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HomeMy WebLinkAboutBOARD MINUTES 07-03-08 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 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, July 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: Members: None a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance to the Flag. 2. PUBLIC COMMENTS None. 3. CONSENT CALENDAR General Manager James Kelly announced that the resolution for Item 3.c. contains an error and has been corrected. It was moved by Member Menesini and seconded by Member McGill to adopt the Consent Calendar with the correction to the resolution for Item 3.c. Motion passed by unanimous vote of the Board. a. Approve expenditures dated July 3, 2008. Reviewed by Budget and Finance Committee. b. Receive May 2008 Financial Statements. Reviewed by Budget and Finance Committee. c. Adopt Resolution of Application 2008-081 requesting that Contra Costa Local Agency Formation Commission (LAFCO) initiate proceedings to annex fourteen annexation areas to the District (District Annexation 170). d. Advise the Board of the closeout of Alhambra Valley Trunk Sewer, District Project 5919. Book 58 - Page 31 Board Minutes of July 3, 2008 e. Accept the contract work for Electrical Cable Replacement - Sub 40, District Project 7271, constructed by Con J. Franke Electric, Inc., and authorize filing of the Notice of Completion. f. Adopt Resolution 2008-082 confirming publication of a summary of District Ordinance No. 249 - amending District Code Section 6.12.090 and Adopting an Uncodified Schedule of Capacity Fees, Rates and Charges. g. Adopt Resolution 2008-083 confirming publication of a summary of District Ordinance No. 250 - amending District Code Chapter 6.30, and Adopting an Uncodified Schedule of Environmental and Development-Related Fees, Rates and Charges. h. Adopt Resolution 2008-084 confirming publication of a summary of District Ordinance No. 251 (Uncodified) - Establishing Reimbursement Fees Applicable to Properties that Directly or Indirectly Connect to the Alhambra Valley Trunk Sewer, District Project 5919. i. Approve travel to Washington, D.C., on July 8, 2008, for Director of Engineering Ann Farrell to attend and testify at the Domestic Policy Subcommittee of the Oversight and Government Reform Committee hearing - Assessing State and Local Regulations to Reduce Dental Mercury Emissions. 4. HEARINGS a. CONDUCT A PUBLIC HEARING REGARDING THE ESTABLISHMENT OF THE VIA VAQUEROS ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2008-7, DISTRICT PROJECT NO. 6450 General Manager James Kelly stated that the public hearing deals with approval of the Alhambra Valley Assessment District No. 2008-7, which will serve up to eleven properties along Via Vaqueros. The proposed AVAD will finance construction of approximately 530 feet of 8-inch sewer main. Environmental Services Division Manager Curt Swanson stated that the Via Vaqueros Alhambra Valley Assessment District (AVAD) meets the AVAD criteria and will potentially serve eleven properties. It consists of 530 feet of 8-inch sewer. The projected sewer main cost is $142,155 and the cost per property is $26,750, which includes $7,303 trunk sewer indirect reimbursement fee. The annual payment for each property is $2,730. Mr. Swanson reported that he received 6 votes in support of the AVAD, 0 votes opposing the AVAD, and 5 property owners did not submit a ballot. The public hearing was opened and closed without comments. Book 58 - Page 32 Board Minutes of July 3, 2008 It was moved by Member Nejedly and seconded by Member McGill to take the following actions: (1) Find that the project is categorically exempt from CEQA (2) Adopt Resolution 2008-085 approving a revised boundary (3) Adopt Resolution 2008-086 overruling protests (4) Adopt Resolution 2008-087 confirming compliance with California Constitution, Article XIIID, Section 4 (5) Adopt Resolution 2008-088 approving the Engineer’s Report, assessments, and ordering improvement (6) Authorize the General Manager to execute an agreement with parcel owners. Motion passed by unanimous vote of the Board. 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 6. BIDS AND AWARDS a. AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $1,238,000 FOR THE CONSTRUCTION OF LAFAYETTE SEWER RENOVATIONS, PHASE 5, DISTRICT PROJECT 5977, TO K.J. WOODS CONSTRUCTION, INC., THE LOWEST RESPONSIVE BIDDER, AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE THE CONTRACT DOCUMENTS, SUBJECT TO SUBMITTAL REQUIREMENTS General Manager James Kelly stated that the Lafayette Sewer Renovation project will renovate and/or replace approximately 11,000 linear feet of sewer in Lafayette and Moraga. The Engineer’s estimate is $1,980,000. Staff has determined that K.J. Woods Construction, Inc. is the lowest responsive bidder and recommends that the Board award a construction contract in the amount of $1,238,000 to