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HomeMy WebLinkAboutBOARD MINUTES 08-06-09 MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON AUGUST 6, 2009 The District Board of the Central Contra Costa Sanitary District convened in a regular meeting at its regular place of business, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on Thursday, August 6, 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. 2. PUBLIC COMMENTS Board and staff acknowledged Mr. Qamar Khan, Public Works Director for the City of Concord, who was present in the audience, for his work with the District as the City of Concord’s representative. Mr. Khan will be retiring at the end of August. 3. CONSENT CALENDAR Member Lucey stated that the Budget and Finance Committee reviewed Item 3.e. and recommended approving continuance of the Computer Hardware Purchase Assistance Program but recommended reducing the budget to $30,000, rather than the recommended $70,000, and reviewing it again later in the year. He noted that the District currently has approximately $7,000 in outstanding loans. Regarding Item 3.l., Member Menesini suggested that a letter be sent to the City of Martinez acknowledging the successful cooperation between the City and the District on the Martinez Sewer Renovations, Phase 2 Project. Member Menesini also requested that in the future staff send letters to all cities after a successful project is completed in that city. It was moved by Member Lucey and seconded by Member Menesini to adopt the Consent Calendar as recommended. Motion passed by unanimous vote of the Board. a. Approve expenditures dated August 6, 2009. Reviewed by Budget and Finance Committee. Book 59 – Page 61 Board Minutes of August 6, 2009 b. Receive June 2009 Financial Statements. Reviewed by Budget and Finance Committee. c. Approve minutes of July 2 and July 16, 2009 Board meetings. d. Authorize a public notice advertising that documentation used in the determination of the District’s appropriations limit shall be available fifteen days prior to the Board Meeting to be held on September 3, 2009, at which the appropriations limit for the Sewer Construction Fund (tax revenue plus interest) for the 2009-2010 Fiscal Year will be established. Reviewed by Budget and Finance Committee. e. Approve the continuance of the Employee Computer Hardware Purchase Assistance Program effective August 6, 2009 for a one-year period in the amount of $30,000. Reviewed by Budget and Finance Committee. f. Adopt Resolutions 2009-046 and 2009-047 accepting a grant of easement from Jeffrey Paul Leonard, District Project 4985, Parcels 32 and R-32; authorizing execution of a quitclaim deed to property owner at 1619 Mary Drive, Pleasant Hill, District Project 4985, Parcels 32 and Parcel R-32; and authorize staff to record documents with Contra Costa County Recorder. g. Adopt Resolution 2009-048 accepting an offer of dedication from Mardel LC, for an easement in the Town of Danville shown on the map of subdivision 7960, Job 5854, Parcel 1; and authorize staff to record documents with the Contra Costa County Recorder. h. Adopt Resolution No. 2009-049 accepting an offer of dedication from Talamark Development, Inc., for easements in the Town of Danville shown on the map of subdivision 9078, Job 6444, Parcels 2 through 6; and authorize staff to record documents with the Contra Costa County Recorder. i. Adopt Resolution No. 2009-050 accepting an offer of dedication from the Windemere BLC Land Company LLC, for an easement in the City of San Ramon shown on the map of subdivision 8508, Job 5852, Parcel 1; and authorize staff to record documents with the Contra Costa County Recorder. j. Adopt Resolution No. 2009-051 accepting an offer of dedication from Bertolero Development Corporation, Inc., for an easement in the Town of Danville shown on the minor subdivision map of MS 851-2004, Job 5871, Parcel 1; and authorize staff to record documents with the Contra Costa County Recorder. k. Adopt Resolution No. 2009-052 confirming publication of a summary of uncodified District Ordinance No. 256 establishing reimbursement fees applicable to properties that connect to Job 5684, Crestview Court, Orinda Book 59 – Page 62 Board Minutes of August 6, 2009 standard sewer facilities; Job 5855, Canon Drive, Orinda special sewer facilities; Job 6435, Ramon Court, Danville, standard sewer facilities; and Job 6453, Cherry Lane, Walnut Creek, standard sewer facilities. l. Accept the contract work for the Martinez Sewer Renovations, District Project 5979, Phase 2, completed by William G. McCullough Company, and authorize filing of the Notice of Completion. 