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HomeMy WebLinkAboutBOARD MINUTES 04-06-06 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON APRIL 6, 2006 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, April 6, 2006. President Menesini called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Boneysteele, Hockett, Lucey (arrived at 2:50 p.m.), Nejedly, Menesini ABSENT: Membeffi: None a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance to the Flag. b. INTRODUCTIONS Purchasing Manager Jim Warrington introduced and Board Members welcomed newly-hired Buyer, Pamela McMillan. 2. PUBLIC COMMENTS There were no public comments. 3. CONSENT CALENDAR It was moved by Member Hockett and seconded by Member Boneysteele to approve the Consent Calendar, consisting of Items a. through d., to adopt resolutions, and to authorize recordings. Motion passed by the following vote of the Board: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Hockett, Nejedly, Menesini None Lucey a. Adopt Resolutions 2006-019 and 2006-020 authorizing execution and recording of quitclaim deeds for sewer easements (District Project No. 1560, Parcels 78 and 102), and authorize staff to record documents with the Contra Costa County Recorder. b. Adopt Resolution 2006-021 designating the General Manager, Director of Engineering and Environmental Services Division Manager as District agents to apply for and obtain state and federal disaster relief funds. c. Authorize the attendance of Harry Wyles, Buildings and Grounds Supervisor, at an Introduction to Supervision training in San Francisco, California, from April 17 -21, 2006, at a cost of $1,500. d. Approved a request for emergency withdrawal of funds from the Deferred Compensation Plan. 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. Book 54 - Page 126 Board Minutes of April 6, 2006 5. BIDS AND AWARDS a. AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $2.923.350 TO D.W. NICHOLSON CORPORATION AND AUTHORIZE A PROFESSIONAL SERVICES AGREEMENT NOT TO EXCEED $100.000 WITH MWH FOR THE CONSTRUCTION OF THE ULTRAVIOLET DISINFECTION EXPANSION PROJECT, DISTRICT PROJECT NO. 7240. APPROVE A SUPPLEMENTAL AUTHORIZATION QE.$4,184.000 FROM THE SEWER CONSTRUCTION FUND FOR THE TREATMENT PLANT PROGRAM OF THE 2005-06 CAPITAL IMPROVEMENT BUDGET General Manager Charles Batts stated that the original ultraviolet disinfection project installed UV equipment in six of eight hydraulic channels. The remaining two channels were reserved for future capacity. By installing UV equipment in the remaining two channels, effluent discharge capacity, which is dependent on the UV disinfection capacity, can be increased to 135 mgd from the current 100 mgd. This will greatly reduce the frequency of bypassing wastewater to the wet weather holding basins. District Project No. 7240 to install UV disinfection equipment in the remaining two channels was put out to bid on March 22, 2006. Senior Engineer Ba Than presented a report. He described the scope of the project, which will increase the UV disinfection capacity to 135 mgd. The project adds 6 banks of ultraviolet units in two reserved channels, which will allow greater final effluent flows. The Board previously approved payment of a license fee of $160,000 to Trojan Technologies, and authorized negotiations with IronBrook Partners to purchase ultraviolet equipment. Staff negotiated a $1,710,000 fixed price for the sole sourced ultraviolet equipment. Six bids were received for construction of the project, ranging from $2,932,350 to $3,520,500. The Engineer's Estimate was $3,550,000. The low bid was submitted by D.W. Nicholson Corporation. The total project cost is estimated to be $4,584,000, with a completion date of July 2007. He concluded his report, stating that staff recommends awarding the contract to D.W. Nicholson Corporation; approving a professional services agreement with MWH for construction support services; and approving a supplemental authorization of $4,184,000 from the Sewer Construction Fund for the Treatment Plant Program of the 2005-06 Capital Improvement Budget. It was moved by Member Hockett and seconded by Member Nejedly to authorize award of a construction contract in the amount of $2,932,350 for construction of the Ultraviolet Disinfection Expansion Project, District Project No. 7240, to D.W. Nicholson Corp.; to authorize the General Manager to execute a professional services agreement not to exceed $100,000 with MWH; and to approve a Supplemental Authorization of $4,184,000 from the Sewer Construction Fund for the Treatment Plant Program of the 2005-06 Capital Improvement Budget. Motion passed by the following vote of the Board: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Hockett, Nejedly, Menesini