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HomeMy WebLinkAboutBOARD MINUTES 02-07-08 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON FEBRUARY 7,2008 The District Board of the Central Contra Costa Sanitary District convened in a regular meeting at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on Thursday, February 7, 2008. President Lucey called the meeting to order and requested that the Acting Secretary call roll. 1. ROLL CALL PRESENT: Members: Hockett, McGill, Menesini, Nejedly, Lucey ABSENT: Membeffi: None a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance to the Flag. b. INTRODUCTIONS Board Members welcomed newly-hired Staff Engineer, Mark Wenslawski. 2. PUBLIC COMMENTS There were no public comments. 3. CONSENT CALENDAR It was moved by Member Hockett and seconded by Member Nejedly to adopt the Consent Calendar as recommended. Motion passed by unanimous vote of the Board. a. Approve expenditures dated February 7,2008. Reviewed by Budget and Finance Committee. b. Receive November 2007 Financial Statements. Reviewed by Budget and Finance Committee. c. Approve minutes of January 17, 2008 Board Meeting. Book 57 - Page 90 Board Minutes of February 7, 2008 d. Adopt Resolution 2008-020 accepting an offer of dedication from Withers Properties, LLC for an easement shown on the recorded final map of Minor Subdivision MS 01-0021 in the Lafayette area, accepting Job 5643 - Parcel 2, public sewer improvements, and authorize staff to record documents with the Contra Costa County Recorder. e. Adopt Resolution 2008-021 accepting an offer of dedication and public sewer improvements from Michael and Carol Gray, Alta Lane, Lafayette, Job 5660- Parcel 2, and authorize staff to record documents with the Contra Costa County Recorder. f. Adopt Resolution 2008-022 accepting an offer of dedication from Centex Homes for an easement shown on the recorded final map of Subdivision 8712 in the Dougherty Valley area of Contra Costa County, accepting Job 5669 - Parcel 2, public sewer improvements, and authorize staff to record documents with the Contra Costa County Recorder. g. Adopt Resolution 2008-023 accepting an offer of dedication and public sewer improvements from David and Joanne Mik, Nathan Place, Danville, Job 5675 - Parcel 2, and authorize staff to record documents with the Contra Costa County Recorder. h. Adopt Resolution 2008-024 accepting an offer of dedication and public sewer improvements from Michael Ramussen and Denise Boucher, Nathan Place, Danville, Job 5675 - Parcel 3, and authorize staff to record documents with the Contra Costa County Recorder. i. Adopt Resolution 2008-025 accepting an offer of dedication and public sewer improvements from Virginia, Robert, and Cynthia Hart, Nathan Place, Danville, Job 5675 - Parcel 4, and authorize staff to record documents with the Contra Costa County Recorder. J. Adopt Resolution 2008-026 accepting an offer of dedication and public sewer improvements from Douglas and Kathleen Sharpe, Nathan Place, Danville, Job 5675 - Parcel 5, and authorize staff to record documents with the Contra Costa County Recorder. k. Adopt Resolution 2008-027 accepting an offer of dedication and public sewer improvements from Walter and Edith Lucas, Michael Lane, Danville, Job 5675 - Parcel 6, and authorize staff to record documents with the Contra Costa County Recorder. I. Adopt Resolution 2008-028 accepting an offer of dedication and public sewer improvements from Sidne Long, Michael Lane, Danville, Job 5675 - Parcel 7, and authorize staff to record documents with the Contra Costa County Recorder. Book 57 - Page 91 Board Minutes of February 7, 2008 m. Adopt Resolution 2008-029 accepting a grant of easement (District Project 2905), and Resolution 2008-030 authorizing execution of a quitclaim deed to Linda B. Ingham (District Job 2905 and 3411). n. Adopt Resolution 2008-031 accepting a grant of easement (District Project 3411), and Resolution 2008-032 authorizing execution of a quitclaim deed to James R. Bridges, successor co-trustee of the Robert L. Bridges 2001 Family Trust dated November 26, 2001 (District Project 3411 and 2905). o. Adopt Resolution 2008-033 confirming publication of a summary of District Ordinance No. 247 (Uncodified) - an ordinance establishing reimbursement fees applicable to properties that connect to Job 5436 (Wendt Ranch Offsite Sewer, Danville); Job 5818 (EI Toyonal, Orinda) Special Sewer Facilities; and Job 5893 (Pine Tree Drive, Alamo) Standard Sewer Facilities. p. Accept the contract work for the North Orinda Sewer Renovations, Phase 3, District Project 5963, constructed by Pacific Trenchless, Inc., and authorize filing of the Notice of Completion. q. Authorize the General Manager to execute a five-year license agreement with the Department of Fish and Game for the use of District property located at the southwest corner of the Martinez Pump Station for equipment and supply storage. Recommended by Real Estate Committee. 