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HomeMy WebLinkAboutBOARD MINUTES 04-03-08 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON APRIL 3, 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, April 3, 2008. President Lucey called the meeting to order and requested that the 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 recognized Mary Lou Esparza-Vignalats on her promotion to Senior Chemist and Bernard Martinez on his appointment to Maintenance Technician Trainee. 2. PUBLIC COMMENTS Gemma Osendorf, Community Concern for Cats, addressed the Board stating she had heard that a trapping contractor was going to begin trapping raccoons. She stated that cats will be caught in the traps and killed, and urged the Board to refrain from trapping any animals. Leroy Moyer stated that the trapper contractor hired by the District has a criminal record and is cruel and unethical. He urged the District not to use his services. 3. CONSENT CALENDAR It was moved by Member Menesini and seconded by Member Nejedly to adopt the Consent Calendar as recommended. Motion passed by unanimous vote of the Board. a. Approve expenditures dated April 3, 2008. Reviewed by Budget and Finance Committee. Book 57 - Page 136 Minutes of April 3, 2008 b. Receive February 2008 Financial Statements. Reviewed by Budget and Finance Committee. c. Approve minutes of March 6, 2008 Board Meeting. d. Adopt Resolution 2008-041 establishing May 1, 2008 as the date for a public hearing to consider the establishment of Gordon/Millthwait Alhambra Valley Assessment District No. 2007-2. e. Authorize medical leave of absence without pay for Vehicle and Equipment Service Worker Philip Notarmaso through May 18, 2008. f. Authorize the General Manager to execute a contract for temporary services in an amount not to exceed $60,000 to provide District computer network support services. g. Deny appeal of Public Employees Union Local One and adopt the arbitrator’s recommendation in the Kinnon promotional grievance. 4. HEARINGS a. CONDUCT A PUBLIC HEARING AND CONSIDER ADOPTION OF ORDINANCE ADDING SECTION 6.20.400 TO THE DISTRICT CODE (REIMBURSEMENT FEES FOR DISTRICT-INSTALLED FACILITIES) WITH AN EFFECTIVE DATE OF 7 DAYS AFTER PUBLICATION OF THE ORDINANCE General Manager James Kelly stated that the public hearing considers proposed rules for setting reimbursement fees for District-installed sewer facilities. The current District Code has rules for setting reimbursement fees for sewers installed by private parties, but not for sewers installed by the District. If approved by the Board, the proposed rules will be used to calculate the customer reimbursement fees for design and construction of the Alhambra Valley Trunk Sewer. Environmental Services Manager Curt Swanson stated that the proposed new Section 6.20.400 would establish a process and rules for reimbursement fees for District- installed sewer facilities. The key differences from existing rules are that the fees would increase annually for anticipated investment earnings; there would be no depreciation, and no time limit. The driving force to add this proposed new section is the Alhambra Valley Trunk Sewer project, where District reserves were used to pay for the Alhambra Valley Trunk sewer. A system needs to be put in place that allows the District to recover its costs as soon as possible. The public hearing was opened and closed without comments. Book 57 - Page 137 Minutes of April 3, 2008 It was moved by Member Hockett and seconded by Member Nejedly to adopt Ordinance 248, adding Section 6.20.400 to the District Code (reimbursement fees for District-installed facilities) to be effective 7 days after publication of the ordinance. President Lucey stated that he would not support the motion as he feels that the District should not act as the contractor on sewer projects. Motion passed by the following vote of the Board: AYES: Members: Hockett, McGill, Menesini, Nejedly NOES: Members: Lucey ABSTAIN: Members: None 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 6. BIDS AND AWARDS a. CONSIDER REJECTION OF BID PROTEST BY HSR INC. AND AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO LISTER CONSTRUCTION, INC. AS THE LOWEST RESPONSIVE BIDDER FOR DISTRICT PROJECT 7251, TREATMENT PLANT SITE IMPROVEMENTS; AUTHORIZE THE GENERAL MANAGER TO EXECUTE THE CONTRACT DOCUMENTS; AND AUTHORIZE AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH CALPO, HOM & DONG ARCHITECTS General Manager James Kelly stated that the Treatment Plant Site Improvements project will improve the condition, access, safety, and maintenance of twenty areas at the site and at the Martinez Pumping Station. During review of the bids, the second low bidder filed a bid protest. District staff and legal counsel reviewed the bid