4. HEARINGS a. CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION DIRECTING THAT THE 2009-2010 ASSESSMENTS FOR FIVE ALHAMBRA VALLEY ASSESSMENT DISTRICTS (AVADS), TRUNK SEWER 2007-1, GORDON/MILLTHWAIT 2007-2, RELIEZ VALLEY 2007-3, MONTEIRA 2007-4, AND QUAIL 2007-6, BE COLLECTED ON THE CONTRA COSTA COUNTY TAX ROLL General Manager James Kelly introduced Environmental Services Division Manager Curt Swanson who stated that this is the last official function required of the Board in order to collect assessments on the five AVADs. Twenty property owners have paid off their assessments in full. $570,000 has been collected as of July 24, 2009. Sixty-nine property owners have elected to start financing some or all of their AVAD assessment; $1.96 million is owed. $197,036 in assessment payments are to be collected on the tax roll this year. These charges must be submitted to the County by August 10, 2009. The public hearing was opened and closed without comments. It was moved by Member Hockett and seconded by Member Menesini to adopt Resolution 2009-053 directing that the 2009-2010 assessments for the Trunk Sewer 2007-1, Gordon/Millthwait 2007-2, Reliez Valley 2007-3, Monteira 2007-4, and Quail 2007-6 AVADs be collected on the Contra Costa County tax roll. Motion passed by unanimous vote of the Board. b. PUBLIC HEARING TO CONSIDER ADOPTING AN ORDINANCE ADJUSTING BOARD MEMBER COMPENSATION General Manager James Kelly stated that this public hearing is being held to consider adjusting current Board Member compensation of $221 per day of service to an amount up to $243 to capture the permitted increases not taken in 2008 and 2009. The public hearing was opened and closed without comments. Book 59 – Page 63 Board Minutes of August 6, 2009 It was moved by Member Lucey and seconded by Member McGill to amend Board Member compensation to $243 per day of service. Motion failed by the following vote of the Board: AYES: Members: Lucey, McGill NOES: Members: Hockett, Menesini, Nejedly ABSENT: Members: None 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 6. BIDS AND AWARDS a. AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $287,201 TO MCNAMARA AND SMALLMAN CONSTRUCTION, INC., THE LOWEST RESPONSIVE BIDDER FOR THE PLEASANT HILL SEWER RENOVATIONS PHASE 1, DISTRICT PROJECT 5961; 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 Pleasant Hill Sewer Renovations, Phase project will renovate 2,500 linear feet of 6- and 8-inch sewer lines in Pleasant Hill. There were 8 bids, with the low bid being 30 percent less than the Engineer’s Estimate of $400,000. Staff recommends awarding a construction contract in the amount of $287,201 to McNamara and Smallman Construction, Inc., the lowest responsive bidder. 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 McNamara and Smallman Construction, Inc.; 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 $1,588,118 TO RANGER PIPELINES, INC., THE LOWEST RESPONSIVE BIDDER FOR THE WALNUT CREEK SEWER RENOVATIONS PHASE 7, DISTRICT PROJECT 5974; 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 the Walnut Creek Sewer Renovation, Phase 7 project will renovate 11,000 linear feet of 6-, 8-, and 15-inch sewer lines by Book 59 – Page 64 Board Minutes of August 6, 2009 open cut, pipe-bursting, and guided bore methods in public rights-of-way in Walnut Creek. There were six bids, with the low being more than 11 percent or $211,882 below the Engineer’s Estimate of $1,800,000. Staff recommends awarding a construction contract in the amount of $1,588,118 to Ranger Pipelines, Inc., the lowest responsive bidder. It was moved by Member Menesini and seconded by Member McGill to find that the project is exempt from CEQA; to award a construction contract to Ranger Pipelines, Inc.; and to authorize the General Manager to execute the contract documents as recommended. Motion passed by unanimous vote of the Board. c. AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $688,134.17 TO ROTO-ROOTER PLUMBING SERVICES, THE LOWEST RESPONSIVE BIDDER FOR THE TELEVISION INSPECTION OF SANITARY SEWERS, PHASE 6, DISTRICT PROJECT 5547; 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 contract is for TV Inspection of Sanitary Sewers, Phase 6 and will video inspect 1,000 linear feet of sewer line. This will complete the television inspection of District sewers. Three sealed bids ranging from $688,134 to $1,020,590 were received and publicly opened on July 27, 2009, with the low bid being more than 21 percent or $186,866 below the Engineer’s Estimate of $875,000. Staff recommends awarding a construction contract in the amount of $688,134.17 to Roto Rooter, Inc., the lowest responsive