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HomeMy WebLinkAboutBOARD MINUTES 11-19-09 MINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON NOVEMBER 19, 2009 The Board of Directors 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, November 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. b. INTRODUCTIONS The Board welcomed newly-hired Payroll Technician, Margarita Morton. 2. PUBLIC COMMENTS There were no public comments. 3. CONSENT CALENDAR It was moved by Member Hockett and seconded by Member Lucey to adopt the Consent Calendar as recommended. Motion passed by unanimous vote of the Board. a. Approve expenditures dated November 19, 2009. Reviewed by Budget and Finance Committee. b. Approve minutes of October 15, 2009 Board meeting. c. Approve the expansion of the Pharmaceutical Collection Program and authorize the General Manager to execute memoranda of understanding with the City of Pleasant Hill and the City of San Ramon for a Pharmaceutical Collection Program, with an estimated annual operating cost of $6,000 to $8,000 per site. d. Adopt Resolution 2009-106 setting forth and delegating certain authorities to the General Manager, and rescinding certain prior resolutions. Adoption recommended by the Budget and Finance Committee. Book 59 – Page 132 Board Minutes of November 19, 2009 e. Adopt Resolution 2009-107 accepting an offer of dedication from Shapell Industries, Inc. for an easement in the city of San Ramon shown on the map of subdivision 8700, Job 5823, Parcel 1, and authorize staff to record documents with the Contra Costa County Recorder. f. Accept the contract work for the Aeration Air Renovations, Phase 2, District Project 7274, completed by F.D. Thomas, and authorize filing of the Notice of Completion. g. Accept the contract work for the Treatment Plant Piping Renovations, Phase 4, District Project 7216, completed by C. Overaa & Company, and authorize filing of the Notice of Completion. h. Approve the Martinez Sewer Renovations, District Project 5952, Phase 3, for CEQA compliance, permitting and right-of-way acquisition purposes; find that the project is exempt from CEQA; and direct staff to file a Notice of Exemption with the Contra Costa County Clerk. i. Authorize the General Manager to execute the first amendment to the lease agreement between CCCSD and County Quarry Products, LLC for 1.5 acres at the Kiewit property. Authorization recommended by the Real Estate Committee. 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 5. BIDS AND AWARDS a. REJECT ALL BIDS SUBMITTED FOR THE CONSTRUCTION OF THE DISTRICT VEHICLE SHOP IMPROVEMENTS, DISTRICT PROJECT 8218, AND APPROVE INCORPORATING THIS WORK INTO THE HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY (HHWCF) IMPROVEMENTS, DISTRICT PROJECT 8216 General Manager James Kelly stated that the purpose of the District Vehicle Shop Improvements Project is to improve the working conditions in the vehicle maintenance shop. On October 29, 2009, three sealed bids were received and opened for the construction of this project. After thorough review by staff and counsel, two of the three bids were found to be incomplete. Staff therefore recommends that the Board reject all bids and approve incorporating this work into the Household Hazardous Waste Collection Facility Improvements Project. In response to questions, Director of Engineering Ann Farrell stated that the work can be incorporated in the specifications for the Household Hazardous Waste Collection Facility Improvements Project by addendum. Book 59 – Page 133 Board Minutes of November 19, 2009 President Nejedly suggested that the bidders who made the errors may benefit from some assistance from staff in understanding the bidding process to help them with future bids. It was moved by Member Menesini and seconded by Member Hockett to reject all bids submitted for the construction of the District Vehicle Shop Improvements, District Project 8218, and to incorporate the work into the Household Hazardous Waste Collection Facility (HHWCF) Improvements, District Project 8216. Motion passed by unanimous vote of the Board. 6. REPORTS a. GENERAL MANAGER 1) California Water Reform Legislation - CCWD General Manager James Kelly stated that Greg Gartrell, Assistant General Manager of Water Resources for the Contra Costa Water District is here to give a presentation on the California Water Reform Legislation. Once his presentation is concluded, Environmental Affairs Officer Douglas Wallace from the East Bay Municipal Utility District will give a presentation from their perspective. Mr. Gartrell stated that the five water bills enacted do not fix the Delta, but provide a framework for restoration to ensure sustainability. They also establish a state policy to improve Delta water quality, ecosystems, supply reliability and flood control. The bills do not authorize a Peripheral Canal. Conservation is targeted at 20 percent by 2020 for urban areas, and groundwater monitoring will be required for the first time. Agencies that have good conservation programs (such as Contra Costa Water District and East Bay Municipal Utility District) will receive credit for what they have already done. $550 million will be spent on Delta levee upgrades from existing bond funds. He described the provisions of SBX7-1 (Simitian) in detail. SBX7-2 (Cogdill) proposes a $11.14 billion bond to be spent on drought relief, Delta sustainability, implementation of Integrated Regional Water Management Plans and recycling and groundwater cleanup. It also funds new water storage for public purposes and protects water rights. He stated that early research shows that voters