K.J. Woods Construction Inc., and authorize the General Manager to execute the contract subject to submittal requirements. The project is being coordinated with the Town of Moraga, the City of Lafayette, and East Bay Municipal Utility District to ensure that traffic impact is kept to a minimum. It was moved by Member Nejedly and seconded by Member Hockett to award a construction contract in the amount of $1,238,000 for the construction of Lafayette Sewer Renovations, Phase 5, District Project 5977, to K.J. Woods Construction, Inc., the lowest responsive bidder, and to authorize the General Manager to execute the contract documents, subject to submittal requirements. Motion passed by unanimous vote of the Board. Book 58 - Page 33 Board Minutes of July 3, 2008 b. AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $1,379,595 FOR THE CONSTRUCTION OF MARTINEZ SEWER RENOVATIONS, PHASE 2, DISTRICT PROJECT 5979, TO WILLIAM G. MCCULLOUGH COMPANY, THE LOWEST RESPONSIVE BIDDER, AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE THE CONTRACT DOCUMENTS, SUBJECT TO SUBMITTAL REQUIREMENTS, AND FIND THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) General Manager James Kelly stated that, on June 17, 2008, the District received seven bids for the construction of the Martinez Sewer Renovations Phase 2 project. The project consists of installing approximately 7,100 linear feet of 6-and 8-inch sewer lines within public right-of-way and private easements utilizing both open cut and horizontal directional drilling methods. Bids ranged from $1,379,595 to $2,047,376, and the Engineer’s estimate was $1,934,000. Staff reviewed the bids and recommends awarding the project to William G. McCullough Company of Antioch with a bid of $1,380,000. Mr. Kelly stated that the Green Street portion of the project may not be able to be completed because the District is still missing some easements. If they are not obtained, it will be deleted from the project. It was moved by Member McGill and seconded by Member Hockett to award a construction contract in the amount of $1,379,595 for the construction of Martinez Sewer Renovations, Phase 2, District Project 5979, to William G. McCullough Company, the lowest responsive bidder, and to authorize the General Manager to execute the contract documents, subject to submittal requirements, and find that the project is exempt from the California Environmental Quality Act (CEQA). Motion passed by unanimous vote of the Board. 7. REPORTS a. GENERAL MANAGER 1) Update on A-Line Relief Interceptor Project, Phase 2A, DP 5980 General Manager James Kelly stated that the A-Line project is the biggest project for the District since the Headworks project in 1994. Associate Engineer Paul Seitz provided the Board with an update and information about the upcoming change order. He described the project location and discussed the impacts of construction. No complaints have been received. He showed photographs of the progress of the project. He stated that the total construction cost is $21,150,000, $9,774,000 of which will be paid by the District and $11,376,000 by the City of Concord. The potential Book 58 - Page 34 Board Minutes of July 3, 2008 change orders amount to $500,000, $20,000 of which would be paid for by the District and $480,000 by the City. He stated that contaminated materials were found at the Concord Pump Station, and staff is working to determine the extent of the contamination. The City of Concord staff have been informed that this is their portion of the project and that they will be responsible for the full cost to resolve the problem. Diesel, lead, arsenic, and mercury are some of the contaminants. Mr. Seitz described the anticipated completion dates, stating that the project should be completed by January 2009. 2) Status of properties outside the Urban Limit Line in Alhambra Valley General Manager James Kelly stated that, during annexation of properties in the Alhambra Valley in 2006 and 2007, the District became aware that nineteen properties within the District’s sphere of influence were located outside the County's Urban Limit Line (ULL). The ULL was approved by voters in November 2006. Seven of these nineteen properties were, and still are, very interested in connecting to the public sewer system. Providing sewer service to these seven properties would be complicated because the County discourages the extension of urban services beyond the ULL. On February 21, 2008, the Board directed staff to pursue an incremental approach toward annexation and providing sewer service to the interested properties outside the ULL. Environmental Services Division Manager Curt Swanson stated that of the nineteen properties outside the ULL, seventeen of them are an “island” surrounded by lands within the ULL. Two properties are at the edge, between the ULL and Briones Regional Park. Seven have submitted annexation petitions. In February 