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HomeMy WebLinkAboutBOARD MINUTES 07-17-08 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 17, 2008 The District Board of the Central Contra Costa Sanitary District convened in a regular meeting at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on Thursday, July 17, 2008. President Lucey called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Hockett, McGill, Menesini, Nejedly, Lucey ABSENT: Members: None a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance to the Flag. 2. PUBLIC COMMENTS None. 3. CONSENT CALENDAR It was moved by Member Menesini and seconded by Member Nejedly to adopt the Consent Calendar as recommended. Motion passed by unanimous vote of the Board. a. Approve expenditures dated July 17, 2008. Reviewed by Budget and Finance Committee. b. Approve minutes of June 5, 2008 and June 19, 2008 Board Meeting. c. Accept the contract work for Service Air System Improvements, District Project 7210, completed by Monterey Mechanical Company, and authorize the filing of the Notice of Completion. d. Advise the Board of the closeout of Lower Orinda Pumping Station Renovation, Phase 2, District Project 5944. e. Establish August 7, 2008 at 2 p.m. as the date and time for a public hearing to receive comments on proposed reimbursement fees for the properties which could connect to Job 5177 (Danville Boulevard, Alamo), Job 6421 (Amberwood Lane, Walnut Creek), and Job 6435 (Ramon Court, Danville). Book 58 - Page 41 Board Minutes of July 17, 2008 f. Authorize medical leave of absence without pay for Instrument Technician Kevin Kendall through December 31, 2008. g. Approve conference attendance for Board Members McGill and Hockett to attend rd the 53 Annual California Association of Sanitation Agencies (CASA) Conference in Monterey, California from August 20, 2008 through August 23, 2008. h. Approve conference attendance for Board Members McGill and Hockett to attend st the 81 Annual Water Environment Federation Technical Exhibition and Conference (WEFTEC) in Chicago, Illinois from October 18, 2008 through October 22, 2008. 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item 6.c. was taken out of order. 5. REPORTS a. GENERAL MANAGER 1) Report on Aeration Renovation Grouting Issue, District Project 7207 General Manager James Kelly stated that staff gave a presentation at the July 3, 2008 Board meeting regarding construction issues on the aeration air renovation project. The project has been successful in stopping air leaks and stabilizing the foundation, but the grout quantities used have exceeded what staff expected. Senior Engineer Andrew Antkowiak presented an update on the change orders and the recommendations for completion of the project. He stated that the project’s purpose is to reduce air leaks and stabilize the foundation of the aeration system. He stated that a completely new system with new tanks would cost in the region of $60-$100 million. The construction cost of grouting for Phase 1 was $1,430,000 and $1,570,000 for Phase 2. The potential cost of additional grouting, per tank, is $500,000, which would bring the total cost of grouting to $4 million. To date, virtually all air leaks have been eliminated, the foundation appears to be stable, and good results have been obtained from compressive tests. He explained in detail the grout issue, stating that the original specifications called for 35 gallons of grout per plenum. Sixty gallons of grout per plenum were actually used, and it is estimated that 4,400 additional gallons of grout beyond the amount originally specified will be needed to complete Phase 1. A similar amount of additional grout may be needed for Phase 2. Book 58 - Page 42 Board Minutes of July 17, 2008 He stated that staff recommends proceeding with completion of the work this year and evaluating the results of the work completed on Tank 1. If the Board concurs with staff’s recommendation, staff will attempt to negotiate a change order with the contractor. A Position Paper authorizing a change order for additional grout will be brought to the Board on August 7, 2008. By October, 2008, it should be determined whether or not Phase 2 of the project should be awarded, or whether it should be re- bid with revised specifications. 2) Report on Congressional Testimony on State and Local Regulations to Reduce Dental Mercury Emissions in Washington, D.C. General Manager James Kelly stated that, on July 8, 2008, Director of Engineering Ann Farrell provided testimony at a Congressional subcommittee hearing in Washington, D.C. on reducing dental mercury emissions to the environment. A summary of her experience and a copy of her written testimony have been provided in the Board packet. Ms. Farrell provided a brief report and thanked the Board for the opportunity to attend the hearing. 