do not want to pass another large bond bill. SBX7-6 (Steinberg) requires the state to track groundwater storage and use for the first time. It provides local control, and allows the state to inventory groundwater resources. SBX7-7 (Steinberg) sets the 20 percent target for the reduction of urban water use by 2020. The bill is fair to agencies that currently conserve water, and also to industry. Book 59 – Page 134 Board Minutes of November 19, 2009 SBX7-8 (Steinberg) provides $550 million from existing bonds for Delta levee repair and restoration. It is hoped that the funding will stimulate the economy and provide jobs. It requires water diversion reporting and penalties for failure to do so and for illegal diversions. It also establishes the State Water Resources Control Board’s authority and allows fees to support enforcement. He stated that the five bills cover Delta governance, conservation, groundwater monitoring, surface water reporting, Delta levee restoration and a new bond. They are not perfect, but the Delta is better protected and the hurdles for a Peripheral Canal are higher than before. He stated that no general user fees are imposed on water utilities yet, but it seems possible they will be in the future. If the bond issuance does not pass, there may be even more pressure for user fees. Even if the bond measure fails, the other four bills still stand. Mr. Kelly asked Mr. Gartrell what CCWD’s position is on the bills. Mr. Gartrell responded that CCWD was supporting the bills in the end, although they had opposed them initially. Board Members and Mr. Gartrell discussed the impact of the bills and issues surrounding a Peripheral Canal, for which there was no support. Mr. Gartrell affirmed that everyone will need to use less water, including agriculture. He stated that CCWD will be coming out with a report in a few weeks. Member Lucey thanked him for coming, acknowledging that the matter is extremely complex. He agreed that the agricultural industry also needs to cut back on water usage, not just urban users. 2) California Water Reform Legislation – EBMUD Environmental Affairs Officer Douglas Wallace from the East Bay Municipal Utility District (EBMUD) stated that Northern California water rights are unprotected. The Delta legislation was crafted by a select group of interests, and the primary goal was to meet exporters’ needs while restoring the Delta. Achieving fairness toward Northern California water users was not a priority. He stated that beneficiaries of the peripheral canal should have been responsible for mitigating their impacts on the Delta. Determination of increased inflows to restore the Delta should have been based on State Water Regional Control Board proceedings to allocate responsibility among all. Book 59 – Page 135 Board Minutes of November 19, 2009 The proposed bond measure of $11+ billion only covers a fraction of the total costs, and voter approval is at best uncertain. New fees on water users are likely to be based on the “beneficiary pays” principle. He stated that EBMUD has not taken a position on the bond, but does expect a fee system to be established, even if the bond measures passes. The price tag for the whole package could be $50 billion or more. He stated that there has been significant progress made, such as groundwater monitoring, but there is still more to do. EBMUD opposed the bills. 3) Municipal Regional Permit Update General Manager James Kelly stated that, at a recent Board meeting, staff was requested to provide a summary of the recently-adopted Municipal Regional Permit (MRP) to protect stormwater quality. He commended Environmental Service Compliance Superintendent Tim Potter for his role in helping to protect the District’s interests. Environmental Compliance Superintendent Tim Potter provided a brief outline of the Municipal Regional Permit elements that could affect the District's operations and the actions to minimize the potential adverse consequences as this new permit is implemented. The MRP is a National Pollutant Discharge Elimination System (NPDES) permit issued to most stormwater management agencies in the Bay Area, the goal of which is to establish consistent standards to protect stormwater quality. He stated that the MRP is of concern to wastewater agencies because stormwater control strategies in the MRP include diversions to the sanitary sewer system, which in turn may cause additional regulatory oversight for sanitary sewer overflows. He described examples of major and minor diversions to the sanitary sewer system. He stated that, generally, the Regional Water Quality Control Board has responded favorably to District and Bay Area Clean Water Agencies (BACWA) comments on the MRP. Some appeals are expected to be filed. Staff will work with the County and central County cities to manage the potential impacts of MRP implementation on District operations. The District will also participate on the BACWA White Paper to ensure major stormwater diversions do not adversely affect the District. 4) Landfill Gas Update General Manager James Kelly stated that, at a recent Budget and Finance Committee meeting, an update was requested on landfill gas usage. Book 59 – Page 136 Board Minutes of November 19, 2009 Plant Operations Division Manager Randy Grieb provided an update, reporting that between January and October, 2009 the plant has used 365 decatherms per day of landfill gas. Availability has improved since Bulldog Gas and Power implemented gas well improvements in 2008. Gas quality has ranged from 475 to 560 Btu/cf. The average monthly cost for January-October 2009 is $50,000. The cost of the gas has been at the price ceiling since the beginning of 2009, at $4.60 per decatherm. The discount has ranged from 35 percent to 53 percent of the purchased natural gas price. At current use, total 2009 landfill gas cost will be approximately $600,000, with $650,000 budgeted. In summary, the landfill gas has been reliable, but limited in quantity to a maximum of 600 decatherms per day. The improvements made to the gas wells were intended to stabilize the current capacity, not increase it. The quality has improved and the discount has been greater than 45 percent. 