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HomeMy WebLinkAboutBOARD MINUTES 07-21-05 262 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 21, 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 Califomia, at 2:00 p.m. on Thursday, July 21, 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 (President Hockett left at 3:30 p.m.) 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 introductions from supervisors, the Board of Directors welcomed Lee Sutherland, newly hired Machinist; Christopher Goward, newly hired Operator I; and Wayne Rebstock, newly hired Operator I; and congratulated Johnnie Levingston on his appointment to Plant Operator Trainee and Don Comstock on his appointment to Crew Member Trainee. 2. PUBLIC COMMENTS I There were no public comments. 3. AWARDS AND COMMENDATIONS: a. RESOLUTION RECOGNIZING CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA) 50TH ANNIVERSARY General Manager Charles Batts stated that, at the August CASA Conference, there will be various presentations and displays celebrating CASA's 50th Anniversary and accomplishments. At the Friday luncheon, resolutions honoring CASA will be displayed and the theme of CASA's history and success will continue throughout the conference. He requested that the Board adopt a resolution in recognition of CASA's anniversary. It was moved by Member Nejedly and seconded by Member Menesini to adopt Resolution 2005-066 recognizing CASA's 50th anniversary. Motion passed by unanimous vote of the Board. 4. CONSENT CALENDAR It was moved by Member Menesini and seconded by Member Nejedly that the Consent I Calendar, consisting of Items a. through d., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. Motion passed by unanimous vote ofthe Board. a. Adopted Resolution 2005-067 accepting public sewer improvements and an offer of dedication from Charles R. and Karen J. Mrack for an easement shown on the recorded final map of subdivision No. 7780 in the Danville area (Job 5269) and authorized staff to record easement with the Contra Costa County Recorder. 7-21-05 - - -~~----""'-'-'-_.'--"~'-"""-""---'---"--'-------"----...- --------_.~- -- -,._~--,..._._. 263 b. Advised the Board of the closeout of the Pleasant Hill Relief Interceptor, Phase 5, and Happy Valley Road Sewer Renovation Project, District Project 5659 and 5692. Member Menesini commended the City of Pleasant Hill and the District for working cooperatively to accomplish this project. c. Adopted Resolution 2005-068 directing that the 2005-2006 Yearly Assessments for Contractual Assessment Districts (CAD) totaling $369,465 be collected on the County I Tax Roll. In response to a question from Member Menesini, Environmental Services Division Manager Curt Swanson stated that the District has created 23 CADs since 1977, and adoption of the resolution authorizes the assessments to be placed on the County tax roll. d. Directed staff to secure the services of an arbitrator in accordance with the disciplinary appeal procedure. 5. HEARINGS: a. CONDUCT PUBLIC HEARING TO RECEIVE PUBLIC COMMENT ON PLACING DELINQUENT 1997 CONNECTION FEES ON THE COUNTY TAX ROLL FOR COLLECTION Continued from June 2, 2005. General Manager Charles Batts stated that in March, 2005, staff discovered that the property at 161 Twin Peaks Drive in Walnut Creek, owned by Robert and Susan Edmonson, had been connected to the District's sewer system since 1997 without payment of connection fees or sewer service charges. The Edmonsons paid the past due sewer I service charges when billed by the District in May but connection fees are still outstanding. He stated that staff has worked with the Edmonsons and Greg Reginato, the contractor who built the home, and they have both agreed to pay the overdue connection fees. Mr. Batts stated that staff recommends continuing the public hearing to August 11 to allow the District Counsel to prepare a formal payment agreement to be signed by both parties. It was moved by Member Lucey and seconded by Member Nejedly to continue the public hearing to Thursday, August 11, 2005 at 2 p.m. Motion passed by unanimous vote of the Board. 6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER: None. 7. BIDS AND AWARDS General Manager Charles Batts stated that, on June 28, the District opened bids for three blanket contracts: non-destructive potholing, television inspection, and utility location services. He stated that Exaro Technologies is the low bidder for the non-destructive I potholing blanket contract with a bid of $69,250. Roto-Rooter is the low bidder for the television inspection blanket contract with a bid of $55,600, and Precision Locating is the low bidder for the utility locating blanket contract with a bid of $20,775. The blanket contracts are utilized by Engineering staff to prepare designs, to plan construction and to develop specifications for District Capital Projects. He stated that staff recommends awarding the contracts to the above contractors for a one-year period, with an optional extension for two additional one-year periods. 