2008, the Board directed staff to seek out of agency service agreements for interested developed properties, and to prepare an Environmental Impact Report (EIR) for annexation of all nineteen properties outside the ULL. He stated that, recently, property owners outside the ULL met with the City of Martinez and County political leaders. They were told that residents will have to go through the standard process, and no special measures will be taken. The County will be conducting a review of the ULL in 2011, or residents could proceed with petition to change the ULL independently. Mr. Swanson stated that staff recommends proceeding with the two out of agency service agreements – one for the three properties that are already developed and have City water service, and the other for the two undeveloped Book 58 - Page 35 Board Minutes of July 3, 2008 properties. Staff will continue preparation of the EIR for the annexation of all nineteen properties, and will return to the Board when scoping activity is completed. He stated that staff is requesting Board concurrence for staff to continue to assist owners of properties outside ULL if they decide, proceed to LAFCO. Member Nejedly commented that the District’s purpose is to provide sewer service, not promote construction. 3) General Manager James Kelly announced that the Summer Student Picnic will be held on Wednesday, July 9, 2008 from 12:00 p.m. to 1:30 p.m. at Hidden Valley Park on Center Avenue in Martinez. 4) General Manager James Kelly announced that the District hosted a public workshop on Thursday, June 19, 2008 from 7:00 p.m. to 8:00 p.m. The meeting was held at the Orinda Intermediate School and there were seventeen attendees. The areas of concern expressed were the District’s coordination with the other agencies conducting projects or paving in the area, and having advance notice of work occurring on their streets. Additional topics discussed were expected construction impacts, paving restoration, and lateral replacement. 5) General Manager James Kelly announced that at the May 1, 2008 Board Meeting, Mr. Matt Parkinen, who resides at 26 Wanda Way in Martinez, spoke to the Board about two issues related to construction of the Alhambra Valley Trunk Sewer. His first issue dealt with the adequacy of the pavement replacement for an 820 foot long section of Wanda Way that is privately owned. Mr. Parkinen contended that the new pavement thickness was less than the minimum 3 inches that was agreed to between the District and the fourteen owners of the private section of road. The second issue was related to easement payments for use of his portion of the private road and loss of use of his garage during the construction of the inverted siphon under Alhambra Creek. The District retained a pavement specialist to evaluate the thickness and strength of the new pavement. This consultant determined that the pavement thickness varied from 2.25 to 3.5 inches. To correct the situation, the District decided to install another 1.5 inch overlay so that the pavement thickness would exceed the minimum 3 inch thickness at all locations. This work was completed on June 25, 2008. Book 58 - Page 36 Board Minutes of July 3, 2008 The cost of the additional paving is an AVAD project cost and is a benefit to the community. The District will be reimbursed as part of the AVAD financing program. District staff will meet with Mr. Parkinen next week to discuss and resolve his easement payment issues. 6) General Manager James Kelly announced that he will be out of the office from Friday, July 18 through Tuesday, August 5,2008. Director of Engineering Ann Farrell will act in his place during that time. 7) General Manager James Kelly announced that on Tuesday, July 1, 2008, at approximately 8:00 p.m., a fire occurred in a trash dumpster at the Household Hazardous Waste Collection Facility (HHWCF). The fire was detected by the District’s patrolling security guard. The guard called the Fire Department and District staff. The Fire Department responded and put out the fire. There was no damage to the HHWCF structure or stored waste. Allied Waste brought a replacement dumpster the next day, and the damaged trash dumpster will be cleaned and repainted. As the fire occurred during non-business hours, operations at the HHWCF were not affected and the facility opened as usual the next day. Water and foam used by the Fire Department to extinguish the fire was collected in the HHWCF containment vaults. The water will be analyzed and treated as necessary before proper disposal. The trash dumpster is used for non-hazardous waste such as empty paint containers, plastic bags, cardboard boxes, and office waste. District staff is investigating the possible causes of the dumpster fire. This is the first fire at the HHWCF in over ten years of operation. 