HomeMy WebLinkAboutBOARD MINUTES 01-15-09MINUTES OF THE SPECIAL JOINT MEETING
OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
AND CENTRAL CONTRA COSTA SANITARY DISTRICT
FACILITIES FINANCING AUTHORITY
HELD ON JANUARY 15, 2009
The District Board of the Central Contra Costa Sanitary District convened in a special
joint 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, January 15, 2009.
President Nejedly called the meeting to order and requested that the Secretary call roll.
1. ROLL CALL
PRESENT: Members: Hockett, Lucey, McGill, Menesini, Nejedly
ABSENT: Members: None
a. PLEDGE OF ALLEGIANCE TO THE FLAG
Board and staff joined in the Pledge of Allegiance to the Flag.
b. INTRODUCTIONS
Board Members welcomed newly-hired Senior Administrative Technician, Christina Gee
and newly-hired Engineering Technician I, Paul Fuentes.
2. PUBLIC COMMENTS
There were no public comments.
3. AWARDS AND COMMENDATIONS
It was moved by President Nejedly and seconded by Member Menesini to adopt
Resolution 2009-001 commending Gerald R. Lucey for his service as President of the
Central Contra Costa Sanitary District Board of Directors for 2008. Motion passed by
unanimous vote of the Board.
4. CONSENT CALENDAR
It was moved by Member Menesini and seconded by Member Hockett to adopt the
Consent Calendar as recommended. Motion passed by unanimous vote of the Board.
a. Approve expenditures dated January 15, 2009. Reviewed by Budget and
Finance Committee.
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Board Minutes of January 15, 2009
b. Receive November 2008 Financial Statements. Reviewed by Budget and
Finance Committee.
c. Approve minutes of December 4, 2008 Board Meeting.
d. Adopt Resolution 2009-002 accepting a grant of easement from Sandra L.
Bombardier, District Project 5975, Parcel 8, and authorize staff to record
documents with the Contra Costa County Recorder.
e. Adopt Resolution 2009-003 confirming publication of a summary of District
Ordinance 253 -modifying Titles 1, 2, 5, 6, 9, 10, and 11 and adopting Title 7 of
the Central Contra Costa Sanitary District Code.
Set a public hearing for February 5, 2009 to consider amending District Code
Title 2, Administration, Section 2.04.030, Compensation of Board Members.
g. Authorize the purchase of an electric forklift for the Plant Operations Department
at a cost of $33,000 with funds from the 2008-2009 Equipment Budget
Contingency Account.
5. REPORTS
a. GENERAL MANAGER
1) General Manager James Kelly announced that the California Water
Environment Association (CWEA) has accepted five District staff papers
for presentation at the April CWEA Palm Springs Conference.
2) General Manager James Kelly announced that the Chief Operating
Officer, the Manager of Collection System, the Data System Manager, and
two field staff from the San Antonio Water System visited the Collection
Systems Operations Department (CSOD) on Wednesday, January 7,
2009. The purpose of the visit was to review District's sewer cleaning
methods as well as system assessment methods used by the Engineering
Department to develop the sewer renovation program. The visitors were
impressed and appreciative of the information provided by both CSOD
and Engineering Department staff.
3) General Manager James Kelly announced that on Thursday, February 19,
2009, the Northern California Pipe User's Group (PUG) will be holding its
Seventeenth Annual Sharing Technologies Seminar at Hs Lordships
Restaurant in Berkeley. A report authored by Associate Engineer Paul
Seitz entitled "Tunneling the A-Line" will be presented.
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Board Minutes of January 15, 2009
4) General Manager James Kelly announced that the Danville Sewer
Renovations (Phase 2) project, DP 5954, is part of the ongoing Collection
System Renovation Program. The project will replace approximately
1,300 linear feet of 6-inch sewer lines within public right-of-way by open-
cut method. This project is being bid early at the request of the Town of
Danville so that paving on Valle Vista can be completed during the
summer of 2009.
This project will be advertised on Tuesday, February 3 and Tuesday,
February 17, 2009. Bids will be opened on Tuesday, March 3, 2009. The
construction cost is currently estimated at $260,000. More information will
be presented when the Board is asked to approve the construction
contract on March 19, 2009.
