Loading...
HomeMy WebLinkAbout03.a. Draft Minutes of June 5, 2014 Board Meeting3-a- MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JUNE 5, 2014 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, June 5, 2014. President Williams called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Causey, McGill, Nejedly, Pilecki, Williams 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. AWARDS AND COMMENDATIONS a. PRESENTATION BY STEVE DOMINGUEZ, PRESIDENT OF CALIFORNIA WATER ENVIRONMENT ASSOCIATION (CWEA) SAN FRANCISCO BAY SECTION, OF CWEA STATE -LEVEL AWARDS TO THE DISTRICT'S COLLECTION SYSTEM OPERATION (CSO) DIVISION AS FOLLOWS: • LARGE COLLECTION SYSTEM OF THE YEAR • SUPERVISOR OF THE YEAR - DANTE MARCHETTI, RODDING SUPERVISOR • GIMMICKS AND GADGETS, FIRST PLACE - LEO GONZALEZ: ERGONOMIC HOSE RACK • GIMMICKS AND GADGETS, THIRD PLACE - MIKE KLUBBEN: ROD TURNING HANDLE President of the California Water Environment Association (CWEA) Bay Section Steve Dominguez presented the awards, which were awarded to the Collection System Operations (CSO) Department at the CWEA 2014 Annual Conference in April 2014. He applauded Maintenance Supervisor Dante Marchetti for his service which won him Supervisor of the Year, and he described the winning tools designed by Pumping Stations Supervisor Leo Gonzalez and Construction Equipment Operator CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of June 5, 2014 Mike Klubben, each of which improved on the ability of CSO operators to perform their work safely and efficiently. Mr. Marchetti, Mr. Gonzalez, and Mr. Klubben expressed thanks to the Board and their colleagues for their support. 4. CONSENT CALENDAR a. Approve minutes of May 1, 2014 Board meeting. b. Approve expenditures dated June 5, 2014. Approval recommended by Finance Committee. C. Receive April 2014 Financial Statements and Investment Reports. Approval recommended by Finance Committee. d. Adopt updated salary schedule for all District job classifications effective April 18, 2014 to meet disclosure requirements of a "publicly available pay schedule" under the Pension Reform Act of 2013 (PEPRA). e. Authorize the General Manager to execute a professional services agreement in the amount of $115,000 with The Gardens at Heather Farm to administer student educational programs for a five -year period (one year, with four optional one -year extensions). Adopt Resolution 2014 -012 (1) accepting a grant of easement related to the Diablo Sewer Renovations, Phase 2, District Project 5976, from property owners Joseph Gerald Slavonia and Marguerite Fiori Slavonia of 1615 Club House Road in Diablo; (2) authorizing the execution of a quitclaim deed; and (3) authorizing staff to record the documents with the Contra Costa County Recorder. g. Authorize the General Manager to execute a professional engineering services agreement with Collison Engineering at a cost not to exceed $95,000 for Phase 1 of the Zeolite - Anammox Pilot Plant Study as part of the Plant of the Future Roadmap, District Project 7315. Approval recommended by Engineering & Operations Committee. h. Add and authorize the filling of a new Operations Safety Specialist (S -71, $7,305 - $8,837) position. Approval recommended by Administration Committee. i. Authorize approval of proposed changes to California Association of Sanitation Agencies (CASA) Bylaws, and appoint President Williams as voting delegate and President Pro Tern McGill and General Manager Roger Bailey as the 1St and 2 "d Alternate voting delegates, respectively. Approval recommended by Administration Committee. 1 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of June 5, 2014 j. Adopt Resolution 2014 -013 supporting the Association of California Water Agencies' (ACWA) Statewide Water Action Plan (SWAP) and authorize the General Manager to encourage adoption of a similar resolution by the California Association of Sanitation Agencies (CASA). Member Pilecki requested that Item 4.j. be pulled for discussion. Member Causey requested that Items 4.e. and 4.h. also be considered separately. Regarding Item 4.a., President Williams noted that the May 1, 2014 Board meeting minutes erroneously stated that he reported on the April 21 Administration Committee meeting, when he was not present at the May 1 Board meeting to do so. President Williams also commented that Item 4.g. authorizes the General Manager to execute a contract whose amount is within his authority limits. While he understood that staff was presenting it to the Board with the understanding that the project would lead to future work, bringing the total over the authority limit, he cautioned against the Board encroaching upon authority given to the General Manager. It was moved by Member Causey and seconded by Member McGill to adopt Items 4.a., with the amendment to the minutes suggested by President Williams, through 4.d., 4.f., 4.g., and 4.i. Motion passed by unanimous vote of the Board. Member