3) Update on Collection System Operations (CSO) Improvements Permit General Manager James Kelly announced that the final step in the City of Walnut Creek approval process of the Collection System Operations Improvements Project took place on July 16, 2008, at the Design Review Commission meeting. Director of Engineering Ann Farrell reported that at its July 16, 2008 meeting the Design Review Commission approved the project, conditional upon approval of the landscape plan and further information on maintenance of the CalTrans area next to the site. She stated that District staff is working with City of Walnut Creek staff and CalTrans. She outlined the design and construction schedule, stating that the award of contract is anticipated in May or June 2009, with occupancy scheduled for January 2011. 4) General Manager James Kelly announced that work on the public sewer system to serve the "Wilder Development" (formerly "Gateway" and "Montanera") in Orinda, across Highway 24 from the California Shakespeare Festival near the Caldecott Tunnel, started on June 24, 2008. The development includes 245 lots for single-family homes, a community center, a private swim club, and sports fields dedicated to the City of Orinda Parks and Recreation Department. Book 58 - Page 43 Board Minutes of July 17, 2008 The sewer system will include about 26,000 feet of new public main sewer and 150 manholes. The first 2,700 feet of the main sewer follows an emergency access road and recreational trail from the end of Brookside Road off Moraga Way (adjacent to the McDonnell Nursery), into the roadways fronting the first lots to be developed. 5) General Manager James Kelly announced that the District’s newly redesigned and updated website will be officially launched on Monday, July 21. The website address remains www.centralsan.org. This is just the first stage of the new website. In the coming months on-line job applications and videos will be introduced, as well as simplified e-mail addresses, and elements of the GDI system for customers who want detailed information on work scheduled for their neighborhoods. 6) General Manager James Kelly announced that staff is nearing completion of the District historical marker project, as granite markers are now being mounted on a variety of sites. When originally approved by the Board in 2006, the cost of bronze plaques and mounting was in excess of $20,000. The shift to granite plaques and their mountings cost less than half of the original estimate. 7) General Manager James Kelly announced that the recent drop in natural gas pricing to below $12.00 per decatherm enabled the District to pre- purchase 1,000 decatherms per day of natural gas for August through October at $11.33 per decatherm. Although this is above the $10.80 budgeted for fiscal year 2008-2009, this purchase provides the District with protection from price increases caused by hurricanes at this time of year in the gas producing areas of the country. 8) General Manager James Kelly announced that the 100-psi natural gas supply line to the treatment plant and Headquarters Office Building (HOB) developed leaks at four locations from corrosion failures. The 30-year old line runs 4,000 feet along the west boundary of the treatment plant to the south side of the primary treatment tanks, and supplies natural gas to the HOB. Engineering staff has developed a piping modification to re-establish the natural gas supply to the HOB from the 200-psi gas line serving the rest of the treatment plant. This work should begin early next week. The need for separate, low-pressure natural gas service from Pacific Gas and Electric to the HOB will be evaluated after modifications are completed, and heat and hot water restored. Book 58 - Page 44 Board Minutes of July 17, 2008 9) General Manager James Kelly announced that Contra Costa County has asked the District to partner with them and others in updating and improving integration and risk assessment between jurisdictions for the Local Hazard Mitigation Plan. The County has received a grant for this project and has contracted with Tetra Tech to organize and coordinate the efforts. The approved plan is a requirement to obtain grant funding from the Federal Emergency Management Association’s (FEMA) Hazard Mitigation Grant and the new pre-disaster programs. Staff will be working with the consultant and County while updating the District’s plan. Announcements 4-9 were provided as written announcements. b. COUNSEL FOR THE DISTRICT 1) Present and discuss draft language for District Code Provisions on Overflow Protection Devices and Charity Car Washes District Counsel Kent Alm referred to his memorandum dated July 11, 2008 included in the Board agenda packet. He stated that there are two outstanding issues with regard to the proposed Code update – charity car washes, and overflow protection devices. With regard to the charity car washes, he stated that the memo provides language under Attachment 3 to modify Title 10 of the District Code relating to charity car washes. The approach is to refer car wash organizers to the District’s website or staff to obtain information on the appropriate procedures (BMPs) for their circumstances. The BMP information is intended to be provided as a courtesy; however, there is no requirement that car wash organizers contact the District or obtain any prior approval. It was moved by Member McGill and seconded by Member Hockett to approve the draft language regarding charity car washes. Motion passed by the following vote of the Board: AYES: Members: Hockett, McGill, Menesini NOES: Members: Nejedly, Lucey ABSTAIN: Members: None