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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. Book 58 -Page 150 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. Book 58 -Page 151 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 Book 58 -Page 152 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. Book 58 -Page 153 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 Book 58 -Page 154 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 Book 58 -Page 156 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. Book 58 -Page 157 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. Book 58 -Page 158 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