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HomeMy WebLinkAboutBOARD MINUTES 03-19-09 MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MARCH 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, March 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. 2. PUBLIC COMMENTS None. 3. CONSENT CALENDAR It was moved by Member Hockett and seconded by Member McGill to adopt the Consent Calendar as recommended. Motion passed by unanimous vote of the Board. a. Approve expenditures dated March 19, 2009. Reviewed by Budget and Finance Committee. b. Approve minutes of February 19, 2009 Board meeting. c. Establish April 16, 2009 at 2:00 p.m. as the date and time for a public hearing to consider adopting an uncodified ordinance amending Exhibit B to Ordinance 249 entitled “Schedule of Capacity Fees, Rates and Charges.” d. Establish April 16, 2009 at 2:00 p.m. as the date and time for a public hearing to consider adopting an uncodified ordinance amending Exhibit B to Ordinance 250 entitled “Schedule of Environmental and Development-Related Rates and Charges.” Book 58 - Page 200 Board Minutes of March 19, 2009 e. Adopt Resolution 2009-010 approving a real property agreement with Dean and Paula Gassoumis, 21 Lost Valley Drive, Orinda (APN 272-230-016; Job 1582 – Parcel 6); find that the project is exempt from California Environmental Quality Act (CEQA); and authorize staff to record documents with the Contra Costa County Recorder. f. Accept the 2008 Annual Report of the Deferred Compensation Plan Advisory Committee. Reviewed by Budget and Finance Committee. 4. HEARINGS a. CONDUCT A HEARING TO CONSIDER RELINQUISHMENT OF DISTRICT SEWER AT 2700 MITCHELL DRIVE, WALNUT CREEK (DISTRICT JOB 916, PARCEL 1), AND ADOPT RESOLUTIONS ORDERING RELINQUISHMENT OF THE SEWER, AUTHORIZING EXECUTION OF A QUITCLAIM DEED FOR ITS ASSOCIATED EASEMENT TO VARIAN, INC., AND AUTHORIZE STAFF TO RECORD DOCUMENTS WITH THE CONTRA COSTA COUNTY RECORDER Director of Administration Randy Musgraves stated that Varian, Inc., the owners of 2700 Mitchell Drive, requested that a sewer on their property be relinquished and its associated easement be quitclaimed to resolve existing encroachments and accommodate further development of the site. District staff has concluded that this sewer in no longer needed as a public facility. The Board may order relinquishment of the sewer and quitclaim the easement after holding a hearing. No presentation is planned but staff is available to answer questions. Relinquishing of the sewer requires minimum of four affirmative votes. The hearing was opened and closed without comments. It was moved by Member Lucey and seconded by Member Hockett to adopt Resolution 2009-011 ordering relinquishment of the District sewer at 2700 Mitchell Drive, Walnut Creek (District Job 916, Parcel 1); to adopt Resolution 2009-012 authorizing execution of a quitclaim deed for its associated easement to Varian, Inc.; and to authorize staff to record documents with the Contra Costa County Recorder. Motion passed by unanimous vote of the Board. 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. Book 58 - Page 201 Board Minutes of March 19, 2009 6. BIDS AND AWARDS a. AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $176,581 TO MCNAMARA AND SMALLMAN CONSTRUCTION, THE LOWEST RESPONSIVE BIDDER FOR THE DANVILLE SEWER RENOVATIONS PHASE 2, DISTRICT PROJECT 5954; FIND THAT THE PROJECT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA); AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE THE CONTRACT DOCUMENTS SUBJECT TO SUBMITTAL REQUIREMENTS Director of Administration Randy Musgraves stated that, on March 4, 2009, twenty-four sealed bids ranging from $176,581 to $319,969 were received for the construction of the Danville Sewer Renovations. The lowest responsive bidder, McNamara & Smallman Construction, Inc., submitted a bid for $176,581. This bid was 32% below the Engineer’s Estimate. Staff is requesting award of the contract and is available to answer questions. It was moved by Member Menesini and seconded by Member Lucey to determine that the project is exempt from CEQA; to award the construction contract to McNamara and Smallman Construction; and to authorize the General Manager to execute the contract documents as recommended. Motion passed by unanimous vote of the Board. 7. REPORTS a. GENERAL MANAGER 1) Report on Alhambra Valley Assessment Districts (AVADs) Director of Administration Randy Musgraves stated that the District completed construction of the Alhambra Valley Trunk Sewer in March 2008. With the trunk sewer in operation, public sewer mains financed by seven District-sponsored assessment districts have been or are being extended to neighborhoods. The Board recently requested an update on this project. Environmental Services Division Manager Curt Swanson presented a report on the status of the assessment districts’ process, sewer construction, and the number of Alhambra Valley residents that have connected to the public sewer system. He stated that the trunk sewer was completed in March 2008. Seven AVADs were established to finance sewer installation to the neighborhoods. Construction has been completed for five of the AVADs. A total of 47 properties are connected to date. Out of Agency Service Agreements have been signed with three property owners. The Alhambra Oaks subdivision is on hold due to economic conditions. Book 58 - Page 202 Board Minutes of March 19, 2009 Mr. Swanson stated that the next steps are to inform residents about the process to conclude the AVADs and to review reimbursement fees. In June, a public hearing will be scheduled to consider approval of the final assessments for the completed AVADs. The assessments will be added to the County tax roll in August 2009. 