None Lucey 6. REPORTS a. GENERAL MANAGER 1) Underpayment of Sewer Service Charqe for Bav LandinQ Apartments. Las Juntas Street. Walnut Creek General Manager Charles Batts stated that, last month, District staff received a telephone call inquiring about the amount of the sewer service charges levied on the Bay Landing Apartments in Walnut Creek. Book 54 - Page 127 Board Minutes of April 6, 2006 c. SECRETARY OF THE DISTRICT No reports. d. BOARD OF DIRECTORS 1) Member Boneysteele, member of the Budget and Finance Committee, reported that the Committee reviewed the Expenditures and recommends approval. It was moved by Member Boneysteele and seconded by Member Hockett to approve the Expenditure List dated April 6, 2006, including Self Insurance Check Nos. 102307 to 102310, Running Expense Check Nos. 159888 to 160276, and Sewer Construction Fund Check Nos. 28521 to 28576. Motion passed by the following vote of the Board: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Hockett, Nejedly, Menesini None Lucey 2) Member Boneysteele presented a report of the March 23, 2006 Capital Projects Committee meeting. The Board accepted the report without comments. 3) Member Boneysteele presented a report of the March 30, 2006 Household Hazardous Waste Committee meeting. The Board accepted the report without comments. 4) President Menesini reported on his attendance at the Bay Planning Coalition Conference in Oakland and the Contra Costa Council Luncheon. 7. ADMINISTRATIVE a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A REPROGRAPHICS SERVICES AGREEMENT WITH XEROX CORPORATION FOR FIVE YEARS AT AN ESTIMATED TOTAL COST OF $1.475.400 General Manager Charles Batts stated that the District has been contracting out its reprographic services since 1996. During that time, the District has employed two different vendors to provide these services, including operation of a high-volume copy center, providing and maintaining copiers at 14 different locations throughout the District, and handling incoming and outgoing mail. The current vendor is the Xerox Corporation who has been providing these services since 2001. Their 5-year contract expires at the end of June 2006. A formal Request for Proposal process began in February, 2006. Communication Services Manager Harriette Heibel presented a report, and described the RFP process. She stated that District users were surveyed regarding current and future needs. The survey information was used in preparing the bid proposal. Eight interested vendors toured the copy center. There were three responsive vendors to the RFP: Pinnacle Document Solutions, Xerox Corporation, and Oce. Following a comprehensive evaluation process, interviews and on-site visits were held with two finalists, Xerox and Pinnacle Document Solutions. She concluded that staff recommends approval of a five- year agreement with Xerox Corporation. In response to a question from Member Boneysteele, Ms. Heibel responded that paper costs are separate. If extra copies are made outside the number included in the contract, extra charges apply. Member Lucey joined the Board meeting at 2:50 p.m. It was moved by Member Boneysteele and seconded by Member Hockett to authorize the General Manager to execute a Reprographics Services Agreement with Xerox Corporation for five years. Motion passed by the following vote of the Board: Book 54 - Page 129 Board Minutes of April 6, 2006 Upon review of the account, it was discovered that the District has been billing this complex for only half the units since fiscal year 1989-90. He stated that, in cases like these, it is District policy to collect the balance due for the current fiscal year and two prior years. Supervising Engineering Assistant Kurt Darner presented a report, stating that since 1989- 90 the District has been collecting only partial sewer service charges from the Bay Landing Apartments. He stated that the District has been collecting for 156 apartment units instead of the actual 360 apartments on the site. The agent of the owner called the District to inquire about the property tax bill amount, and informed the District at that time that the complex contained 360 units. Based on that information, the agent was informed that the District would investigate the matter. Mr. Darner explained how the error occurred, and added that staff has now checked all other apartment complexes for accuracy of unit counts. Ninety-three out of 95 of these complexes were accurate; one may be being overbilled by 6 units, and another underbilled by 7. Those billings date back to 1972, and staff is investigating the matter. He stated that District policy regarding billing errors such as those described is to