bidder. It was moved by Member Hockett and seconded by Member McGill to find that the project is exempt from CEQA; to award a construction contract to Roto-Rooter Plumbing Services; and to authorize the General Manager to execute the contract documents as recommended. Motion passed by unanimous vote of the Board. d. AWARD A CONTRACT IN THE AMOUNT OF $33,172.91 TO POWER SYSTEMS ENGINEERING, THE LOWEST RESPONSIVE BIDDER FOR AN UNINTERRUPTIBLE POWER SUPPLY (UPS) ELECTRICAL BACKUP SYSTEM FROM THE TREATMENT PLANT EQUIPMENT REPLACEMENT, DISTRICT PROJECT 7265; 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 the Treatment Plant Equipment Replacement Project will fund the purchase of an uninterruptible power supply electrical backup system as a replacement for the existing one at the Headworks. This project was advertised on April 6 and April 11, 2009. Four sealed bids ranging Book 59 – Page 65 Board Minutes of August 6, 2009 from $33,172.91 to $40,660.73 were received and publicly opened on April 30, 2009. Staff recommends the award of a contract in the amount of $33,172.91 to Power Systems Engineering, the lowest responsive bidder. It was moved by Member Hockett and seconded by Member McGill to find that the project is exempt from CEQA; to award a construction contract to Power Systems Engineering; and to authorize the General Manager to execute the contract documents as recommended. Motion passed by the following vote of the Board: AYES: Members: Hockett, McGill, Menesini, Nejedly NOES: Members: Lucey ABSENT: Members: None 7. REPORTS a. GENERAL MANAGER 1) Draft “will-serve” letter to Contra Costa Water District General Manager James Kelly stated that the draft will serve letter for providing recycled water to the proposed development of the Concord Naval Weapons Station has been revised to reflect input from the Board Recycled Water Committee. Staff requests authorization to send the finalized letter. District Counsel Kent Alm noted that usually a “will serve” letter comes from staff, but in this case Board approval is being requested so that it is clear to all concerned that this is the Board’s position, and a firm position of the District, that the District is willing to serve given the meeting of the criteria set forth in the attachment. It was moved by President Nejedly and seconded by Member Hockett to authorize staff to finalize and send the “will serve” letter with the Board President’s signature. Motion passed by unanimous vote of the Board. 2) Private Sewer Lateral (PSL) Update Capital Projects Division Manager Tad Pilecki provided a brief update on the California Association of Sanitation Agencies (CASA) proposed legislation for private sewer laterals including the (CASA) outreach program, the Padilla Bill (which is a bill similar to the CASA legislation but dealing with water conservation fixtures), PSL Task Force Meetings, and the upcoming CASA Conference. Mr. Pilecki stated that representatives of CASA met with the Communication, Transportation and Public Works Committee of the League of Cities. That Committee voted in concept to support the legislation subject to reviewing the Book 59 – Page 66 Board Minutes of August 6, 2009 final language. The League of Cities Executive Committee met later and supports the concept of dealing with laterals, but prefers a more local approach as opposed to a State-wide approach. The State Association of Counties and the Regional Council of Rural Counties were also contacted. Although no formal presentations were made, both groups asked for feedback in their newsletter. Los Angeles County, Lassen County, and Modoc County responded opposing the proposed legislation. Mr. Pilecki reported on the Padilla Bill, noting that it has been re-written over four times in the Senate and it has been transformed from an original point-of- sale requirement into a fairly weak requirement for replacement of noncompliant fixtures in all single family homes by 2017 and disclosure of noncompliant fixtures at point of sale by 2011. The PSL Task Force is now considering three options. Option 1: Stay the course to proposed State PSL legislation, knowing the bill may be vague with extended deadlines, Option 2: Restructure the proposed legislation by abandoning the point of sale and mandatory ordinance language, and Option 3: Do not proceed with legislation but develop model local ordinances and tools for implementation. Mr. Pilecki stated that opposition to a PSL bill has increased and the PSL Task Force is considering options to legislation. The PSL Task Force plans to have a recommended course of action for the CASA Board at CASA’s annual meeting this