2) Director of Administration Randy Musgraves announced that the Miner Road Trunk Sewer Improvement Project will renovate approximately 3,800 linear feet of 15-inch sewer lines within the public right-of-way by cured-in- place pipe (CIPP) method. East Bay Municipal Utility District (EBMUD) will also be working on Miner Road concurrently with the District while school is out. The District is fast- tracking the design in order to meet this schedule. The District has attended bi-weekly coordination meetings with the City of Orinda and EBMUD, and has presented the project at two City Council meetings. This project will be advertised in late March or early April. Bids will be opened in late April or May. The construction cost is currently estimated at $1,250,000. 3) Director of Administration Randy Musgraves announced that the Northern Pumping Station Upgrades, DP 5971, consists of replacing and modifying various components at Concord Industrial, Clyde, Martinez, Moraga, and Orinda Crossroads pumping stations in order to prevent sewage overflows, reduce maintenance, and increase operating efficiency. This project will be advertised on April 13 and 20, 2009. Bids will be opened on May 8, 2009. The construction cost is currently estimated at $600,000. More information will be presented when the Board is asked to approve the construction contract at the May 21, 2009 Board Meeting. 4) Director of Administration Randy Musgraves announced that Americans With Disabilities Act (ADA) and General Improvements, DP 8214, will ensure that the District offices that are accessible to the public comply with the latest ADA requirements. The ADA and General Improvements Project includes a remodel of the men’s and women’s restroom on the first floor of the Headquarters Office Building (HOB), a remodel of the permit and reception areas, installation of a high-low drinking fountain, and handrail replacement in the west stairwell. Additionally, the exterior of the building will be sealed with caulking to minimize the potential for water damage during intense storms, and the locker-rooms at the Annex will be upgraded. The ADA upgrades are identified in the District’s Self Evaluation and Transition Plan. This project will be advertised on March 25 and 31, 2009. The bids will be opened on April 15, 2009. The construction cost is currently estimated at $235,000. More information will be presented when the Board is asked to approve the construction contract at the April 2, 2009 Board meeting. Book 58 - Page 203 Board Minutes of March 19, 2009 5) Director of Administration Randy Musgraves announced that the District hosted a public workshop at Del Rey Elementary School in Orinda on Tuesday, March 10, 2009 from 7:00 p.m. to 8:00 p.m. regarding the South Orinda Sewer Renovation Project (Phase 4). There were 32 attendees who wanted general information but they had no opposition to the project. Project topics discussed were construction impacts, paving and property restoration, and lateral replacement. 6) Director of Administration Randy Musgraves announced that Maintenance Technician III Glen Bradley and Machinist Lee Sutherland will be attending the Schwing Bioset Service Seminar in Summerset, Wisconsin from April 20 through 24, 2009. The District uses Schwing pumps to convey dewatered sludge cake from the centrifuges to the multiple-hearth furnaces. These pumps are hydraulically operated, twin-cylinder, piston pumps. They are unique, complex pumps that are a critical component of the solids handling system. Attendance at this seminar will expand in- house knowledge, improving staff’s ability to maintain and repair the cake pumps. 7) Director of Administration Randy Musgraves announced that, on March 11, 2009, the Contra Costa Local Agency Formation Commission (LAFCO) held a public hearing to consider District Annexation 170 (DA 170). One resident, Mr. Stuart Proffitt, asked the Commission to defer action by continuing the public hearing, and require the District to distribute additional information to affected property owners and hold a neighborhood meeting. Though several Commissioners encouraged the District to improve public outreach for annexations by holding future community meetings for affected areas and by including more clarification in mailings on future costs to connect, DA 170 was approved. The LAFCO Executive Director has asked the County Counsel to determine whether Mr. Proffitt’s correspondence and testimony constitute objection to annexation of his property, which could trigger the need for LAFCO to hold protest proceedings regarding DA 170. The Executive Director will inform the District of the determination when it is made. 8) Director of Administration Randy Musgraves announced that the recent downturn in the economy has resulted in a significant reduction in long- term natural gas prices. At the