7-21-05 -------..---. ----_._,-,~,---,----_._-_.,----,,---_.__._,--_.__.._-_.-----..----------- 264 a. AUTHORIZE AWARD OF CONTRACT TO EXARO TECHNOLOGIES CORPORATION FOR PROVIDING NON-DESTRUCTIVE POTHOLlNG SERVICES. It was moved by Member Lucey and seconded by Member Menesini to authorize the award of contract to Exaro Technologies Corporation for providing non-destructive potholing services as recommended in the amount of $69,250 for a one-year period, with an optional extension for two additional one-year periods. Motion passed by unanimous vote of the Board. b. AUTHORIZE AWARD OF CONTRACT TO ROTO-ROOTER FOR PROVIDING I TELEVISION INSPECTION SERVICES. Member Menesini expressed interest in having Central San crews perform more of the television inspections, if possible, rather than utilizing Roto-Rooter. It was moved by Member Lucey and seconded by Member Menesini to authorize the award of contract to Roto-Rooter for providing television inspection services as recommended in the amount of $55,600 for a one-year period, with an optional extension for two additional one-year periods. Motion passed by unanimous vote of the Board. c. AUTHORIZE AWARD OF CONTRACT TO PRECISION LOCATING FOR PROVIDING UTILITY LOCATING SERVICES. It was moved by Member Lucey and seconded by Member Menesini to authorize the award of contract to Precision Locating for providing utility locating services as recommended in the amount of $20,775 for a one-year period, with an optional extension for two additional one-year periods. Motion passed by unanimous vote of the Board. 8. REPORTS a. GENERAL MANAGER I 1) Soecial Studies Uodate - Caoacitv Use Fees General Manager Charles Batts stated that, last year, staff informed the Board about the re-evaluation process for 120 special capacity fee studies that were originally initiated during the late 1990's and early 2000's. During the last year, staff has discussed the reviews and possible re-evaluations with the customers, resolving most of the issues. He stated that Environmental Services Division Manager Curt Swanson will discuss the outcome of the special study reviews. Mr. Swanson stated that 120 special studies were conducted between 1997 and 2003. He stated that a special study is conducted for non-residential users where the Board has not established an RUE factor. The study determines the wastewater strength and volume for a particular business or industry. Special studies may be re-evaulated by the District after 1-5 years of operation by the business or industry. If the projection falls within plus or minus 10 percent, no further action is taken. If the difference is greater or less than 10 percent, then a refund is issued or additional fees collected. Of the 120 special studies, 94 were satisfactory. Eight users had a greater than 5 I RUE difference, two had a less than 5 RUE difference, and sixteen had insufficient data and will be evaluated at a later date. He described the review process, stating that fees owed to the District ranged from $30,887 to $187,586. Two refunds were issued. He stated that staff worked with the companies that owed money to evaluate actual loadings and assist them in reducing their water generation. Fees were recalculated based on the revised date and all companies have paid or will soon pay the additional fees. 7 -21-05 --~----."'-----"-'-~----------'-'-- .---....,.------.------..---- 265 He concluded his presentation with expressing appreciation for District staff who worked on the special study reviews. 2) Supplemental Environmental Proiects (SEP) Update General Manager Charles Batts stated that, at the Board meeting of July 7, 2005, it was reported that the Regional Water Board-imposed District Administrative Civil Liability (ACL) likely will not be appealed, and that staff I might be able to bring some projects for Board consideration at this meeting. The Board gave staff general direction to focus on projects that would be administered and managed by a responsible third party. The Water Board's Supplemental Environmental Project (SEP) Coordinator compiled a list of 14 projects they believe satisfy the criteria for SEPs. Yesterday, staff met with the SEP Coordinator and a subcommittee of the County's Watershed Forum to aid in prioritizing the projects. Considerations for prioritization were: 1. The project be in the District, 2. The project be in areas where overflows occurred, 3. The project proponent is a responsible party that would administer and manage the project, and 4. The project could be completed in a reasonable timeframe. Based on these criteria, the project priority was: Murderer's Creek at Hoover Court. sponsored bv the Citv of Pleasant Hill This project would redirect a storm drain that discharges to this creek and would "bio-engineer" the stream bank. It would be completed this year, and the SEP portion would be approximately $80,000. I Contra Costa Watershed Forum Website. sponsored bv Contra Costa County Communitv Development This project would update the website for the Contra Costa creek