Causey asked questions regarding the cost and terms of the contract in Item 4.e. It was moved by Member McGill and seconded by Member Causey to adopt Item 4.e. Motion passed by unanimous vote of the Board. Regarding Item 4.h., Member Causey asked questions regarding the placement of the Operations Safety Specialist in the organization chart and confirmed that the Administration and Engineering Departments would receive the appropriate support from the Safety Department. It was moved by Member Pilecki and seconded by Member McGill to adopt Item 4.h. Motion passed by unanimous vote of the Board. Member Pilecki suggested that the proposed resolution in Item 4.j. indicate that the District's support of the use of recycled water to meet the State's water needs is a main reason for its support of the Statewide Water Action Plan. It was moved by Member McGill and seconded by Member Causey to adopt Item 4.j., with the addition of wording to the resolution proposed by Member Pilecki. Motion passed by unanimous vote of the Board. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER District Counsel Kent Alm stated that after the agenda posting deadline of 72 hours prior to this meeting District Counsel found that a motion was filed by the County of Alameda regarding litigation affecting retirement through Contra Costa County Employees' Retirement Association (CCCERA). The motion was to extend the stay that was placed 3 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of June 5, 2014 by the trial court. The District was not served, but the appellate court accepted the motion on June 4, 2014, meaning that should the District choose to respond to the motion, it would have to do so by June 16, before the next regularly scheduled Board meeting on June 19. He requested that the Board add the item to the agenda. It was moved by Member Causey and seconded by Member Pilecki to (1) find that the need to consider the item arose after the agenda posting deadline of 72 hours before the regular meeting and there was an immediate need to take action before the next regularly scheduled Board meeting, and (2) add the following closed session item as an urgency item at the end of the agenda, as recommended by District Counsel: a. Conference with Legal Counsel - Existing Litigation - pursuant to Government Code Section 54956.9(a): • 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. Motion passed by unanimous vote of the Board. 6. PUBLIC HEARINGS a. CONDUCT A PUBLIC HEARING TO CONSIDER THE FOLLOWING MATTERS; APPROVAL RECOMMENDED BY ENGINEERING & OPERATIONS COMMITTEE: ADOPTING THE FISCAL YEAR 2014 -15 CAPITAL IMPROVEMENT BUDGET (CIB) FOR INCLUSION IN THE FISCAL YEAR 2014 -15 DISTRICT BUDGET; APPROVING THE 2014 TEN -YEAR CAPITAL IMPROVEMENT PLAN (CIP); AND MAKING THE FINDING THAT THE DOCUMENTS ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Capital Projects Division Manager Andrew Antkowiak presented an overview of the Fiscal Year (FY) 2014 -15 Capital Improvement Budget and 2014 Ten -Year Capital Improvement Plan, which was the subject of the Board CIB /CIP Workshop on April 10, 2014. The $296 million Ten -Year Plan funds the Treatment Plant, Collection System, General Improvements, and Recycled Water programs. The total estimated FY 2014 -15 expenditures for all four programs is $25,079,000. Projects with major expenditures in the four programs include the Primary Treatment Renovation; sewer renovations in North Orinda, Walnut Creek, and Martinez; Information Technology; and recycled water customer connections. The public hearing was opened and closed without comment. President Williams noted that the Plant of the Future Roadmap and Treatment Plant Planning seem to be related projects, along with the Zeolite - Anammox Pilot 4 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of June 5, 2014 Plant Study. General Manager Roger Bailey replied that staff could look into combining them into one. Member Williams requested that the Recycled Water Program be considered separately. It was moved by Member Pilecki and seconded by Member Nejedly to take the following actions: (1) adopt the FY 2014 -15 CIB, excluding the Recycled Water Program, for inclusion in the FY 2014 -15 District Budget; (2) approve the 2014 Ten -Year CIP, excluding the Recycled Water Program; and (3) make the finding that the documents are exempt from CEQA. Motion passed by unanimous vote of the Board. Regarding the Recycled Water Program, President Williams stated that he felt a responsibility to ensure that every action taken by the Board is fair and equitable to its ratepayers. He stated that there is no benefit to the District in terms of any capital avoidance to invest in recycling; there is negligible water quality impact for the District in diverting recycled water; and East Bay Municipal Utility District (EBMUD) ratepayers are paying double in the District's service area for recycled water. He cited