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HomeMy WebLinkAboutBOARD MINUTES 07-01-10 MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 1, 2010 The Board of Directors of the Central Contra Costa Sanitary District convened in a regular meeting at their regular place of business, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on Thursday, July 1, 2010. President McGill called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Hockett, Lucey, Menesini, Nejedly, McGill ABSENT: Members: None a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance. b. INTRODUCTIONS Board Members welcomed newly-hired Plant Operator I, Robert Kin. 2. PUBLIC COMMENTS Local One President David Rolley objected to a comment made by Member Lucey regarding employees at a recent Human Resources Committee meeting. Hope Bohonec, In Defense of Animals, addressed the Board regarding a recent article by Gary Bogue in the Contra Costa Times regarding the intention of the District to reduce its ground squirrel population by using poisoned bait. She asked the Board to consider more humane methods of reducing the squirrel population, and stated that use of poison also kills creatures that prey on the squirrels. She offered her organization’s assistance. The Board asked the General Manager to work with Ms. Bohonec. 3. CONSENT CALENDAR It was moved by Member Menesini and seconded by Member Hockett to adopt the Consent Calendar as recommended. Motion passed by unanimous vote of the Board. a. Approve expenditures dated July 1, 2010. Reviewed by Budget and Finance Committee. b. Receive May 2010 Financial Statements. Reviewed by Budget and Finance Committee. Book 60 – Page 86 Board Minutes of July 1, 2010 c. Approve minutes of June 3, 2010 Board meeting. d. Adopt Resolution 2010-042 accepting an offer of dedication from The Hamlin Properties for an easement in the city of Lafayette, shown on the map of Minor Subdivision MS 504-96, Job 5325, Parcel 2, and authorize staff to record documents with the Contra Costa County Recorder. e. Adopt Resolution 2010-043 accepting an offer of dedication from Shapell Industries, Inc. for an easement in the city of San Ramon, shown on the map of Subdivision 8254, Jobs 5337 and 5373, Parcel 1, and authorize staff to record documents with the Contra Costa County Recorder. f. Adopt Resolution 2010-044 accepting an offer of dedication from Windemere BLC Land Company, LLC for an easement in the city of San Ramon, shown on the map of Subdivision 8509, Job 5744, Parcel 2, and authorize staff to record documents with the Contra Costa County Recorder. g. Adopt Resolution 2010-045 accepting an offer of dedication from James Russell Grinstead for an easement in the city of Walnut Creek, shown on the map of Minor Subdivision MS 808-05, Job 5895, Parcel 3, and authorize staff to record documents with the Contra Costa County Recorder. h. Set August 5, 2010 at 2:00 p.m. as the date and time for a public hearing to consider a proposed ordinance amending the District Code Section 9.08.010, adopting the Central Contra Costa Sanitary District Standard Specifications for Design and Construction, 2010 Edition. i. Authorize medical leave of absence without pay for Senior Plant Operator Gordon Trapp through September 30, 2010. j. Deny request for extended medical leave of absence without pay for Erika Liskamm, Engineering Assistant II. Denial recommended by Human Resources Committee. 4. PUBLIC HEARINGS a. PUBLIC HEARING TO CONSIDER APPROVAL OF AN AGREEMENT WITH RICK AND CARINA DEHERRERA TO COLLECT INSTALLMENT PAYMENTS OF DELINQUENT CONNECTION FEES AND OTHER CHARGES FOR THE PROPERTY AT 1615 LAWRENCE ROAD, DANVILLE (APN 206-170-009), OVER TWO YEARS BY PLACEMENT ON THE 2010-11 AND 2011-12 CONTRA COSTA COUNTY TAX ROLL, AND ADOPTION OF A RESOLUTION AUTHORIZING COLLECTION OF THE FEES ON THE CONTRA COSTA COUNTY TAX ROLL Continued from June 17, 2010. Book 60 – Page 87 Board Minutes of July 1, 2010 General Manager James Kelly stated that staff recommends that the Board continue the public hearing to consider the means of collection of delinquent charges for the DeHerrera property at 1615 Lawrence Road, Danville to the August 5th meeting to allow additional time to conclude discussions with the DeHerreras and their counsel regarding placement of the unpaid charges on the tax roll over two years. It was moved by Member Hockett and seconded by Member Nejedly to continue the public hearing to August 5, 2010 at 2:00 p.m. in the Board Room. Motion passed by unanimous vote of the Board. b. PUBLIC HEARING TO CONSIDER ADOPTING AN UNCODIFIED ORDINANCE AMENDING