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HomeMy WebLinkAbout03.a.1) Approve minutes of meeting held June 21, 2012MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JUNE 21, 2012 3.a.) The Board of Directors of the Central Contra Costa Sanitary District convened in a regular meeting in the Board Room, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on Thursday, June 21, 2012. President Pro Tern Williams called the meeting to order and requested that the Secretary call roll. ROLL CALL PRESENT: Members: Hockett, McGill, Williams ABSENT: Members: Menesini, Nejedly a. PLEDGE OF ALLEGIANCE TO THE FLAG The Board and staff joined in the Pledge of Allegiance. 2. PUBLIC COMMENTS There were no public comments. 3. CONSENT CALENDAR It was moved by President Pro Tern Williams and seconded by Member Hockett to adopt the Consent Calendar as recommended. Motion passed by unanimous vote of the Board. a. Approve minutes of Board meetings held on the following dates: 1) May 17, 2012; and 2) May 24, 2012. b. Approve expenditures dated June 21, 2012. Reviewed by Budget and Finance Committee. C. Set July 19, 2012 at 2:00 p.m. as the date and time for a public hearing to consider placing delinquent charges on the Fiscal Year 2012 -13 Contra Costa County property tax roll for collection. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of June 21, 2012 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item 8.a. was considered out of order to accommodate members of the public who were present. 5. PUBLIC HEARINGS a. CONSIDER ADOPTING RESOLUTIONS 2012 -045 AND 2012 -046 AND UNCODIFIED ORDINANCE NO. 273 CONFIRMING AND LEVYING FINAL ASSESSMENTS, DIRECTING THAT THE ASSESSMENTS BE PLACED ON THE COUNTY PROPERTY TAX ROLL, AND ESTABLISHING REIMBURSEMENT FEES RESPECTIVELY, FOR THE VISTA DEL ORINDA CONTRACTUAL ASSESSMENT DISTRICT (CAD) NO. 2010 -2 IN ORINDA, DISTRICT PROJECT 6499 In light of the absence of President Nejedly and Member Menesini, and the need for four affirmative votes, President Pro Tem Williams said it was the recommendation of staff that this matter be continued. It was moved by Member Hockett and seconded by Member McGill to continue the public hearing on this matter to the next regularly scheduled meeting on July 5, 2012 at 2:00 p.m. Motion passed by the following vote of the Board: AYES: Members: Hockett, McGill, Williams NOES: Members: None ABSENT: Members: Menesini, Nejedly b. CONSIDER ADOPTING RESOLUTION OF APPLICATION 2012 -047 APPROVING A NEGATIVE DECLARATION, THE PROPOSED ANNEXATION AND THE APPLICATION TO CONTRA COSTA LOCAL AGENCY FORMATION COMMISSION (LAFCO) INITIATING ANNEXATION PROCEEDINGS FOR DISTRICT ANNEXATION 183 — ORINDA, PLEASANT HILL AND WALNUT CREEK Engineering Assistant III Russ Leavitt presented a map showing the 7 areas in Orinda, Pleasant Hill and Walnut Creek that encompass the 23 lots proposed for annexation. He said this proposed annexation was not exempt from the California Environmental Quality Act (CEQA) because it included several properties that could be developed with multiple residential units. For this reason, staff grouped together these particular properties to consolidate the required environmental review. After conducting an initial study of the proposed project, staff concluded that a Negative Declaration was the appropriate document to address its environmental effects. Four comment letters were received during the public review period for the Negative Declaration, none of which changed its conclusions. He recommended that the Board conduct the public hearing on the Negative Declaration and approve the Negative Declaration and annexation, and adopt a Resolution of Application to Contra Costa Local Agency Formation Commission (LAFCO). K CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of June 21, 2012 Member McGill stated that the District received an award last year from LAFCO for its boundary cleanup efforts as a result of LAFCO's municipal service review that had occurred roughly four years ago. As part of that review, the District, along with other districts, were challenged, advised, and directed to straighten out boundaries where possible. He asked if the properties proposed in this annexation were part of that effort. Mr. Leavitt acknowledged that, for the most part, they were. It was noted that two other annexation projects are currently in process, which should conclude the District's boundary clean -up program. Member McGill complimented staff members on their efforts in this regard. The public hearing was opened and closed without comment. It was moved by Member Hockett and seconded by Member McGill to adopt Resolution of Application 2012 -047 approving a