXUILL President Pro Ten? R4rT H. ('4i "tiEF ,T4_1 LEI; A. NEJEDLF T.4D J. PILECB7 PHOAE: (935) 338 -9500 E_II: (925) 372-0193 11,11 w. cent alsan. org PRESENT: Members: Causey, McGill, Nejedly, Pilecki, Williams ABSENT: Members: None a. Pledge of Allegiance to the Flag. BOARD ACTION 2. PUBLIC COMMENTS None. 3. CONSENT CALENDAR Said Pledge of Allegiance. a. Approve minutes of March 20, 2014 Board meeting. b. Approve expenditures dated April 17, 2014. Approval recommended by Finance Committee. C. Authorize the General Manager to execute agreements with Harvest Technical Services, Inc., Complete Project Solutions, Inc., and JN Engineering, in an amount not to exceed $100,000 each, to provide relief construction inspection services on an as- needed basis for construction of the District's 2014 -15 Capital Improvements Projects. d. Approve salary adjustment effective April 18, 2014 for Secretary of the District Elaine R. Boehme, an unrepresented employee, to conform with salary adjustment in the most recent Management Group Memorandum of Understanding (MOU). e. Adopt Resolution 2014 -009 accepting two grants of easements related to the North Orinda Sewer Renovations, Phase 5, District Project 8411, from property owners Gonzalo Obnial and Marisol Timtiman of 39 Ardilla Road, April 17, 2014 Special Board Action Summary Page 2 and Willis H. McNeil, Jr. and Jean M. McNeil of 35 Ardilla Road, Orinda; and authorizing staff to record the documents with the Contra Costa County Recorder. Authorize the General Manager to enter into a two -year agreement with PaintCare, Inc., with automatic one -year renewals, to receive an estimated $20,000 annual revenue for reusable paint products collected at the District's Household Hazardous Waste Facility which are in turn given away to the public at no charge. Approval recommended by Real Estate, Environmental & Planning Committee. BOARD ACTION: Adopted the Consent Calendar as recommended. 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 5. BIDS AND AWARDS a. Waive non - material irregularity and award a construction contract in the amount of $1,748,505 to Bay Pacific Pipelines, Inc., the lowest responsive and responsible bidder for the North Orinda Sewer Renovations, Phase 5, District Project 8411; and authorize the General Manager to execute the contract documents subject to submittal requirements. BOARD ACTION: Waived non - material irregularity and awarded a construction contract to Bay Pacific Pipelines, Inc.; and authorized the General Manager to execute the contract documents subject to submittal requirements. [4 -1; Causey, No.] 6. REPORTS a. General Manager 1) Drought presentation by East Bay Municipal Utility District (EBMUD) Director John A. Coleman. BOARD ACTION: Received the presentation. 2) General Manager Announcements The following announcements were included in the agenda packet: a) Collection System Operations Division Selected as the Winner of Several California Water Environment Association (CWEA) State Awards April 17, 2014 Special Board Action Summary Page 3 b) Reporting of Personnel Advancements, Promotions, Retirements, Resignations C) Break in Recycled Water Line Near Diablo Valley College BOARD ACTION: Received the announcements. b. Counsel for the District None. C. Secretary of the District Secretary of the District Elaine Boehme announced the April 21, 2014 meetings of the Administration Committee at 8:00 a.m., Engineering & Operations Committee at 1:00 p.m., and Finance Committee at 3:00 p.m. d. Board Members 1) Board Member reports on recent meetings or conferences for which they received the stipend or for which the District paid their expenses; and future meetings or conferences for which they will receive the stipend or for which the District will pay their expenses. Member Causey • April 7, 2014 — Ad Hoc Committee meeting re CoCo San Sustainable Farm — Member Causey (stipend) and Member Pilecki (stipend). a) April 7, 2014 — Finance Committee meeting — Member Causey (stipend) and Member Nejedly (stipend). Member McGill b) April 2, 2014 — Administration Committee meeting — Member McGill (stipend) and President Williams (stipend). • April 3, 2014 — Contra Costa County Mayors Conference hosted by the City of Richmond featuring a presentation by Randy Iwasaki, Executive Director of the Contra Costa Transportation Authority on the future of transportation in the County and beyond (expenses). • April 9, 2014 — The Industrial Association of Contra Costa County (IACCC) April Forum. Topic: California Rolls Out "Green Chemistry" Regulations (expenses). April 17, 2014 Special Board Action Summary Page 4 Member Nejedly c) April 8, 2014 — Real Estate, Environmental & Planning Committee meeting — Member Nejedly (stipend) and Member McGill (stipend). President Williams • President Williams announced he will be on vacation from April 28 — May 9, 2014. BOARD ACTION: Received the reports. 