With regard to overflow protection devices, District Counsel Kent Alm stated that two versions have been prepared. Attachment 1 to his memorandum is an initial attempt to modify the Code language to conform to the Board’s direction, but it does not address several issues, including the continuing requirement for OPDs on properties that were constructed at times when, and in locations where, the District’s standard specifications and ordinances so required. Book 58 - Page 45 Board Minutes of July 17, 2008 Attachment 2 attempts to make clear that the modifications to the ordinance do not intend to eliminate the existing requirements for those residences and structures which were required at the time of construction to install an OPD. He stated that he recommends Attachment 2 as the preferred alternative. In response to a question from Member Hockett, Mr. Alm confirmed that the historical references in the Code are necessary. General Manager James Kelly stated that currently there is a $200 permit fee to install an OPD, which is generally waived by staff. He stated that the Code update needs to specify that staff has the authority to waive the permit fee. Member Nejedly questioned why a fee was charged at all, and suggested that it be eliminated entirely. President Lucey concurred, stating that it should not be at the discretion of staff whether or not to waive the permit fee. Member Hockett agreed that the fee should be waived or eliminated, but stated that issuance of the permit is important for tracking purposes. Member Menesini stated that the public should be encouraged to install OPDs and the District should do what it can to make it as easy and inexpensive as possible. President Lucey asked staff to revise Attachment 2 to eliminate the permit fee for OPDs. District Counsel Kent Alm stated that he understood there to be Board consensus with the direction given by President Lucey, and staff will return to the Board with revised wording. c. SECRETARY OF THE DISTRICT No reports. d. BOARD MEMBERS 1) Member McGill summarized the Action Summary for the July 14, 2008 Budget and Finance Committee meeting. The Board received the report without comments. 2) Member McGill summarized the Action Summary for the July 14, 2008 Recycled Water Committee meeting. Member Nejedly asked what the District charges for recycled water. He objected to the current policy of the District charging 80% of the cost of potable water, stating that it is too high. Book 58 - Page 46 Board Minutes of July 17, 2008 District Counsel Kent Alm confirmed that the fee structure can be changed by Board action. General Manager James Kelly stated that the District does not have an agreement with Contra Costa Water District to deliver recycled water to refineries. There is an agreement, however, to use recycled water at fire hydrants and to supply current customers. District Counsel Kent Alm confirmed that there is no agreement with EBMUD. The District may have to pay service duplication charges to EBMUD if recycled water is provided in their area. Member Nejedly asked that the Recycled Water Committee look at reducing the cost of recycled water for truck filling and find out what EBMUD charges. Member McGill reported on the request by Moraga Country Club for recycled water. He suggested looking at providing recycled water to other golf courses in the EBMUD service area. Member Nejedly stated that he supported the concept of providing recycled water to the Moraga Country Club and other golf courses. President Lucey and Member Nejedly stated that they would prefer to do it as District project, without involving EBMUD. Member Nejedly requested that the full Board receive a briefing on the District’s Recycled Water Program. 3) Member Nejedly summarized the Action Summary for the July 15, 2008 Real Estate Committee meeting. The Board received the report without comments. 4) Reports on miscellaneous business meetings attended by Board Members. Member McGill reported on his attendance at the July 3 Mayors’ Conference and other Contra Costa Council Task Force meetings. He stated he will be attending the August 7 Mayors’ Conference meeting also. 5) Announcements Member Menesini announced the upcoming Environmental Alliance meeting. Book 58 - Page 47 Board Minutes of July 17, 2008 6. ENGINEERING a. AUTHORIZE THE PRESIDENT OF THE BOARD OF DIRECTORS AND THE SECRETARY OF THE DISTRICT TO EXECUTE A JOINT EXERCISE OF POWERS AGREEMENT (JEPA) WITH CONTRA COSTA COUNTY AND THE CONTRA COSTA COUNTY REDEVELOPMENT AGENCY IN CONNECTION WITH PIPE MODIFICATION TO ACCOMMODATE THE TREAT BRIDGE PEDESTRIAN OVERPASS General Manager James Kelly stated that District staff has worked with Contra Costa County since 2002 on the design and alignment of the Iron Horse Trail Pedestrian Bridge over Treat Boulevard. The bridge will affect existing and future District sewers and falls within District easements. The Joint Exercise of Powers Agreement (JEPA) outlines the rights and responsibilities of all three parties. The County will receive a $4 million grant. Execution of the JEPA must be completed before the end of August or the funds will be lost. Staff recommends that the Board authorize the execution of the JEPA. Staff is negotiating