Loading...
HomeMy WebLinkAboutBOARD MINUTES 02-19-09MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON FEBRUARY 19, 2009 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, February 19, 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 Engineering Technician II Ann McGlibery. 2. PUBLIC COMMENTS Tamara Attard addressed the Board to request assistance in establishing sewer service to her property at 1000 Fish Ranch Road. Staff was directed to meet with Ms. Attard and provide a report back to the Board. James Lewis, brother of Ms. Attard, spoke in support of her request. 3. AWARDS AND COMMENDATIONS a. PRESENTATION OF OPPORTUNITY JUNCTION PLAQUE - ACKNOWLEDGEMENT OF CENTRAL CONTRA COSTA SANITARY DISTRICT'S SUPPORT OF THE JOB TRAINING AND PLACEMENT PRnGRAM Human Resources Assistant Twila Mullenix described the Opportunity Junction program, which helps fight poverty by assisting low-income adults gain the skills and confidence to support themselves and their families. In addition to training, participants receive the counseling, mentoring, work experience, and other support that is necessary to achieve success. The program was brought to the attention of staff by Member Lucey. Book 58 -Page 175 Board Minutes of February 19, 2009 Ms. Mullenix presented the award to the Board and thanked them for their support. 4. CONSENT CALENDAR It was moved by Member McGill and seconded by Member Lucey to adopt the Consent Calendar, with a minor correction to the minutes as recommended. Motion passed by unanimous vote of the Board. a. Approve expenditures dated February 19, 2009. Reviewed by Budget and Finance Committee. b. Receive December 2008 Financial Statements. Reviewed by Budget and Finance Committee. c. Approve minutes of January 29, 2009 Board Meeting. d. Adopt Resolution 2009-006 accepting a grant of easement from Margie L. Ford in the Ulfinian Way neighborhood, Martinez (District Project 5975 -Parcel 5), and authorize staff to record documents with the Contra Costa County Recorder. e. Adopt Resolution 2009-007 approving a Real Property Agreement with Residence Inn III, LLC for the Marriott Residence Inn, 1071 Market Place, San Ramon (APN 213-702-002; Job 2081 B -Parcel 2), and authorize staff to record documents with the Contra Costa County Recorder. f. Accept the 2008 Sewer System Management Plan (SSMP) Annual Audit. g. Approve Chapter 11 -Communication Program -the final chapter of the State of California mandated Sewer System Management Plan (SSMP). h. Accept 2008 Recycled Water Quality and Distribution Annual Report. Approval recommended by Recycled Water Committee. 5. HEARINGS a. CONDUCT A HEARING TO CONSIDER RELINQUISHMENT OF A DISTRICT SEWER AT 2500 DEAN LESHER DRIVE, CONCORD (JOB 3656, PARCEL 1); AND ADOPT RESOLUTIONS ORDERING THE RELINQUISHMENT OF THE SEWER AND AUTHORIZING THE EXECUTION OF A QUITCLAIM DEED FOR ITS ASSOCIATED EASEMENT TO THE PROPERTY OWNERS GONSALVES AND SANTUCCI, INC.; AND AUTHORIZE STAFF TO RECORD DOCUMENTS WITH THE CONTRA COSTA COUNTY RECORDER General Manager James Kelly stated that staff received a request from the property owners of 2500 Dean Lesher Drive in Concord for the District to relinquish the existing Book 58 -Page 176 Board Minutes of February 19, 2009 public sewer, which is located on their property and only serves them, in order to accommodate their plans to construct a new building. The owner concurs with the staff recommendation contained in the Position Paper. The hearing was opened and closed without comments. Member McGill asked that staff ensure that the obligation runs with the property in the event the property is sold at some point in the future. General Manager James Kelly called on Principal Engineer Jarred Miyamoto-Mills, who stated that the relinquishment of the sewer and quitclaim of the existing easement will not be recorded until after the Board of Directors accepts the new easement. Senior Right-of-Way Agent Ricardo Hernandez added that the Resolution of Relinquishment under consideration by the Board includes language requiring the property owner to grant the new easement as a condition of the District's relinquishment of the existing sewer. It was moved by Member Menesini and seconded by Member Lucey to adopt Resolutions 2009-008 and 2009-009, ordering the relinquishment of the sewer and authorizing the execution of a quitclaim deed for its associated easement to the property owners Gonsalves and Santucci, Inc.; and to authorize staff to record documents with the Contra Costa County Recorder. Motion passed by unanimous vote of the Board. 