5) General Manager James Kelly announced that the California Water
Environmental Association (CWEA) San Francisco Bay Section will be
holding its Annual Awards and Installation Banquet on Friday, January 23,
2009 at Scott's Seafood Restaurant in Oakland. The District has been
nominated for Large Treatment Plant of the Year, Operator of the Year,
Engineering Achievement Project (A-Line Relief Interceptor Phase 2A),
Research Achievement Project (Aeration Air Renovation), and Plant
Operator Training Program.
6) General Manager James Kelly announced that the 2009 Health and
Wellness Expo will be held on Wednesday, January 21, 2009 and
Thursday, January 22, 2009 from 6:30 a.m. to 8:30 a.m. in the Training
Room at Collection Systems Operations; and on Wednesday, January 28,
2009 and Thursday, January 29, 2009 from 7:00 a.m. to 11:00 a.m. in the
Multi-Purpose Room at the Headquarters Office Building.
7) General Manager James Kelly announced that the Marine Science
Institute, parent organization of the Delta Discovery Program, will host a
two-hour voyage on the RV Brownlee for program sponsors on Saturday,
February 28, 2009. The Brownlee will leave from the Antioch Marina at
1:30 p. m. and return at 3:30 p. m.
8) General Manager James Kelly announced that the contractor for the
Lafayette 5 Sewer Rehab Project attempted to work last Saturday on St.
Mary's Road near Wallabi Court. Just after starting the pipe pull, the
winch broke and the contractor stopped work. The contractor has a new
winch and will continue working this Saturday. Work hours are restricted
from 9 a.m. to 3 p.m. on weekdays but the City of Lafayette is allowing
Saturday work from 8 a. m. to 5 p. m.
9) General Manager James Kelly announced that, on August 8, 2008, District
staff reported amultiple-hearth furnace opacity excursion to the Bay Area
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Board Minutes of January 15, 2009
Air Quality Management District (BAAQMD). The excursion occurred on
August 6, 2008, and lasted for 3 minutes and 35 seconds as a result of an
electrical short circuit within an emergency switchgear cabinet. The short
circuit caused the furnace to trip off-line. During the process of bringing
the furnace back on-line, a short period of smoking occurred. In a letter
dated January 8, 2009, BAAQMD informed the District that no
enforcement action would result.
10) General Manager James Kelly announced that, on January 6, 2009, the
County Board of Supervisors approved the Memorandum of
Understanding with CCCSD for a pharmaceutical collection program.
Under the program, the County Sheriff's Office will supervise collection of
pharmaceuticals at two locations in Martinez: the Sheriff's Field
Operations Bureau at 1980 Muir Drive and the County Hospital on
Alhambra Avenue. CCCSD will be responsible for transport and disposal
of the pharmaceuticals. Collection bins are being installed now and
collection is anticipated to begin later this month. CCCSD and Sheriff's
staff are planning a media event to publicize the program. The City of
Walnut Creek is currently reviewing the draft agreement.
b. COUNSEL FOR THE DISTRICT
District Counsel Kent Alm announced the need to add a closed session to the agenda
regarding real estate negotiations. He stated that the matter came to the attention of
staff after the posting of the agenda, and there is a need to take action on the matter
before the next Board meeting.
It was moved by Member Lucey and seconded by Member Menesini to add the
following item to the closed session agenda. Motion passed by unanimous vote of the
Board.
Conference with Real Property Negotiators pursuant to Government Code Section
54956.8:
Property: APN 380-030-034, Henry's Wood Farm
District Negotiators: Randy Musgraves and District Counsel Kent Alm;
Negotiating Parties: Norma L. Henry and James H. Vernon;
Under Negotiation: Price and Terms of Payment.
District Counsel Kent Alm announced that the Talada/LaBella lawsuit against the City of
Martinez and CCCSD et al. was dismissed.
c. SECRETARY OF THE DISTRICT
Secretary of the District Elaine Boehme announced distribution of January 29, 2009
Board Financial Planning Workshop packet at Board Member places.
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Board Minutes of January 15, 2009
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.
Member McGill stated he plans to attend the California Association of
Sanitation Agencies (CASA) Conference on January 21-24, 2009, the
Contra Costa USA Dinner on January 29, 2009, and the Mayors'
Conference on February 5, 2009.