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item 6.a. was taken out of order. 5. REPORTS a. GENERAL MANAGER 1) Update on Plant Control System Improvements and Control Rooms Modifications General Manger James Kelly stated that on December 20,2007, the Board of Directors accepted the software development for the new plant control system. The success of this project was a collaborating effort between District staff and the supplier. The new plant control system performed remarkably during the storm of January 4, 2008. This is an award winning project that also serves as a training tool. Senior Engineer Ba Than presented an update on the Plant Control System Improvements and Control Room Modifications. Book 57 - Page 92 Board Minutes of February 7, 2008 2) Businesses in Sionificant Non-Compliance for 2007 General Manager James Kelly stated that the Federal pretreatment regulations require agencies such as the District to publish the names of businesses that are in Significant Non-Compliance (SNC) during the previous calendar year. These regulations contain specific criteria that must be used to determine if a business is in Significant Non-Compliance. During 2007, two businesses were determined to be in non-compliance for discharges that exceeded the District's local limit for mercury which was made more stringent in 2007. The Notice of Significant Non-Compliance for 2007 will be published in the Contra Costa Times on February 11, 2008. Source Control Program Superintendent Tim Potter presented a report on this subject. Mr. Potter stated that the two businesses found to be in non- compliance are St. Mary's College in Moraga and Diablo Valley College in Pleasant Hill. They both experienced mercury violations from their chemistry laboratory operations. An initial citation was issued to each. Source Control Inspectors had follow-up discussions on SNC criteria, the publication process, and follow-up options. Letters were also sent to both colleges. Options to research potential mercury sources and control potential sources were reviewed. Additional resampling was conducted. Source Control Inspectors continue to assist Diablo Valley College and St. Mary's College with research into potential mercury sources and mercury control options. Source Control Inspectors are working with both colleges to schedule resampling in February after winter session starts, and to offer further assistance in identifying and controlling sources of mercury. 3) Update on Avers Road Annexation General Manager James Kelly stated that at the last regular meeting, the Board requested staff to obtain additional information about a proposed annexation in Concord that was having trouble connecting to the city public sewer system. This was the subject of a newspaper article in the Contra Costa Times. This situation is similar to that of the properties in the proposed District annexation 168(c) in Alhambra Valley. CCCSD was mistakenly mentioned in the newspaper article. The City of Concord, not CCCSD, is responsible for the sewer system and for allowing any connections to the sewer system in this area. Environmental Services Division Manager Curt Swanson presented a report stating that a property owner living in the Ayers Road area in unincorporated Concord has a failing septic tank and needs Local Agency Formation Commission's (LAFCO) approval to connect the City of Concord's sewer. Concord has requested LAFCO approval to provide sewer service beyond city limits and the property owner is required to Book 57 - Page 93 Board Minutes of February 7, 2008 submit an annexation application. Concord is working on future annexation of Ayers Road area. 4) Update on Headquarters Office Buildina (HOB) and Plant Operations Department (POD) Improvements General Manager James Kelly stated that.staff has been pursuing contracts to implement the HOB and POD improvements. Director of Administration Randy Musgraves gave a presentation that included the timeline of the work, Americans with Disabilities Act (ADA) compliance information, and the impact the work may have. Arrangements have been made to hold the March 6, 2008 Board Meeting in the Multi-Purpose Room if the Board Room upgrades are not completed by then. 5) CCCSD staff attendance at Central Contra Costa Solid Waste Authoritv (CCCSWA) Meetinqs General Manager James Kelly