6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 7. REPORTS a. GENERAL MANAGER 1) POLLUTION PREVENTION REPORT FOR 2008 AND POLLUTION PREVENTION PLAN FOR 2009 General Manager James Kelly stated that the District's National Pollutant Discharge Elimination System (NPDES) permit requires staff to submit an annual report of pollution prevention activities for the previous year. Assistant Engineer Melody LaBella presented a report on the Pollution Prevention Program. She stated that the Pollution Prevention Program consists of the Household Hazardous Waste Collection Program, the Source Control Program, Community Outreach, and Collaborative Partnerships on a local, regional, statewide and national level. The highest priority pollutant continues to be mercury. She described mercury reduction activities undertaken in 2008 and showed a chart showing the percentage reduction in mercury coming into the plant. Book 58 -Page 177 Board Minutes of February 19, 2009 She stated that, as part of the Dr. Teng-Chung Wu Memorial Pollution Prevention Award, CCCSD's mercury minimization program received an honorable mention from the San Francisco Regional Water Quality Control Board. Ms. LaBella described the planned pollution prevention efforts for 2009, including the evaluation of the effectiveness of East Bay Municipal Utility District's P-trap cleaning/replacement project and the potential implementation of a pilot P-trap program at the dental offices upstream of the District's two mercury monitoring points. Outreach will be conducted to reduce dioxin levels and promote local food waste diversion. The District will also be seeking a Green Business certification. Member Menesini suggested sending letters to participating dentists informing them of the success of the mercury reduction program. Member Lucey asked if any of the stimulus money that will be utilized to clean up abandoned mines will help with mercury reduction. Member McGill commented that staff should work with the colleges recently listed as business in significant non-compliance to assist them with mercury reduction measures. 2) General Manager James Kelly announced that Board Member Barbara Hockett and Environmental Services Division Manager Curt Swanson will travel to Washington D.C. to participate in the California Association of Sanitation Agencies (CASA) Federal Legislative Conference from Sunday, March 8 to Wednesday, March 11, 2009. They will hear from members of Congress on issues relevant to CASA and will also visit with Representatives McNerney, Tauscher, and Miller. Director of Engineering Ann Farrell will travel to Alexandria, Virginia to attend a Water Environmental Research Foundation (WERE) Council meeting on Monday, March 9 and Tuesday, March 10, 2009. Ms. Farrell was recently appointed to this Council. She will then travel to the CASA Conference on March 10, 2009. Her WERE travel will be reimbursed by WERE. 3) General Manager James Kelly announced that a delegation of ten Water and Wastewater Plant Managers and Directors from China will tour the Treatment Plant on the afternoon of Tuesday, February 24, 2009. The purpose of the visit is to learn about best practices in wastewater treatment, operations, and management. The trip is organized by the China International Travel Services (USA), Inc., which works with the U.S. State Department to schedule these tours. 4) General Manager James Kelly announced that, due to the scheduled vote on the State budget last Friday, Assembly Member Joan Buchanan cancelled the Friday, February 13, 2009 meeting. The meeting has been Book 58 -Page 178 Board Minutes of February 19, 2009 rescheduled for Friday, February 27, 2009 at 2:15 p.m. and Board Member Mario Menesini has expressed an interest in attending. The meeting with Assembly Member Nancy Skinner remains scheduled for Friday, March 6, 2009 at 10:00 a.m. Board Member Michael McGill has expressed an interest in attending this meeting. 5) General Manager James Kelly announced that District staff is following the development of the American Recovery and Reinvestment Act of 2009. As part of this Act, the legislation intends to use the Clean Water State Revolving Fund (SRF) as the mechanism to distribute funding. Seven projects have been submitted for inclusion on the SRF priority list from which projects will be selected for funding: District Project Estimated Cost CSO Facility Improvements $17,000,000 Concord Recycled Water (A-line Project) $7,200,000 Solids Handling Improvements $4,500,000 Wet Weather Bypass Improvements $1,430,000 Primary Structures Demolition $1,000,000 Diablo Renovations, Phase 1 $1,410,000 Pleasant Hill Renovations, Phase 1 $1,550,000 Total $34,090,000 The total estimated project cost being submitted amounts to approximately $34 million. Staff's intent is not to delay bidding of any projects. However, three of the projects on the list (Concord Recycled Water, Primary Structures Demolition, and Wet Weather Bypass Improvements) were not scheduled to bid this year and could be held in abeyance to best position them for stimulus funding, should it become available. 