the California Water Code, which delegates the responsibility for urban water management planning to urban water suppliers. President Williams then addressed the District's historical reasons for funding the Recycled Water Program. He stated that there is no longer a need to educate the public, as there is no longer a stigma against irrigating with recycled water. The right thing to do should be done when there is no law against it, and the law says the water districts are responsible. While the regulators favor recycling water, they are not a ratepayer. The EBMUD customers in the District's service area receive no benefit from the District's recycling efforts when they already pay through EBMUD. President Williams stated that he supports recycling, but purple pipes, which are the only viable way to expand the recycled water distribution, are expensive, and it is costly to spend $5 million over the next ten years. Continuing to fund recycling water sends a message to the Contra Costa Water District (CCWD) that if it does not recycle water, the District will. He stated his intent to continue to vote against the Recycling Water Program until circumstances change. It was moved by Member Nejedly and seconded by Member McGill to approve the Recycled Water Program. Motion passed by the following vote of the Board: AYES: Members: Causey, McGill, Nejedly NOES: Members: Pilecki, Williams ABSTAIN: Members: None Member Pilecki noted that, the more he became educated, the more he agreed with President Williams and saw the validity of his points. He stated that the CCWD needs to get the message that recycling water is its responsibility. 5 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of June 5, 2014 President Williams suggested that, at the minimum, the District should have a different rate for its customers who benefit from recycled water. General Manager Roger Bailey stated that the Board will consider a proposed contract for the cost -of- service study in the future, and a two -zone rate would be a policy issue for Board to decide once that study is conducted. b. CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTING THE FOLLOWING BUDGETS FOR FISCAL YEAR 2014 -15: APPROVAL RECOMMENDED BY FINANCE COMMITTEE: • OPERATIONS AND MAINTENANCE BUDGET, • DEBT SERVICE FUND BUDGET, AND • SELF - INSURANCE FUND BUDGET Finance Manager Thea Vassallo stated that the cost of service for next year's annual rate was $439, and revenues over expenses will be roughly $2 million. Total budgeted ad valorem tax is $13.7 million, $5.6 million of which is allocated to the Debt Service Fund. For the Self- Insurance Fund, a positive $33,000 of revenues over expenses is budgeted. The public hearing was opened and closed without comment. General Manager Roger Bailey stated that the Board received a spreadsheet with revisions to the Technical Training and Conferences portion of budget. Over the last four years, only 55 to 75 percent of that budget has been expended, which indicates that staff is overbudgeting to avoid requesting authorization from the Board for every out -of -state conference, for the sake of efficiency. Staff has since adjusted the numbers based on attendance at several conferences, including the Water Environment Federation Annual Technical Exhibition and Conference (WEFTEC), California Association of Sanitation Agencies (CASA), California Water Environment Association (CWEA), National Association of Clean Water Agencies (NACWA), SunGard, and California Public Employers Labor Relations Association (CALPELRA). He proposed a contingency amount be set aside, for which the Board would be asked permission as needed for out - of -state events. President Williams suggested that training be bifurcated to separate hands -on, technical training from professional development training. He stated that, as opposed to an elaborate system trying to foresee all future attendances, he would be comfortable with the General Manager, given his sensitivity to budgeting, informing the Board of out -of -state travel after the fact, with the Board reserving the right to provide feedback at any time. R CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of June 5, 2014 Member Pilecki supported President Williams' suggestion, noting that, having been in staff's position, he understood the difficulty of predicting conference attendance. Member Causey requested that next year there be a comprehensive training and professional development policy in place, outlining the budgeting process. President Williams suggested that the drafting of that policy be referred to the Administration Committee. It was moved by Member Pilecki and seconded by Member Nejedly to adopt the following budgets for FY 2014 -15: Operations and Maintenance Budget, Debt Service Fund Budget, and Self- insurance Fund Budget. Motion passed by unanimous vote of the Board. C. CONDUCT PUBLIC HEARINGS ON THE FOLLOWING MATTERS; APPROVAL