HomeMy WebLinkAboutBOARD MINUTES 05-04-06
MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD ON MAY 4, 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, May 4, 2006.
President Menesini called the meeting to order and requested that the Secretary call roll.
1. ROLL CALL
PRESENT: Members: Boneysteele, Hockett, Lucey, Nejedly, Menesini
ABSENT: Membeffi: None
a. PLEDGE OF ALLEGIANCE TO THE FLAG
Board and staff joined in the Pledge of Allegiance to the Flag.
2. PUBLIC COMMENTS
There were no public comments.
3. AWARDS AND COMMENDATIONS
a. University of the Pacific Co-Op Emplover of the Year Award
Acting General ManagerlDirector of Operations Jim Kelly stated that the University of the
Pacific School of Engineering and Computer Science has recognized the District as their
Employer of the Year.
Human Resources Manager Cathryn Freitas introduced Human Resources Assistant Judy
Rivers, who works with the University of the Pacific and who received the award on behalf of
the Board. She commended Judy for all her hard work and accomplishments.
President Menesini accepted the award.
4. CONSENT CALENDAR
a. Set public hearing on May 18, 2006, to receive public comment on the Draft Fiscal
Year 2006-07 Capital Improvement Budget/2006 10-Year Capital Improvement Plan
document.
b. Set public hearings on June 1, 2006, to receive public comment on the fiscal year
2006-2007 Operations and Maintenance Budget, Debt Service Fund Budget and the
Self-Insurance Fund Budget and for the establishment of the Fiscal Year 2006-2007
Sewer Service Charge Rates, and on the collection of current Sewer Service
Charges and prior year delinquent charges by placing them on the County Tax Roll.
It was moved by Member Boneysteele and seconded by Member Hockett to approve the
Consent Calendar, consisting of Items a. and b. Motion passed by unanimous vote of the
Board.
5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
None.
Book 54 - Page 147
Board Minutes of May 4, 2006
6. BIDS AND AWARDS
a. AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO MCGUIRE AND
HESTER AS THE LOWEST RESPONSIVE BIDDER IN THE AMOUNT OF
$3.232.200 FOR THE M-4A FORCEMAIN RECONSTRUCTION, DISTRICT
PROJECT NO. 5410
Acting General Manager/Director of Operations Jim Kelly stated that the District received
three bids for the M4-A Force Main Reconstruction Project. McGuire and Hester was the
lowest responsive bidder with a bid of $3,232,200. The Engineer's Estimate for the project
was $2.1 million.
Principal Engineer Tad Pilecki provided an overview of the project and a brief analysis of the
bid results. He said that the District annexed the City of Martinez into our service area in
1967 and in 1970 the Martinez pump station, Fairview pumping station and Maltby Pumping
Station and associated force mains and gravity lines were put into service. The M-4A force
main comes out of the Fairvew pumping station, and is located just east of 680 along
Waterfront Road. Some of the joints are leaking and deteriorating, and tidal action has
accelerated this deterioration. Because the pipeline is located above grade adjacent to the
roads, there is significant exposure to traffic also. Project challenges include that the
construction must be done at night, there are numerous fuel lines in close proximity, the
probability of contaminated soils, and influences from Bay mud and tides. Location of the
fuel lines is unclear as the refineries will not release in advance the exact location.
He stated that three bids were received, ranging from $3,232,200 to $3,858,000. The
Engineer's Estimate was $2,100,000. Factors affecting the higher bids include additional
costs associated with safety issues, double handling of contaminated soil due to nighttime
construction, fuel cost increases, and backfill materials not being readily available.
He concluded that staff recommends awarding the construction contract to McGuire and
Hester in the amount of $3,232,000.
In response to a question from Member Nejedly, Mr. Pilecki responded that the option of
relocating the line was explored but that it cannot easily be relocated.
Member Boneysteele asked questions regarding flow in pressurized pipes.