2) Board Member reports on recent meetings for which they received the
stipend.
Member Hockett reported on the January 7, 2009 Recycled Water
Committee meeting and summarized the Action Summary. The Board
received the report without comments.
Member Lucey reported on the January 8, 2009 Human Resources
Committee meeting and summarized the Action Summary. The Board
received the report without comments.
Member Lucey reported on the January 12, 2009 Budget and Finance
Committee meeting and summarized the Action Summary. The Board
received the report without comments.
Member Hockett reported on her attendance at the January 13, 2009 San
Ramon Valley Unified School District meeting at which she presented an
award for the High School Recognition Program for Significant Mercury
Reduction.
Member McGill reported on his January 14, 2009 meeting with the Mayor
of the City of Pleasant Hill. He submitted a written summary of the
meeting.
3) Board Member reports on recent meetings or conferences for which the
District paid their expenses.
Members Hockett, McGill and Menesini reported on their attendance at the
January 8, 2009 Contra Costa County Mayors' Conference hosted by the City
of Pittsburg.
4) Announcements
Member McGill reported that he attended the Contra Costa Council Land
Use Task Force meeting on January 14, 2009. He will attend the Contra
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Board Minutes of January 15, 2009
Costa Council Workshop on January 27, 2009 regarding AB 32 and SB
375.
Member Menesini announced the upcoming Environmental Alliance
meeting on January 26, 2009.
6. ADMINISTRATIVE
a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AMENDMENT TO
THE AGREEMENT WITH RED OAK CONSULTING IN THE AMOUNT OF
$25, 000
General Manager James Kelly stated that the proposed amendment to the agreement
will assist with an organizational assessment, updating the Business Plan, and
preparing a Board Priorities Plan for Board consideration.
It was moved by Member Lucey and seconded by Member McGill to authorize the
General Manager to execute an amendment to the agreement with Red Oak Consulting
in the amount of $25,000. Motion passed by unanimous vote of the Board.
7. ENGINEERING
a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PROFESSIONAL
ENGINEERING SERVICES AGREEMENT WITH A COST CEILING NOT TO
EXCEED $300,000 WITH MWH FOR AS-NEEDED
ELECTRICAL/INSTRUMENTATION SUPPORT SERVICES OVER A THREE-
YEAR PERIOD
General Manager James Kelly stated that the Engineering Department provides support
services to Plant Operations and pumping stations in the design and construction of
projects to replace equipment, renovate processes, and comply with new regulations for
wastewater treatment. Since there are no electrical engineers on staff, as-needed
electrical and instrumentation support becomes necessary when equipment is
renovated or replaced. This contract for an amount not to exceed $300,000 over a
period of three years will increase the efficiency in which services and solutions can be
provided.
Member Hockett requested regular updates on the amount spent on the agreement.
General Manager James Kelly suggested six-monthly reports would be appropriate.
It was moved by Member McGill and seconded by Member Lucey to authorize the
General Manager to execute a professional engineering services agreement with a cost
ceiling not to exceed $300,000 with MWH for as-needed Electrical/Instrumentation
support services over athree-year period. Motion passed by unanimous vote of the
Board.
Book 58 -Page 155
Board Minutes of January 15, 2009
b. AUTHORIZE STAFF TO NEGOTIATE AGREEMENTS WITH THE ORINDA
UNION SCHOOL DISTRICT AND THE CITY OF ORINDA FOR CENTRAL
CONTRA COSTA SANITARY DISTRICT TO PROVIDE OPERATIONS AND
MAINTENANCE SERVICES FOR THE EXISTING WAGNER RANCH PUMPING
STATION AND FOR TWO NEW PUMPING STATIONS PLANNED FOR THE
WILDER SPORTS FIELD IN ORINDA
General Manager James Kelly stated that the District currently provides operations and
maintenance service for the Wagner Ranch Elementary School under an informal
agreement with the Orinda Union School District. The City of Orinda has requested that
we provide similar services for two new stations planned for the Wilder Sports Field. He
stated that Principal Engineer Jarred Miyamoto-Mills introduced this issue in a
December 18, 2008 Board Meeting report, and will present the staff recommendation in
a brief presentation today.
