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HomeMy WebLinkAboutBOARD MINUTES 07-07-05 254 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 7, 2005 The District Board of the Central Contra Costa Sanitary District convened in a regular session 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 7,2005. I President Hockett called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Boneysteele, Lucey, Menesini, Nejedly, Hockett ABSENT: Members: None a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance to the Flag. b. INTRODUCTIONS Following an introduction from his supervisor, the Board of Directors welcomed Jeremy Talarico, newly-hired Source Control Inspector I. 2. PUBLIC COMMENTS There were no public comments. 3. CONSENT CALENDAR I It was moved by Member Menesini and seconded by Member Lucey that the Consent Calendar, consisting of Items a. through I., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. Motion passed by unanimous vote of the Board. a. Adopted Resolution 2005-063 accepting public sewer improvements and an offer of dedication from UDC Homes, Inc. for an easement shown on the recorded final map of Subdivision No. 8054 in the City of Walnut Creek (Job 5259) and authorized staff to record easement with the Contra Costa County Recorder b. Adopted Resolution 2005-064 accepting public sewer improvements and an offer of dedication from Robert H. and Marian T. Falk for an easement shown on the recorded final map of Subdivision No. 7566 in the Town of Danville (Job 5267) and authorized staff to record easement with the Contra Costa County Recorder c. Advised the Board of the closeout of the 1996/1997 Sewer Renovation Project, District Project 5166 Member Menesini inquired why the cost of several of the projects was lower than the I Engineer's estimate. Staff responded that the Engineer's estimate is a conservative figure, and that recent bids have been competitive. d. Advised the Board of the closeout of the Pleasant Hill Road East Improvements, District Project 5553 e. Advised the Board of the closeout of the Walnut Creek Sewer Renovation Project, Phase 2, District Project 5709 7 -7 -05 ------_..,------------------------ ._._-~- 255 f. Advised the Board of the closeout of the Steam System Improvements Project, District Project 6144 g. Advised the Board of the closeout of the Treatment Plant Electrical Cable Replacement Project, District Project 7214 h. Advised the Board of the closeout of the Treatment Plant Protective Coatings Project, Phase 2, District Project 7221 I i. Advised the Board of the close out of 28 Capital Improvement Projects j. Set August 11, 2005 at 2:00 p.m. as the date and time for public hearings for the Kiewit Property Clean Fill Lease Project, DP 8210 k. Approved registration differential salary merit increase for Assistant Engineer Nancy Kelly I. Adopted Resolution 2005-065 confirming publication of District Ordinance No. 236 - an Ordinance Amending District Code Section 6.20.300 Schedule of Reimbursement Fees to Establish Reimbursement Fees Applicable to properties that directly connect to Project 5497 (EI ToyonallCamino Del Cielo, Orinda), Project 5667 (Del Amigo Road, Danville, or Project 5698 (EI Pintado, Danville) Standard Sewer Facilities 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER: None. 5. BIDS AND AWARDS a. AWARD A CONSTRUCTION CONTRACT TO POWER ENGINEERING I CONTRACTORS FOR THE CONSTRUCTION OF THE HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY PAINT BULKING ROOM MODIFICATIONS PROJECT, DISTRICT PROJECT 8209. General Manager Charles Batts stated that the project at the Household Hazardous Waste Facility will upgrade the paint crushing and bulking process; upgrade air compressor equipment, and install a new roll-up door for forklift access. The proposed modifications proposed will result in serving customers' needs more efficiently. He stated that four bids were received for the project on June 15, 2005. The lowest responsible and responsive bidder is Power Engineering Contractors at $172,001. He concluded that staff recommends awarding the contract to Power Engineering Contractors. Member Menesini requested that staff explore the possibility of selling recycled paint rather than giving it away. It was moved by Member Nejedly and seconded by Member Lucey to award the contract for the Household Hazardous Waste Collection Facility Paint Bulking Room Modifications project, District Project 8209, to Power Engineering Contractors in the amount of $172,001. Motion passed by unanimous vote of the Board. I 6. REPORTS a. GENERAL MANAGER 1 ) General Manager Charles Batts stated that District staff has been evaluating and updating alternatives for expanding the Collection System Operations Division facilities located at Springbrook Road in Walnut Creek. The Board was given a preview of the findings at the April Capital Improvement Budget Workshop, and a more detailed discussion was conducted at a special CSOD workshop at the Springbrook facility in May. 7 -7 -05 ----- --.-----.---.