protest and determined that it did not have merit. Staff has determined that Lister Construction is the lowest responsive bidder, and recommends that the Board award the construction project to Lister Construction. Associate Engineer Craig Mizutani provided a brief presentation. He stated that thirteen bids were received, ranging from $1,584,000 to $2,105,300. The apparent low bidder was Lister Construction. On March 6, 2008, the District received a bid protest from HSR, Inc., the second low bidder. The protest claimed that the bidder’s bond was not notarized; there was no subcontractor listed for installation of motorized operators for the entry gates; and no subcontractor listed for the installation of the handrail. The protest has been reviewed by staff the District Legal Counsel and it is recommended that the protest be rejected and the bid awarded to Lister Construction. It was moved by Member Menesini and seconded by Member McGill to reject the bid protest by HSR Inc. and to authorize award of a construction contract to Lister Book 57 - Page 138 Minutes of April 3, 2008 Construction, Inc. as the lowest responsive bidder for District Project 7251, Treatment Plant Site Improvements; to authorize the General Manager to execute the contract documents; and to authorize an amendment to a professional services agreement with Calpo, Hom & Dong Architects. Motion passed by unanimous vote of the Board. 7. REPORTS a. General Manager 1) Contra Costa Water District Update General Manager James Kelly reported that District staff has recently had discussions with Contra Costa Water District (CCWD) on a special discharge permit for a pilot study they wish to conduct and exploration of recycled water project concepts that CCWD could support. He welcomed CCWD Assistant General Manager Jerry Brown, who was in the audience. Director of Engineering Ann Farrell stated that CCWD requested a special discharge permit to allow them to discharge pilot study effluent into the sewer. They are testing removal of emerging contaminants from Delta source water. Staff wanted to make sure it is acceptable to receive the emerging contaminants in the influent. The pilot study is a state-funded project, and staff feels that the District should support if it there are no negative impacts. She described the pilot study, the intent of which is to determine how to remove the contaminants from the drinking water. The study will be set up at CCWD’s Bollman water treatment plant, on Bates Avenue in Concord. Ms. Farrell stated that General Manager James Kelly discussed the proposal with Bay Area Clean Water Agencies (BACWA) and the Regional Water Quality Control Board. The District does not have permit limits for any of the constituents. Ms. Farrell concluded that staff recommends issuing the special discharge permit with the following requirements: minimize concentrations of contaminants to those needed for valid data; and cite contaminants selected as those typically found in Delta source water. A cover letter will be included citing the District’s desire to minimize discharge of emerging contaminants to the sewer, but that it will make an exception with the pilot study in the interest of advancing science. Member Nejedly stressed the importance and benefit of inter-agency cooperation. Ms. Farrell reported on a meeting with CCWD to share their perspective on recycled water. CCWD feels that District water provides a more beneficial use if left in the Delta. If taken out, it actually does not create a one-to-one water supply as CCWD still needs to release water through the Delta to keep the Delta fresh. Book 57 - Page 139 Minutes of April 3, 2008 CCWD feels it is helpful to them to have wastewater going into the Delta as it keeps the saltwater back and keeps the salinity at their intake in acceptable ranges. Ms. Farrell stated that the East County Industrial Reuse Project is currently being studied and CCWD could potentially serve new East County industrial demand through a water exchange. She stated that staff is recommending adding scope to the East County REW study to investigate CCWD providing raw water to a new power plant in East County in exchange for CCCSD providing REW water to existing near-by refineries. General Manager James Kelly stated that the initial project concept would be in the range of 10 million gallons a day being sent to the refineries. Mr. Brown indicated that CCWD would be interested in working with the District to reduce greenhouse gas emissions, save water and save energy. Member Nejedly stated that the District has a huge resource of water. The District has tried to work cooperatively with CCWD in the past without success. Cooperation between the two agencies would provide a lot of opportunities. Member Menesini agreed with Member Nejedly’s comments. He expressed hope that both agencies are moving forward with working together. 