group. It would be completed in 2006, and the SEP portion would be $5,000. Alhambra Vallev Creek Corridor Studv. sponsored bv Contra Costa Resource Conservation District This project would conduct a hydrologic survey of a one- mile stretch of Alhambra Creek and outreach to creek property owners for a future restoration project. The survey would provide the basis for development of conceptual design for restoration. The project would be completed in 2006, and the SEP portion would be $60,000. Sponsor Creek Maintenance Workshop for Public Aaencies. sponsored by Contra Costa County Flood Control This project would provide training on creek riparian habitat management, and would create a maintenance manual for public agencies. It would be completed in 2006, and the SEP portion would be approximately $40,000. He stated that Water Board staff met with the City of San Ramon to modify its I projects to meet the Water Board's criteria. It is unclear if the City's projects can be modified by the time the District must have its SEP underway. These concerns have been expressed to City staff. Staff will update the Board on San Ramon's progress at a future Board meeting. Staff hopes to gain Board concurrence to proceed on projects for approximately $80,000 at the August 11, 2005 Board meeting, while allowing San Ramon additional time to gain approval for their projects. Mr. Batts explained that one option would be to select one or two of the listed projects, amounting to approximately half of the $150,000 fine, and to allocate the remainder to the City of San Ramon project, assuming it meets the Water 7 -21-05 ----~-----_._._--..---_._-------~~--~._-~._~-_.._._-------.--.--,----.. 266 Board criteria. If not, then the balance of the fine could be allocated to another project. In response to a question from Member Lucey, Mr. Batts stated that the District Board could select the projects to be funded if they meet the criteria. Director of Operations Jim Kelly stated that the City of San Ramon has been given a deadline by the Water Board of August 15 by which to complete their project proposal in accordance with the established criteria. If that deadline is I not met, other projects may be considered. Member Nejedly stated that he feels it important that a City of San Ramon project be funded if possible. He also expressed support for the_Alhambra Valley Creek Corridor Study, sponsored by Contra Costa Resource Conservation District. Member Menesini concurred with Member Nejedly's support for the Alhambra Valley Creek project. He inquired about the Water Board criteria not being met by the City of San Ramon. Member Lucey asked if the City of San Ramon has been properly notified. Mr. Batts stated that staff will come back on August 11, 2005 and present the Board with final options. 3) General Manager Charles Batts stated that, at the Board meeting of June 2, staff was authorized to negotiate a Joint Powers Agreement with the City of Pleasant Hill for the Hoover Court slide repair as part of the award of the Vessing Sewer Renovation Project. At that time, the City had not decided whether to go forward with the slide repair. Funding for the slide repair was authorized at the City Council meeting of July 11. Staff will complete the JPA I negotiations and bring the JPA to the Board at a future Board meeting. 4) General Manager Charles Batts stated that the District experienced another picric acid incident last weekend. On the afternoon of Saturday July 16, 2005, two sons of a deceased chemist dropped off a load of household hazardous waste, including one glass 4-ounce container of picric acid. The container of picric acid was loose in the trunk of the vehicle, and identified by staff. Staff called County Hazmat who arrived at 5:20 p.m., and the Bomb Squad arrived at 5:40 p.m.. The Bomb Squad detonated the picric acid in a remote area on District property. 5) General Manager Charles Batts stated that over the last several weeks, the Treatment Plant has experienced elevated turbidity and difficulty in meeting disinfection requirements with the Ultra Violet system. On three separate occasions, the plant had to bypass to the ponds to avoid violations. Staff believes there is a high correlation between this degradation and discharges from a cured-in-place lining project being conducted by the City of Concord. The District has experienced this same phenomenon in the past due to our own cured-in-place projects and avoided such impacts by capturing curing water. The City of Concord's contractor, Insituform, should have obtained a Special I Discharge Permit for this project from the District. Working with the City of Concord and their project personnel, a permit will be issued and they will be required to adhere to a zero discharge requirement. In the spirit of cooperation, the District will allow Concord to truck water from the pipe-curing project to Basin C for holding and evaporation if it does not exceed hazardous waste criteria. 7 -21-05 .~----.-.----.--_._._-~-------~---~_._.- ---..---..,--,.,.