announced that CCCSD staff has been attending the monthly CCCSWA meetings since November 2007. Environmental Services Division Manager Curt Swanson gave a brief presentation summarizing these meetings. Mr. Swanson stated that the District and the Solid Waste Authority have some overlapping responsibilities and many areas of mutual interest, among them our service area, universal waste, and recycling. The CCCSWA Board had questions about the District's household hazardous waste program. Having a District staff member present during their meetings to listen to and answer these questions has been helpful to the CCCSWA Board and fosters good relations between the two agencies. Staff has attended three meetings to date and presented annual and 1 O-year statistics about CCCSD's Household Hazardous Waste Collection Facility operation. CCCSD staff was welcomed by CCCSWA Directors and staff. Announcements 6-10 were provided as written announcements in the Board agenda packet. 6) General Manager James Kelly announced that on October 4, 2007, the Board approved a plan to conduct three mobile Household Hazardous Waste (HHW) collection events a year for interested communities in the HHW Program service area. Letters were sent to City and Solid Waste Managers in eleven jurisdictions to gather interest. On January 18, 2008, staff received a reply from the City of Walnut Creek stating that due to the high use of the HHW facility by their residents and the cost of the mobile events, they would not host an event at this time. Currently, the City of San Ramon is the only community that has requested a mobile collection event. Book 57 - Page 94 Board Minutes of February 7, 2008 7) General Manager James Kelly announced that on February 21,2008, the Northern California Pipe User's Group (PUG) will be holding its Sixteenth Annual Sharing Technologies Seminar at Hs Lordships Restaurant in Berkeley. A report authored by Associate Engineer Paul Seitz entitled "Tunneling to Save Power Costs" and a report authored by Senior Engineer Ba Than, Associate Engineer Michael Penny, and Assistant Engineer Raffi Moughamian entitled "The Epoxy at the End of the Tunnel" will be presented. As requested by the Board, copies of both papers are included with this announcement. Capital Projects Division Manager Tad Pilecki will be presenting the Keynote Address in conjunction with Art Hamid of MWH American, Inc. The topic of their presentation is "Innovative Changes in Sewer Systems Over Three Decades." 8) General Manager James Kelly announced that on Wednesday, January 23, 2008, staff received an email with a list of concerns submitted by TRICO Pipe, a local Labor-Management Corporation Committee. TRICO representatives indicated that they might be contacting District Board Members with their concerns. Staff is providing the following for the Board's information. 9) 10) TRICO is investigating NCCI, Inc., the contractor for the construction of DP 7234, for compliance with State and Federal labor and contracting laws. TRICO's concerns included un-redacted certified payrolls for NCCI and their subcontractors, timing of the certified payroll delivery, Notices and Statements of Non-Performance, and submittal of apprenticeship and payment forms. Staff worked with the District Counsel to prepare responses to TRICO. The response letter was sent out on Friday, January 25, 2008. General Manager James Kelly announced that at the Board of Directors meeting on December 6,2007, staff announced that the Bay Area Air Quality Management District (BAAQMD) results for the September 18 and 19,2007, source test on the District's auxiliary boilers exceeded the limit for oxides of nitrogen (NOx) while firing on natural gas. The boilers were adjusted and retested on November 8,2007, and both boilers were in compliance with the permit requirements. BAAQMD evaluated the results of the test, and on January 28, 2008, issued a Notice of Violation for each auxiliary boiler for excess NOx emissions. BAAQMD could issue a fine atter further evaluation of the test results. General Manager James Kelly announced that Laboratory Superintendent Bhupinder Dhaliwal will be attending the 59th Annual Pittsburgh Conference and Exposition on Analytical Chemistry and Applied Spectroscopy (Pittcon), which will be held from March 2, 2008, through Book 57 - Page 95 Board Minutes of February 7, 2008 March 7, 2008, in New Orleans, Louisiana. This annual conference brings together scientific and laboratory professionals to share the latest information about analytical chemistry and instrumentation. Attendance at this conference will provide Mr. Dhaliwal and the District the latest developments in environmental laboratory services and regulations. This conference cost is included in the Plant Operations Division's budget. Announcements 11-13 were provided as additional written announcements. 