THE SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT- RELATED RATES AND CHARGES, ESTABLISHED BY ORDINANCE 259, TO INCLUDE FEES FOR PARTICIPATION IN THE CONNECTION FEE DEFERRAL PILOT PROGRAM IN ACCORDANCE WITH DISTRICT CODE CHAPTER 6.30 General Manager James Kelly stated that, at the June 3rd meeting, the Board extended the Connection Fee Deferral Program to June 30, 2011 and set a public hearing for today's agenda to consider an ordinance to establish participation fees for the program. Principal Engineer Jarred Miyamoto-Mills presented a report outlining staff's recommendation for these fees. He described the breakdown of the $450 Agreement Processing Fee and the $110 Parcel Fee. The public hearing was opened and closed without comments. It was moved by Member Menesini and seconded by Member Nejedly to adopt Uncodified Ordinance 260 amending the Schedule of Environmental and Development- Related Rates and Charges established by Ordinance 259, to include fees for participation in the Connection Fee Deferral Pilot Program in accordance with District Code Chapter 6.30. Motion passed by unanimous vote of the Board. 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 6. REPORTS a. GENERAL MANAGER 1) Review and provide direction for Board response to the 2010 Contra Costa County Grand Jury Report General Manager James Kelly stated that the Grand Jury has requested responses from the District regarding their findings and recommendations Book 60 – Page 88 Board Minutes of July 1, 2010 relating to retirement spiking. Specifically, they have requested a response from the Board President, Michael McGill. The Human Resources Committee reviewed staff’s proposed draft response and added information to the Grand Jury’s Recommendation number 2, highlighted in red. Staff is seeking the Board’s input regarding the responses and information provided to the Grand Jury. In addition, a listing of the District’s pay codes that was directed to District staff from the Contra Costa County Employees’ Association (CCCERA) is also attached to the draft response. This is done to report to the Grand Jury that an extensive review was performed by CCCERA staff as part of the implementation of the Ventura settlement. The Grand Jury directed the Board to review the pay codes. They either need to be reviewed by the Board on July 15th to be reported as done in the District’s response, or they need to be reviewed by September. Staff recommends the Board review the list of the District’s pay codes on July 15th prior to submitting this response to the Grand Jury. The Board accepted the proposed response as submitted, except for the response to Recommendation number 3. They directed staff to come back to the Board on July 15 to review the pay codes to complete the response to the Grand Jury, which will be sent after the July 15 Board meeting to meet the July 17 deadline. 2) General Manager James Kelly announced that the Purchasing and Materials Services Division has requested and will receive sealed proposals on June 24, 2010 for professional landscape maintenance services. Proposals will be reviewed and scored based on professional qualifications, experience, cost and ability to meet the District’s standards and requirements. More information will be presented when a selection is made. 3) General Manager James Kelly announced that the Purchasing and Materials Services Division has requested quotations for asphalt paving, patching and repairs as needed. Award will be made to the lowest responsive and responsible contractor who meets the requirements and criteria set forth in the Request for Quotations. More information will be presented when a selection is made. 4) General Manager James Kelly announced that the Purchasing and Materials Services Division will be requesting quotations for the rental, laundering and delivery of uniforms, linens and mats for the District. Award will be made to the lowest responsive and responsible vendor who meets the requirements and criteria set forth in the Request for Quotations. More information will be presented when a selection is made. Book 60 – Page 89 Board Minutes of July 1, 2010 5) General Manager James Kelly announced that Assistant Engineer Melody LaBella will be attending the Product Stewardship Institute’s Annual Forum in Boston, Massachusetts on July 21 and 22, 2010. Ms. LaBella will be attending this Forum to participate in the national dialogue on product stewardship efforts for products like batteries, fluorescent lamps, paint and pharmaceuticals and to share in lessons learned on how the disposal costs for these products can successfully be shifted away from local governments and to the product chain. The majority of Ms. LaBella’s trip expenses will be covered by the Bay Area Clean Water Agencies (BACWA), as she has been recommended to represent BACWA (in addition to CCCSD) at this Forum. A small portion of Ms. LaBella’s trip expenses will be covered under the Environmental Services Division Technical Training and Conferences Operations and Maintenance Budget. 