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HomeMy WebLinkAboutBOARD MINUTES 04-16-09 MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON APRIL 16, 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, April 16, 2009. Due to the absence of President Nejedly and President Pro Tem McGill, Secretary of the District Elaine Boehme called the meeting to order in accordance with Robert’s Rules of Order. Board Members Hockett, Lucey and Menesini appointed Member Lucey to chair the meeting. The Secretary of the District called the roll. 1. ROLL CALL PRESENT: Members: Hockett, Menesini, Lucey ABSENT: Members: McGill, Nejedly a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance to the Flag. 2. PUBLIC COMMENTS There were no public comments. 3. CONSENT CALENDAR It was moved by Member Hockett and seconded by Member Menesini to adopt the Consent Calendar as recommended. Motion passed by the following vote of the Board: AYES: Members: Hockett, Menesini, Lucey NOES: Members: None ABSENT: Members: McGill, Nejedly a. Approve expenditures dated April 16, 2009. Reviewed by Budget and Finance Committee. b. Approve minutes of March 19, 2009 and March 24, 2009 Board meetings. c. Accept the contract work for the Camino Pablo Trunk Sewer Improvement, District Project 5946, and Flush Kleen Force Main Renovation, District Project 5949, completed by California Trenchless, and authorize filing of the Notice of Completion. Book 58 - Page 222 Board Minutes of April 16, 2009 d. Accept the contract work for the South Orinda Sewer Renovations, Phase 3, District Project 5985, completed by K.J. Woods Construction, and authorize filing of the Notice of Completion. e. Authorize the General Manager to execute an amendment to an existing professional engineering services agreement with Carollo Engineers in the amount of $75,000 for the Treatment Plan Hydraulic Evaluation, District Project 7270. f. Accept the arbitrator’s decision and adopt the recommended remedy to rescind the Notice of Intent to Suspend in the disciplinary matter of Pumping Stations Supervisor Leo Gonzalez. Reviewed by Human Resources Committee. g. Accept the financial status and budget of the Self-Insurance Fund and approve allocation of $1,383,000 to the fund for inclusion in the fiscal year 2009-2010 Operations and Maintenance Budget. Reviewed by Budget and Finance Committee. 4. HEARINGS a. CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTING AN UNCODIFIED ORDINANCE REPLACING EXHIBIT B ADOPTED PURSUANT TO ORDINANCE 249 ENTITLED “SCHEDULE OF CAPACITY FEES, RATES AND CHARGES” IN ACCORDANCE WITH DISTRICT CODE CHAPTER 6.12 This hearing was continued to Thursday, May 7, 2009 at 2 p.m. b. CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTING AN UNCODIFIED ORDINANCE REPLACING EXHIBIT B ADOPTED PURSUANT TO ORDINANCE 250 ENTITLED “SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT-RELATED RATES AND CHARGES” IN ACCORDANCE WITH DISTRICT CODE CHAPTER 6.30 This hearing was continued to Thursday, May 7, 2009 at 2 p.m. 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. Book 58 - Page 223 Board Minutes of April 16, 2009 6. BIDS AND AWARDS a. REJECT ALL BIDS RECEIVED FOR UNDERGROUND UTILITY LOCATING, BID REQUEST NO. 035599 General Manager James Kelly stated that, on March 23, 2009, one sealed bid from Exaro Technologies Corporation for $53,590 was received and opened for Underground Utility Locating. Staff conducted a technical and commercial review of the bid and determined that the bid is unbalanced. Although the total bid price is under the engineer’s cost estimate, the unbalancing of bid items results in a potential detrimental financial exposure for the District in excess of $100,000 each year. Staff recommends rejection of all bids. Staff plans to issue a Request for Proposal in lieu of re-bidding the work. It was moved by Member Lucey and seconded by Member Hockett to reject all bids received for underground utility locating, Bid Request No. 035599. Motion passed by the following vote of the Board: AYES: Members: Hockett, Menesini, Lucey NOES: Members: None ABSENT: Members: McGill, Nejedly 7. REPORTS a. GENERAL MANAGER 1) Collection System Operations (CSO) Update General Manager James Kelly stated that staff is preparing the plans and specifications for the CSOD Administration, Crew, and Warehouse Facility Project. The project is complex and challenging with a very aggressive schedule to get the project out to bid. Senior Engineer Alex Rozul updated the Board on the status of the project. He stated that staff is evaluating the desirability of relocating CSO staff to Martinez. It appears such a relocation could shorten the construction schedule and thereby save money. The relocation would occur in the August/September 2009 timeframe. Construction is expected to begin in October 