2) General Manager James Kelly announced that, on February 27 and February 28, 2008, the District held a two-day business and technical writing class conducted by Vincler Communications. Twenty District employees attended, including the General Manager and Director of Administration. The class was customized to meet the needs of the District, and attendees submitted pre-work and writing samples that were critiqued by the teachers. The class evaluations unanimously rated the class as outstanding and very worthwhile. We plan to conduct at least one more such class, as well as a proof-reading and editing class for administrative support staff. 3) General Manager James Kelly announced that the District will conduct an informational meeting for residents and property owners in the Alhambra Valley on Wednesday, April 9, 2008, from 7:00 p.m. to 9:00 p.m. The meeting will be held in the Multi-Use Room at John Swett Elementary School located at 4955 Alhambra Valley Road, Martinez. The main topics of the meeting will be the proposed reimbursement fees for direct and indirect connectors to the Alhambra Valley Trunk Sewer, and financing sewer extensions and connections under the Alhambra Valley Assessment District Program. Book 57 - Page 140 Minutes of April 3, 2008 4) General Manager James Kelly announced that, on March 20, 2008, County Quarry began accepting truckloads of clean-fill onto the District- owned Kiewit property. Located directly across from the County Quarry operation, the clean-fill operation hours are Monday through Friday from 7:00 a.m. to 4:30 p.m., and opened on Saturday or Sunday by appointment only. County Quarry expects 25-50 trucks to arrive daily during the dry weather season. 5) General Manager James Kelly announced that the District was notified on March 24, 2008 that the truck for the Hydrovac approved by the Board in the 2007-2008 equipment budget was damaged in transit from the truck assembly plant at Sarnia, Ontario, Canada, to the Vactor factory in Streater, Illinois. Staff has demanded that a new truck be provided, the manufacturer has countered with an offer to replace all items damage with new and to give an additional year of bumper-to-bumper warranty on the truck. 6) General Manager James Kelly announced that the District hosted a public workshop on Tuesday, March 25 from 7:00 p.m. to 8:00 p.m. at the Walnut Creek City Hall. There were eight residential properties represented at the meeting and the main topics discussed were expected construction impacts and lateral replacement. This is the sixth of 15 phases to renovate sewers in the residential areas of Walnut Creek. Approximately 9,100 linear feet of 6- and 8-inch sewer lines will be replaced in the Buena Vista School and Almond/Shuey areas. The sewer renovation work in the Almond/Shuey area was accelerated to coordinate with the City’s paving plans for next year. The Phase 6 Renovation Project is currently out to bid with the Bid Opening scheduled for April 15, 2008. 7) General Manager James Kelly announced that the Aeration Air Renovations Project will be advertised for bids on April 4 and 10, 2008. Staff plans to request award of the project at the May 15, 2008 Board Meeting. The Engineer’s Construction cost estimate is $3,200,000. 8) General Manager James Kelly announced that the Contra Costa Green th Business Program 10 Anniversary Event will be held on Thursday, April 24, 2008, from 5:30 p.m. to 8:30 p.m. at the Linsday Wildlife Museum. 9) General Manager James Kelly announced that Assistant Engineer, Wesley Adams will attend the 2008 No-Dig Conference in Dallas, Texas from April 27 through May 2, 2008. Book 57 - Page 141 Minutes of April 3, 2008 10) General Manager James Kelly provided the Board with photos of the damaged vactor. He stated that staff has insisted that the vendor needs to supply a new vehicle. The vendor has offered a one-year extension to the vehicle warranty along with additional repairs. 11) General Manager James Kelly provided the Board with a confirmation letter sent by Grand Jury Foreperson Jerry R. Holcombe regarding the Grand Jury tour. 12) General Manager James Kelly announced the passing Plant Operator II Ken Hobbs, who sadly passed away last weekend after an extended illness. 13) General Manager James Kelly announced that Collection Systems Field Superintendent Bill Echols was informed last week that the District will receive the California Water Environmental Association (CWEA) 2007 Large Collection System Award and Film Fast Award Training. The awards will be presented at the CWEA’s annual conference on April 16, 2008. President Lucey commended Mr. Echols and his staff on receiving the prestigious award. 