RECOMMENDED BY FINANCE COMMITTEE: 1) CONSIDER ADOPTING UNCODIFIED ORDINANCE NO. 280 TO REPLACE THE "SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT - RELATED RATES AND CHARGES" ADOPTED PURSUANT TO ORDINANCE NO. 276 IN ACCORDANCE WITH DISTRICT CODE CHAPTER 6.30. APPROVAL RECOMMENDED BY FINANCE COMMITTEE Engineering Assistant Earlene Millier stated that, each year, the District calculates a variety of permit, inspection, and other fees, and increases them as needed. She stated that the recommended rates and charges follow the approach of annual adjustment for changes in salaries, benefits and overhead, resulting in an increase in 53 of 81 fees, most of which are about three percent. The additional revenue from the increased fees would be modest. She also described the outreach that was performed to alert the public to the proposed changes in the rates and charges. Member Causey suggested that staff evaluate the outreach process regarding what is legally required, given the high cost and the small number of people who have attended the hearings in the past. District Counsel Kent Alm noted that the only requirement is publishing a notice of public hearing to discuss the ordinance before adoption. There is no Proposition 218 requirement for these fees. Member Pilecki stated that there has been little attendance by members of the public, but the reason for that may be that the District provides the information up front. He supported at least continuing to disseminate the information electronically. The public hearing was opened and closed without comment. VA CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of June 5, 2014 It was moved by Member Nejedly and seconded by Member Pilecki to adopt Uncodified Ordinance No. 280 to replace the "Schedule of Environmental and Development - Related Rates and Charges" adopted pursuant to Ordinance No. 276 in accordance with District Code Chapter 6.30. Motion passed by unanimous vote of the Board. 2) CONSIDER ADOPTING UNCODIFIED ORDINANCE NO. 281 TO REPLACE THE "SCHEDULE OF CAPACITY FEES, RATES AND CHARGES" ADOPTED PURSUANT TO ORDINANCE NO. 277 IN ACCORDANCE WITH DISTRICT CODE CHAPTER 6.12. APPROVAL RECOMMENDED BY FINANCE COMMITTEE Senior Engineer Thomas Brightbill stated that capacity fees represent a one -time new users' buy -in to the existing assets of the District and are re- calculated each year to avoid larger increases that could result from multi -year adjustments. He described the outreach that was performed to alert the public of the proposed change in fees, rates, and charges. Staff recommends a one percent increase in Gravity Capacity Fee, to $5,995 per Residential Unit Equivalent (RUE) and Pumped Zone Capacity Fee, to $7,580 per RUE. Member Causey noted that, at a recent Council meeting, some Town of Danville Councilmembers mentioned that the District's capacity fees for in- law units are significantly drawing down their ability to economically allow second units in their town. He asked that staff look at the capacity fees to see if anything can be done for second living units on existing lots, to respond to the Town Councilmembers' concern regarding their low - income responsibilities. Mr. Brightbill stated that staff regularly works with the Town of Danville and understands its concerns. Environmental Services Division Manager Danea Gemmell noted that the Town of Danville is not in the Pumped Zone, so their fee is the Gravity Zone fee, which is proposed to be $5,995 per RUE. The public hearing was opened and closed without comment. It was moved by Member McGill and seconded by Member Causey to adopt Uncodified Ordinance No. 281 to replace the "Schedule of Capacity Fees, Rates and Charges" adopted pursuant to Ordinance No. 277 in accordance with District Code Chapter 6.12. Motion passed by unanimous vote of the Board. rn CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of June 5, 2014 7. REPORTS a. GENERAL MANAGER 1) Review draft comment letter on the Bay -Delta Conservation Plan (BDCP) and associated Environmental Impact Report/Environmental Impact Statement (EIR /EIS) Environmental Compliance Superintendent Tim Potter explained that the Bay Delta Conservation Plan (BDCP) was established to address balancing the conservation of a Bay Delta ecosystem with ensuring the supply of reliable, high quality water. He proposed submitting a comment letter under the public comment period, which ends July 29, 2014. He described the BDCP development process, identified the areas of concern with the BDCP and EIR /EIS documents, and went over specific comments in the proposed comment letter. Member McGill commended staff for the letter, specifically for the inclusion of the hydraulic connection of the San Francisco greater Bay to the Delta, which he believed to be critical. District Counsel Kent Alm questioned raising the issue of the limited plan area in the comment letter, since it may be inconsistent with statements made in the District's National Pollutant Discharge Elimination System ( NPDES) permit negotiations. Member McGill responded that he did not find it inconsistent and was inclined to leave the wording as is. General Manager Roger Bailey stated that he would review the language and adjust if necessary, as it may affect the District's ability to renew its NPDES permit. 