Mr. Miyamoto-Mills stated that the District built the station at Wagner Ranch Elementary
School in 1969 and has operated it for Orinda Union School District (OUSD) since that
time. Service is provided under an informal letter agreement. If service is to be
continued, a formal agreement should be negotiated.
He stated that City of Orinda staff has requested that the District consider providing
contract operations and maintenance (O&M) services for the two stations planned for
the Wilder Sports Field. The City prefers the efficient, regulatory-compliant service that
the District has demonstrated that it can provide. The City will require that the
developer provide facilities that meet the District's specifications for its own pumping
stations.
The Wilder Sports Field Stations are located near the Gateway Boulevard/Shakespeare
Festival Way off ramp from Highway 24, about 2.5 miles from the Crossroads Pumping
Station. The stations will serve two restroom buildings, a small concession stand, and a
Parks and Recreation Department workshop.
The annual cost to provide services is expected to be $16,000 for labor, overhead,
vehicles and supplies for the Wagner Ranch School. Operations and Maintenance
labor, including travel time, will be approximately 128 hours. For the Wilder Sports
Field, the cost is expected to be $27,000 for labor, overhead, vehicles and supplies, and
216 hours of O&M labor.
He concluded his presentation, stating that staff recommends authorizing staff to
negotiate agreements with the School District and City for the District to provide
operations and maintenance services at the existing Wagner Ranch Pumping Station
and for two new pumping stations planned for the Wilder Sports Field. He also
recommended that the Board direct staff to include provisions that require the School
District and City to reimburse all costs for District-provided O&M services; provide utility
services; and protect, indemnify and hold the District harmless with regard to claims
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Board Minutes of January 15, 2009
and liabilities (including regulatory fines) resulting from operation and maintenance of
the stations.
The City of Orinda's Facilities & Parks Supervisor was in attendance and supported the
staff recommendation.
It was moved by Member Menesini and seconded by Member Hockett to authorize staff
to negotiate agreements with the Orinda Union School District and the City of Orinda for
Central Contra Costa Sanitary District to provide operations and maintenance services
for the existing Wagner Ranch Pumping Station and for two new pumping stations
planned for the Wilder Sports Field in Orinda. Motion passed by unanimous vote of the
Board.
c. AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT
WITH WHITLEY BURCHETT & ASSOCIATES FOR $77,000 TO PREPARE A
FEASIBILITY STUDY FOR THE CONCORD RECYCLED WATER PROJECT,
DP 7194, AS REQUIRED TO PURSUE FEDERAL FUNDING UNDER TITLE XVI
General Manager James Kelly stated that, in September 2008, the Board voted to join
the Bay Area Recycled Water Coalition to pursue federal funding for the Concord
Recycled Water Project, which was formerly called the A-Line Recycled Water Project.
The coalition consists of agencies that have partnered to work jointly to advocate with
Congress for federal funding for bay area recycled water projects. The total estimated
cost to pursue federal funding through the coalition is estimated to be approximately
$200, 000.
In order for the Concord Recycled Water Project to be considered for federal funding,
the United States Bureau of Reclamation requires that a feasibility study be prepared
conforming to federal guidelines. Whitley Burchett and Associates has worked
successfully with them on several feasibility studies for other bay area agencies and is
well qualified to complete the District's study.
Staff believes this is worthwhile expenditure of District funds since the District could
qualify for up to $1.5M in federal funds for this project and learn the process for a
potentially larger refinery project. Staff believes that federal funding of recycled water
projects will increase significantly with the incoming administration and expected
stimulus package. Mr. Kelly stated that approval is recommended by the Recycled
Water Committee.
It was moved by Member McGill and seconded by Member Hockett to authorize the
General Manager to execute an agreement with Whitley Burchett & Associates for
$77,000 to prepare a feasibility study for the Concord Recycled Water Project, DP 7194,
as required to pursue Federal Funding under Title XVI. Motion passed by unanimous
vote of the Board.