14) General Manager James Kelly announced that the District received a bid protest on the Control Room Modifications Project, DP 7253. This matter will be heard by the Board at an upcoming Board meeting. 15) General Manager James Kelly announced that District staff met with staff from the City of Lafayette and the City of Orinda to discuss upcoming projects in their area. Orinda staff requested that District staff present upcoming projects to the Orinda City Council at a May meeting. Their council meetings are held at 7:00 p.m. on the first and third Tuesday of each month. Announcements 2-15 were provided as written announcements. b. COUNSEL FOR THE DISTRICT 1) District Counsel Kent Alm reported that Kaiser’s attorney has indicated that their claim will not be ready for approximately another month. 2) Receive comments from Board on Titles 6 and 11 of the District Code. President Lucey asked why installers will be required to have written agreements when they are not required to do so currently. Mr. Alm responded that it is primarily for clarification and will not create more work Book 57 - Page 142 Minutes of April 3, 2008 for installers. He reiterated his opposition to the District acting as installer on sewer projects, which was reflected by his no vote on the prior hearing item. 3) Mr. Alm stated that a closed session needs to be added to the agenda. The need to take action arose after publication of the agenda, and action must be taken before the next Board meeting. It was moved by President Lucey and seconded by Member Nejedly to add a closed session to the agenda: Conference with Legal Counsel - Anticipated Litigation - Significant exposure to litigation pursuant to Government Code Section 54956.9(b) - one potential matter. Motion passed by unanimous vote of the Board. c. SECRETARY OF THE DISTRICT Secretary of the District Elaine Boehme announced upcoming Committee meetings and invited Board Members to sign up for CPR/AED training offered by the District. d. BOARD MEMBERS 1) Member McGill reported on the March 31, 2008 Budget and Finance Committee meeting and summarized the Action Summary. There were no comments from Board Members. 2) Member McGill reported on the March 27, 2008 Recycled Water Committee meeting and summarized the Action Summary. Members discussed recycled water capacity and recycled water standards, and asking for assistance from the Regional Water Quality Control Board. President Lucey requested that staff attempt to verify the Contra Costa Water District claims regarding Delta outflow issues. 3) President Lucey reported on the April 1, 2008 Human Resources Committee meeting and summarized the Action Summary. He explained that the Committee recommended approval of the Staffing Plan, with the exception of the proposed advancement series for Engineers. Member Menesini stated that the Committee will be looking at other ways to address that at a future meeting. 4) Reports on miscellaneous business meetings attended by Board Members. Book 57 - Page 143 Minutes of April 3, 2008 Members McGill and Hockett reported on their attendance at the March 25, 2008 Contra Costa Council lunch for Congresswoman Ellen Tauscher. 8. ENGINEERING a. CONSIDER DIRECTING STAFF TO ADD A PERMIT BY RULE TO THE SOURCE CONTROL ORDINANCE, TITLE 10, TO ALLOW DISCHARGE FROM COMMUNITY CAR WASH EVENTS WITH NO REQUIRED NOTIFICATION OF DISTRICT STAFF UNLESS A MANHOLE MUST BE USED FOR DISCHARGE General Manager James Kelly reported that the Board has received a Position Paper on the item, which has been discussed on prior occasions by the Board. It was moved by Member Nejedly and seconded by Member Menesini to direct staff to add a Permit by Rule to the Source Control Ordinance, Title 10, to allow discharge from community car wash events with no required notification of District staff unless a manhole must be used for discharge. Motion passed by the following vote of the Board: AYES: Members: Hockett, McGill, Menesini, Nejedly NOES: Members: Lucey ABSTAIN: Members: None b. APPROVE SUPPLEMENTAL AUTHORIZATION OF $380,000 FROM THE SEWER CONSTRUCTION FUND FOR THE FISCAL YEAR 2007-2008 GENERAL IMPROVEMENTS PROGRAM, AND AUTHORIZE ALLOCATION OF $150,000 OF THE $380,000 TO THE IMHOFF TRIANGLE DEVELOPMENT PROJECT (DP 8225) General Manager Jim Kelly reported that additional funds are needed to purchase easements, to continue working on the Capital Improvement Budget, and for improvements to the Imhoff triangle property. Purchasing and Materials Manager Jim Warrington described the property in question, stating that a drainage ditch needs to be filled in. The Real Estate Committee had expressed interest in leasing the property, but prospective lessees are requiring that the drainage ditch be filled in. Govers Engineering developed a topographic