---------- 256 At that time, the Board request more information on the various alternatives. A detailed memorandum discussing alternatives was prepared and included with the Board package for today's meeting. In addition, the project reports were made available to any Board member who requested them. Director of Engineering Ann Farrell described the project history, which began in 2003 with a Capital Planning Workshop. Since that time, a consultant was selected and alternatives developed, which were presented at the April Capital Improvement Budget Workshop. Further information on the preferred I alternative was presented at a CSO Board Workshop in May 2005. At that time, Board Members requested additional information on other alternatives, and a memo was subsequently provided to the Board. Ms. Farrell described the 20-year needs for the facility, which include more building space, more warehouse space, better yard circulation, less congestion, and more parking. She described the space needs item by item, stating that current total square footage is 13,064 sq. ft. and anticipated space needs by 2025 are 24,344 sq. ft., which is an increase of 86 per cent. She broke down the alternatives, stating that to refurbish the existing buildings to meet current codes would cost in the range of $5 million, without any increase in square footage. Adding on to the existing building would remove yard area and exacerbate the congestion problem and would cost approximately $6 million. She stated that approximately seven other alternatives were explored, ranging in costfrom $10 million to $14 million. The current Capital Improvement Budget estimate is $8 million. She cautioned that cost estimates are conceptual and assumptions have been made, and the spiraling inflation in the building industry causes cost estimates to be rapidly out of date. She stated that only two alternatives meet the needs identified in the study, I one of which relocates the facility to Martinez at an approximate cost of $14.6 million. Realtors have indicated an approximate value of $4-5 million for the Walnut Creek site, which would offset the cost. However, relocating to Martinez would place the facility further away from the District's service area and cause additional travel time. She described the other alternative, preferred by staff, to construct a new, larger building at the current location and tear down the existing building. She stated that staff is looking for direction from the Board to (a) endorse the staff-recommended alternative; or (b) request further analysis of the Martinez alternative; or (c) provide other direction. Member Nejedly inquired about renting the Caltrans property under freeway for parking. He recommended that input on the design of the facility be obtained from the new CSO Manager when hired. He also requested that staff determine if other property is available in the Walnut Creek area. Member Menesini requested that a professional appraisal of the Walnut Creek property be obtained. He expressed support for exploring relocation to Martinez. Member Lucey stated that he would like a traffic study conducted in I connection with the Martinez relocation alternative. With regard to that option, he expressed concern regarding loss of productivity and increased response time. He also asked to see less expensive alternatives, including combining renovation of the existing building with leasing parking space from Caltrans, which he felt would address many of the problems. 7 -7 -05 ----.-.--- ._---_._._--,--,_._--_.._._._-_.__._-------_.__.~-_..-.----....- 257 President Hockett stated that it would be difficult to move the CSO facility within the city of Walnut Creek. She stated that the current location is ideal location and expressed support for constructing a new facility on the current site. She approved of the plans presented by staff and would like to proceed with the project without further delay. Board Member Boneysteele stated that he concurred wholeheartedly with the comments made by President Hockett. I 2) General Manager Charles Batts stated that Director of Engineering Ann Farrell and Communication Services Manager Harriette Heibel have been working with the Source Control group on customer service. For the past few months, the group has been looking at ways of enhancing customer service during inspection and enforcement activities, while still ensuring that pretreatment and stormwater regulations are being met. During this time, the EPA and the Regional Water Quality Control Board audited the Source Control program, which was found to be exceptional. Director of Engineering Ann Farrell described the technical aspects of the program. She stated that a Pretreatment Compliance Inspection (PCI) was completed on March 16 and 17,2005 by the US Environmental Protection Agency (EPA), and the District had 45 days to respond in writing to the inspection. The EPA also selected three industries for site visits - Systron Donner, D. C. Enterprises, and Varian Instruments. EPA Inspectors accompanied the Source Control Inspector and audited each facility. Ms. Farrell described the findings, which included the EPA's praise of the District's "exemplary" program and staff. She also described the inspection findings and areas of non-compliance, which included a violation where are-sampling was not conducted within the required 30 days. She stated that there is very little flexibility in interpretation of the EPA standards. She stated that the I District has been nominated again for the National Pretreatment Award, and will represent all of Region 9, which includes California, Nevada, Arizona, and Hawaii. Communication Services Manager Harriette Heibel stated that the overall goal is to develop an inspection approach that integrates proactive customer service with effective pretreatment and stormwater inspection. She stated that input must be solicited from the business community in order to be able to develop a "best practices" model. The plan of action included ride-alongs with Source Control Inspectors, as well as holding an industrial user focus group. She stated that, during