6) General Manager James Kelly announced that the Martinez Sewer Renovations, Phase 3, District Project 5952 is part of the ongoing Collection System Renovation Program. The Phase 3 project will install approximately 5,300 feet of six and eight-inch sewer pipe within public right-of-way and newly obtained easements by using horizontal directional drilling, pipeburst and open cut methods. Included in this work is installation of a new easement line off Green Street. In addition, staff will enter into a Joint Powers Agreement with the City of Martinez to install a twelve-inch storm drain and complete street pavement overlay. The value of the City’s work is less than $50,000 and is within staff authority. This project will be advertised on July 2 and 7, 2010. Bids will be opened on July 20, 2010. The construction cost is currently estimated at $1,100,000. More information will be presented when the Board is asked to approve the construction contract on August 5, 2010. 7) General Manager James Kelly announced that the Diablo Sewer Renovations, Phase 1, District Project 5953 is part of the ongoing Collection System Renovation Program. Multiple phases of sewer renovations are planned for Diablo. The project will replace approximately 5,900 linear feet of six-, eight- and ten-inch sewer lines and abandon approximately 4,400 linear feet of six- and eight-inch sewer lines and reroute laterals within public right-of-way and easements in Diablo and Danville. Open-cut, pipeburst, cured-in-place pipe and horizontal drilling methods will be used. This project will be advertised on July 2 and 8, 2010. Bids will be opened on July 20, 2010. The construction cost is currently estimated at $1,500,000. More information will be presented when the Board is asked to approve the construction contract on August 5, 2010. Book 60 – Page 90 Board Minutes of July 1, 2010 8) General Manager James Kelly announced that at the June 17th Board meeting, staff asked the Board to authorize the award of a construction contract in the amount of $1,856,203 for the construction of the Wet Weather Bypass Improvement Project, District Project 7241, to Siteworks Construction, Inc., the lowest responsive bidder, subject to receipt of the acceptable and appropriate permit from the Sacramento District of the U.S. Army Corps of Engineers, by 5:00 p.m. on July 8, 2010. On June 22, the District received a copy of a letter from the U.S. Army Corps of Engineers to the Contra Costa County Flood Control District stating their approval of the Wet Weather Bypass Improvements Project. The terms and conditions stated in the letter from the Army Corps are acceptable. The formal permit will be issued shortly by the Contra Costa County Flood Control District. Staff has begun preparation of the contract documents with Siteworks Construction, Inc. 9) General Manager James Kelly announced that staff entered into a professional services contract in the amount of $3,000 with retired District Pollution Prevention Program Administrator Bart Brandenburg in June 2010. Bart Brandenburg retired from the District in March 2001. While at the District, Bart was instrumental in developing the Integrated Pest Management Program. Since his retirement, Bart has formed his own business consulting on pollution prevention matters. Due to his specialized expertise in integrated pest management and his familiarity with the District’s operation, staff wishes to utilize Bart to assist the Green Team in drafting an Integrated Pest Management (IPM) Policy for the District. The intent of this policy will be to reduce the use of pesticides and herbicides within the District’s operations. Staff plans to bring the draft IPM Policy to the Board for approval in September 2010. 10) General Manager James Kelly announced that at the December 17, 2009 Board meeting, the Board awarded a non-destructive potholing contract to Cleary Brothers Landscaping. Staff was asked to provide an update on Cleary Brothers performance in July 2010. Cleary Brothers has performed well on the Diablo Renovations, Phase 1 project and the Martinez Renovations, Phase 3 project. Their production rate is about average, while their hourly cost is lower than previous potholing contracts’. They do a very good job with onsite cleanliness and traffic control, and the Engineering Department is pleased with their work. Additional information is provided in a memorandum included in the Board package. 