Negative Declaration, the proposed annexation, and the application to Contra Costa LAFCO initiating annexation proceedings for District Annexation 183 — Orinda, Pleasant Hill, and Walnut Creek (DA 183). Motion passed by the following vote of the Board: AYES: Members: Hockett, McGill, Williams NOES: Members: None ABSENT: Members: Menesini, Nejedly 6. BIDS AND AWARDS a. CONSIDER GRANTING REQUEST FOR BID RELIEF BY K.J. WOODS CONSTRUCTION, INC.; AWARD CONSTRUCTION CONTRACT TO RANGER PIPELINES, INC. FOR THE WALNUT CREEK SEWER RENOVATIONS PHASE 9, DISTRICT PROJECT 8401 � FIND THAT THE PROJECT IS EXEMPT FROM CEQA; AUTHORIZE THE GENERAL MANAGER TO EXECUTE THE CONTRACT DOCUMENTS SUBJECT TO SUBMITTAL REQUIREMENTS; AND APPROVE A SUPPLEMENTAL AUTHORIZATION OF $3,000,000 TO THE COLLECTION SYSTEM PROGRAM OF THE CAPITAL IMPROVEMENT BUDGET General Manager Ann Farrell said award of the construction contract for Phase 9 of the Walnut Creek Sewer Renovations was complicated because the low bidder, K. J. Woods Construction, Inc., requested relief from its bid due to a mathematical error. She noted that a representative from K.J. Woods was present at the meeting to respond to any questions upon conclusion of the staff presentation. Provisional Capital Projects Division Manager Andrew Antkowiak stated that this project, which involves replacing and renovating deteriorating and high - maintenance sewer lines through open cut and pipe bursting methods, is the mid point of a long -term program to renovate sewers in Walnut Creek. The Engineers' Estimate for this ninth phase of the project was $2 million and the five bids received ranged from $1,688,000 to $2,599,599, with K. J. Woods being the lowest bidder. On May 31, 2012, K.J. Woods requested relief from its bid and return of its bid 3 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of June 21, 2012 security due to a mathematical error while preparing the bid, which resulted in a difference of approximately $263,000. Under Section 5103 of the California Public Contract Code, a bidder may request relief of a bid within 5 business days after the bid opening in the event of a clerical or arithmetical error in preparing the bid proposal. The bidder must establish that a mistake was made, written notice was given within the 5 -day window, the mistake made the bid materially different, and the mistake was made in filling out the bid proposal (not due to error in judgment or carelessness). Mr. Antkowiak said that staff evaluated the information submitted by K. J. Woods and it appeared to have met all the requirements for bid relief. Staff recommended that the Board grant bid relief to K. J. Woods as requested and award the contract to the next lowest responsive and responsible bidder, Ranger Pipelines, Inc., in the amount of $1,969,446. After considering possible alternatives, it was moved by Member McGill and seconded by Member Hockett to adopt staff's recommendation to grant bid relief to K.J. Woods Construction, Inc.; award a construction contract to Ranger Pipelines, Inc. for construction of the Walnut Creek Sewer Renovations, Phase 9, District Project 9401; find that the project is exempt from CEQA; authorize the General Manager to execute the contract documents subject to submittal requirements; and approve a supplemental authorization of $3 million to the Collection System Program of the Capital Improvement Budget. Motion passed by the following vote of the Board: AYES: Members: Hockett, McGill, Williams NOES: Members: None ABSENT: Members: Menesini, Nejedly 7. REPORTS a. GENERAL MANAGER 1) Update on permit counter and connection fee collection matters Provisional Environmental Services Division Manager Jarred Miyamoto -Mills presented the update. He stated that field inspections, research and chain - of- authority sign -off on application -by- application worksheets is ongoing. As a result of that work, 23 sites have been identified for follow -up with local building departments and inspection by appointment. The collection process has commenced for some of the applications where fees are owed. Review of all outstanding applications is expected to be completed by the end of June. A meeting with City of Concord building officials was scheduled to take place next week, which will conclude meetings with all cities and counties within the District's jurisdiction. Thus far, all building officials have agreed to let the District sign off on future final inspections. r CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of June 21, 2012 Member McGill asked how staff is addressing the problems with data entry and software limitations that helped lead to this outstanding fees issue. Mr. Miyamoto -Mills said many of the problems appear to stem from procedural issues, which can be addressed. This particular software application, however, remains cumbersome to operate, partly because old applications remain in the system. SunGard staff will be meeting with District staff to go over the issues and make sure that staff is utilizing the software for optimum benefit going forward. Efforts are underway to develop ways to achieve month -to -month resolution of outstanding applications, as opposed to the 18 years of accumulated open applications which have been the focus these past months. 