6) General Manager James Kelly announced that, during the recent storms, 2.4 inch rainfall was recorded in Martinez, 2.5 inch was recorded in San Ramon, 3.5 inch was recorded in Moraga, and 2.1 inch was recorded at the Treatment Plant. For Collection System Operations, there was only one call-out to Martinez Pumping Stations for a grinder failure. This was not a blockage but a relay problem. In addition, several situations were resolved by use of Supervisory Control and Data Acquisition (SCADA) to remotely monitor Pumping Stations. Generally, the larger pumping stations ran with a second or third dry weather pump and no need for the wet weather pumps to operate. There were twelve call-outs for the Collection System. A second crew was called out that was on standby to assist the normal on- call crew. There was one category one overflow with an estimated volume of 500 gallons. The necessary two-hour notifications were completed, and Book 58 -Page 179 Board Minutes of February 19, 2009 the report filed with the Regional Water Quality Control Board (RWQCB) and the California Integrated Water Quality System (CIWQS). For the Treatment Plant, approximately 3 million gallons of primary effluent were bypassed to the holding basins. All bypassed flows have been drained back and processed. The high flows resulted in slightly elevated turbidity and an enterococci count of 108 on February 16, 2009, which was the peak flow and was slightly greater than 100 mgd. There were no major incidents but large quantities of grit temporarily plugged the grit system. The Treatment Plant remained in compliance with all of the National Pollutant Discharge Elimination System requirements during the storm events. 7) General Manager James Kelly announced that, at its February 11, 2009 meeting, the Local Agency Formation Commission (LAFCO) approved the Faria Preserve Boundary Reorganization, adding about 276 acres to the District in northwest San Ramon, as well as permitting similar-sized annexations to the City of San Ramon and East Bay Municipal Utility District. The purpose of the reorganization is to extend water, wastewater, and other municipal services to a proposed development of 786 residential dwelling units; and associated public and community facilities, parks, and open space. 8) General Manager James Kelly announced that, on Tuesday, February 17, 2009, he and Director of Engineering Ann Farrell attended the City of Orinda Council meeting. The District and East Bay Municipal Utility District (EBMUD) coordinated project impacts were discussed. The City Council asked that the discussion be continued at the March 3, 2009 meeting to allow time for the public to be notified of the discussion. EBMUD and the District are preparing a joint notice that will be mailed to the 1,800 plus potentially affected residents, inviting them to attend or comment at the March City Council meeting. 9) General Manager James Kelly announced that, in preparation for the District's small claims court appearance with Mr. Parkinen, staff learned that he had requested the case be dismissed without prejudice. The court granted this request and vacated the small claims court trial scheduled for this afternoon. "Dismissed without prejudice" means that the present action is dismissed but the possibility remains open that Mr. Parkinen may file another suit on the same claim. b. COUNSEL FOR THE DISTRICT No reports. Book 58 -Page 180 Board Minutes of February 19, 2009 c. SECRETARY OF THE DISTRICT Secretary of the District Elaine Boehme announced the distribution of Committee meeting packets for the following week. 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; recent meetings for which they received the stipend; and meetings or conferences for which the District paid their expenses. Member Hockett Member Hockett reported on her attendance at the February 5, 2009 Contra Costa Mayors' Conference. Members Hockett and McGill reported on the February 10, 2009 Recycled Water Committee meeting and summarized the Action Summary. The Board received the report without comments. Member Lucey Member Lucey and President Nejedly reported on the February 17, 2009 Budget and Finance Committee meeting and summarized the Action Summary. The Board received the report without comments. Member McGill Member McGill provided a written report on his attendance at the February 5, 2009 Contra Costa Mayors' Conference for which his expenses were paid by the District. He also reported on his meetings with the Pittsburg City Manager, Power Plant General Manager and CCCSD General Manager. He also attended the CBIA winter meetings, the Contra Costa Council Water Task Force meeting, the PG&E Power Plant Dedication Lunch, and will be attending the Contra Costa Council Board meeting, the Eastern Division HBANC Board meeting, and will participate in the Delta Discovery tour. Member Menesini Member Menesini and President Nejedly reported on the February 11, 2009 Household Hazardous Waste Committee meeting and summarized the Action Summary. The Board received the report without comments. Book 58 -Page 181 Board Minutes of February 19, 2009 8. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A SECOND AMENDMENT TO AN EXISTING PROFESSIONAL SERVICES AGREEMENT WITH HDR IN THE AMOUNT OF $120,000 FOR A NEW CONTRACT CEILING OF $310,000 FOR THE ELECTRIC BLOWER RENOVATION PROJECT, DISTRICT PROJECT 7272 General Manager James Kelly stated that the Electric Blower Renovation project began as an analysis to decide whether to renovate or replace the existing electric blower. The project was modified to study the feasibility of and the approach for providing nitrification for recycled water that might be supplied to the refineries. Most recently, the National Resources Defense Council petitioned the U.S. Environmental Protection Agency to require Publicly Owned Treatment Works to remove nitrogen and phosphorous down to trace levels. This second amendment will be cost effective as a way to study nutrient removal. Staff recommends approval of the amendment. It was moved by Member Hockett and seconded by Member Menesini to authorize the General Manager to execute a second amendment to an existing professional services agreement with HDR in the amount of $120,000 for a new contract ceiling of $310,000 for the Electric Blower Renovation Project, District Project 7272. Motion passed by unanimous vote of the Board. b. AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AMENDMENT TO AN EXISTING PROFESSIONAL SERVICES AGREEMENT WITH COMPLETE PROJECT SOLUTIONS, INC. IN THE AMOUNT OF APPROXIMATELY $250,000 FOR A NEW CONTRACT CEILING OF $375,900 FOR THE SEISMIC EVALUATION OF DISTRICT BUILDINGS FOR THE PLANT EMERGENCY PREPAREDNESS AND RESPONSE PROJECT, DISTRICT PROJECT 7267 General Manager James Kelly stated that, with the adoption of the 2007 California Building Code, significant changes were made to seismic design and retrofit of buildings. Staff has evaluated various District buildings. The additional work will complete the seismic evaluation of District facilities, and provide the information necessary to allow staff to determine how to address the study findings. Senior Engineer Ba Than stated that the 2007 California Building Code was adopted in January 2008. The new Code includes substantial changes to seismic design criteria, and as a result staff began seismic analysis of District facilities in spring 2008. Seismic analyses have been completed on the Headquarters Office Building (HOB), 4737 Imhoff Place (warehouse), and the Annex (former Animal Control building). Seismic analysis is in progress on the Plant Operations Building/Board Room, and asite-specific Seismic Hazard Analysis is also being conducted. Additional seismic analysis is also proposed for other structures, totaling 22 buildings District-wide. Book 58 -Page 182 Board Minutes of February 19, 2009 The current contract with Complete Project Solutions is in the amount of $125,900. Requested additional scope would cost $250,000, for a total contact amount of $375, 900. Mr. Than concluded his presentation, stating that a summary of all deficiencies will be compiled for Board and staff review. He added that the District is not under any mandate to upgrade its facilities to comply with the new Code. Staff recommends approval of the amendment to the agreement. Member Menesini requested information on the probability of the buildings being damaged during an earthquake. Member Lucey cautioned that retrofitting all prohibitively expensive and not necessary. watch closely. buildings to meet the Code could be He stated that costs are an issue that he will Member Menesini asked for information regarding what other agencies are doing to address this issue. It was moved by Member Menesini and seconded by Member McGill to authorize the General Manager to execute an amendment to an existing professional services agreement with Complete Project Solutions, Inc. in the amount of approximately $250,000 for a new contract ceiling of $375,900 for the seismic evaluation of District Buildings for the Plant Emergency Preparedness and Response Project, District Project 7267. Motion passed by the following vote of the Board: AYES: Members: Hockett, Lucey, McGill, Menesini NOES: Members: Nejedly ABSTAIN: Members: None 9. BUDGET AND FINANCE a. RECEIVE THE 2008-2009 OPERATIONS AND MAINTENANCE (O&M) BUDGET REVIEW FOR THE SIX MONTHS ENDED DECEMBER 31, 2008 AND PROJECTIONS FOR THE FULL FISCAL YEAR General