5) General Manager James Kelly announced that the District has been notified by Trenchless Technology that the A-Line Relief Interceptor, Phase 2A Project, has been recognized as the Trenchless Technology – 2009 New Installation Runner-Up Project of the Year. The Trenchless Technology Award is a nationwide competition of all new installation projects that were completed in 2009 using trenchless technology. An article on the District’s project will be printed in the October issue of Trenchless Technology magazine. 6) General Manager James Kelly announced that the survey monument restoration blanket contract work will rebuild survey monuments that are damaged or destroyed during construction. State of California Business Code requires that survey monuments that are damaged during construction be properly restored under the supervision of a licensed surveyor. This project will be advertised on November 20 and 25, 2009. Bids will be opened on December 9, 2009. The cost is estimated at $80,000 for a three-year period. More information will be presented when the Board is asked to approve the contract on January 7, 2010. 7) General Manager James Kelly announced that the District utilizes potholing to expose underground utilities along the proposed sewer alignments at points of potential conflicts. The results are used to evaluate alternatives during design and to minimize change orders during construction. This project will be advertised on November 20 and 25, 2009. Bids will be opened on December 10, 2009. The cost is estimated at $150,000 for a Book 59 – Page 137 Board Minutes of November 19, 2009 three-year period. More information will be presented when the Board is asked to approve the contract on January 7, 2010. 8) General Manager James Kelly announced that on November 3, 2009, the District received a letter from the Contra Costa Water District (CCWD) acknowledging their receipt of the District’s March 19, 2009 notice to terminate the General Recycled Water Agreement. The termination became effective November 2, 2009. The letter states that "With CCCSD's termination of the General Agreement, development of future recycled water projects within the CCWD service area will need to start with resolving the purveyorship and other issues that were resolved in the General Agreement." As the Board will recall, the decision to terminate the General Agreement was not made lightly and because the District did not believe Agreement framework was conducive to developing large scale recycled water projects, as demonstrated by the limited recycled water program development that occurred over the 15-year length of the agreement. Staff will be scheduling a meeting with the Board Recycled Water Committee in early December to discuss a response to the CCWD letter and the next steps with respect to developing large scale recycled water projects. 9) General Manager James Kelly announced that, in early November, while replacing a sewer line in Lafayette Circle, Lafayette, a District contractor unearthed a prehistoric mortar. Archeologist Rick Thompson stated that it was used by the Bay Miwok Tribe between 200 and 1000 years ago. Due to its small size, Mr. Thompson speculates that it was used to grind minerals for face and body paint. The City of Lafayette is the rightful owner since the artifact was found in a public street. The City recommended that the mortar be given to the Lafayette Historical Society. The Historical Society gladly accepted the artifact and plans to add it to the Native American Exhibit in Lafayette's new public library. 10) General Manager James Kelly announced that a letter from the California Association of Sanitation Agencies summarizing the State budget has been distributed. In summary, the Legislative Analyst’s Office now projects a $20.7 billion budget problem. 11) General Manager James Kelly announced that, at its November 24, 2009 Board Meeting, the Contra Costa County Employees Retirement Association (CCCERA) will consider setting a meeting date for a Special Board Meeting to discuss final compensation and retirement benefits. Staff will inform the Board of when and where the meeting will be. 12) General Manager James Kelly announced that, on November 17, 2009, the Danville Town Council approved the Memorandum of Understanding Book 59 – Page 138 Board Minutes of November 19, 2009 with the District to conduct a pharmaceutical collection program at their police station. Their Chief of Police is working with the Drug Enforcement Agency to obtain their approval. Collection in Danville is expected to begin by mid-December. The collection sites in Clayton and Martinez began service earlier this week, with Moraga and Orinda beginning collection on November 23, 2009. Pleasant Hill and San Ramon are expected to begin collection before the holidays. Concord and Lafayette declined having collection sites in their cities because of budget constraints. b. COUNSEL FOR THE DISTRICT No reports. 