2009 and occupancy of the building could occur in April/May 2011, based on the preliminary schedule. He described the City of Walnut Creek’s permit review process, and stated that the total estimated fees are $500,000. Advantages of relocating CSO staff to Martinez include reduction of conflicts with construction, increased contractor efficiency, reduced construction costs, and less disruption. Disadvantages include the actual move, and increased travel Book 58 - Page 224 Board Minutes of April 16, 2009 time to some areas. The latter could be mitigated by stationing some CSO crew at the vehicle maintenance shop. Other issues include asbestos and lead paint which have been discovered at the facility, and which will need to be removed. Staff is also coordinating with PG&E, EBMUD, and the Fire Department. 2) CASA Lateral Sewer Legislation General Manager James Kelly stated that a California Association of Sanitation Agency task force is examining the feasibility of finding a sponsor for legislation that would require collection system agencies to require inspection and subsequent next actions including repairs, if any, by property owners of the private sewer lateral that serves their property. Provisional Senior Engineer Gail Chesler stated that she participated in the March 17 and April 16, 2009 conference calls with task force members. Capital Projects Manager Tad Pilecki also participated in the April 16, 2009 call. The task force understands that CCCSD does not concur with the need for such a legislative initiative. So far, the task force has surveyed the CASA membership, surveyed the attorneys, and developed a timeline, outreach materials, and draft legislation. The results of the CASA membership survey showed 27 percent strongly support the proposed legislation, 41 percent somewhat support it, 9 percent are undecided, 10 percent somewhat oppose it, and 13 percent strongly oppose it. Dr. Chesler stated that approximately six additional full time equivalents (FTEs) would be necessary for the District to carry out such a program. The next task force discussion is on April 30, 2009 and a presentation will be made to CASA on May 1, 2009. Dr. Chesler stated that options include working with CASA to strengthen the “opt out” language, or to take a position opposing the program. Since the CASA Board will consider initiating legislation at its April meeting, she suggested that a letter should be sent to the CASA Board prior to the meeting stating the District’s position. Member Hockett stated that she serves on the CASA Board and the CASA Board is not aware of what the task force has accomplished, as there has been limited communication with the CASA Board. She stated that she considers this to be a local issue and is not in favor of the proposed legislation. Member Lucey stated his strong opposition to the proposed legislation, and observed that unfortunately it appears that the process is well underway. He asked that the General Manager obtain information regarding how much the Book 58 - Page 225 Board Minutes of April 16, 2009 District spends on CASA each year, and how the District could cancel its membership. He agreed that the General Manager should prepare a letter to CASA in strong opposition, and should also speak with other General Managers to get their support to oppose the legislation. 3) General Manager James Kelly announced that, on March 5, 2009, Mr. Alan Schurr appealed a staff decision that sewer capacity fees are owed for a new structure being constructed on his property at 2156 Granite Drive in Alamo. District staff, along with Contra Costa County, categorized the new structure as a second living unit. Mr. Schurr owes the District a capacity fee of $4,923 plus the $311 annual Sewer Service Charge. The Board upheld the staff decision and further directed staff to arrange a reasonable payment plan with Mr. Schurr. Staff has proposed two payment schedules for Mr. Schurr’s consideration if he cannot pay the fees immediately. If Mr. Schurr elects to pay over time, staff will prepare a promissory note, which will require Board approval for the District to record with the County Clerk. 4) General Manager James Kelly announced that KB Home paid $100,000 to settle an issue related to underpayment of capacity and sewer reimbursement fees related to their Monterosso Subdivision in Danville. The check from KB Home has cleared and the funds are on deposit in the District bank account. Staff will process the payments of reimbursement fees to the Town of Danville and other sewer installers. 