Manager James Kelly stated that staff provides a detailed financial report to the Board twice a year, once at the six-month point, and again in May during the budget cycle. In addition, the Board receives monthly financial statements in their Board binder to review, and the Budget and Finance Committee reviews these also. Controller Debbie Ratcliff presented the financial status for the O&M Budget. She stated that the actual revenues for the six months ending December 31, 2008 are $24,752,572, compared with the projected revenues of $25,005,474. Total expenses were $26,610,176, compared with the projected expenses of $27,854,418. Total revenues for the full fiscal year are projected to be $55,972,200, compared with the Book 58 -Page 183 Board Minutes of February 19, 2009 budgeted $57,031,422. The lower revenues are primarily caused by fewer connections and reduced usage of commercial water. Total projected expenses for the full fiscal year are $58,298,000, compared with the budgeted $58,495,861. Favorable variances include the cost of chemicals, utilities and outside services coming in under budget, and savings from the cancellation of the election. Unfavorable variances included salary and benefits over budget due to the impact of the General Group salary survey, and less Capital work. Repairs and maintenance were also over budget due to the rebuilding of an additional centrifuge rotating assembly for the Plant. She noted that reserves will be drawn down and will be lower than has historically been considered prudent. b. 2008-2009 CAPITAL IMPROVEMENT BUDGET MID-YEAR STATUS REPORT Director of Engineering Ann Farrell presented a report on the mid-year status of the Capital Improvement Budget (CIB). She stated that $38.9 million in expenditures was budgeted for the Capital Program for 2008-09, and the projected 2008-09 expenditure figure is $41.2 million. Some of this variance can be accounted for by projects being carried over from 2007-08. Budgeted revenues for 2008-09 were $38.3 million, and are projected to be $35.6 million. The lower projection is due primarily to an estimated $1.5 million less in facility capacity fees, $0.5 million less in interest, and $0.4 million less in property tax revenue. She showed charts of the Capital Budget by Program and explained major variances in the Treatment Plant Program and the Collection System Program. There were no major variances in the General Improvements Program or the Recycled Water Program. The 10-Year Financial Plan called for $42.5 million in CIB expenditures in 2009-10. The re-scoping of two projects reduces the planned expenditures by $2.5 million. The current bid climate is also expected to result in additional expenditure reductions. An informal survey of seven recently-bid projects indicates an average bid of 38 percent less than the Engineer's Estimate. Ms. Farrell stated that, in conclusion, the Capital Improvement Plan (CIP) Expenditure/Revenue Projections for 2008-09 and adjustments to FY 2009-10 and 2010-11 expenditures will be input into additional rate-setting scenarios, which will be discussed with the Board at the March 5, 2009 Board meeting. 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 11. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Lucey asked for a report on how the California Budget will affect the District. Book 58 -Page 184 Board Minutes of February 19, 2009 Member Menesini requested information on District projects that have been submitted for relief funding. Member Hockett requested an update on the new Collection System Operations facility and the Alhambra Valley project. President Nejedly asked why the Headquarters Office Building roof is leaking when the District just spent a lot of money replacing the roof and air conditioning unit. 12. CLOSED SESSION The Board recessed at 3:23 p.m. to reconvene in closed session regarding: a. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9 (a): (1) CCCSD, Plaintiff; vs. Gus Kramer, et al., Defendants; Case No. C07-02402. (2) Daniel and Eileen Scanlon v. Kandi Kaufman, et al; Lorraine Kaufman v. Daniel Scanlon, et al -Cross-Complaint -Contra Costa County Superior Court Case No. C06-01976. (3) Central Contra Costa Sanitary District v. KB Homes -Contra Costa County Superior Court Case No. CIVMSC08-02892. 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. The Board reconvened in open session in the Board Room at 3:57 p.m. 11. REPORT OUT OF CLOSED SESSION None. Book 58 -Page 185 Board Minutes of February 19, 2009 12. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at 3:58 p.m. G. es A. Nejedly President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California CO~JN~"ERSIGNED: ~~~, Elaine R. Boehme Ser,~etary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Book 58 -Page 186