the ride-alongs, it was noted that significant language barriers were encountered. Many of the infractions seemed to be from ignorance or from a change in staff rather than an intentional violation. A focus group was held for 12 permitted industries, and a follow-up survey will be sent to more customers. The focus group participants indicated that the process itself is more of a problem than the inspections. Participants stated that they would like more assistance in complying with regulations, to be approached as a partner, and to have a consistent approach among inspectors. They also would like to have feedback when their sampling is in compliance. They requested revised website information, including having I permit forms available online. They requested that staff investigate with the EPA whether pre-consultation visits for newly-permitted businesses, would be possible to provide for achieving compliance before initiating monitoring. They all expressed support for a pretreatment training program where periodic workshops would be provided. Member Menesini suggested looking into using TetraTech, a consultant working with the EPA, for developing a customer-friendly version of the pretreatment regulations. 7 -7 -05 _._---~-----~---_._------'- 258 President Hockett stressed the importance of educating the businesses and assisting them as much as possible, including providing materials in other languages if necessary and placing information and applications on the District website. 3) General Manager Charles Batts stated that the District's Source Control Program has been nominated for the U.S. Environmental Protection Agency's (EPA) 2005 Pretreatment Program Excellence Award. The pretreatment coordinator for EPA Region 9 nominated the District based on I recommendations from the team who conducted the most recent Compliance Inspection in. March. The award application package that was submitted to the EPA highlights conducting combined pretreatment and stormwater inspections with the County Clean Water Program, the accomplishments of the Household Hazardous Waste Collection Facility, the District's public education programs, and other pollution prevention activities. The results of the judging should be known later this summer. 4) General Manager Charles Batts presented an update on the Regional Water Quality Control Board action on the District's Administrative Civil Liability for Sanitary Sewer Overflows. He stated that, at the Board meeting of June 16th. he announced the Regional Water Board approved District's Administrative Civil Liability (ACL) as proposed by Regional Water Board staff by a 7-0 vote. The Regional Water Board's Supplement Environmental Project (SEP) coordinator has informed the District there are four projects that she believes would satisfy the Water Board's criteria for SEPs. The Regional Water Board is also working with the City of San Ramon to modify their projects to meet the Regional Water Board's criteria. He stated that staff will continue to update the Board throughout this process and bring recommended projects to the Board for their consideration at the July 21, 2005, Board meeting. The projects currently recommended are: I . Define "Third Party Review" for Sewer System Management Plans - The State Board's current proposed Sanitary Sewer Overflow (SSO) permit requires Third Party certification. The Third Party is envisioned to compile and analyze utility data, develop standards, provide guidance and training, and issue and administer certificates for sewer collection systems and its operators. If successful, this project should lead to fewer sewage spills regionwide and statewide. . Alhambra Valley Creek Coalition - this project would fund hydrologic survey of one-mile stretch of Alhambra Creek and outreach to the watershed community about creek function, creek impairment, and restoration. The survey would provide the basis for development of conceptual design for restoration. . City of Pleasant Hill - creek bank restoration of Murderer's Creek at Hoover Court in Pleasant Hill. The City would like to implement this project in tandem with the sewer upgrades by the District. The creek bank has failed, requiring the storm drain to be reconfigured, and the bank re-planted with native riparian vegetation. This project will need extra funding from another source if it is to be done this year. . Contra Costa County Flood Control - San Ramon Creek restoration at I Fostoria Way in Danville. This project uses innovative creek bank stabilization measures to shore up the County flood control channel, using conventional techniques with brush layering, which is a more bio-environmental method. In response to a question from Member Lucey, General Manager Batts confirmed that the District's objective is to just write the check to fund the project, and not have any involvement in oversight or management of the selected project. 7 -7 -05 _._--~..- -.------..----.--......-.--.