8) General Manager James Kelly announced that Jury Foreperson Jerry Holcombe of the Contra Costa County Grand Jury sent a letter of thanks in regards to the June 17, 2008 tour. 9) General Manager James Kelly announced that General Manager Dave Contreras of the Mt. View Sanitary District phoned to ask the District for some suggestions for advertisement on a billboard outside their facility regarding the District’s Household Hazardous Waste Collection Facility. He provided the Board with samples. Announcements 3-9 were provided as written announcements. Book 58 - Page 37 Board Minutes of July 3, 2008 b. COUNSEL FOR THE DISTRICT District Counsel Kent Alm announced the settlement of the Kaiser Permanente hospital claim in the amount of $316,381.79, and stated that the District has received the executed settlement agreement. c. SECRETARY OF THE DISTRICT Secretary of the District Elaine Boehme announced the opening of nomination period of July 14 through August 8, for the November 4, 2008 District Board Election. d. BOARD MEMBERS 1) Member McGill summarized the Action Summary for the June 30, 2008 Budget and Finance Committee meeting. The Board received the report without comments. 2) President Lucey summarized the Action Summary for the June 24, 2008 Outreach Committee meeting. The Board received the report without comments. 3) President Lucey reported that the July 1, 2008 Human Resources Committee meeting was a closed session meeting. The matter is scheduled for Board discussion in the closed session at the end of this meeting. 4) Reports on miscellaneous business meetings attended by Board Members. Member McGill announced that he will be attending the Mayors’ Conference meeting on July 3, 2008 and also various Contra Costa Council task force meetings. 5) Announcements Member Menesini reported on the recent Environmental Alliance meeting. 8. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A CONSTRUCTION CONTRACT CHANGE ORDER IN AN AMOUNT NOT TO EXCEED $97,000 WITH NCCI, INC. ON THE AERATION AIR RENOVATIONS PROJECT, DISTRICT PROJECT 7207 General Manager James Kelly stated that, on June 2, 2008, construction work began on the Aeration Air Renovations Project. The purpose of the project is to maintain the Book 58 - Page 38 Board Minutes of July 3, 2008 District’s asset by fixing leaks that have been getting worse for many years. Staff determined the diffuser gaskets and retaining rings required replacement. This is the subject of the change order request contained in the Position Paper before the Board. Senior Engineer Andrew Antkowiak described the project background, stating that the contract amount with NCCI, Inc. is $1,429,972. Expected completion date is November 8, 2008. He stated that as of today’s date, virtually all air leaks have stopped. He described the construction issues in the project, which include gasket/retaining ring replacement, a damaged drain line, relief valve replacement, and the quantity of grout needed. He stated that the Board is asked to approve a $97,000 change order for gaskets and retaining rings for Passes C and D. He pointed out that staff has authorized $40,000 for gaskets in Passes A and B. The drain line repair is expected to cost around $7,000, and the relief valves $47,000. The additional grout injection may cost as much as $400,000. Member Hockett asked whether the tanks should be replaced, rather than repaired. General Manager James Kelly stated that it might be necessary to replace the air diffusers in the future. The cost is very high – an estimate obtained seven years ago to replace the aeration basins’ diffusers was approximately $5 million. The cost of replacing the tanks themselves would be much higher. Mr. Antkowiak confirmed that the $400,000 cost is based on the amount of grout used. It was moved by Member Nejedly and seconded by Member McGill to authorize the General Manager to execute a construction contract change order in an amount not to exceed $97,000 with NCCI, Inc. on the Aeration Air Renovations Project, District Project 7207. Motion passed by unanimous vote of the Board. 9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 10. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None. 11. CLOSED SESSION The Board recessed at 3:33 p.m. to reconvene in the Caucus Room in Closed Session regarding the following matters: Book 58 - Page 39 Board Minutes of July 3, 2008 a. 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, Public Employees Union, Local One. b. Conference with Legal Counsel - Anticipated Litigation - initiation of litigation pursuant to 54956.9(c) - one potential case. The Board recessed at 4:10 p.m. to reconvene in open session in the Board Room. 12. REPORT OUT OF CLOSED SESSION None. 13. ADJOURNMENT There being no further business to come before the Board, President Lucey adjourned the meeting at 4: 11 p.m. Gerald R. Lucey President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: GQ~e1A~ Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Book 58 - Page 40