a Memorandum of Understanding (MOU) with the County to establish the process for adjusting the easement descriptions for the easements purchased in the Iron Horse Corridor. The process described in the MOU will be used for the new easement areas required due to the construction of the bridge and the remainder of the Iron Horse Corridor. Provisional Senior Engineer Michael Penny provided a brief presentation on the project history, and the need for the JEPA and responsibilities of each party. He stated that the District has been working with the County since 2002. Construction of the bridge will have an impact on existing sewers and future right of way. The JEPA will be used to set up the working relationship with the County on the Treat Bridge project, and the MOU will memorialize the process to adjust the easements. District and County Legal Counsels have reviewed and agreed upon the process, and a letter dated July 16, 2008 from County Public Works Director Julia Bueren has been received memorializing this. The MOU will be brought back to the Board for approval at a later date. President Lucey noted that the Real Estate Committee reviewed the matter and recommends approval of the JEPA. It was moved by Member Hockett and seconded by Member Lucey to authorize the President of the Board of Directors and the Secretary of the District to execute a Joint Exercise of Powers Agreement (JEPA) with Contra Costa County and the Contra Costa County Redevelopment Agency in connection with pipe modification to accommodate the Treat Bridge pedestrian overpass. Motion passed by unanimous vote of the Board. Book 58 - Page 48 Board Minutes of July 17, 2008 b. APPROVE CHAPTER 7 - DESIGN AND CONSTRUCTION STANDARDS, CHAPTER 8 - CAPACITY MANAGEMENT, CHAPTER 9 - MONITORING, MEASUREMENT, AND PROGRAM MODIFICATION, AND CHAPTER 10 - SSMP AUDITS (FINAL FOUR CHAPTERS) OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT SEWER SYSTEM MANAGEMENT PLAN (SSMP) The California State Water Resources Control Board requires the District to have a Sewer System Management Plan and have it approved by the District Board of Directors. The Board approved the first six chapters of the plan. He stated that there are four final chapters of the plan that require District Board of Directors approval by August 31, 2008. Assistant Engineer Raffi Moughamian presented a report, describing the components of the Plan and its progress to date. He stated that there is two-step approval process: approval by the Regional Board and by the State Board. He described the four remaining chapters to be approved, which should receive final approval by the State Board in May 2009. He stated that the Board is requested to approve Chapters 7-10 as presented. He acknowledged staff for their work on the Plan. Director of Engineering Ann Farrell confirmed that audits will be conducted each year. It was moved by President Lucey and seconded by Member Menesini to approve Chapters 7, 8, 9, and 10 of the SSMP Audits (final four chapters) of the Central Contra Costa Sanitary District Sewer System Management Plan (SSMP). Motion passed by unanimous vote of the Board. c. ADOPT RESOLUTION OF APPLICATION 2008-089 REQUESTING THAT THE CONTRA COSTA LOCAL AGENCY FORMATION COMMISSION (LAFCO) INITIATE PROCEEDINGS AN FOR OUT OF AGENCY SERVICE AGREEMENT FOR FIVE PROPERTIES IN ALHAMBRA VALLEY (DA 168D) INCLUDING THE FINDING THAT OUT OF AGENCY SERVICE AGREEMENTS FOR THESE PROPERTIES ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Environmental Services Division Manager Curt Swanson presented a report about the application process to LAFCO for Out of Agency Service Agreements and how staff will process the applications for the five properties. He stated that staff is seeking Board approval to request Out of Agency Service Agreements for five properties. An application for three undeveloped parcels will be submitted to LAFCO, and, if approved, an application for two undeveloped properties will be submitted. Staff will continue preparation of the EIR for annexation of all 19 properties outside the Urban Limit Line (ULL). Book 58 - Page 49 Board Minutes of July 17, 2008 It was moved by Member Hockett and seconded by Member Nejedly to adopt Resolution of Application 2008-089 requesting that the Contra Costa Local Agency Formation Commission (LAFCO) initiate proceedings an for Out of Agency Service Agreement for five properties in Alhambra Valley (OA 1680) including the finding that Out of Agency Service Agreements for these properties are exempt from the California Environmental Quality Act (CEQA). Motion passed by unanimous vote of the Board. 7. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 8. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Nejedly requested that staff provide the Board with an update on the District's recycled water program. 9. CLOSED SESSION The closed session was not held. 10. REPORT OUT OF CLOSED SESSION None. 11. ADJOURNMENT There being no further business to come before the Board, President Lucey adjourned the meeting at 3:30 p.m. Gerald R. ucey President of the Board of D rectors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: ~B2elA~ Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Book 58 - Page 50