11) General Manager James Kelly announced that the District is one of the sponsors of the Delta Discovery Program, the marine lab experience for fifth graders in Contra Costa County. The program takes place aboard the Brownlee, a marine research vessel. The ship travels out of Antioch into the Delta during January and February. To thank its sponsors, the Marine Science Institute has extended an invitation for a two-hour trip on the Delta on Saturday, February 23, 2008 from 2 p.m. to 4 p.m. Space is limited. Board Members are invited to participate. 12) General Manager James Kelly announced that major construction activity on the A-Line Relief Interceptor Project (Phase 2A) is expected to begin in mid-March. Construction activities will have the greatest impact to the Buchanan Field Golf Course, the Crowne Plaza Hotel and the Home Depot. As part of the public outreach for the other businesses within the affected area, an informational meeting will be held at the Crowne Plaza on Tuesday, February 26, 2008 from 1 :00 p.m. to 2:00 p.m. At this meeting, staff will provide information on the construction scope, anticipated traffic impacts, and expected duration of the project, as well as answer questions. 13) General Manager James Kelly announced that the District will be participating in the 2008 Asset Management Process Benchmarking Project that is facilitated by the International Water Association and Water Services Association of Australia (IWA). Associate Engineer Dana Lawson and Assistant Engineer Nathaniel Morales will attend the Orientation and Training Workshop in Seattle from March 11, 2008 through March 14,2008. The information gained at this meeting and through the Benchmarking Project will be of direct benefit to the Treatment Plant Asset Management Plan project that has recently been initiated. Forty-four agencies will participate from the USA Canada, Sultanate of Oman, United Arab Emirates, China, Australia, and New Zealand. The overall objective of this year-long project is to improve the standard of Asset Management performance within the water industry, principally through the identification and promotion of "best practices." Each participating agency will use a software tool to assess their process performance, strengths and weaknesses in asset management, provide a Book 57 - Page 96 Board Minutes of February 7, 2008 comparison to industry peers, and to identify specific areas for process improvement. The expense will be paid by the Treatment Plant Asset Management Plan project. 14) General Manager James Kelly noted the following three articles in the news clippings 1) Second Massive Marin Sewage Spill is Revealed 2) Marin Sewage Spill Prompts Call for Probe 3) 2.7 Million Gallons of Sewage Spilled in San Francisco Bay. Mr. Kelly stated that the District will be reviewing its reporting protocol. January 2008 was a very wet month and although cleaning of sewers has been very aggressive there have been 20 overflows. Director of Collection System Operations Bill Brennan has been working with his staff to see if there is a common denominator in the overflows. b. Counsel for the District No reports. c. Secretary of the District No reports. d. Board Members 1) Member McGill reported on the February 4, 2008 Budget and Finance Committee Meeting. The Board accepted the report without comments. 2) Member McGill reported on the January 22, 2008 Ad Hoc Code Review Committee Meeting. The Board accepted the report without comments. 3) Member Nejedly reported on the January 30,2008 Real Estate Committee Meeting. The Board accepted the report without comments. 4) Member Menesini reported on the February 5,2008 Capital Projects Committee Meeting. The Board accepted the report without comments. 5) Member Menesini reported on the January 28, 2008 Contra Costa Special Districts Association Meeting. 6) Members McGill and Hockett reported on the January CASA Conference. 7) Member Hockett reported on January CASA Executive Board Meetings. Book 57 - Page 97 Board Minutes of February 7, 2008 8) Reports on miscellaneous business meetings attended by Board Members. Member McGill reported on his attendance at the Mayors' Conference on January 3, 2008, in Oakley and announced that he will be attending the Mayors' Conference this evening in Walnut Creek. Member McGill reported that on January 23, 2008 he attended Bingham McCutchen's legal rulings update. Member McGill reported on the California Builders Association Winter Meeting. 