11) General Manager James Kelly announced that, pursuant to a recent public hearing process, the Town of Moraga will levy increased assessments for Moraga Street Lighting Assessment District No. 1979-1. Each property in Book 60 – Page 91 Board Minutes of July 1, 2010 Moraga is assessed for the operation and maintenance of street lighting. The property upon which the Moraga Pumping Station is located was formerly exempt but is now subject to this assessment. The assessment will be $29 per year. 12) General Manager James Kelly announced that the District will be bringing in an organization to wash the District’s vehicles that are parked in the main lot on the plant. This is scheduled to begin on July 8th. The organization is Contra Costa ARC – Commercial Support Services (CSS). The vehicles will be washed onsite in the plant parking lot on Tuesdays and Thursdays. CSS provides vehicle washing services for other public agencies as well, such as Contra Costa County, CHP and the City of Antioch. Contra Costa ARC is a nonprofit, community-based membership organization which exists to enhance and enrich the lives of children and adults with developmental disabilities. They provide direct services and advocacy to assist those they serve in achieving their highest level of personal independence and self-sufficiency. Contra Costa ARC is known for providing high quality, cost-effective services, and they are a respected leader in the field. They serve over 1,000 children and adults in Contra Costa County every day, they are the largest employer of people with developmental disabilities in the County, and they are one of the largest providers of services to people with developmental disabilities in California. 13) General Manager James Kelly announced that portable standby engine- generators are a critical component of the Standby Power Facility Improvement Project. Replacement of the existing standby engines cannot occur until staff has verified the portables are a reliable back-up power system which can be available while the existing standby engine- generators are removed and replaced with the new engine-generators. On Saturday May 19, 2010, while testing the portable standby engine- generators on full plant load, faulty relay wiring caused the entire plant to lose power. Since the cogeneration unit was off-line to enable the test by not requiring complex paralleling control logic, staff restored power via Pacific Gas and Electric (PG&E). Additional operations staff was on hand in case of potential problems; therefore, the plant was without power for only approximately three minutes, and major processes were back on-line within one hour. No violations of our Title V or National Pollutant Discharge Elimination System (NPDES) permits occurred. After correcting the relay issue, staff successfully retested the portables on Wednesday, June 23 and can now proceed to replace the existing standby engine-generators with the new units. Book 60 – Page 92 Board Minutes of July 1, 2010 14) General Manager James Kelly stated that the District hosted a public workshop on Thursday, June 24 from 7:00 to 8:00 pm. at the Diablo Country Club regarding the Diablo Sewer Renovations, Phase 1. There were approximately fifteen attendees, and the topics discussed were expected construction impacts, paving and property restoration and lateral reconnection. 15) General Manager James Kelly announced that two environmental documents related to District annexations will be released this month for public comment. The Draft Environmental Impact Report (EIR) for annexation of nine properties in the Alhambra Valley that are outside the Urban Limit Line will be released by July 12. A draft negative declaration for the proposed annexation of properties in the El Toyonal area of Orinda (District Annexation No. 175) will be released in late July for public comment. Both documents could potentially generate significant comments by the public and/or public agencies. Public hearings for both documents before the Board are tentatively scheduled for September 16, 2010. 