It was moved by Member Boneysteele and seconded by Member Hockett to award the
construction contract to McGuire and Hester as the lowest responsive bidder in the amount
of $3,232,200 for the M-4A Forcemain Reconstruction, District Project No. 5410. Motion
passed by unanimous vote of the Board.
7. ITEMS HELD OVER FROM PREVIOUS BOARD MEETINGS
a. ADOPT A POLICY ON HIRING DISTRICT RETIREES
Director of Administration Randy Musgraves presented a report, stating that, the Budget and
Finance Committee requested the staff to prepare alternative policies for hiring District
retirees. Mr. Musgraves stated that in December 2002 the Committee had discussed hiring
or contracting with retirees, including drafting of a policy. The policy was never brought to
the full Board for discussion or direction. The Board has several options for hiring retirees,
including requiring Board approval, Board review or notification, or delegating the authority
to the General Manager. The Board may also delegate the responsibility for authorizing the
hiring of retirees to a Board Committee. The Budget and Finance Committee has reviewed
the options and recommends that the full Board make a determination.
Mr. Musgraves also requested that, at a future Board meeting, the Board approve Check
No. 28449 for $10,000 for payment to Dan Cortinovis.
Member Lucey stated that it is his recommendation that the General Manager be authorized
to hire retirees but be required to notify the Board through an announcement.
Book 54 - Page 148
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Board Minutes of May 4, 2006
Member Hockett stated that she does not feel that Board notification is necessary and that
the General Manager should be authorized to hire retirees without Board notification.
Member Boneysteele concurred with Member Lucey's recommendation, stating that the
Board should be notified when retirees are hired. He opposed the option of delegating that
authority to a Committee, stating that, in his opinion, it is a violation of the Brown Act.
It was moved by President Menesini and seconded by Member Boneysteele to direct staff to
prepare a District policy and procedure for hiring District retirees, authorizing the General
Manager to hire retirees but requiring him to notify the Board through an announcement
when one is hired, for Board approval at the May 18, 2006 Board meeting. Motion passed
by the following vote of the Board:
AYES:
NOES:
Members:
Members:
Boneysteele, Lucey, Nejedly, Menesini
Hockett
8. REPORTS
a. GENERAL MANAGER
1 ) CONCO Development Update
Acting General ManagerlDirector of Operations Jim Kelly stated that Conco Cement
recently received a grading permit for its proposed industrial development on
property to the north of the treatment plant. Access to the Conco property is by way
of a gravel road across a portion of the treatment plant property. Before Conco can
begin construction of utilities and road improvements to serve their property, they
must purchase additional road and subsurface easements from the District.
Environmental Services Division Manager Curt Swanson stated that Conco has its
grading permit and is in the process of obtaining a building permit from the County for
development of the former IT Baker site. US Development's plan for a concrete
batch plant on the site has stalled and is not scheduled for development at this time.
He stated that Conco and the other property owners will need additional easements
from the District for utilities or to meet conditions of the land use permits issued by
the County. Conco needs additional easements for the overburdening of the existing
road, an additional road easement to extend the width, underground easements for
water and sewer pipelines, and a quitclaim for specific access easements on Conco
property.
In response to a question from President Menesini, Mr. Swanson responded that
"overburden" means an increase in traffic to 340 trips per day into or out of Conco's
complex. If US Development had proceeded with its batch plant, it would have
added another 410 trips per day.
Other issues of concern are the need to have Contra Costa Topsoil relocate some of
their material, and the business disruption to Contra Costa Topsoil during the
construction of the road.
Director of Administration Randy Musgraves stated that staff met with Mr. Obert
Einevoll of Contra Costa Topsoil. Mr. Einevoll indicated that he will relocate his dirt
piles. He would like to reserve his request to relocate his operation to the Kiewit site,
but acknowledged that that would be an expensive move. He stated that Mr. Einevoll
indicated that he would like to see what the impact is first and continue to work with
staff.
In response to a question from Member Nejedly, Mr. Musgraves stated that Mr.