--..--. 267 b. COUNSEL FOR THE DISTRICT 1) District Counsel Kent Aim presented an update on the status of legal activities in the District. He distributed a chart showing projects that have required significant attention, including capital projects, environmental services projects, property and purchasing issues. He described upcoming special projects for 2005-06, which will include a comprehensive review of the District Code and review of the District's form contracts. With regard to litigation, he stated that the Dickerson easement condemnation will be concluded in the I near future. The Brown overflow litigation is ongoing, however. In response to questions from President Hockett and Member Menesini, Mr. Aim described the Roundhill Estates access and geotechnical issues and the efforts made to resolve them. 2) District Counsel Kent Aim presented a report on the National Pollutant Discharge Elimination System (NPDES) Permit Appeal Settlement. He stated that four years ago the District obtained a new permit and objected to some of its provisions. An appeal was filed with the State Board, and a settlement has been prepared and is very close to conclusion. The District will submit an application in the fall for the next round of permit negotiations, and it is hoped that the issues raised in the appeal will have been resolved. He described one Central Sanitary District-specific provision relating to toxicity limits, and stated that the State Board has agreed the District's proposed revision. Director of Operations Jim Kelly explained the toxicity requirement in the permit. 3) District Counsel Kent Aim reported on the settlement of the Marinai litigation, stating that the District accepted a settlement in the amount of $35,000. The I settlement agreement has been signed and when fully executed the District will receive the payment within 14 days. c. SECRETARY OF THE DISTRICT None. 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. He commended staff on obtaining a rebate on the Workers' Compensation deposit of $222,000. Director of Administration Randy Musgraves commended Safety and Risk Management Administrator Kim Greer on her efforts which resulted in the Workers Compensation rebate. It was moved by Member Lucey and seconded by President Hockett to approve the Expenditure List dated July 21, 2005, including Self Insurance Check Nos. 102241 to 102245, Running Expense Check Nos. 156310 to I 156652, Sewer Construction Fund Check Nos. 27787 to 27822, Payroll Fund Manual Check Nos. 49042 to 49045 and Payroll Regular Check Nos. 55468 to 55507 and as recommended. Motion passed by unanimous vote of the Board. 2) Member Lucey reported on the July 19, 2005 Real Estate Committee meeting. 3) At the request of Member Menesini, Principal Engineer Tad Pilecki reported on the July 18, 2005 Contra Costa Special Districts Association Meeting. 4) Member Menesini reported on the recent Environmental Alliance meeting. 7 -21-05 ----.. 268 9. ADMINISTRATIVE: a. AUTHORIZE THE PURCHASE OF REPLACEMENT PICKUP TRUCK AT THE COST OF $10,000 General Manager Charles Batts stated that staff is requesting authorization to fund the purchase a replacement pickup truck for a damaged yehicle at a cost of $1 0,000. A District pickup truck was damaged by a falling oak tree while parked outside the Lower Orinda Pumping Station. A preliminary estimate for repairs totals $9,800 and a claim has been sent I to the Orinda Country Club. Additionally, a third party is willing to purchase the truck "as is" for $4,500. The cost of a new pickup truck is approximately $22,000 to $24,000. The District would use $10,000 from the Equipment Budget Contingency account to make up the difference in cost. The Contingency account would be replenished by transferring $10,000 from the Capital Budget General Improvement Program Contingency account in the 2005- 2006 Capital Improvement Budget. It was moved by Member Menesini and seconded by Member Nejedly to authorize the sale of a damaged pickup truck and the purchase of a replacement pickup truck from the Equipment Budget Contingency account, and to approve a transfer of $10,000 from the Capital Budget General Improvement Program Contingency account. Motion passed by unanimous vote of the Board. 10. ENGINEERING: a. ADOPT RESOLUTION OF APPLICATION 2005-069TO INITIATE FORMAL LAFCO PROCEEDINGS TO ANNEX EIGHT ANNEXATION PARCELS COMPRISING 31 SEPARATE PROPERTIES (DISTRICT ANNEXATION 165) General Manager Charles Batts stated that, in the past year and a half, the Board has not approved any District annexations. During that period, District and LAFCO staffs have changed, and the State Board of Equalization has changed its requirements for maps. I District staff has been working with the State Board of Equalization, LAFCO, and the Contra Costa County Assessor's Office to develop new requirements for District annexation requests. Michael Penny, Associate Engineer in Environmental Services, gave a presentation on the current annexation process. He described the past and current process