2) Announcements The following written announcements were included with the agenda packet: a) Public bidding for Treatment Plant Piping Renovations, Phase 7, District Project 7298 b) Public bidding for Non - Destructive Potholing of Underground Utilities, District Project 039457 C) Recent Staff Promotions: Jeff Skinner to Senior Environmental Compliance Inspector, Sasha Mestetsky to Senior Engineer in the Capital Projects Division, Mary Lou Esparza to Laboratory Superintendent, Nancy Parker to Engineering Assistant I, and Clint Shima to Associate Engineer in the Capital Projects Division d) Temporary hiring back of retired Finance Administrator Colette Curtis - Brown e) District receives the National Association of Clean Water Agencies (NACWA) 2011 Peak Performance Award f) Resource Management Associates (RMA) contract for Modeling Work g) Contra Costa Dental Society supports the District's Dental Amalgam Program The following additional written announcements were distributed at the meeting: h) Recent Staff Promotions: Bruce Lewis to Instrument Shop Supervisor, and Johnnie Levingston to Senior Plant Operator i) Award of Survey Monument Restoration Contract No. 039341 to Exaro Technologies Corporation 5 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of June 21, 2012 The following announcements were made by General Manager Ann Farrell at the meeting: j) Executive Summary of the Fiscal Year 2012 -13 Capital Improvement Budget and Ten -Year Plan now available k) Human Resources Committee will be asked to review contracts with District legal counsel and labor counsel, both of which are set to expire later this year b. COUNSEL FOR THE DISTRICT District Counsel Kent Alm reported that settlement has been reached with former Plant Operations Division Manager Margaret Orr in accordance with the Board's direction at the closed session held May 17, 2012. C. SECRETARY OF THE DISTRICT Secretary of the District Elaine Boehme announced that the upcoming Board Member election nomination period will commence July 16, 2012. She also announced that a special Board meeting will be held June 28, 2012 (closed session for labor negotiations). d. BOARD MEMBERS 1) Board Member reports on recent meetings for which they received the stipend: and meetings or conferences for which the District paid their expenses; future meetings or conferences for which they will receive the stipend or for which the District will pay their expenses Member Hockett Member Hockett reported on the June 14, 2012 Recycled Water Committee meeting, which was also attended by President Nejedly, and summarized the Action Summary. The Board received the report without comment. Member McGill Member McGill reported on the June 7, 2012 Contra Costa Mayors' Conference hosted by the City of Hercules. Member McGill reported on the June 19, 2012 Budget and Finance Committee meeting, which was also attended by President Nejedly, and summarized the Action Summary. He said the Committee wants to make sure appropriate overview of District contracts is conducted. General Manager Ann Farrell stated that staff will be conducting an internal audit of D CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of June 21, 2012 District contracting procedures and report back to the Committee. The Board received the report. 2) Member McGill, District liaison to the California Special Districts Association (CSDA) Contra Costa Chapter, referred to the material contained in the agenda packet regarding the proposed CSDA Chapter Affiliation Agreement, for which he sought input from the Board Members. He noted that the state organization has asked all chapters to formalize what has up to now been an informal affiliation relationship. President Pro Tern Williams and Member Hockett deferred to Member McGill's judgment on the matter. 3) Announcements Member McGill provided a written report covering Announcements. 