Einevoll has been informed that it is not in the interests of the District to pay for his
relocation. Mr. Musgraves stated that he assured Mr. Einevoll that staff will work with
him if he wishe.s to move to the Kiewit site.
Book 54 - Page 149
Board Minutes of May 4, 2006
Mr. Swanson stated that Conco's position is that they have a 34-foot wide easement
which will be sufficient for their needs and will not cause any interference with Contra
Costa Topsoil's operations. The estimated cost of relocating Contra Costa Topsoil to
the Kiewit property is in the region of $640,000.
Mr. Swanson stated that Conco has asked for a possible exchange of property rights.
The District may be interested in upgrading the outfall easement and widening it from
80 to 100 feet; adding protective restrictions to the M-2 forcemain easement;
obtaining effluent discharge easements; and obtaining broader access easement to
Conco property.
District Counsel Kent Aim announced that a closed session is scheduled at the end
of the meeting to discuss the matter further if the Board wishes.
2) Collection Svstem Operations (CSO) Facilitv Update
Director of Engineering Ann Farrell presented a status report on the CSO facility and
gave a brief history of the project. Broad alternatives were developed and discussed
in April 2005, including the possibility of moving the facility to Martinez. After further
analysis and traffic studies, it was recommended that Alternative 004, construction of
a new building on the existing site, was the best alternative. At that point, staff began
discussing the Caltrans lease option and improvements of the yard as a separate
project, including rebuilding the failing retaining wall. The 80ard approved this
project for CEQA permitting on March 16, 2006.
She stated that staff has looked at the square footage of the proposed building and
feels confident that the identified needs are being met. She showed slides of the
floor plan for Alternative 004B, stating that the square footage for the men's locker
room is three times larger than in the existing building, and the women's locker room
will include a new mud room and will increase from 160 square feet to 985 square
feet.
The crew room, training room and lunchroom stay about the same, as they are
currently adequate. She stated that the main difference between Alternatives 004A
and 0048 is the consolidated training room and crew room. She stated that the
fitness center has been reduced a little in size but staff may try to add some space
back as the design is refined. Engineering staff will be in the main building as the
Ducca house will be demolished. If additional space is needed in the future,
Engineering staff could possibly be moved elsewhere. She concluded her report,
stating that the building proposed in Alternative 0048 will be about 70% bigger than
the current building.
Collection System Operations Manager Bill 8rennan provided additional information
about Alternative 0048 and compared it with the current building. He stated that the
priorities are the locker rooms, the crew room, the warehouse, and a dedicated area
for electronics. The men's locker rooms in Alternative 004B are suitable for 60 staff,
and the women's for 10. He stated that the plan seems to be adequate for the
foreseeable future. He explained the layout and design of the Alternative 0048,
stating that it is only a conceptual plan and will be developed further to optimize
construction materials and space allocation. He summarized his report, stating that
Alternative 0048 addresses the key issues; must be more flexible to meet future
needs; must be optimized to improve space use; and must be further developed to
ensure the most cost-effective construction methods and materials. Staff is asking
for conceptual agreement to further develop Alternative 0048 and to come back to
the 80ard with a position paper for implementation.
Member Hockett expressed concern that Alternative 0048 still only has two showers
in the women's locker room. This does not support the District's goal of attracting
more women to CSO. She stated that she prefers Alternative 004A rather than 0048,
which better meets the needs of the CSO staff and the District.
Book 54 - Page 150
Board Minutes of May 4, 2006
President Menesini stated that progress has been made. He stated that an attractive
and modern facility will be built, and a suitable plan will be developed that meets the
needs of the District.
Member Boneysteele stated that he concurred with comments made by Member
Hockett. He agreed that two showers in the women's locker room is not enough. He
described his visit to Burlingame, and reiterated his concern that there be adequate
meeting rooms. He also expressed a preference for Alternative 004A.