collect the underpayment for the current year and the prior two years. Bay Landing Apartments will be billed for approximately $170,000. District Counsel Kent Aim confirmed that that is current District policy though the law allows for three years, but the Board may revise that if it wished. In response to questions, Mr. Darner stated that the ownership of the complex last changed in 1998. Member Hockett stated that she did not want the renters to be penalized for the District's error. Mr. Batts stated that the owner could pay the $170,000 over a period of time if they preferred. Member Nejedly stated that, in his opinion, requiring payment of the $170,000 is fair and equitable. Mr. Batts stated that he will report back to the Board on the outcome. He added that the inquiry by the owner's agent was a result of the property being prepared for sale. 2) General Manager Charles Batts announced the advertisement of Hall Drive Slide Repair, District Project No. 5868. 3) General Manager Batts announced the advertisement of HVAC Improvements Project, District Project No. 8205/7228. 4) General Manager Batts announced a 2.9 percent COLA increase for District employees effective April 18, 2006. 5) General Manager Batts formally announced his upcoming retirement on August 17, 2006. 6) General Manager Batts announced the Board Capital Budget Workshop on April 13, 2006. 7) General Manager Batts announced that Director of Engineering Ann Farrell will be Acting General Manager for the week beginning April 17, 2006; Director of Operations Jim Kelly will be acting General Manager May 3-8, 2006. b. COUNSEL FOR THE DISTRICT No reports. Book 54 - Page 128 Board Minutes of April 6, 2006 AYES: NOES: ABSTAIN: Members: Members: Members: Boneysteele, Hockett, Nejedly, Menesini None Lucey 8. ENGINEERING a. CONTINUE THE APRIL 6. 2006 HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY TO ACQUIRE EASEMENTS THROUGH 190 AND 194 STRENTZEL LANE, MARTINEZ. FOR THE ALHAMBRA VALLEY SEWER PROJECT. DISTRICT PROJECT NO. 5919. TO MAY 18, 2006 General Manager Batts stated that, on March 2, 2006, the Board scheduled a condemnation hearing for acquiring easements across 190 and 194 Strentzel Lane for today's Board meeting. Shortly after the hearing was scheduled, the National Park Service responded to the District's request for a right-of-way permit through the John Muir Gravesite property. The Park Service, in a letter dated March 7, 2006, stated that they would grant a right-of- way permit through the Muir gravesite property provided that the District complies with the environmental review requirements of the National Environmental Policy Act (also known as NEPA). The sewer alignment through the Park Service property is the preferred alignment for the Alhambra Valley Trunk Sewer. Staff is confident that they can comply with the NEPA requirements, as the sewer project has overwhelming positive environmental and public health benefits, and the construction impacts of the project are not significant and can be mitigated. The Park Service indicates that this process may take considerable time. Since the District will be working to obtain the right-of-way permit through the Park Service property, staff feels that it is appropriate to change the recommended Board action from "continue the condemnation hearing for the alternate sewer alignment until a later date" to cancel the condemnation hearing. Project Manager Alex Rozul presented a status report on the project, the NEPA process with the Park Service, and the impacts on the project schedule. He stated that the Park Service has indicated that the NEPA process will probably take 6-12 months to complete and cannot be expedited. The County went through a similar process with the Park Service, which took 15 months. Staff proposes to do part of the construction this year, and the remainder next year after completion of the NEPA process. Phasing the project will cause an increase in cost of approximately 10-15%. Most homeowners' connections will be delayed until after Phase 2 is completed. He described the public meeting held on March 27, 2006 with residents. Approximately 75 people attended, and the project status and anticipated schedule were discussed. Attendees supported the project and the alignment through the Park Service property. There was a high level of interest in a District-sponsored financing program. In response to a question from Member Hockett, Mr. Rozul responded that, in the event the NPS does not give final approval, Phase 1 can still be used for an alternate alignment. In that event, staff would proceed with condemnation of the two properties as originally planned. Member Nejedly stated that he was surprised that there were no