16) General Manager James Kelly announced that an item in Contra Costa Times’ Gary Bogue’s “Pet and Animal” column in today’s edition (July 1, 2010) noted that the District will begin a feeding program to reduce the number of ground squirrels on treatment plant property. The article did not mention that the District has been mandated by the Department of Water Resources/Dam Safety Division to reduce the existing squirrel population near the clearwell which stores the District’s recycled water. The burrowing squirrels have damaged clearwell walls, and further damage could result in loss of recycled water and, ultimately, failure of the clearwell. District staff is researching options for a feeding program. If those options cannot reduce the squirrel population enough to protect the District’s recycled water system, the District may need to resort to a feeding program for the needed results. Member Nejedly commented that it was disappointing that staff took their concern directly to the press rather than discussing it with District management or the Board first to see if the matter could be resolved. b. COUNSEL FOR THE DISTRICT No reports. Book 60 – Page 93 Board Minutes of July 1, 2010 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 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 Lucey Member Lucey and President McGill (Alternate) reported on the June 22, 2010 Human Resources Committee meeting and summarized the Action Summary. The Board accepted the report without comments. Member Nejedly Members Nejedly and Hockett reported on the June 28, 2010 Budget and Finance Committee meeting and summarized the Action Summary. The Board accepted the report without comments. 2) Announcements President McGill provided a written report covering Announcements and upcoming meetings. Member Lucey announced that he will not be running for re-election in the upcoming Board election. 7. ENGINEERING a. ADOPT A RESOLUTION ACCEPTING AN AMENDMENT TO A GRANT OF EASEMENT FROM CONTRA COSTA COUNTY REDEVELOPMENT AGENCY, OWNER OF PARCELS OF LAND LOCATED IN THE CITY OF PLEASANT HILL WITHIN THE IRON HORSE CORRIDOR (DISTRICT PROJECT 1541, PARCELS 9A, 11 THROUGH 14) AND AUTHORIZE STAFF TO RECORD DOCUMENTS WITH THE CONTRA COSTA COUNTY RECORDER General Manager James Kelly stated that in 1985, when Southern Pacific Railroad ceased operations and wanted to sell their surplus right-of-way, the District partnered with the County by purchasing sewer easements. This funding significantly helped facilitate Contra Costa County's acquisition of the land, now known as the Iron Horse Corridor (IHC). Book 60 – Page 94 Board Minutes of July 1, 2010 The accelerated purchase schedule prevented staff from identifying the exact locations of existing and future sewers. The original easements allow for future adjustments of the sewer locations once the design and survey work has been completed. Staff is recommending that the Board accept the easement amendments for the parcels around the new pedestrian bridge over Treat Boulevard in Walnut Creek, which is currently under construction. As subsequent IHC easement amendment documents are prepared, staff will continue to bring these documents to the Board for acceptance. Associate Engineer Stephanie Gronlund presented information regarding the easements, stating that the County purchased 26 miles of Southern Pacific right-of-way in 1985. The District purchased 19 miles of easements from the County and the County Redevelopment Agency for existing and future sewers in the Iron Horse Corridor. Ms. Gronlund recommended that the Board adopt the resolution accepting the easement amendments. It was moved by Member Hockett and seconded by Member Menesini to adopt Resolution 2010-046 accepting the amendment to the grant of easement. Motion passed by unanimous vote of the Board. 8. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 9. SUGGESTIONS FOR FUTURE AGENDA ITEMS None. 10. CLOSED SESSION The Board recessed at 2:37 p.m. to reconvene in the Caucus Room in closed session regarding: a. Conference with Legal Counsel - existing litigation pursuant to Government Code Section 54956.9(a): Matthew Parkinen v. Central Contra Costa Sanitary District, Contra Costa County Superior Court Case No. C09-01511. The Board recessed at 3:13 p.m. to reconvene in the Board Room in open session. 11. REPORT OUT OF CLOSED SESSION No reports. Book 60 – Page 95 Board Minutes of July 1, 2010 12. ADJOURNMENT ' There being no further business to come before the Board, President McGill adjourned the meeting at 3:16 p.m. '~ l/- Michael R. ~ ill President o the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: ,~ (`' <<~^ '=~' `,EBaiie R: Boehme ~~ - '_~ Seeretary-af the Central Contra Costa "_ ` ~ Sariitary_District, County of Contra Costa .~~ State of California Book 60 -Page 96