Member Lucey stated that he prefers Alternative 004B. He concurred with Member
Hockett regarding needing more showers in the women's locker room. He thanked
the Ad Hoc Committee members for their work on the project.
President Menesini commented on the field trip to Burlingame and thanked staff for
arranging it.
Acting General Manager/Director of Operations Jim Kelly stated that staff will revisit
Alternatives 004A and 004B and review the size and content of the women's locker
room. The matter will be brought back for Board consideration at an upcoming
meeting.
3) GASB 45 Update.
Acting General ManagerlDirector of Operations Jim Kelly stated that at the Board
meeting of April 20, 2006, Controller Debbie Ratcliff made a presentation on GASB
45 which requires determining the unfunded liability for retiree health benefits and the
three funding options available to the District. Also, staff discussed the pros and
cons of each option. The Board had some questions that required further research.
He stated that Attorney Lee Trucker from Trucker Huss is present to review the
funding options, discuss the steps involved in setting up a GASB 45 trust, and to
answer the outstanding questions.
Controller Debbie Ratcliff introduced Mr. Trucker. She stated that the Board will be
asked on June 1, 2006 if it wishes to set aside funds to cover future retiree health
benefits. The decision on how to set up the funds can be made at a later date.
Mr. Trucker stated that many agencies, including BART, have set up trusts for future
retiree health benefits. The key issue is whether the District is going to start pre-
funding future retiree health benefits, or use the "pay as you go" approach. If it is
determined that funds are going to be set aside, then a decision must be made as to
how the funds will be held. He discussed the pros and cons of establishing a trust
versus a dedicated reserve.
With regard to the question of appointment of trustees, Mr. Trucker stated that it is up
to the Board to decide who to appoint. The trustees implement the investment policy
approved by the Board. He stated that he also recommends annual audits of the
account are required along with annual reports to the Board. At that time, the Board
can change the investment policy or change the trustees.
Member Lucey stated that his preference is the "pay as you go" approach or to set
aside reserves.
Director of Administration Randy Musgraves stated that the actuary's calculations
showed that the District would have to save $92 million at 3% rate of return, or $59
million at 5% rate of return, over 30 years.
Member Boneysteele concurred with Member Lucey, supporting the "pay as you go"
approach. He stated that he does not support the hiring of an investment manager.
Mr. Kelly stated that the Board will be asked to make a decision at its June 1, 2006
meeting regarding whether or not to start setting aside funds for post retirement
health benefits.
Book 54 - Page 151
Board Minutes of May 4, 2006
4) Acting General Manager/Director of Operations Jim Kelly announced that staff
intends to advertise for bids for the A-Line Interceptor Rehabilitation Project,
District Project 5806, starting on May 12, 2006.
This project will repair approximately 40 defects in the PVC lining of the A-Line
Interceptor within the cities of Martinez and Walnut Creek. The scope of work
includes a general cleaning of the lines to be repaired, bypassing, dewatering,
repairing existing PVC linings, coating of slide gates, and testing.
The project is scheduled to start on August 1, 2006, and the contractor is
being given 60 days to complete the work. The Engineer's Estimate for the
work is $500,000.
5) Acting General ManagerlDirector of Operations Jim Kelly announced that, on
Saturday, May 20,2006, the District will conduct a mobile household
hazardous waste collection event in San Ramon. The event will be held at the
San Ramon Services Center on Crow Canyon Road. It is the only mobile
event the District has scheduled for this fiscal year. Electronic waste is not
included in this event. Around 500 appointments are anticipated. Philip
Services Corporation will schedule the appointments, set up and dismantle the
site, and provide the labor needed to collect and properly manage wastes
collected. District staff will also be in attendance.
6) Acting General ManagerlDirector of Operations Jim Kelly announced that, with
regard to the Alhambra Valley Sewering Project, District Project No. 5919,
staff met with National Park Service staff to develop a list of tasks and
schedule for completing the environmental review process required to comply
with the National Environmental Policy Act. The schedule calls for completion
of the NEPA process by December 15, 2006 if the environmental review
process finds there is no significant impact. Public meetings related to the
NEPA review process are expected to be held in early July and October.