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 her attendance at the November 5, 2009 Contra Costa Mayors’ Conference meeting . Member Lucey Member Lucey reported on the November 16, 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 meetings for which he received the stipend or for which the District paid his expenses. Member Menesini Member Menesini and President Nejedly reported on the November 16, 2009 Household Hazardous Waste Committee meeting and summarized the Action Summary. The Board received the report without comments. Book 59 – Page 139 Board Minutes of November 19, 2009 President Nejedly President Nejedly and Member Hockett reported on the November 10, 2009 Real Estate Committee meeting and summarized the Action Summary. The Board concurred with the recommendations contained in the Action Summary. 2) Announcements Member Menesini reported on the recent Environmental Alliance meeting regarding cartography. 7. ADMINISTRATIVE a. CONSIDER EXTENSION OF CONTRACT FOR LEGAL SERVICES WITH KENTON L. ALM AND MEYERS, NAVE, RIBACK, SILVER & WILSON FOR THE PERIOD FROM OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010 District Counsel Kent Alm recused himself from this item. It was moved by Member Lucey and seconded by President Nejedly to approve the extension of the contract for legal services with Kenton L. Alm and Meyers, Nave, Riback, Silver & Wilson for the period from October 1, 2009 through September 30, 2010. Motion passed by unanimous vote of the Board. 8. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER TO AMEND AN EXISTING PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $195,000, TO INCREASE THE COST CEILING FROM $40,000 TO $235,000, WITH URS FOR THE ALTERNATIVE ENERGY AND GREENHOUSE GAS REDUCTION PLAN, DISTRICT PROJECT 7256 General Manager James Kelly stated that, after a thorough selection process, staff has chosen URS to assist the District in complying with the greenhouse gas (GHG) reduction requirements of AB 32. Assistant Engineer Melody LaBella provided an update on AB 32 and stated that staff recommends amending an existing agreement with URS for the District's Alternative Energy and Greenhouse Gas Reduction Plan Project. She gave background information on AB 32, stating that it was signed into law in September 2006 and requires a 30 percent statewide reduction in greenhouse gas by 2020 and an 80 percent reduction statewide by 2050. She stated that CCCSD falls into a “Capped Sector” and is required to submit greenhouse gas emission inventories beginning with 2008. She listed the inventory reported to the California Air Resources Book 59 – Page 140 Board Minutes of November 19, 2009 Board (CARB) for 2008. Options for compliance with AB 32 include incorporating energy efficient measures into operations and modifying the energy portfolio. In 2007 staff initiated an Alternative Energy/GHG Reduction Plan Project to assist with alternative analysis and develop a tool for evaluating scenarios to deal with future increases in energy demands and the need to reduce greenhouse gas emissions. Consultant assistance is necessary, and after a formal process, which complied with District purchasing procedures, URS was selected. The first phase scope of work was to develop a GHG model of the treatment plant and refine the scope for the remaining work. The second phase includes a recommended power portfolio for complying with AB 32 and an Alternative Energy Study. She stated that staff recommends authorizing the General Manager to execute an amendment to and existing agreement with URS in the amount of $195,000, to increase the cost ceiling from $40,000 to $235,000 for the Alternative Energy and Greenhouse Gas Reduction Plan, DP 7256. It was moved by Member Menesini and seconded by Member McGill to authorize the General Manager to amend an existing professional services agreement in the amount of $195,000, to increase the cost ceiling from $40,000 to $235,000, with URS for the Alternative Energy and Greenhouse Gas Reduction Plan, District Project 7256. Member Lucey stated that he does not like with the process whereby staff approves an initial contract within staff authority, then returns to the Board to increase the contract amount. He stated that this puts the Board in an untenable situation of being asked to continue funding a contract they did not initially approve. He stated that he would not support the motion. Motion passed by the following vote of the Board: AYES: Members: Hockett, McGill, Menesini, Nejedly NOES: Members: Lucey ABSTAIN: Members: None 9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 10. SUGGESTIONS FOR FUTURE AGENDA ITEMS None. 11. CLOSED SESSION The Board recessed at 3:50 p.m. to reconvene in the Caucus Room in closed session regarding Item a. below. The Board determined there was no need for Item b. Book 59 – Page 141 Board Minutes of November 19, 2009 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 Employee Organizations: Employees' Association, Public Employees' Union, Local One; CCCSD Management Support/Confidential Group (MS/CG); CCCSD Management Group. b. Personnel Matters Pursuant to Government Code Section 54957 -Performance Evaluation for District Counsel. The Board recessed at 4:01 p.m. to reconvene in open session in the Board Room. 12. REPORT OUT OF CLOSED SESSION There were no reports. 13. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at 4:02 p.m. in recognition of the District's new mascot, "The Contented ' Cow" Trevor Lucey. G- J es A. Nejedly resident of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COt ~NTERSIGNED: -, , <<- . ', ~ ' Elaine~rR. BoeFime ~~,~•~,, _Secretary oj~the Central Contra Costa ~„Sanitary,,Dsfrict, County of Contra Costa, ~~ State~of_Galifornia 1 Book 59 -Page 142