February 5, 2009 Board meeting, the Board of Directors authorized the prepurchase of natural gas through December 2012 at a price not to exceed $9 per decatherm (dth). With current gas prices down to six-year record lows, the District purchased 1,000 dth per day of natural gas for calendar year 2010 at a Pacific Gas and Electric Citygate price of $5.80/dth. Book 58 - Page 204 Board Minutes of March 19, 2009 9) Director of Administration Randy Musgraves announced that a practice drill to hook up and operate the Cornell pump used to bypass the San Ramon Pumping Station is scheduled for Wednesday, March 25, 2009 from 9 a.m. to 12 p.m. This is part of the normal training for Collection System Operations staff. City of San Ramon Director of Engineering Joye Fukuda has been notified. Communications Manager Michael Scahill will place informational door hangers on nearby homes announcing the drill on Monday, March 23, 2009. 10) Director of Administration Randy Musgraves announced that it was previously reported to the Board that President Nejedly’s request to defer payment of the connection fee until occupancy would be discussed at the April 16, 2009 Board meeting. President Nejedly has directed that this item be presented for discussion at the April 2, 2009 Board meeting instead. b. COUNSEL FOR THE DISTRICT District Counsel Kent Alm reported that a settlement agreement has been received from Mr. Gus Kramer, and the District will be sending him a check shortly. Mr. Alm reported that a settlement check in the amount of $100,000 has been received from KB Home. c. SECRETARY OF THE DISTRICT Secretary of the District Elaine Boehme announced that there will be a Special Board meeting regarding labor negotiations on Tuesday, March 24, at 2 p.m. 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 provided a report on her attendance at the March 5, 2009 Contra Costa County Mayors’ Conference and the March 9-11, 2009 California Association of Sanitation Agencies (CASA) Legislative Conference. Book 58 - Page 205 Board Minutes of March 19, 2009 Member Lucey Member Lucey and President Nejedly reported on the March 17, 2009 Budget and Finance Committee meeting and summarized the Action Summary. Member Lucey stated that the Committee recommended sending a letter to the Contra Costa County Employees’ Retirement Association (CCCERA) regarding the proposed smoothing period. Board Members agreed with the Committee recommendation to send the letter to the CCCERA. Member McGill Member McGill provided a written report on his past and future meeting attendance including his attendance at the Contra Costa Mayors’ Conference and Contra Costa Breakfast Club. Members McGill and Lucey reported on the March 18, 2009 Capital Projects Committee meeting and summarized the Action Summary. Member McGill suggested that interested Board Members may wish to meet with Engineering staff if they would like additional information on any of the capital projects. 2) Announcements President Nejedly stated that he visited Tamara Attard regarding her request for sewer service at Fish Ranch Road. He stated that the issue is extremely complex, but added that, due to its location, CCCSD is unable to provide sewer service to the property. He will attend a future meeting with the property owner and County in an attempt to help resolve the problem. 8. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER TO TERMINATE THE “GENERAL AGREEMENT FOR RECYCLED WATER BETWEEN CENTRAL CONTRA COSTA SANITARY DISTRICT AND CONTRA COSTA WATER DISTRICT (CCWD) AS AMENDED AND RESTATED (SEPTEMBER 2004) Director of Administration Randy Musgraves stated that, since 1994, the District has put significant effort into building a recycled water program. While there is much potential for growing the recycled water program, local institutional factors have presented a limitation. The Board and staff have agreed that now is the time, given the current drought situation, to renew efforts and seek new agreements and partnerships that will better facilitate the expansion of the recycled water program. The Board received a thorough report at the last Board meeting and directed staff to come back with a recommendation to notify Contra Costa Water District (CCWD) of the intent to terminate Book 58 - Page 206 Board Minutes of March 19, 2009 the General Agreement for Recycled water. He stated that approval of the termination of the General Agreement is recommended by the Recycled Water Committee. Director of Engineering Ann Farrell stated that the General Agreement with CCWD was negotiated in 1994 with a ten-year term to “facilitate development of recycled water projects by either District.” The Zone 1 project agreement negotiated with CCWD in 1995 allows the District to purvey recycled water in areas of Pleasant Hill, Concord and Martinez, and continues if the General Agreement is terminated. The General Agreement was amended in 2004 and the agreement term was reduced to five years, with a termination provision. An Operations and Maintenance agreement was negotiated with CCWD in 2004 to maintain and repair recycled water pipelines. She stated that, since being amended in 2004, few significant users have been added to Pleasant Hill Zone 1 and no significant backbone extension has occurred. Attempts by the District to