9) Announcements Member McGill reported that he and General Manager James Kelly attended one of the four modules of the California Special Districts Association Leadership Academy last year and will be attending the following two modules this year: "Setting Directions in Community Leadership and The Board's Role in Finance" and "Fiscal Accountability." These will be held in Sacramento in April and May 2008. 6. ENGINEERING a. ADOPT A RESOLUTION AMENDING RESOLUTION NO. 77-15 REGARDING RIGHTS TO MAINTAIN AND OPERATE THE SIX-INCH MAIN SEWER SYSTEM WITHIN LAS LOMITAS SUBSTATION UNIT NO. 11N THE DANVILLE AREA. JOB NO. 690 General Manager James Kelly stated that this item pertains to a legacy the District inherited from a private developer a number of years ago in what is now Danville. The purpose of this position paper and resolution is to allow the District to provide constructive notice to those who purchase properties in this area so that they will know that there is a sewer in their backyard. Principal Engineer Jarred Miyamoto-Mills provided background of the development and reviewed the easement. Mr. Miyamoto-Mill stated that the Las Lomitas Subdivision Unit NO.1 in Danville was developed in 1949, before CCCSD service was extended into the San Ramon Valley. The developer installed backyard collector sewers and a neighborhood treatment plant to serve the lots of the subdivision. No easements were recorded for the collector sewer system. In 1955 Alamo and Danville were annexed by CCCSD. In 1977 the Board adopted Resolution No. 77-15 declaring that the District has easement rights "generally affecting all lots. .." Staff has concluded that amending Resolution 77-15 to list the specific lots would improve constructive notice of CCCSD's rights and would clarify the specific Las Lomitas lots that are affected by the District's rights. Owners of all 50 lots were provided a history and notified of this Board meeting. Book 57 - Page 98 Board Minutes of February 7, 2008 Five property owners called to inquire about the proposed action. One of the property owners is present to speak to the Board. Mr. Gary Ginsberg of Danville addressed the Board stating that he is a homeowner in the Las Lomitas subdivision. He is currently involved in a title dispute with First American Title over this matter. He consulted the Chief Title Officer of LandAmerica Commonwealth regarding this issue. Mr. Ginsberg presented the General Manager with a copy of an e-mail to him from LandAmerica Commonwealth regarding this issue. Mr. Kelly stated that adopting this resolution will benefit all parties. Staff will see if more effort is needed to perfect the constructive notice. It was moved by Member Nejedly and seconded by Member Hockett that Resolution 2008-034 be adopted as recommended amending Resolution 77-15 regarding rights to maintain and operate the six-inch main sewer system within Las Lomitas Substation Unit No. 1 in the Danville area, Job No. 690. Motion passed by unanimous vote of the Board. 7. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 8. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Nejedly requested that staff provide the Board with a report on the number of septic tanks currently in use and what alternatives might be available to take the burden off homeowners with failing septic tanks. Member Nejedly suggested a CAD, a LID, or some other type of help with financing for the homeowner. Member McGill requested that the septic tank report include information on areas that would be easy to connect to the sewer and would provide sewer to the most properties for the least cost. Member Hockett requested that staff provide the Board with a report regarding realignment of sewer pipes where appropriate when the sewer runs through properties; and whether it would be possible to do a CAD project in these areas such as the Las Lomitas Subdivision discussed under Item 6.a. 9. CLOSED SESSION The Board recessed at 4:01 p.m. to reconvene in closed session in the Caucus Room regarding Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): CCCSD, Plaintiff; vs. Gus Kramer, et aI., Defendants; Case No. C07 -02402 Book 57 - Page 99 Board Minutes of February 7, 2008 The Board reconvened in open session in the Board Room at 4:38 p.m. 10. REPORT OUT OF CLOSED SESSION No reports. 11. ADJOURNMENT There being no further business to come before the Board, President Lucey adjourned the meeting at 4:39 p.m. Gerald R. Lucey President of the Board of Di ectors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: ~k~ Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Book 57 - Page 100