2) Status update on list of areas for further discussion provided by Member Causey at May 15, 2014 meeting General Manager Roger Bailey stated that staff maintains a list of topics requested by the Board to complete, and staff could expedite items at the Board's discretion. Member Causey stated his opinion that the Board should provide prioritization to staff regarding the list of Board - requested topics. He said that his hope in creating the list that was included in the agenda packet was to help establish those priorities, perhaps through a workshop. M CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of June 5, 2014 Member Nejedly observed that the Board has overburdened staff, and he would rather see the General Manager run the District and the Board set policy, and not have a workshop. Member McGill recalled that the Board held a retreat where it set priorities, and it was in the process of putting together a Strategic Plan. He predicted that much of the direction that was being asked for by staff would flow out of that process. President Williams stated that priorities are important and the Board has taken steps to provide that direction to staff, such as asking for support from other Board Members during a Board meeting to add an item to a future agenda. Member Pilecki stated that there will be Board workshops for the cost -of- service study, which will address a lot of the concerns on the list. Some are already moving forward, and the list seems to already be prioritized. He suggested that the first ten should be finished and the General Manager should table the rest until he feels the time is appropriate. He also asked that, when the defined benefit and retirement presentations are made to the Board, that staff invite the union representatives to attend the Board meeting. President Williams noted that if any Board Member feels an item is not being given its due priority, he should raise the question. The Board will then discuss it and give direction to staff. 3) General Manager Announcements The following announcements were included in the agenda packet: a) Registration Differential for Assistant Engineer Mike Zubrzycki b) Public Bidding for Treatment Plant Equipment Replacement Project (3W High Pressure Pump), District Project 7265 c) 2014 Annual Recycled Water Rate Increase d) Local Agency Formation Commission (LAFCO) Municipal Service Review of District e) Update on Computer Virus Affecting District The following additional announcements were made at the meeting: f) Draft 2014 Strategic Plan to be Discussed at June 19, 2014 Board Meeting 10 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of June 5, 2014 g) 2014 Employee Appreciation Picnic Scheduled for July 16 h) General Manager Roger Bailey announced that the lease contract for a portion of the Kiewit property was signed by Dr. Carolyn Phinney from AgLantis for the CoCo San Sustainable Farm, and it was his intent to sign it in accordance with the Board's direction at its April 17, 2014 meeting. The business plan is to be presented to the Board on July 3, 2014, and once that is approved by the Board, the contract will be effective. b. COUNSEL FOR THE DISTRICT None. C. SECRETARY OF THE DISTRICT Secretary of the District Elaine Boehme announced the upcoming meeting of the Finance Committee, scheduled for June 9, 2014 at 3:00 p.m. 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 on the May 20, 2014 presentation given at Danville Town Council Meeting. Member Causey and Member Pilecki reported on the May 27, 2014 Ad Hoc Committee meeting regarding the CoCo San Sustainable Farm. The Board received the report without comment. Member Causey and Member Nejedly reported on the May 27, 2014 Finance Committee meeting. The Board received the report without comment. Member McGill Member McGill and President Williams reported on the May 13, 2014 and May 28, 2014 Administration Committee meetings. The Board received the report without comment. 11 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of June 5, 2014 Member Nejedly Member Nejedly and Member McGill reported on the May 29, 2014 Real Estate, Environmental & Planning Committee meeting. Member Nejedly noted that he suggested the District consult with Acme Landfill to open a section of their property to move the District's outflow pipe, in coordination with the Lower Walnut Creek Flood Protection and Habitat Restoration Project: Phase 1 — Project Visioning and Restoration Implementation. The Board received the report without comment. Member Pilecki Member Pilecki and Member Causey reported on the May 27, 2014 Engineering & Operations Committee meeting. The Board received the report without comment. 