objections to the delay from residents who attended the meeting. Member Lucey stated that the Board was originally told that the project would be completed this summer. He expressed concem at the delay, which he felt could go longer than 12 months. President Menesini commented that, since the County already completed a similar application for its storm drain at the same location, it might be of benefit to follow the same process as the County. Book 54 - Page 130 Board Minutes of April 6, 2006 It was moved by Member Hockett and seconded by President Menesini to cancel the April 6, 2006 hearing to consider adoption of a Resolution of Necessity to acquire easements through 190 and 194 Strenzel Lane, Martinez, for the Alhambra Valley Sewer Project, District Project No. 5919. Motion passed by the following vote of the Board: AYES: NOES: Members: Boneysteele, Hockett, Menesini Members: Lucey, Nejedly 9. HUMAN RESOURCES a. ADD ONE SENIOR HOUSEHOLD HAZARDOUS WASTE TECHNICIAN POSITION (G-62) IN THE ENVIRONMENTAL SERVICES DIVISION OF THE ENGINEERING DEPARTMENT General Manager Charles Batts stated that, due to the long-term illnesses of several household hazardous waste facility staff, a request for supplemental staffing is being made. It is requested that a third Senior HHW Technician position be added and filled until the current staffing situation is resolved. Long term, the intent is to return to current staffing levels at the facility. Member Lucey stated that the Household Hazardous Waste Committee reviewed the matter and supports the staff recommendation. It was moved by Member Lucey and seconded by Member Boneysteele to authorize the addition of one Senior Household Hazardous Waste Technician (G-62, $4,516 - $5,464) in the Environmental Services Division of the Engineering Department. Motion passed by unanimous vote of the Board. b. RECEIVE AND CONSIDER STAFFING PLAN. FISCAL YEAR 2006-2007 General Manager Charles Batts stated that staff is proposing to add six positions in the coming year at an approximate cost of $890,000. The Operations Department is requesting two additional Maintenance Crew Member 1111's at eso to constitute another crew for either cleaning or construction and one Pumping Stations Operator 1111. The Operator will be hired in advance of a future retirement to facilitate training. When the retirement occurs, it is proposed that the vacant position will be deleted. In Plant Operations, it is proposed to hire an additional Plant Operator 1/11 for training in advance of future retirements. Again, when the vacancy occurs, it is proposed to delete the Operator position. The Engineering Department is proposing to add a Senior Source Control Inspector and one Senior Engineering Assistant. The Inspector is necessary to handle the increased workload of the new commercial sectors such as vehicle maintenance facilities, dentist and dry cleaners, as well as mercury, copper and lead abatement. Also, the new Sanitary Sewer System overflow requirements will intensify the need for grease control and inspections of restaurants. The second request for Engineering is an additional Senior Engineering Assistant to handle the growing backlog of right-of-way and easement work, and reduce the need to hire of right-of-way consultants. Finally, staff is requesting authorization to hire up to ten Co-Op students. This is the same number of Co-Ops as last year. It was moved by Member Boneysteele and seconded by Member Hockett to approve the Staffing Plan for inclusion in Fiscal Year 2006-2007 Budget. Motion passed by unanimous vote of the Board. c. AUTHORIZATION TO HIRE SEASONAL EMPLOYEES General Manager Charles Batts stated that staff is also requesting authorization to hire up to twenty-six seasonal employees to cover vacations and provide additional assistance during the summer months and holidays. Book 54 - Page 131 Board Minutes of April 6, 2006 It was moved by Member Boneysteele and seconded by Member Nejedly to authorize the hiring of 26 students for seasonal employment. Motion passed by unanimous vote of the Board. d. ADOPT A POLICY ON HIRING DISTRICT RETIREES General Manager Charles Batts stated that the Board has been asked by the Budget and Finance Committee to hold this issue over. The Committee has asked to review the alternatives again before they make a recommendation to the Board. Member Hockett inquired why the matter was being deferred. She expressed concern regarding the proposed policy, and objected to the implication that the current process is not "transparent". She stated that, in her opinion, District staff has made good decisions regarding the hiring of retirees over the years, and she did not feel it appropriate to micromanage the