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HomeMy WebLinkAboutBOARD MINUTES 05-07-09MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MAY 7, 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, May 7, 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 2. PUBLIC COMMENTS None. 3. CLOSED SESSION The Board recessed at 2:02 p.m. to reconvene in closed session to confer 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. The Board reconvened in open session in the Board Room at 2:10 p.m. 4. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance. 5. INTRODUCTIONS The Board welcomed newly-hired Network Coordinator, Jose Vega. Book 59 -Page 1 Board Minutes of May 7, 2009 6. AWARDS AND COMMENDATIONS a. PRESENTATION OF CALIFORNIA WATER ENVIRONMENT ASSOCIATION (CWEA) STATE-WIDE AWARDS General Manager James Kelly stated that the 82nd Annual California Water Environmental Association Conference took place from April 28 through May 1, 2009 in Palm Springs. The District won two statewide first level awards for Treatment Plant of the Year and the Engineering Research Achievement for the Aeration Air Renovations Project. The Water/Wastewater Operator Training Program took second place in the statewide Public Education Award. CWEA State Director-At-Large and District employee Paul Louis presented the following awards to the Board: Treatment Plant of the Year, Large Category -First Place Award. Engineering Research Achievement Award for Aeration Air Renovations Project -First Place Award. The Board thanked District staff for their achievements. 7. CONSENT CALENDAR It was moved by Member McGill and seconded by Member Hockett to adopt the Consent Calendar as recommended. Motion passed by unanimous vote of the Board. a. Approve expenditures dated May 7, 2009. Reviewed by Budget and Finance Committee. b. Receive March 2009 Financial Statements. Reviewed by Budget and Finance Committee. c. Approve minutes of April 2, April 9, and April 16, 2009 Board meetings. d. Approve proposed Board Member conference attendance for Fiscal Year 2009- 2010. e. Adopt resolutions to meet Clean Water State Revolving Fund (CWSRF) program requirements for funding eligibility for the American Recovery and Reinvestment Act of 2009: 1) Resolution 2009-018 authorizing the General Manager and the Secretary of the District, or their designee, to execute up to seven Financial Assistance Agreements with the State Water Resources Control Board. Book 59 -Page 2 Board Minutes of May 7, 2009 2) Resolution 2009-019 dedicating a source of revenue to payment of CWSRF program financing. 3) Resolutions 2009-020 through 2009-026 stating intent to reimburse moneys provided through CWSRF program financing. Establish June 4, 2009 at 2:00 p.m. as the date and time for a public hearing on the draft Fiscal Year 2009-2010 Capital Improvement Budget and 2009 Ten-Year Capital Improvement Plan document. g. Establish June 4, 2009 at 2:00 p.m. as the date and time for a public hearing on placing the Fiscal Year 2009-2010 Capacity Use Charges, the Fiscal Year 2009- 2010Assessments for Contractual Assessment Districts and the Fiscal Year 2008-2009 Delinquent Charges on the Contra Costa County Tax Roll. h. Establish June 4, 2009 at 2:00 p.m. as the date and time for a public hearing on the Fiscal Year 2009-2010 Operations and Maintenance Budget, Debt Service Fund Budget, and the Self-Insurance Fund Budget, and for the establishment of the Fiscal Year 2009-2010 Sewer Service Charge rates, and on the collection of current Sewer Service Charges and prior year delinquent charges by placing them on the Contra Costa County Tax Roll. 8. 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 Continued from April 16, 2009. Information regarding the Capacity Fees, Rates and Charges was provided to the Board on March 5, 2009. General Manager James Kelly referred to the Position Paper and handout regarding the proposed revisions to the Schedule of Capacity Fees, Rates and Charges. A 7.6 percent increase is recommended to the Gravity Zone fee, which would increase to $5,298 per RUE. Pumped Zone fees would increase by 6.8 percent, to $6,949 per RUE. The proposed changes have been reviewed and recommended for approval by the Budget and Finance Committee. The public hearing was opened and closed without comments. It was moved by Member Hockett and seconded by Member McGill to adopt uncodified Ordinance No. 254 replacing Exhibit B adopted pursuant to Ordinance 249 entitled "Schedule of Capacity Fees, Rates and Charges" and the findings set forth in the Book 59 -Page 3 Board Minutes of May 7, 2009 Ordinance, in accordance with District Code Chapter 6.12. Motion passed by unanimous vote of the Board. 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 Continued from April 16, 2009. Information regarding the Environmental and Development-Related Rates and Charges was provided to the Board on March 5, 2009. General Manager James Kelly referred to the Position Paper and handout regarding the proposed revisions to the Environmental and Development-Related Fees, Rates and Charges. Fifty-three fees remain the same, seven fees increase, nine fees decrease, and two will be restructured. Additional revenue from increased fees would likely be balanced by reduced revenue from decreased fees. The proposed fee changes have been reviewed by Budget and Finance Committee and are recommended for Board approval. The public hearing was opened and closed without comments. It was moved by Member Menesini and seconded by Member McGill to adopt uncodified Ordinance No. 255 replacing Exhibit B adopted pursuant to Ordinance 250 entitled "Schedule of Environmental and Development-Related Rates and Charges" and the findings set forth in the Ordinance, in accordance with District Code Chapter 6.30. Motion passed by unanimous vote of the Board. 9. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER 11.d.2)a) and 11.d.2)b) were taken out of order. 10. BIDS AND AWARDS a. AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $208,200 TO PAGE CONSTRUCTION COMPANY, THE LOWEST RESPONSIVE BIDDER FOR THE CONSTRUCTION OF THE ADA AND GENERAL IMPROVEMENTS DISTRICT PROJECT 8214; 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 Book 59 -Page 4 Board Minutes of May 7, 2009 General Manager James Kelly stated that this project will complete the ADA upgrades to public accessible District offices. The project will complete interior modifications, which include the first-floor restrooms, permit and reception areas, and other improvements. Six bids were opened on April 21, 2009. The Engineer's Estimate was $250,000. Staff conducted a review of the bids and determined that Page Construction Company is the lowest responsive bidder at $208,200. Staff recommends finding the project exempt from CEQA, awarding a construction contract to Page Construction Company, and authorizing the General Manager to execute the contract documents subject to submittal requirements. It was moved by Member Hockett and seconded by Member Menesini to find that the project is exempt from CEQA; to award a construction contract to Page Construction Company; and to authorize the General Manager to execute the contract documents as recommended. Motion passed by unanimous vote of the Board. b. AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $1,124,281 TO MCNAMARA & SMALLMAN CONSTRUCTION, INC., THE LOWEST RESPONSIVE BIDDER FOR THE SOUTH ORINDA SEWER RENOVATIONS, PHASE 4, DISTRICT PROJECT 5950; 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 General Manager James Kelly stated that this project will replace approximately 11,500 feet of 6-, 8-, and 10-inch sewer lines within public right-of-way and easements in Orinda. Open-cut, pipeburst, and horizontal directional drilling methods will be used. Seven bids were opened on April 22, 2009. The Engineer's Estimate was $1,540,000. Staff conducted a review of the bids and determined that McNamara &Smallman Construction is the lowest responsive bidder with a bid amount of $1,124,281. Staff recommends finding the project exempt from CEQA, awarding a construction contract to McNamara &Smallman, and authorizing the General Manager to execute the contract documents subject to submittal requirements. It was moved by Member McGill and seconded by Member Hockett to find that the project is exempt from CEQA; to award a construction contract to McNamara & Smallman Construction, Inc.; and to authorize the General Manager to execute the contract documents as recommended. Motion passed by unanimous vote of the Board. Book 59 -Page 5 Board Minutes of May 7, 2009 11. REPORTS a. GENERAL MANAGER 1) Green Update Assistant Engineer Melody LaBella presented a report, stating that staff is seeking certification through the Contra Costa Green Business Program, which the District has been supporting for over ten years. The CSO Vehicle Maintenance Shop is already green certified. She described the Contra Costa Green Business Program process and the certification status. The District's program checklist was submitted on March 31, 2009 and the solid waste audit was completed on April 30, 2009. Next steps include the development of an environmentally-preferred purchasing policy, which will be presented in draft form to the Board next month. 2) General Manager James Kelly announced that CSO staff is pursuing a possible grant for replacement of older, diesel trucks with newer trucks with improved air emissions. The grant source is federal economic stimulus money. The possible funding is up to 25% of the value of a truck. The vehicles that are candidates are the District's two oldest hydro- cleaning trucks. The cost of the most recent hydro-cleaning truck was approximately $400,000. The Board would have to authorize another purchase that has been postponed for several years at a June 2009 Board Meeting to take advantage of the grant. More detailed information will be provided as availability of the grant is determined. 3) General Manager James Kelly announced that CSO Field Operations Superintendent Don Rhoads and Maintenance Supervisor Tifton Gantt will travel to Orlando, Florida on May 11 and May 12, 2009 to inspect a new CCTV Equipment Truck. The new truck was authorized in the FY 2008-09 Equipment Budget as a dedicated Perma-Liner vehicle. The truck is nearing completion and should be inspected prior to delivery for quality assurance. The estimated cost of travel is $900. 4) General Manager James Kelly announced that, as part of the ongoing program to process the backlog of annexation petitions and eliminate islands in the District's service area, staff proposes to annex seventy- seven North Gate area parcels comprising approximately 161 acres. North Gate is an unincorporated area of Contra Costa County, east of the City of Walnut Creek and north of Mount Diablo State Park. A Draft Negative Declaration addressing the environmental effects of this annexation is available for public review from April 29 to May 29, 2009. A copy of the Draft Negative Declaration has been included in each Board Member's meeting packet. A public hearing on this project is planned for the June 18, 2009 Board meeting. Book 59 -Page 6 Board Minutes of May 7, 2009 To provide North Gate area property owners the opportunity to learn more about the annexation and sewering processes, staff will hold adrop-in Open House on Monday, May 18, 2009, from 7 p.m. to 8:30 p.m. at the Ygnacio Valley Library Community Room locate at 2661 Oak Grove Road in Walnut Creek. 