2) Board Member Announcements Member McGill provided a written report covering his announcements and other meetings. Member Causey noted that, on June 10, 2014, he and General Manager Roger Bailey would be meeting with City of San Ramon Mayor Bill Clarkson and City Manager Greg Rogers. 3) Board Member requests for advance authorization to receive a stipend for meeting attendance not specifically addressed in the current Board Compensation Resolution. None. 8. ADMINISTRATIVE a. ADOPT RESOLUTION 2014 -014 CALLING FOR THE NOVEMBER 4, 2014 ELECTION, REQUESTING CONSOLIDATION OF THE ELECTION OF DISTRICT BOARD MEMBERS WITH THE STATEWIDE ELECTION, SETTING FORTH DISTRICT REQUIREMENTS FOR CANDIDATE STATEMENTS (WORD COUNT AND COST SHARING), AND DIRECTING THE SECRETARY OF THE DISTRICT TO FILE THE RESOLUTION WITH THE ELECTIONS DEPARTMENT AND COUNTY BOARD OF SUPERVISORS Secretary of the District Elaine Boehme stated that there will be an election in November, and, each year, the County requires that the Board adopt a resolution consolidating the District's election with the statewide election. This year, the only change was that the County has reduced the allowable word count of the Candidate Statements from 300 to 250, due to revisions made in their voter 12 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of June 5, 2014 pamphlet. In the past, the Board required each candidate to pay $500 toward the cost of the Statement, and the District has paid the rest of the fee. The Board is asked to confirm whether or not to continue that practice, and information on what other agencies offer was included in the agenda packet. It was moved by Member Causey and seconded by Member McGill to adopt Resolution 2014 -014 calling for the November 4, 2014 election, requesting consolidation of the election of District Board Members with the statewide election, setting forth District requirements for Candidate Statements (word count and cost sharing), and directing the Secretary of the District to file the resolution with the Elections Department and County Board of Supervisors. Motion passed by unanimous vote of the Board. 9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION a. DECLARE AN EMERGENCY AND RATIFY THE GENERAL MANAGER'S ACTIONS UNDER PUBLIC CONTRACT CODE 22050 TO DIRECT W. C. MALONEY, INC., DN TANKS, AND DISTRICT FORCES TO PERFORM EMERGENCY REPAIRS ON THE DAMAGED SLUDGE BLENDING TANK LOCATED IN THE TREATMENT PLANT; AND APPROVE A SUPPLEMENTAL AUTHORIZATION FOR $200,000 TO THE TREATMENT PLANT PROGRAM CONTINGENCY ACCOUNT OF THE FISCAL YEAR 2013 -14 CAPITAL IMPROVEMENT BUDGET Associate Engineer Brad Leidecker stated that, on May 20, 2014, staff identified a failure on the eastern side of the Treatment Plant Sludge Blending Tank. On May 30, the General Manager declared an emergency based on safety hazards and the protection of the equipment in service. Staff has since secured the site; obtained a structural engineer; and hired a demolition specialist, W.C. Maloney, and a tank retrofit contractor, DN Tanks. To date, the imminent safety hazard has been removed and the post tensioned steel rods were inspected. Next, staff will continue to evaluate the tank, including a similar cracking on its north side; perform a structural analysis; and perform the repair required to end the emergency, which is expected for two to three additional weeks at potential costs up to $140,000 to $200,000. It was moved by Member Pilecki and seconded by Member Nejedly to declare an emergency and ratify the General Manager's actions under Public Contract Code 22050 to direct W. C. Maloney, Inc., DN Tanks, and District forces to perform emergency repairs on the damaged Sludge Blending Tank located in the Treatment Plant; and approve a supplemental authorization for $200,000 to the Treatment Plant Program contingency account of the FY 2013 -14 CIB. Motion passed by unanimous vote of the Board. 13 None. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of June 5, 2014 10. SUGGESTIONS FOR FUTURE AGENDA ITEMS 11. ANNOUNCEMENT OF CLOSED SESSION (Pursuant to Government Code Section 54957.7) District Counsel Kent Alm announced Closed Session Item 12.a., as added to the agenda by the Board earlier in the meeting as an urgency item. 12. CLOSED SESSION The Board recessed at 3:57 p.m. to reconvene in closed session in the Caucus Room regarding the following matter: a. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A): 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 The Board recessed at 4:33 p.m. to reconvene in the Board Room in open session. None. 13. REPORT OUT OF CLOSED SESSION 14. ADJOURNMENT There being no further business to come before the Board, President Williams adjourned the meeting at 4:35 p.m. David R. Williams 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 14