map and looked at options for dealing with the ditch. Supplemental funding is being requested to complete the CEQA process and get additional cost information. To date approximately $11,000 has been spent. Member Menesini questioned where the water was coming from that was in the drainage ditch, and if someone else had responsibility. Member Hockett stated that she would prefer the property to remain “green” and undeveloped, as it is a gateway to the District property. Book 57 - Page 144 Minutes of April 3, 2008 It was moved by President Lucey and seconded by Member Nejedly to approve a supplemental authorization of $380,000 from the Sewer Construction Fund for the Fiscal Year 2007-2008 General Improvements Program, and authorized allocation of $150,000 of the $380,000 to the Imhoff Triangle Development Project (DP 8225). Motion passed by the following vote of the Board: AYES: Members: McGill, Menesini, Nejedly, Lucey NOES: Members: Hockett ABSTAIN: Members: None 9. HUMAN RESOURCES a. APPROVE STAFFING PLAN FOR FISCAL YEAR 2008-2009 General Manager James Kelly stated that the Human Resources Committee has reviewed the proposed staffing plan for next year and recommends the plan for Board consideration, with the exception of adding Associate Engineer to the advancement series. The Committee expressed a preference for advancement to the Associate level to be merit based, and that there be Associate level work for someone receiving Associate pay. Staff had proposed the advancement series to help prepare for the future by retaining trained staff. The District has twelve Staff and Associate Engineers, and anticipates retirement of at least twelve more senior engineers and two Engineering Managers within the next five years. Based on the Committee’s input, staff will consider the District’s workload and current rotation program, and develop a refined proposal to meet the District’s succession needs and accomplish the engineering work requirements. Staff requests authorization to meet with the bargaining units on the Staffing Plan. It will be brought back to the Board for final approval in June. It was moved by Member Menesini and seconded by President Lucey to approve the Staffing Plan for Fiscal Year 2008-2009, with the exception of the proposed advancement series for Engineers.Motion passed by unanimous vote of the Board. b. AUTHORIZATION TO HIRE SEASONAL EMPLOYEES General Manager James Kelly reported that the Human Resources Committee has reviewed this matter and recommends approval. President Lucey suggested that, in the future, approval of the positions and authorization to hire applicants could be handled at the same time. It was moved by Member Nejedly and seconded by President Lucey to authorize the hiring of 33 students for seasonal employment. Motion passed by unanimous vote of the Board. 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. Book 57 - Page 145 Minutes of April 3, 2008 11. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Hockett requested a review of the Transportation/Travel policy regarding trips to and from airport and parameters. She also requested discussion of transportation for Board Members who may require it. President Lucey stated that he will not approve reimbursing Board Members for the use of limousines or airport cars. 12. CLOSED SESSION The Board recessed at 3:52 p.m. to reconvene in the Caucus Room in Closed Session: a. Conference with Legal Counsel on existing litigation pursuant to Section 54956.9(a) of the Government Code - Daniel and Eileen Scanlon v. Kandi Kaufman, et al; Lorraine Kaufman v. Daniel Scanlan, et al - Cross-Complaint - Contra Costa Superior Court No. C06-01976. b. Conference with Legal Counsel - Anticipated Litigation - Significant exposure to litigation pursuant to Government Code Section 54956.9(b) - one potential matter. c. Conference with labor negotiators pursuant to Government Code Section 54957.6 District Negotiators: Human Resources Manager Cathryn Freitas and Director of Administration Randy Musgraves; Employee Organization: Central Contra Costa Sanitary District Employees Association Local 1. d. THIS ITEM WAS ADDED TO THE AGENDA Conference with Legal Counsel - Anticipated Litigation - Significant exposure to litigation pursuant to Government Code Section 54956.9(b) - one potential matter. Following the Closed Session, the Board reconvened in the Board Room in open session at 4:30 p.m. 13. REPORT OUT OF CLOSED SESSION No reports. Book 57 - Page 146 Minutes of April 3, 2008 14. ADJOURNMENT There being no further business to come before the Board, President Lucey adjourned the meeting at 4:31 p.m. Ge~Y n ir President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: I 6e~ Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Book 57 - Page 147