Within 60 days after the NEPA process has been completed, the Park Service
is expected to issue a right-of-way permit for construction of the trunk sewer
across the John Muir National Historic Site.
He stated that, as the Board was advised at the April 4, 2006 meeting, the
trunk sewer will be constructed in two phases. The beginning and end
sections of the sewer will be constructed this summer and fall. The middle
piece of the sewer through the Park Service property is expected to be
constructed in 2007.
7) Acting General ManagerlDirector of Operations Jim Kelly announced that the
District has received a grant of $72,000 from the Bay Area Air Quality
Management District for the installation of particulate filters on heavy duty
vehicles. The filters remove diesel particulates, which have been identified as
carcinogenic. About 14 of the District's fleet of rodders, hydro trucks, and
dump trucks will be fitted with the filters. The filters are required as part of the
California Air Resources Board's Risk Reduction Plan, and this grant will cover
a substantial portion of the cost.
8) Acting General ManagerlDirector of Operations Jim Kelly announced that the
South Quad Clarifier NO.4 was damaged in August 2005. The District and the
contractor agreed to a scope of work for the repairs and to a 50/50 cost
sharing on the repair costs. A settlement agreement was signed in January
2006. The District's cost ceiling is $187,176.
Work began in January 2006, and the clarifier mechanism repair was
completed by the end of March. The slab replacement was completed in April
and the clarifier was turned over to Operations on Monday, May 1, 2006.
9) Acting General Manager/Director of Operations Jim Kelly announced that
there will be a public workshop for the North Orinda Sewer Renovation
Book 54 - Page 152
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Board Minutes of May 4, 2006
Project, Phase 2 on Thursday, May 25,2006, at 7:00 p.m. in the Garden
Room at the Orinda Library at 24 Orinda Way in Orinda. The project consists
of the renovation of existing 6, 8, and 10 inch sewers in 17 locations and spot
repairs in another 9 locations. Approximately 13,500 feet of sewer will be
renovated using open cut, pipe bursting, and directional drilling construction
methods. The majority of the work is on private property easements.
10) Acting General ManagerlDirector of Operations Jim Kelly announced that the
District participated in the April 22, 2006 Earth Day Festival at the John Muir
National Historic Site in Martinez. The Central San display and handouts
focused on pollution prevention and promoted the HHW Collection Facility.
11) Acting General ManagerlDirector of Operations Jim Kelly announced that, on
May 3,2006, the State Water Resources Control Board adopted General
Waste Di,scharge Requirements for all publicly-owned sanitary sewer
collection systems in California by a 2-1 vote. The non-NPDES waste
discharge requirements prohibit all sanitary sewer overflows that reach the
waters of the United States, or that create a nuisance as defined in the Water
Code.
b. COUNSEL FOR THE DISTRICT
District Counsel Kent Aim announced that a closed session is scheduled to be held at the
conclusion of the regular agenda.
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 recommends approval. It was
moved by Member Lucey and seconded by Member Boneysteele to approve
the Expenditure List dated May 4,2006, including Self Insurance Check Nos.
102315 to 102318, Running Expense Check Nos. 160476 to 160646, and
Sewer Construction Fund Check Nos. 28602 to 28631. Motion passed by
unanimous vote of the Board.
2) Member Nejedly reported on the April 25, 2006 Ad Hoc CSO Committee
meeting. He stated that two items were reviewed: the alternative layouts of
the proposed CSO building and the status of the Caltrans lease project. He
stated that the Committee felt the Caltrans lease project should proceed as
planned, including addressing the failing retaining wall. He stated that, in the
past, he has supported additions to staff at the CSO and agrees there is a
need for a new facility. He stated that he hopes the Board can work together
on a suitable design, and that he is prepared to vote on a conceptual plan,
setting aside some final design decisions such as ensuring the installation of
adequate showers.