administration of the District. The item was continued to a future meeting at the request of the Budget and Finance Committee to allow the Committee the opportunity for further review. e. RECEIVE REPORT ON RETIREMENT SURVEY General Manager Charles Batts stated that the MOU's negotiated for MS/CG and Local One require the District to conduct an internal survey of retirement formulas in the third year of the contract. The intent of the survey language was to report the findings to the Board and the bargaining units. There is no obligation for the Board or the bargaining units to meet and confer, or to change the retirement formula unless all parties mutually agree to do so. Human Resources Manager Cathryn Freitas summarized the findings of the survey. She described the three types of retirement plans used, and presented the retirement rates of East Bay Municipal Utility District (EBMUD), Contra Costa Water District, Union Sanitary District, Delta Diablo Sanitary District and Dublin San Ramon Sanitary District. She described the bases for determining salary and discussed the employer and employee contributions by percent of salary. She compared each agency's sick leave credits, vacation buy-out policies, and social security contributions. Retiree benefits, cost of living, longevity pay and deferred compensation contributions were also compared. She concluded that, considering all factors, the District ranks fifth out of the 6 agencies for basic salary at retirement, and third out of six for enhanced retirement benefits. She concluded that staff recommends taking no further action on the survey at this time. 10. REAL PROPERTY a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A FIVE-YEAR LEASE AGREEMENT WITH COUNTY QUARRY PRODUCTS, LLC. FOR A CLEAN FILL OPERATION ON PROPERTY LOCATED OFF IMHOFF DRIVE General Manager Charles Batts stated that the District solicited proposals for a 'clean fill' operation lease of the Kiewit property. The proposed lease will allow a private party the use of the parcel as a 'clean fill' receiving site for the purpose of obtaining revenue and to improve the site for possible future uses. Three proposals were received from Evans Brothers, Ghilotti Brothers and County Quarry. A public hearing was held at the August 11, 2005 Board meeting declaring the leasing of the property compatible with District operations and a Mitigated Negative Declaration and Monitoring and Reporting Program was adopted. The Board directed staff to negotiate with County Quarry. Staff reached agreement with County Quarry consistent with the Board's expectations of receiving a net revenue of approximately $1 million over a five-year period. Director of Administration Randy Musgraves presented a report, summarizing the contract. He stated that the Board adopted a resolution on June 2, 2005 declaring that the property was not necessary for District business at that time. He described the qualifications of County Quarry, and summarized the terms of the lease agreement. He stated that County Book 54 - Page 132 Board Minutes of April 6, 2006 Quarry has also expressed interest in leasing property on the Kiewit site for truck staging, which would be a separate contract from the clean fill lease agreement. It was moved by Member Nejedly and seconded by Member Lucey to authorize the General Manager to execute a five-year lease agreement with County Quarry Products, LLC, for a clean fill operation on property located off Imhoff Drive. Motion passed by unanimous vote of the Board. 11. APPROVAL OF MINUTES a. MINUTES OF MARCH 2. 2006 It was moved by President Menesini and seconded by Member Hockett to approve the minutes of March 2, 2006. Motion passed by unanimous vote of the Board. 12. BUDGET AND FINANCE a. RECEIVE FEBRUARY 2006 FINANCIAL STATEMENTS Director of Administration Randy Musgraves presented a brief report on the February 2006 Financial Statements, including the status of the Running Expense Fund, Sewer Construction Fund, and Temporary Investments. 13. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 14. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None. 15. CLOSED SESSION: The Board recessed at 3:42 p.m. to reconvene in Closed Session in the Caucus Room regarding Personnel Matters pursuant to Section 54957 of the Government Code - Public Employment - Title: General Manager. The closed session regarding labor negotiations was not held. 16. REPORT OF DISCUSSIONS IN CLOSED SESSION None. 17. ADJOURNMENT There being no further business to come before the Board, President Menesini adjourned the meeting at 4:12 p.m. ~ President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: ~c?_ Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Book 54 - Page 133