5) General Manager James Kelly announced that the Lafayette Sewer Renovations Project, Phase 6, is part of the ongoing Collection Systems Renovation Program. Multiple phases of sewer renovations are planned for Lafayette. The project will replace approximately 13,000 linear feet of 6-, 8- and 12-inch sewer lines within public right-of-way and easements in Lafayette and one site in Orinda. Open-cut, pipeburst, cured-in-place pipe and horizontal directional drilling methods will be used. This project will be advertised on May 12 and 19, 2009. Bids will be opened on June 2, 2009. The construction cost is estimated at $1,800,000. More information will be presented when the Board is asked to approve the construction contract on June 18, 2009. 6) General Manager James Kelly announced that Bay Area Air Quality Management District (BAAQMD) inspector Raymond J. Salalila conducted the bi-annual inspection of the treatment plant on April 29 and 30, 2009, for compliance with the District's Major Facility Review (Title V Air) Permit. On April 29t", Mr. Salalila: • Reviewed air source test reports for cogeneration, Multi-Hearth Furnace (MHF) No. 1, MHF No. 2, Auxiliary Boiler No. 1, and Auxiliary Boiler No. 2. • Examined run-time records for the standby power diesel engines and one portable, diesel-driven pump. • Reviewed selected operational data for compliance with permit conditions and reporting. • Conducted a physical inspection of the treatment plant for odors. • Spot-checked the landfill gas distribution system for leaks. Mr. Salalila returned to the District on the afternoon of April 30t" to review opacity excursion data and provide operating staff with the results of his inspection. Mr. Salalila determined that the District was in compliance with all Title V Air Permit conditions. 7) General Manager James Kelly announced that the District will host a public workshop on Thursday, May 14 from 7 p.m. to 8 p.m. The meeting will be held at Burton Valley Elementary School located at 561 Merriewood Drive in Lafayette. The project will replace/rehabilitate approximately 13,000 feet of 6, 8 and 12-inch sewer pipe at several different sites in Lafayette and Orinda using open cut, pipe-bursting, and Book 59 -Page 7 Board Minutes of May 7, 2009 horizontal directional drilling methods. Staff has already spoken to 41 residents who will be affected by easement work on their property. b. COUNSEL FOR THE DISTRICT District Counsel Kent Alm reported that he has received full title to the easement in connection with the Kramer dispute. c. SECRETARY OF THE DISTRICT Secretary of the District Elaine Boehme announced distribution of Real Estate Committee and Recycled Water Committee packets. 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 Contra Costa Chapter of the California Special Districts Association meeting held on April 20, 2009, and at the recent California Association of Sanitation Agencies Conference and Executive Board meetings. Members Hockett and Lucey reported on the May 5, 2009 Human Resources Committee meeting. The Board received the report without comments. Members Hockett and McGill reported on the May 6, 2009 Outreach Committee meeting and summarized the Action Summary. The Board received the report without comments. Member Lucey Member Lucey and President Nejedly reported on the May 4, 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 California Association of Sanitation Agencies Conference. He announced he will attend the Contra Costa Mayors' Conferences on May 7 and June Book 59 -Page 8 Board Minutes of May 7, 2009 4, 2009. He will also attend upcoming meetings of the Contra Costa Land Use Task Force, the EBMUD Breakfast, and Contra Costa Water Task Force meeting. Member Menesini Member Menesini and President Nejedly reported on the April 28, 2009 Household Hazardous Waste Committee meeting. The Board received the report without comments. 2) Board Member Requests a) Discussion of possible deferment of Connection Fee payment until occupancy -President Nejedly. This item was continued from April 16, 2009. General Manager James Kelly stated that the homebuilding community is contacting counties, cities, and special districts requesting that they consider deferring collection of impact fees to the close of escrow for new homes, rather than continuing the current practice of collecting these fees when a building permit is issued or utility service connections are made. Board President Nejedly suggested that the Board discuss these requests. Principal Engineer Jarred Miyamoto-Mills stated that AB 2604 added a new subsection to Government Code Section 66007, stating that a local agency may defer the collection of one or more fees up to the close of escrow. Shapell Homes and the Homebuilders Association have requested that the District defer collection of all its connection fees to close of escrow. He described possible collection times, adding that the current fees range from $5,500 to $8,500 per RUE, plus reimbursement fees if applicable. Advantages