5) General Manager James Kelly announced that the GroupWise network server had a hardware failure over the April 3, 2009 weekend. The e-mail system went down and e-mails were not received until service was restored on Monday, April 6, 2009, at approximately 1:30 p.m. E-mails were delivered when the system was restored to service. The hardware failure was an entirely separate problem to problems that occurred several weeks ago with the GroupWise software. Staff is looking at how to increase e-mail and website reliability. 6) General Manager James Kelly announced that staff discovered on Tuesday, March 30, 2009, that the District website was not automatically posting new Agendas, Action Summaries, and Minutes. As a temporary fix, the documents were manually posted to the website on Monday, April 6, 2009. The failure was due to a failed switch module (hardware failure); the switch was replaced and the system returned to automated posting on Friday, April 10, 2009. 7) General Manager James Kelly announced that District Project 7211, Headworks and Mechanical Shop Roof Replacements, will rehabilitate both roofs to restore water-tightness. The mechanical shop/warehouse Book 58 - Page 226 Board Minutes of April 16, 2009 roof will be rehabilitated by replacing panels, performing cleaning, and applying a new protective coating to restore water-tightness. The area around the building has been exposed to hypochlorite mist from the Odor Control Units which has caused pre-mature corrosion. Flashing will be replaced; other flashing and metal-work re-coated; and one penthouse roof will be replaced using fiberglass-reinforced plastic panels that will not corrode from the hypochlorite. This project will be advertised on April 21 and 27, 2009. The bids will be opened on May 11, 2009. The construction cost is currently estimated at $150,000. More information will be presented when the Board is asked to approve the construction contract at the May 21, 2009 Board Meeting. b. COUNSEL FOR THE DISTRICT District Counsel Kent Alm announced that the District was served with a stop notice complaint by Bel Air Mechanical, a subcontractor to Melloni Construction, Inc., the general contractor on the Control Room Modifications Project, District Project 7253. c. SECRETARY OF THE DISTRICT No reports. 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 the April 14, 2009 Recycled Water Committee meeting and summarized the Action Summary. General Manager James Kelly summarized the recent meeting with Contra Costa Water District officials to discuss recycled water. The Board accepted the reports. Member Hockett reported on the April 15, 2009 Human Resources Committee meeting and summarized the Action Summary. The Board received the report without comments. Book 58 - Page 227 Board Minutes of April 16, 2009 Member Lucey Member Lucey reported on the April 13, 2009 Budget and Finance Committee meeting and summarized the Action Summary. The Board received the report without comments. Member McGill Member McGill had submitted a written report on his attendance at the April 14, 2009 Recycled Water Committee meeting and the April 2, 2009 Mayors’ Conference. He stated that he plans to attend the upcoming CASA conference in Napa and the Mayors’ Conference on May 7, 2009. He stated that he also attended the District staff presentation regarding capital projects, met with Contra Costa Water District officials to discuss recycled water, attended the Contra Costa Council Land Use Task Force meeting on April 8, 2009, and the CBIA Legislative day in Sacramento. 2) BOARD MEMBER REQUESTS a) Discussion of possible deferment of Connection Fee payment until occupancy – President Nejedly. This item was deferred to the next Board meeting due to President Nejedly’s absence. b) Discussion of letter in support of East Bay Municipal Utility District (EBMUD)’s Water Supply Management Program – Member McGill. This item was deferred to the next Board meeting due to Member McGill’s absence. 3) Member Menesini announced the upcoming Environmental Alliance meeting to be held on Monday, April 20, 2009, the topic of which is “Clear Lake – The Healing Begins.” 8. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 9. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Lucey suggested that a demonstration of the on-line job application program be given to the Board. Book 58 - Page 228 Board Minutes of April 16, 2009 10. CLOSED SESSION The Board recessed at 2:55 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: Randall Musgraves and District Counsel Kent Alm; Negotiating Parties: Norma L. Henry and James H. Vernon; Under Negotiation: Price and Terms of Payment. The Board recessed at 3:19 p.m. to reconvene in open session in the Board Room. 11. REPORT OUT OF CLOSED SESSION None. 12. ADJOURNMENT There being no further business to come before the Board, President Pro Tem Lucey adjourned the meeting at 3:20 p.m. Jame . Nejedly President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Cam..-~ Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Book 58 -Page 229