8. ENGINEERING a. RECONSIDER BOARD ACTION OF MAY 17, 2012 APPROVING CONTRACTUAL ASSESSMENT DISTRICT (CAD) POLICY EXCEPTIONS FOR A POTENTIAL EL TOYONAL -ALTA VISTA -DOS OSOS CAD. Due to the absence of President Nejedly and Member Menesini, President Pro Tern Williams said it was staff's recommendation that this matter be continued to July 19, 2012. Given the fact that members of the public were present at the meeting, President Pro Tern Williams allowed them to express their views on the matter insofar as they related to the reconsideration of the Board action of May 17, 2012 approving CAD Policy exceptions for a potential El Toyonal -Alta Vista -Dos Osos CAD. Ms. Ksenija Olmer referred to her several handouts supporting the reconsideration and reversal of the Board's May 17, 2012 decision. She said the CAD program was designed to get developed properties off septic tanks and onto sewers and cited concerns that the proposed CAD boundaries appear to be moving in order to push the project through against the will of many of the current residents. She presented a map and coordinating spreadsheet indicating that of the 45 properties in the area, 19 are undeveloped and 26 are developed. She also submitted a signed petition on behalf of neighborhood property owners who oppose the CAD, calling it a "written protest" under Proposition 218. Ms. Lee Callahan raised several concerns in opposition to the CAD, stating that the roads in the area are privately owned and extremely narrow and the soil in the area is highly unstable so the costs of sewering would be very high. Mr. Lance Cowles said his primary concern was how much sewering will cost in the area. He noted that engineering estimates should be conducted first, especially because of the propensity for landslides in the area. 7 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of June 21, 2012 Ms. Haiden Bahman- Vincent said she opposed the CAD because of the narrow and unstable roads, and the fact that sewers will bring more development to the area, which will ruin the quality of life for current residents. She said the District should not subsidize developers by financing non - participants. Ms. Jill Tucker presented a letter and fire zone map of the area, stating that she opposed further development. She spoke of the extremely high fire danger in the area, the narrow and winding roads, and the fact that fire hydrants already deliver substandard water flows. Mr. Lawrence Karp, a long -time resident of the area, said the land is extremely unstable and provided several maps indicating previous landslides and mudslides in the area. He expressed concerns that the District has done no investigation of the soil conditions in the area. He said the 1970 County Health Department moratorium on new septic tanks in the area applies only to new applications, repairs of existing septic tanks are encouraged. Ms. Laurel Sgro expressed support for the appeal of the Board's May 17, 2012 decision to fund non - participant costs. President Pro Tern Williams inquired about the process for drawing boundaries for CADs. General Manager Ann Farrell said staff tries to draw boundaries so sewer service can be provided to proponents. District Counsel Kent Alm said the first step in the CAD process is to initiate it, and in order to do that, a boundary is needed. Member McGill asked if the proponents of a CAD can designate the area and petition the District to form a CAD. Mr. Alm said yes, but they would have no legal right to force the District to form a CAD. In response to a question from President Pro Tern Williams, Mr. Miyamoto -Mills said staff usually includes all properties along a proposed sewer route that might benefit from it, regardless of whether or not they are in favor. Ballots go to everyone who might benefit. President Pro Tern Williams said he would be interested in learning more on July 19, 2012 about how and why the proposed El Toyonal CAD boundaries have changed over time. It was moved by Member Hockett and seconded by Member McGill to continue the matter of reconsidering the Board action of May 17, 2012 approving CAD Policy exceptions for a potential El Toyonal -Alta Vista -Dos Osos CAD to the regularly scheduled meeting to be held July 19, 2012 at 2 :00 p.m. Motion passed by the following vote of the Board: AYES: Members: Hockett, McGill, Williams NOES: Members: None ABSENT: Members: Menesini, Nejedly R1 None. None. CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of June 21, 2012 9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 10. SUGGESTIONS FOR FUTURE AGENDA ITEMS 11. ADJOURNMENT There being no further business to come before the Board, President Pro Tern Williams adjourned the meeting at 3 :33 p.m. David R. Williams President Pro Tem of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CIVIC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California C