of later collection are that the builder's cash flow is somewhat improved, depending on the actual time period between physical connection and close of escrow. Disadvantages include connection to the sewer may be used prior to payment of fees; fees due may not be identified at escrow; the developer may be unable to pay the fees; and the District's cash flow would be somewhat poorer depending on the actual time period between connection and close of escrow. Member McGill announced for the record that he holds a Board position with the Home Builders Association and has had prior conversations with Bob Glover. Bob Glover, representing HBANC, spoke in support of the deferral of the connection fees. Book 59 -Page 9 Board Minutes of May 7, 2009 President Nejedly stated that he would like to see the establishment of a pilot program to defer the payment of connection fees until close of escrow. It was moved by Member Lucey and seconded by Member McGill to direct staff to establish cone-year pilot program to defer collection of connection fees on new homes until close of escrow. In response to a question from the Board, District Counsel Kent Alm responded that, if the Board wishes to make the provisions of the pilot program permanent in the future, a Code revision will be necessary. Motion passed by unanimous vote of the Board. b) Discussion of letter in support of East Bay Municipal Utility District (EBMUD)'s Water Supply Management Program -Member McGill. This item was continued from April 16, 2009. General Manager James Kelly stated that Board Member McGill requested the Board to send a letter to East Bay Municipal Utility District in support of their Water Supply Management Program for 2040. Staff has prepared a draft letter of support which is located in the Board agenda packet. When this subject was discussed at the April 2nd Board meeting, there were some unanswered questions and concerns about the water supply plan. Staff requested that East Bay Municipal Utility District send a staff member to address these questions. Manager of Water Supply Improvements Mike Tognolini will present a summary of the planning and outreach efforts. Mr. Tognolini presented information on the Water Supply Management Program. He described the planning objectives, which include providing a reliable water supply, minimizing costs to customers, ensuring high quality water, and preserving the environment and biological resources. He also described public outreach efforts and detailed information on the program. He stated that the Program EIR was developed to consider the environmental impacts of the implementation of WSMP 2040. Project- specificenvironmental review will take place as projects move forward over time. The comment period on the EIR closed on May 4, 2009. Final public comment and Board certification will occur in July 2009. Member McGill stated that he had requested that this item be scheduled for Board consideration following a presentation he received from the Contra Costa Council Land Use Task Force. It was stated by EBMUD Book 59 -Page 10 Board Minutes of May 7, 2009 Board Member John Coleman at that meeting that there is a consistent cast of characters attending Board meetings that bring up the same theme of not needing to develop any more water supply, and recommend just doing strict conservation. Mr. Coleman asked other public agencies to weigh in to offset that. Member Hockett acknowledged that the Pardee reservoir is low, but did not see the rationale for enlarging Pardee unless there is an upstream water source. In response to questions, Mr. Tognolini stated that he expects 9 million gallons per day of recycled water. In addition, the new plan would add 11 mgd or 22,000 acre feet per year of recycled water, contributing to the total need for EBMUD. He explained his District's approach to conservation and rationing. He stated that a detailed study of how a Pardee expansion would affect shore lines at Pardee has not been conducted at this time. Member Lucey and President Nejedly stated that they will vote against supporting the WSMP, expressing frustration with EBMUD's approach to water management and ever-increasing water bills despite conservation and rationing efforts. Member McGill stated that, while he would second a motion to support the WSMP, he will go with the majority of the Board. Member Menesini suggested that Mr. Tognolini report back to his Board what had been discussed today. 12. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 13. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Lucey announced that the Wilder development has now declared bankruptcy, which may affect the District's plan to operate a pumping station for the City in that area. Book 59 -Page 11 Board Minutes of May 7, 2009 14. CLOSED SESSION The Board recessed at 3:50 p.m. to reconvene in closed session regarding: a. 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 4:27 p.m. to reconvene in the Board Room for the remainder of the agenda. 15. REPORT OUT OF CLOSED SESSION District Counsel Kent Alm stated that, during the closed session, direction was provided to the District's negotiators with regard to Henry's Wood Farm. 16. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at 4:28 p.m. J es A. Nejedly l President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: ..,: .. _ ~C ~~P Elaine. R. Boehme =, Secretary of the Central Contra Costa ~~ Sanitary District, County of Contra Costa, State of California Book 59 -Page 12