--- 259 5) General Manager Charles Batts stated that, as part of the District's mercury thermometer exchange program, a staff member from the District's Household Hazardous Waste Collection Facility will exchange mercury thermometers for digital thermometers at the Byron Park Retirement Residence in Walnut Creek on Saturday, July 9. An interested resident who is familiar with the program requested this service. The District has exchanged approximately 3,100 mercury thermometers for digital thermometers over the past 5 years, but the exchange rate has declined in recent years. If this collection effort is successful, staff may contact other retirement communities within the District I service area for future thermometer exchange efforts. b. COUNSEL FOR THE DISTRICT District Counsel Kent Aim reported that the hearing regarding the Orinda-Moraga Disposal Service receivership was held and the receivership terminated. He stated that there is $462,000 in the account, which is accruing interest of approximately $500 per month. He stated that a check will be issued once the District requests it. c. SECRETARY OF THE DISTRICT Secretary of the District Elaine Boehme announced that the forms for the semi-annual campaign statement filing have been distributed to Board Members and are due no later than August 1, 2005. d. BOARD OF DIRECTORS 1) Member Lucey, Chair of the Budget and Finance Committee, reported that the Committee reviewed the expenditures and took no exception. It was moved by Member Lucey and seconded by President Hockett to I approve the Expenditure List dated July 7,2005, including Self Insurance Check Nos. 102236 to 102240, Running Expense Check Nos. 155027 to 156309, and Sewer Construction Fund Check Nos. 27730 to 27786 as recommended. Motion passed by unanimous vote of the Board. 2) Member Lucey, Chair of the Budget and Finance Committee, stated that the Committee discussed methods of disbursement of the Orinda-Moraga Disposal Service funds. He referred to the District Counsel's memorandum dated July 1, 2005 in which he suggested that the funds be sent to Pleasant Hill Bayshore Disposal for disbursement to Orinda-Moraga Disposal Service customers. He stated that the Committee concurs with that recommendation, but also recommends that the matter be referred to the Outreach Committee to review how customers should be informed. Both Committee Members agreed there should be a newspaper article if possible, or, if not, Member Lucey recommended an advertisement in the paper. Board Members concurred that the funds should be distributed pro-rata among the customers of the Orinda-Moraga Disposal Service area by Pleasant Hill Bayshore Disposal. Board Members requested that the Outreach Committee look into ways to best I inform customers on why they are receiving a rebate and how it was obtained, and to look at the possibility of inserting an informational piece into their bill. They also suggested looking into utilizing the Contra Costa Times, the Orinda Sun, or the newsletter published by the Solid Waste Authority. The matter will be scheduled for consideration and recommendation by the Outreach Committee and will be brought back to the Board for action at a future meeting. 7 -7 -05 --,.~-_._----_.,-----.._._.._----"-~--------- 260 3) Member Menesini announced the upcoming Environmental Alliance meeting to be held on July 18, 2005 regarding Metagenomics and the Department of Energy Joint Genome Institute. 4) Member Lucey reported on his attendance at a County Retirement Association meeting. He requested information regarding the possibility of paying the District's unfunded liabilities, and whether the smoothing process used to adjust returns on the retirement investments would impact when and how much the District should pay. I 7. CORRESPONDENCE RECEIVED LETTER DATED JUNE 24. 2005. FROM SHIRLEY S. NATHANSON. a. ORINDA. REQUESTING CONSIDERATION OF REDUCED SEWER SERVICE CHARGE RATES FOR SENIOR CITIZENS ON A LIMITED INCOME General Manager Charles Batts stated that staff has responded by telephone to the questions raised in Ms. Nathanson's letter. Board Members directed the Secretary of the District to send a written acknowledgement to Ms. Nathanson. 8. APPROVAL OF MINUTES: It was moved by Member Menesini and seconded by Member Lucey to approve the minutes of June 2, 2005. Motion passed by unanimous vote of the Board. 9. BUDGET AND FINANCE: a. AUTHORIZE ASSIGNMENT AND AMENDMENT OF DEFERRED COMPENSATION PLAN ADMINISTRATION AGREEMENT General Manager Charles Batts stated that Board authorization is needed to assign and amendl the District's Deferred Compensation Plan Administrative Agreement from National Deferred Compensation, Inc. to Nationwide Retirement Solutions, Inc. Since 1999, National Deferred Comp, Inc. has provided administrative, record keeping, reporting, enrollment, sales and brokerage functions as part of the District's 457 Deferred Comp Plan. National Deferred Compensation was acquired by Nationwide Retirement Solutions and desires to assign and transfer its rights and interests in the District's Administrative Agreement to Nationwide Retirement Solutions. The amendment was reviewed by the District's benefit counsel, Lee Trucker. It was moved by Member Lucey and seconded by Member Nejedly to authorize assignment and amendment of the Deferred Compensation Plan Administration Agreement from National Deferred Compensation, Inc. to Nationwide Retirement Solutions, Inc. Motion passed by unanimous vote of the Board. b. RECEIVE MAY 2005 FINANCIAL STATEMENT Controller Debbie Ratcliff presented a brief report on the Running Expense Fund, the Sewer Construction Fund and Temporary Investments. 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION: I None. 11. ANNOUNCEMENTSISUGGESTIONS FOR FUTURE AGENDA ITEMS President Hockett requested update on Alhambra Valley Trunk Sewer project. 7 -7 -05 _._----,-----~_.__._~----~~~--_.__. 261 12. ADJOURNMENT There being no further business to come before the Board, President Hockett adjourned the meeting at 3:27 p.m. I resident of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: bQb~ Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California I I 7 -7 -05 , --.-.-.-