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Board Minutes of January 15, 2009
8. TREATMENT PLANT
a. ACCEPT THE 2008 NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM (NPDES) REPORT
General Manager James Kelly stated that the District's 2008 National Pollutant
Discharge Elimination System Annual Report has been prepared and is ready for
submission to the California Regional Water Quality Control Board. Plant Operations
Division Manager Randy Grieb presented highlights from the report, stating that in 2008
the total flow treated was 15 billion gallons. The average daily flow was 41.1 million
gallons, with a peak hourly flow of 196 million gallons per day. The Treatment Plant
completed over 15,000 analytical tests and approximately 11,000 hours of laboratory
work. The District achieved 100 percent compliance with NPDES permit requirements
for the eleventh consecutive year.
It was moved by Member Menesini and seconded by Member Hockett to accept the
2008 National Pollutant Discharge Elimination System Report. Motion passed by
unanimous vote of the Board.
9. BUDGET AND FINANCE
a. APPROVE THE REVISED ADMINISTRATIVE OVERHEAD PERCENTAGE OF
178 PERCENT FOR FISCAL YEAR 2009-2010
General Manager James Kelly stated that this has been reviewed and recommended for
approval by the Budget and Finance Committee.
He stated that the Board is being asked to approve the revised administrative overhead
percentage of 178 percent for Fiscal Year 2009-2010. The percentage is updated
annually for the purpose of full cost recovery for services provided by the District to
other agencies and customers. In the past, the annual updated administrative overhead
rate was presented with the ten year plan and adopted with the Operations and
Maintenance (O&M) Budget each June. In an effort to set the rate early enough to be
used for the calculation of rates and charges, and the negotiation of the Clean Water
Program contract, staff intends to bring the annual updated percentage to the Board
every December. Staff has reviewed the revised percentage with the Budget and
Finance Committee.
It was moved by Member Lucey and seconded by President Nejedly to approve the
revised administrative overhead percentage of 178 percent for Fiscal Year 2009-2010.
Motion passed by unanimous vote of the Board.
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Board Minutes of January 15, 2009
b. ADJOURN SPECIAL BOARD MEETING AND RECONVENE AS THE CENTRAL
CONTRA COSTA SANITARY DISTRICT FACILITIES FINANCING AUTHORITY
TO CONDUCT ITS ANNUAL MEETING
The Board of Directors of the Central Contra Costa Sanitary District adjourned at 2:41
p.m. to reconvene immediately as the Board of Directors of the Central Contra Costa
Sanitary District Facilities Financing Authority to conduct its Annual Meeting.
Thereafter, the Board reconvened as Central Contra Costa Sanitary District Board of
Directors at 2:44 p.m.
10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None.
11. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS
Member Lucey asked that a closed session be scheduled for the next Board Meeting
regarding initiation of litigation to obtain attorneys' fees from Ms. LaBella in connection
with the Talada/LaBella lawsuit filed against the District.
12. CLOSED SESSION
This Board recessed at 2:45 p.m. to reconvene in closed session regarding:
a. Conference with labor negotiators pursuant to Government Code Section
54957.6:
District Negotiators: Labor Counsel Allison Woodall, Esq.; Director of
Administration Randall Musgraves, Human Resources Manager Cathryn Freitas,
Secretary of the District Elaine Boehme
Employee Organizations: Employees' Association, Public Employees' Union,
Local One; CCCSD Management Support/Confidential Group (MS/CG);
CCCSD Management Group.
b. Conference with Real Property Negotiators pursuant to Government Code
Section 54956.8:
Property: APN 380-030-034, Henry's Wood Farm
District Negotiators: Randy Musgraves and District Counsel Kent Alm;
Negotiating Parties: Norma L. Henry and James H. Vernon;
Under Negotiation: Price and Terms of Payment.
Item b. on the Closed Session agenda was added by unanimous vote of the Board
earlier in the agenda.
Book 58 -Page 159
Board Minutes of January 15, 2009
The Board reconvened in open session in the Board Room at 3:45 p.m.
11. REPORT OUT OF CLOSED SESSION
None.
12. ADJOURNMENT
There being no further business to come before the Board, President Nejedly adjourned
the meeting at 3:46 p.m.
4'7
Ja s A. Nejedly
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
/='~ n
Elaine R. B.i~hme
Secretary of the Central Contra Costa
Sanitary District, County of Contra Costa,
State of California
Book 58 -Page 160