President Menesini concurred with Member Nejedly's comments and the need
to proceed in a constructive manner.
3) Member Hockett reported on her attendance at the April 26-29, 2006
California Association of Sanitation Agencies (CASA) Conference.
4) President Menesini announced the upcoming Environmental Alliance meeting
on May 15, 2006 regarding the 1906 Earthquake: Lessons Learned, Lessons
Forgotten, and New Directions.
Book 54 - Page 153
Board Minutes of May 4, 2006
9. ENGINEERING
a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH
DODSON ENGINEERS IN THE AMOUNT OF $90.000. TO PROVIDE
PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF THE WET
WEATHER BYPASS IMPROVEMENTS PROJECT. DISTRICT PROJECT NO. 7241
Senior Engineer Ba Than presented a report. He stated that staff is requesting that the
Board authorize the General Manager to execute a professional engineering services
agreement with Dodson Engineers in the amount of $90,000 for the design of the Wet
Weather Bypass Improvements Project, District Project No. 7241. He described the project,
which will install a new overflow structure from Basin B to Walnut Creek. With the upcoming
expansion of the UV Disinfection Facilities, the peak wet weather flow capacity will be
approximately 135 mgd. The emergency wet weather bypass system needs to have
sufficient capacity to convey an additional 175 mgd, due to the possible peak flow of 310
mgd created by 25-year storms. He described the design issues, which include determining
the size of the structure, number and size of gates, and type of culvert pipe. Coordination
with outside agencies will also be necessary. The project will be designed through
December 2006, with bids scheduled to be open in February 2007. The project will begin in
May 2007 and is anticipated to be completed by October 2007. The preliminary estimate for
the project is $1.2 million, and this will be re-evaluated during the design phase.
It was moved by Member Lucey and seconded by Member Hockett to authorize the General
Manager to execute a professional engineering services agreement with Dodson Engineers
in the amount of $90,000, for the design of the Wet Weather Bypass Improvements Project,
District Project No. 7241. Motion passed by unanimous vote of the Board.
10. APPROVAL OF MINUTES
a. MINUTES OF APRIL 6. 2006
It was moved by Member Hockett and seconded by Member Boneysteele to approve the
minutes of April 6. 2006. Motion passed by unanimous vote of the Board.
11. BUDGET AND FINANCE
a. RECEIVE MARCH 2006 FINANCIAL STATEMENTS
Controller Debbie Ratcliff presented a brief report on the March 2006 Financial Statements,
including the status of the Running Expense Fund, Sewer Construction Fund, and
Temporary Investments.
12. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None.
13. ANNOUNCEMENTSISUGGESTIONS FOR FUTURE AGENDA ITEMS
None.
14. CLOSED SESSION
The Board recessed at 4:26 p.m. to reconvene in Closed Session in the Caucus Room
regarding:
a. Conference with Legal Counsel on existing litigation pursuant to Section 54956.9 (a)
of the Government Code - Suzanne Renee Brown vs. Central Contra Costa Sanitary
District, et al - Contra Costa County Superior Court Case No. C05-00416.
b. Conference with real property negotiators Kenton L. Aim, Randall M. Musgraves, Ann
Farrell, and Curt Swanson pursuant to Section 54956.8 of the Government Code.
Book 54 - Page 154
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Board Minutes of May 4, 2006
· Negotiations with Ron Askham of CONCO Cement concerning
negotiations for easements across District property -APN 159-140-057
and APN 159-140-042.
15. REPORT OF DISCUSSIONS IN CLOSED SESSION
None.
16. ADJOURNMENT
There being no further business to come before the Board, President Menesini adjourned
the meeting at 5:05 p.m.
~
Pre . ent of the Board of . ector ,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
~JtpeK "
Secretary of the Central Contra Costa
Sanitary District, County of Contra Costa,
State of California
Book 54 - Page 155