month. The issue will be discussed at the Executive Committee Meeting on August 12, the PSL Task Force Meeting on August 14, and the General Membership Meeting on August 14. Agencies that have submitted letters to CASA opposing the proposed PSL ordinance include: Central Contra Costa Sanitary District, Union Sanitary District, Oro Loma Sanitary District, West County Wastewater District, Leucadia Wastewater District, Fairfield-Suisun Sewer District, and Modoc County. Member Lucey voiced concern that in the CASA Conference agenda it appears that CASA is not allowing its members to vote on this. The PSL Task Force is scheduled to make a decision and then a recommendation to CASA’s Executive Board without a general membership vote. Member Hockett stated that there will be an anonymous vote of the Task Force. The votes will be counted by Friday and a recommendation will be submitted to the Executive Board. Book 59 – Page 67 Board Minutes of August 6, 2009 Member Lucey stated that in his opinion there is no place in the public sector for anonymous votes. Mr. Kelly stated that it will be an anonymous vote that can be audited to make sure there is no multiple voting. Member Hockett stated that the Task Force will take the vote, it will then be considered by the Executive Board, and then taken to the CASA membership at large. President Nejedly stated that he is concerned that CASA is not representing the interests of the Districts that it represents, and he would like to entertain the idea of leaving CASA subsequent to its vote on this issue. Member Lucey stated that if CASA goes through with accepting anonymous votes, he would urge the Board to cut all funding of staff members from any participation in CASA. Member Lucey stated that he planned to attend the California Association of Sanitation Agencies (CASA) Executive Board Meeting next week. 3) Capital Improvement Program, Expenditure and Revenue Scenarios. Reviewed by Capital Projects Committee Member McGill reported on this matter during Item 7.d.1) Board Member Reports. 4) Advertisement of the Collection System Operations Department (CSOD) Administration, Crew, and Warehouse Facility, DP 8208. Reviewed by Capital Projects Committee Member McGill reported on this matter during Item 7.d.1) Board Member Reports. 5) General Manager James Kelly announced that District staff and Legal Counsel met with the Round Hill Estates North Homeowners’ Association (HOA) Board of Directors at their regular meeting on July 28, 2009, to discuss the poorly-maintained drainage culverts and small slides on District easements. Failure to address these issues in a timely manner makes it difficult for the Collection System Operations Department (CSO) to maintain the sewer, difficult to respond to an emergency, and ultimately could threaten the sewer in the easement. Four of the seven HOA directors were present. Information on these issues was presented to those present including pictures of the problems, a map indicating locations, and a sample of draft letters to be sent to homeowners. There was a cordial discussion with members Book 59 – Page 68 Board Minutes of August 6, 2009 of the HOA Board. They asked to be copied on correspondence sent to homeowners and had useful input on the draft letters. The next step will be to send a general letter to all homes with a sewer on a slope bench (approximately 100) advising them of the presence of the sewer and the need to maintain the bench. The District pamphlet “There’s a Public Sewer Line On or Near Your Property” will be included and a copy of information on the proper maintenance of the slope benches as found on the Round Hill Estates North web site. Thereafter, targeted letters will be sent to approximately 28 homes that have issues, as well as to the HOA. These will include pictures of the problems as well as the pamphlet and slope maintenance information included in the first mailing. The responsible parties will be asked to take action to correct the problem(s) prior to October 15, 2009, before the next rainy season. A form with a return envelope will be included asking for a response within 30 days as to what action is proposed. 6) General Manager James Kelly announced that the ribbon-cutting marking the completion of the A-Line Project will be held on Wednesday, August 26, 2009, at 10 a.m. at the Concord Pump Station located at 2050 Waterworld Parkway. Refreshments will be served and tours of the Flow Meter Vault will be available. 