2) Board Member Announcements Member McGill provided a written report covering Announcements. BOARD ACTION: Received the announcements. 3) Appoint a voting delegate and alternate delegate for the Contra Costa Local Agency Formation Commission ( LAFCO) election to be held on April 21, 2014, and provide direction to the delegates on how to cast the District's votes for both the regular and alternate special district seats up for reelection — Member McGill. BOARD ACTION: Appointed Member McGill and President Williams as the LAFCO voting delegate and alternate delegate, respectively, and provided voting direction to keep incumbents in place. 7. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 8. SUGGESTIONS FOR FUTURE AGENDA ITEMS 1► reyn 9. ANNOUNCEMENT OF CLOSED SESSION (Pursuant to Government Code Section 54957.7) District Counsel Kent Alm announced Closed Session Item 10.a. 10. CLOSED SESSION a. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8: April 17, 2014 Special Board Action Summary Page 5 Property: Portion of the Kiewit Property, 5501 Imhoff Drive, Martinez, CA (APN 159 - 140 -052) District Negotiators: • District Counsel Kenton L. Alm, Esq. • General Manager Roger S. Bailey • Environmental Services Division Manager Danea Gemmell Negotiating Party: AgLantis, a public benefit corporation, for the CoCo San Sustainable Farm Project Under Neaotiation: Lease Terms BOARD ACTION: Held closed session. 11. REPORT OUT OF CLOSED SESSION None. 7:00 p.m. 12. PUBLIC HEARINGS a. Conduct a public hearing to consider whether or not to reduce the $34 per Residential Unit Equivalent Sewer Service Charge (SSC) rate increase previously approved for Fiscal Year 2014 -15. BOARD ACTION: Took no action, leaving unchanged the $34 per Residential Unit Equivalent SSC rate increase previously approved for Fiscal Year 2014 -15. b. Conduct a public hearing to consider entering into a lease agreement with AgLantis of an approximate 14.8 -acre portion of the District's Kiewit property (APN 159- 140 -051) for the CoCo San Sustainable Farm Project for a term of up to ten years in the amount of $1 per year. If a majority of the Board agrees to enter into a lease agreement, take the following actions: 1. Authorize the General Manager or his designee to execute the lease agreement; and 2. Declare the property as currently unneeded for a period not to exceed ten years. BOARD ACTION: a. Declared the approximate 14.8 -acre portion of the District's Kiewit property as currently unneeded, and that entering into a lease with AgLantis for the CoCo San Sustainable Farm Project is in the District's best interests, is compatible with surrounding uses, and would provide a public benefit; April 17, 2014 Special Board Action Summary Page 6 b. Authorized the General Manager to execute the lease with AgLantis for a period not to exceed ten years, subject to approval by the Ad Hoc Committee of the following seven modifications to the proposed lease terms: 1. The term "Performance Goals" (Exhibit D) should be changed into "Performance Requirements;" 2. The Performance Requirements, if not met, will be subject to the default provisions; 3. Donation or sale of specific amount of produce to the food bank /schools or similar charity shall be added as a Performance Requirement; 4. Add language to the end of Section 14.4.14 clarifying that the paragraph is intended to be "...consistent with existing laws protecting corporate entities and public officials;" 5. The second to last line of last paragraph of Section 2.1 should read "at least one year" rather than "no later than one year;" 6. Clarify language in Section 9.2 to provide for the bond amount to increase as construction activity on the site increases; and 7. Revise language to require District approval for all capital improvements, including those on Exhibit C. C. The effective date of lease will be upon approval by the Board at a future Board meeting of a business plan, which must be submitted within 60 days. [4 -1; Nejedly No.] 13. ADJOURNMENT -at 9:03 p.m.