and what District has done to improve efficiencies and reduce costs. He stated that annexations were formerly handled in two stages, first presenting the proposed annexation to the Board and SUbsequently the actual annexation request. This was because there was significant time in between the annexation request and the final annexation. He stated that the District's goal is to clear up all requested annexations in the next 4-9 months, and submit new annexation requests to the Board every 2-6 months, depending on number of requests. He described the proposed annexation No. 165, which is comprised of 8 separate annexation areas in an area of Danville and Alamo, totaling 31 individual properties. Petitions have been received from 27, and the other four proposed properties are in the same area so no islands will be created. He described efforts staff has made to improve efficiency and reduce costs, including I reducing map costs. He stated that staff continues to work with LAFCO, the State Board of Equalization and County Assessor on the annexation process. It was moved by President Hockett and seconded by Member Menesini to adopt Resolution of Application 2005-069, initiating LAFCO proceedings for a change of organization for District Annexation No. 165. Motion passed by unanimous vote of the Board. 7 -21-05 --- ._-.........-._---~------~--_..---------_._..._._--,.._---- --- .-.-..---.-------- 269 b. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH CH2M HILL IN THE AMOUNT OF $150.000 IN CONNECTION WITH THE TREATMENT PLANT ODOR CONTROL FACILITIES PLAN UPDATE, DISTRICT PROJECT 7246 General Manager Charles Batts stated that the District completed its last odor control facilities plan in 1998. The 1998 plan developed an extensive list of recommendations which have been implemented where feasible. It is now the appropriate time to update the odor control facilities plan. He stated that it is important that the District take a proactive I approach to controlling odors to maintain good relations with neighbors and comply with regulations. Associate Engineer Don Berger presented a report on the background and scope of work for the recommended odor control facilities plan update to be completed by CH2M Hill. He stated that the District has an excellent plan for addressing odor control. He stated that the top three odor sources identified in the 1998 study were from the aeration basins/selector, the primary clarifiers, and the headworks. Since the last study, changes in the surrounding area include a new animal control facility, increased use of the Household Hazardous Waste facility, more traffic on Highway 4, the Conco Cement development, the potential development of the Kiewit property, and more demanding public and regulators. He described odor control improvements completed since the 1998 study, which include the addition of hydrogen peroxide at the headworks and to the centrate; the installation of fabric covers over the selector channel and the entrance to the aeration basins; optimizing the existing odor scrubbers; sealing of the sludge-blending tanks; installation of an odor- masking system at the primaries; installation of a new biofilter media at the sludge- thickening tanks, and the solids conditioning building ventilation project currently in progress. He described the odor-masking system, which sprays a scented mist over the tanks at certain times. I Mr. Berger went over the CH2MHill scope of work, which includes odor samplings, computer modeling to estimate off-site odors, evaluation of potential modifications to reduce odors and odor control technologies, and development of a list of prioritized recommendations. He stated that the project is anticipated to be completed by March, 2006. Member Menesini asked about the method used for measuring odor samplings. He requested more information conceming the model used by CH2MHiII. He asked that staff keep the Board informed during the project. It was moved by Member Menesini and seconded by Member Nejedly to authorize the General Manager to execute a Professional Engineering Services Agreement with CH2M Hill in the amount of $150,000 as recommended. Motion passed by the following vote of the Board: AYES: Member: Boneysteele, Lucey, Nejedly, Menesini ABSTAIN: None ABSENT: President Hockett 11. APPROVAL OF MINUTES: I Boardmembers voted to approve the minutes of June 16, 2005. Motion passed by the following vote of the Board: AYES: Members Boneysteele, Lucey, Nejedly, Menesini NOES: None ABSENT: President Hockett 7 -21-05 --~ 270 12. EMERGENCY SITUATIONS REQUIRING BOARD ACTION: None. 13. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS: None. 14. ADJOURNMENT There being no further business to come before the Board, President Pro Tem Menesini I adjourned the meeting at 3:50 p.m. P ident of the Board 0 Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: f;P fulJ - Q-- Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California I I 7-21-05 -------_._.~-~.._---~_._--,~---_._._--~-~------_._--~.---.--.--.----,-