7) General Manager James Kelly announced that the District hosted a public meeting for the Pleasant Hill Sewer Renovation Project, Phase 1, on Thursday, July 30, 2009 at the City of Pleasant Hill's Community Room. Forty-four invitations were mailed but none of the affected residents attended. The project will renovate 2,500 feet of 6 and 8-inch sewer mains in Pleasant Hill using open cut, pipe-bursting, and CIPP techniques. 8) General Manager James Kelly announced that on July 17, 2009, Avalon Bay Communities paid connection fees totaling $2,259,025.15 for 422 apartments and about 50,000 square feet of retail space in three buildings in the Pleasant Hill Transit Village Project adjacent to the BART station. The fees included $2,131,988.83 in Capacity Fees and $123,057.32 in Sewer Service Charges. 9) General Manager James Kelly announced that on July 20, 2009, during excavation work for the foundation of the sludge truck loading facility, (Solids Handing Improvements Project, DP 7260) the contractor, Manito Construction, Inc., discovered that the soils at the site appeared to be contaminated with a petroleum material. Staff brought in AEI Consultants to examine the soils and collect samples. The soil analysis has confirmed that the soil contains the black, oily, Book 59 – Page 69 Board Minutes of August 6, 2009 petroliferous materials found during past subsurface construction work on the treatment plant site. In order to avoid delay claims, staff has directed Manito Construction, Inc to retain a subcontractor qualified to handle this type of material. Approximately 500 cubic yards of material has been removed from the excavation and stock piled at the site. The total cost to stockpile and then consolidate the contaminated material might exceed $50,000. In the event that the total cost exceeds staff’s authorization limit, staff will request the Board’s authorization to execute a change order with Manito Construction, Inc. for this work. Staff has informed the Department of Toxic Substances Control (DTSC) of this discovery and is waiting for permission to consolidate the materials on site. 10) General Manager James Kelly announced that City of Concord employees Qamar Khan, Public Works Director; Bruce Good, Infrastructure Manager; and Mark Boehme, Senior Assistant City Attorney, have announced that they will be retiring effective August 31, 2009. Qamar and Bruce have worked closely with District staff for many years, most recently on the almost complete A-Line Relief Interceptor Phase 2A/Concord Inter-tie Project. Sixty-four City employees will be retiring by the end of August. 11) General Manager James Kelly announced that a Pretreatment Compliance Inspection (PCI) was conducted on February 25 and 26, 2009 by the United States Environmental Protection Agency and the Regional Water Quality Control Board’s contractor Tetra Tech, Inc. The PCI report was received on June 23, 2009 and the District responded to the findings on July 28, 2009. 12) General Manager James Kelly announced that the permit counter will be closed for construction beginning Monday, August 10, 2009, and is scheduled to re-open on Monday, August 31, 2009. During the closure period, permit operations will be temporarily moved to the First Floor Conference Room (not the Board Room as previously reported). 13) General Manager James Kelly announced that the Contra Costa Council is currently requesting submittals for an award entitled “Sustainable Contra Costa” a project of Generation Green. Mr. Kelly asked for Board concurrence in submitting CCCSD’s Pharmaceutical Drop-Off Program for this award. The application would be submitted in partnership with Contra Costa County, the City of Walnut Creek, and possibly the Central Contra Costa Solid Waste Authority. The Board concurred with submittal for the award. (Note: This is not a Contra Costa Council program.) Book 59 – Page 70 Board Minutes of August 6, 2009 b. COUNSEL FOR THE DISTRICT District Counsel Kent Alm reported on the Proposition 218 Notification and the possibility of increasing the Sewer Service Charge for the 2009-2010 Fiscal Year without sending out additional Proposition 218 notification to all property owners, stating that this could be legally permissible without sending out additional written notices. He stated that this is not agendized for this meeting, but this and other alternatives could be agendized for a future meeting if the Board wishes. c. SECRETARY OF THE DISTRICT None. 