significantly expand landscape irrigation were made too costly by CCWD enforcement of additional backflow prevention requirements. Attempts by the District to supply local refineries have been met with a series of CCWD concerns and no interest in participating in such a project. Ms. Farrell stated that staff concludes that the General Agreement, as currently written, has not facilitated the development of new significant recycled water projects, either for landscape irrigation or industrial recycling. She added that staff recommends notifying CCWD of the intent to terminate the General Agreement six months prior to the effective date of November 1, 2009; meeting with CCWD over the next six months to determine their interest in crafting a new agreement that would more effectively facilitate expansion of recycled water use; and concurrently exploring other options through local, State and Federal partnerships. Member Menesini expressed concern that, to date, the District has only been dealing with CCWD staff and not their Board of Directors. He suggested that a meeting be arranged with the CCWD Board to discuss the matter. Member Hockett concurred and suggested that such a meeting be proposed. She concurred with the staff recommendation to terminate the agreement. Members McGill and Lucey also stated support for terminating the agreement and proposing a joint meeting. President Nejedly expressed frustration with the apparent lack of cooperation on behalf of CCWD. He also supported terminating the agreement. It was moved by Member Hockett and seconded by Member Lucey to authorize the General Manager to terminate the “General Agreement for Recycled Water Between Central Contra Costa Sanitary District and Contra Costa Water District as Amended and Restated (September 2004),” and to direct staff to prepare a letter from President Nejedly to CCWD President Joseph Campbell inviting two CCWD Board Members to Book 58 - Page 207 Board Minutes of March 19, 2009 meet with two Board Members from CCCSD to discuss the matter. Motion passed by unanimous vote of the Board. b. ADOPT A RESOLUTION APPROVING FIVE CAPITAL PROJECTS FOR CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURPOSES TO QUALIFY FOR FUNDING ELIGIBILITY FROM THE AMERICAN RECOVERY AND REINSTATEMENT ACT OF 2009 AND DIRECT STAFF TO FILE A NOTICE OF EXEMPTION WITH THE CONTRA COSTA COUNTY CLERK AND THE STATE OF CALIFORNIA UNDER THE DISTRICT’S CEQA GUIDELINES Director of Administration Randy Musgraves stated that the Board recently requested an update of the Federal Stimulus Package. On March 17, 2009, the State Water Resources Control Board adopted two resolutions for the California implementations of the American Recovery and Reinvestment Act of 2009. Senior Engineer Ba Than provided an update on the Clean Water State Revolving Fund. He described the American Recovery and Reinvestment Act of 2009 (ARRA), which will invest $789 billion to stimulate the economy. $4 billion will be invested in the Nationwide Clean Water State Revolving Fund (SRF), $283.1 million of which will go to the California Clean Water SRF. The best chance for the District to obtain ARRA funding will probably be “green” projects. The projects submitted for funding are the Solids Handling Improvement Project, the Wet Weather Bypass Improvements, Primary Structure Demolition, Diablo Sewer Renovations Phase 1, Pleasant Hill Sewer Renovations Phase 1, Collection System Operations Administration Building, and Concord Recycled Water Phase 1. He stated that the District will likely not qualify for the loan forgiveness funding. Any funds received would likely be in the form of a loan, with the interest rate expected to be 0-1 percent. Preference will be given for “shovel ready” projects, for which all permits have been obtained and for which complete plans and specifications have been prepared. All CEQA documentation must also have been completed. He stated that CEQA has already been completed for two of the submitted projects, and Board action is needed to approve the remaining five projects for CEQA purposes to qualify for the ARRA funding. It was moved by Member McGill and seconded by Member Hockett to adopt Resolution 2009-013 approving five Capital Projects for CEQA purposes and to direct staff to file a Notice of Exemption with the Contra Costa County Clerk and the State of California. Motion passed by unanimous vote of the Board. 9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. Book 58 - Page 208 Board Minutes of March 19, 2009 1 10. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Lucey asked that staff provide information to the Board regarding the District's recent problems with incoming and outgoing a-mail and the Groupwise program. Member McGill asked that an item be placed on the next agenda to consider sending a letter of support for EBMUD's Water Supply Management Program. 11. CLOSED SESSION 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. This Closed Session was not held. 1 None. 12. REPORT OUT OF CLOSED SESSION 13. ADJOURNMENT 1 There being no further business to come before the Board, President Nejedly adjourned the meeting at 2:53 p.m. Ja s A. Nejedly President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: ~~ Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Book 58 -Page 209