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 July 20, 2009 California Special Districts Association, Contra Costa County Chapter Meeting. Member Lucey Member Lucey and President Nejedly reported on the August 3, 2009 Budget and Finance Committee meeting and summarized the Action Summary. The Board received the report without comment. Member McGill Members McGill and Lucey reported on the August 4, 2009 Capital Projects Committee meeting and summarized the Action Summary as follows. Member McGill stated that on June 4, 2009, the Board adopted the Fiscal Year 2009-10 Capital Improvement Budget (CIB) and Ten-Year Plan (CIP). At the same meeting, the Board declined to adopt the $10 sewer service charge increase that was embedded in the revenue and cash flow assumptions for the CIB/CIP document. In order to make the adopted CIB/CIP document consistent with the Board action on the sewer service charge increase, staff amended three pages from the CIB/CIP document and will include them in the CIB/CIP document. The replacement pages include Table 2 on page 9 of the CIB Book 59 – Page 71 Board Minutes of August 6, 2009 introductory section and Tables A-4 and A-5 on pages A-13 and A-14 of the CIP introductory section of the document. The Committee reviewed the amended pages and recommended including them in the CIB/CIP document. Member McGill reported on the Capital Improvement Program Expenditure and Revenue Scenario for Fiscal Year 2009-10 and beyond. All scenarios indicate that either significant sewer service charge rate increases or some level of bond financing will be necessary to continue the capital program, even after taking credit for the competitive bid climate and deferring some non-essential projects. The Committee recommended proceeding with the Capital Improvement Budget with deferments recommended by staff, pursue bond financing ($30 million or more) in parallel with advertisement of the Collection System Operations Department (CSOD) Administration, Crew, and Warehouse Facility, District Project 8208. At the time of award of the CSOD project, a decision on the amount of the initial bond issuance, and if the issuance should be in stages, would be made. Additional bonds could then be sold over the next several years as project needs dictate. The Board received the report without comment. Member Menesini Member Menesini reported on the July 24, 2009 Friends of the San Francisco Estuary meeting. 2) Announcements Member McGill provided a written report on his attendance at other meetings. 8. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER TO SIGN THE CONTRACT WITH CONTRA COSTA CLEAN WATER PROGRAM ALLOWING SOURCE CONTROL TO CONTINUE CONDUCTING STORM WATER INSPECTIONS IN NINE OF THE CENTRAL COUNTY CITIES General Manager James Kelly stated that the contract with the Contra Costa Clean Water Program is structured so that the District gets full cost recovery. District Counsel Kent Alm has worked closely with the Contra Costa County Counsel to develop language to provide indemnification protection that the District has been seeking. The agreement will not be fully in effect until it is signed by all parties Book 59 – Page 72 Board Minutes of August 6, 2009 including CCCSD, East Bay MUD, Delta Diablo Sanitation District, and Contra Costa County. There must also be approval by the nine central county cities that are involved. District Counsel Kent Alm gave a brief summary of the contract negotiations and the final contract. The pre-existing indemnification clause did not specifically provide indemnification in favor of CCCSD, but was based on a normal negligence standard. After discussion with the County, new language was added to the contract where indemnification would flow from the County to CCCSD. Also, a clarification to the contract was made regarding enforcement actions where a contested enforcement action would be brought in the name of the city not CCCSD and it would be based on the ordinances and the enforcement authority of the city. The third change, which was requested by others, is that the contract is formatted without an expiration date; however, it requires review by program staff every two years. The District and other parties can elect to withdraw at any time upon 180 days’ notice. It was moved by Member McGill and seconded by Member Hockett toauthorize the General Manager to sign the contract with Contra Costa Clean Water Program allowing Source Control to continue conducting storm water inspections in nine of the central county cities. Motion passed by unanimous vote of the Board. b. AUTHORIZE THE GENERAL MANAGER TO SIGN A TRANSITION AGREEMENT WITH THE CITY OF WALNUT CREEK FOR SOURCE CONTROL TO CONDUCT STORM WATER INSPECTION AND TRANSITION SERVICES FOR 90 DAYS General Manager James Kelly stated that the agreement being considered today is a transition agreement with the City of Walnut Creek for CCCSD’s Source Control Section to conduct storm water inspection and transition services for 90 days while the City of Walnut Creek develops its capability to assume the storm water inspection responsibilities. This program is based on the previous agreement with the City of Walnut Creek and is consistent with the two agreements that have been signed by the General Manager in the past week with the Cities of Lafayette and Martinez to provide service until the contract with Contra Costa Clean Water Program, which was just approved, goes into effect. It was moved by Member Menesini and seconded by Member McGill to authorize the General Manager to sign a transition agreement with the City of Walnut Creek for Source Control to conduct storm water inspection and transition services for 90 days. Motion passed by unanimous vote of the Board. 9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION a. RECEIVE REPORT ON EMERGENCY DECLARED ON MAY 21, 2009 AND AUTHORIZE THE GENERAL MANAGER UNDER PUBLIC CONTRACT CODE 22050(B) TO CONTINUE WITH EMERGENCY REPAIRS ON THE Book 59 – Page 73 Board Minutes of August 6, 2009 RECYCLED WATER PIPELINE AT GRAYSON CREEK IN MARTINEZ, IF WORK HAS NOT BEEN COMPLETED b. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A CONSTRUCTION CONTRACT CHANGE ORDER IN AN AMOUNT NOT TO EXCEED $206,500 WITH MANITO CONSTRUCTION, INC. ON THE SOLIDS HANDLING IMPROVEMENT PROJECT, DISTRICT PROJECT 7260, FOR THE EMERGENCY REPAIR OF THE RECYCLED WATER LINE, THE GRAYSON CREEK REW EMERGENCY REPAIR PROJECT, DP 7278 Senior Engineer Ba Than presented an update on the emergency repairs on the recycled water pipeline at Grayson Creek. The status of permits is as follows: an encroachment permit has been obtained from the Flood Control District and Contra Costa County; the US Army Corps of Engineers stated that the work is out of their jurisdiction and no permit is required; the State Water Quality Control Board has not given official approval yet, but they indicated that they will not hold up construction; and it is expected that the Department of Fish and Game will issue a permit the week of August 17. Mr. Than stated that the anchor locations on the bridge deck have been marked, X- ray testing to locate rebar is scheduled for this week, the pipe is being fabricated, and staff is working on recovering costs above $250,000 from the property loss insurance policy. The contractor will start drilling the first week of September and by September 9, 2009 the installation of the pipe will begin. Mr. Than stated that staff recommends that the Board authorize the General Manager to continue with emergency repairs to the recycled water pipeline at Grayson Creek in Martinez. The basis for this recommendation is the need to complete the repair this construction season to remove the temporary pipeline from the bridge to ensure reliable recycled water deliveries and public safety. The repairs must proceed on an emergency basis to complete construction by the October 15, 2009 deadline in the Flood Control Permit. Staff also recommends that the Board approve a change order in the amount of $206,500 with Manito Construction, Inc. to complete the emergency repairs. It was moved by Member Lucey and seconded by President Nejedly to continue the authorization for emergency repairs and authorize the General Manager to execute a construction contract change order in an amount not to exceed $206,500 with Manito Construction, Inc. on the Solids Handling Improvement Project, District Project 7260, for the emergency repair of the Recycled Water Line, the Grayson Creek REW Emergency Repair Project, DP 7278. Motion passed by unanimous vote of the Board. Book 59 – Page 74 Board Minutes of August 6, 2009 10. SUGGESTIONS FOR FUTURE AGENDA ITEMS ' None. 11. CLOSED SESSION The Board recessed at 3:01 p.m. to reconvene in the Caucus Room in closed session regarding: a. Conference with Legal Counsel -Anticipated Litigation -significant exposure to litigation pursuant to Government Code Section 54956.9(b), or Conference with Legal Counsel -Anticipated Litigation -initiation of litigation pursuant to Government Code Section 54956.9 c. • One potential case. b. Personnel Matters Pursuant to Government Code Section 54957 - Performance Evaluation for General Manager. The Board recessed at 3:45 p.m. to reconvene in the Board Room for the remainder of the agenda. ' 12. REPORT OUT OF CLOSED SESSION No reports. 13. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at 3:46 p.m. „ti,~,, G ~ ., ./L, Jas A. Nejedly / ' President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: ~-. ' Elaine-R. Bcehme _~ % Secretary. of the Central Contra Costa ' Sanitary~District, County of Contra Costa, 'State of California Book 59 -Page 75