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HomeMy WebLinkAboutBOARD MINUTES 07-06-06 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 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, July 6, 2006. President Pro Tem Nejedly called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Boneysteele, Hockett, Lucey, Nejedly ABSENT: Members: Menesini a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance to the Flag. b. INTRODUCTIONS Board Members welcomed newly-hired Materials Coordinator, Doug Johnson, and newly- hired Maintenance Coordinator I, James Olympia. They congratulated Lance Miller on his promotion to Engineering Assistant III and Brenda Wener on her promotion to Engineering Assistant III. 2. PUBLIC COMMENTS None. 3. CONSENT CALENDAR It was moved by Member Hockett and seconded by Member Lucey to approve the Consent Calendar, consisting of Items a. through h., to adopt resolutions, and to authorize recordings. Motion passed by the following vote of the Board: AYES: Members: Boneysteele, Hockett, Lucey, Nejedly NOES: Members: None ABSENT: Members: Menesini a. Adopt Resolution 2006-039, consenting to an offer of dedication of public roads, Job 5725, Parcels 1 and 2. b. Adopt Resolution 2006-040 and 2006-041, accepting a grant of easement (District Project No. 5929, Parcel 12) authorizing execution of a quitclaim deed to Steven and Barbara Little (2144 Stewart Avenue, Walnut Creek, District Project No. 1589, Parcel 2), and authorize staff to record documents with the Contra Costa County Recorder. c. Adopt Resolution 2006-042 and 2006-043, accepting a grant of easement (District Project No. 5929, Parcel 13), authorizing execution of a quitclaim deed to the MacArthur Gordon Trust (2148 Stewart Avenue, Walnut Creek, District Project No. 1589, Parcel 3), and authorize staff to record documents with the Contra Costa County Recorder. d. Adopt Resolution 2006-044, accepting a grant of easement from Timothy F. M. Brown and Diane Seaborn Brown (District Project No. 5661, Parcel 7), and authorize staff to record documents with the Contra Costa County Recorder. Book 54 – Page 180 Board Minutes of July 6, 2006 e. Adopt Resolution 2006-045, approving real property agreement with the Ascot Heights Homeowners’ Association for Tract 4122, Lot A, Common Area, Job No. 2068, Moraga, and authorizing execution and recording of the agreement with the Contra Costa County Recorder. f. Advise the Board of the closeout of the Pumping Stations Supervisory Control and Data Acquisition Project, District Project No. 6127. g. Advise the Board of the closeout of the Piping Renovations and Replacement Project, Phase 2, District Project No. 7208. h. Adopt Resolution 2006-046, confirming publication of a summary of District Ordinance No. 240 – An Ordinance (Uncodified) to Establish Reimbursement Fee Applicable to Properties that Directly Connect to Job 5738 (South Avenue, Alamo) Standard Sewer Facilities. 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Items 5.b. and 8.a. were taken out of order and considered together. 5. BIDS AND AWARDS a. AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $2,484,000 TO KJ WOODS CONSTRUCTION, INC., THE LOWEST RESPONSIVE BIDDER, FOR THE NORTH ORINDA SEWER RENOVATIONS, PHASE 2, DISTRICT PROJECT NO. 5833, AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE CONTRACT DOCUMENTS General Manager Charles Batts stated that bids for the project were opened on June 27, 2006. This is the second of four phases of sewer renovations in the North Orinda area and is part of the District’s ongoing collection system renovation program. Associate Engineer Dana Lawson stated that the project consists of 20 sites where sewer lines will be replaced, including 15 spot repairs. A total of 10,500 feet of pipe will be replaced. Eighty percent of the project will utilize trenchless technology. She showed maps and photographs of some of the project sites. She stated that the Engineer’s Estimate is $2,300,000 and three bids were received. The low bid was submitted by K.J. Woods in the amount of $2,484,000. The project is scheduled to begin late July 2006 and be completed by February 2007. In response to questions from Board Members, Ms. Lawson responded that pipe bursting generally costs less than open cut replacement methods. It was moved by Member Hockett and seconded by Member Lucey to award the construction contract in the amount of $2,484,000 to K. J. Woods Construction, Inc., the lowest responsive bidder, for the North Orinda Sewer Renovations, Phase 2, District Project No. 5833, and to authorize the General Manager to execute contract documents. Motion passed by the following vote of the Board: AYES: Members: Boneysteele, Hockett, Lucey, Nejedly NOES: Members: None ABSENT: Members: Menesini b. AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $1,554,280 TO MOUNTAIN CASCADE, THE LOWEST RESPONSIVE BIDDER, FOR THE ALHAMBRA VALLEY TRUNK SEWER, PHASE 1, DISTRICT PROJECT NO. 5919, AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE CONTRACT DOCUMENTS Book 54 – Page 181 Board Minutes of July 6, 2006 8. ENGINEERING a. ADOPT A RESOLUTION OF APPLICATION TO INITIATE FORMAL LAFCO PROCEEDINGS TO ANNEX ONE ANNEXATION PARCEL COMPRISING 205 SEPARATE PROPERTIES (DISTRICT ANNEXATION 168) Items 5.b. and 8.a. were considered together. General Manager Charles Batts stated that, on June 20, 2006, the District opened bids for construction of the first phase of the Alhambra Valley Trunk Sewer. The Phase 1 trunk sewer consists of 3,200 feet of ten- and twelve-inch gravity sewer. The bids were slightly higher than the engineer’s estimate for this portion of the project. After a review of the bids, staff recommends that the District proceed with construction of the Phase 1 trunk sewer. Mr. Batts stated that, with regard to the annexation, in order to avoid piecemeal annexation of the properties in the area, staff is proposing to annex all properties that could connect to the truck sewer and likely sewer main extensions off of the trunk sewer. Environmental Services Division Manager Curt Swanson presented an overview of the project, stating that it is split into two phases. Phase 1 includes 3,200 feet of 10- and 12- inch trunk sewer, with 31 lateral extensions. Phase 2 includes 2,800 feet of trunk sewer with 36 lateral extensions. The total project cost for Phase 1 is approximately $2,543,000 and for Phase 2 it is estimated to be $1,475,000, for a total project cost of $4,018,000. This reflects a cost increase of $1,618,000, due to high oil costs, the price of raw materials, and the current bid climate where there is an excess of pipeline work. Other increased costs include legal costs for property acquisition, the phasing of the project, lateral extensions, and costs associated with the change from an aerial to a siphon creek crossing. The total cost increase is expected to be between $1.5 and $2 million. Homeowner sewer costs ranged from $26,000-$32,000 per home for a $2.4 million project, and have increased to $30,000-$60,000 for a $4 million project. Construction for Phase 1 would begin in late July and conclude at the end of October, 2006. With regard to the annexation, the Board is requested to adopt a resolution petitioning LAFCO to begin the annexation. After LAFCO approval, the State must also approve the annexation. Ken Ivanatich, homeowner in Gordon Milthwaite area of Alhambra Valley, stated that he is serving as liaison on behalf of his neighbors. He requested that the District assist as much as possible with providing a financing plan for residents. President Pro Tem Nejedly stated that staff is preparing financing options for Board consideration. He stressed the need to complete the project quickly and with as little disruption as possible to the neighborhood. In response to a question from President Pro Tem Nejedly, District Counsel Alm stated that Mr. Nejedly does not have a conflict of interest due to his relative living in the area. It was moved by Member Hockett and seconded by Member Lucey to adopt Resolution of Application 2006-047 to initiate formal LAFCO proceedings to annex one annexation parcel comprising 205 separate properties (District Annexation 168). Motion passed by the following vote of the Board: AYES: Members: Boneysteele, Hockett, Lucey, Nejedly NOES: Members: None ABSENT: Members: Menesini It was moved by Member Hockett and seconded by Member Lucey to award a construction contract in the amount of $1,554,280 to Mountain Cascade, the lowest responsive bidder, for the Alhambra Valley Trunk Sewer, Phase 1, District Project No. 5919, and to authorize the General Manager to execute contract documents. Motion passed by the following vote of the Board: Book 54 – Page 182 Board Minutes of July 6, 2006 AYES: Members: Boneysteele, Hockett, Lucey, Nejedly NOES: Members: None ABSENT: Members: Menesini 6. REPORTS a. GENERAL MANAGER 1) Report on Mercury Total Maximum Daily Load (TMDL) Workshop at Regional Water Quality Control Board General Manager Charles Batts stated that the San Francisco Bay Regional Water Quality Control Board approved the mercury TMDL in September 2004. The State Water Resources Board remanded the TMDL back to the Regional Water Board in September 2005. The Regional Water Board held a workshop last month to present their latest approach to the State Board's remand. Director of Operations Jim Kelly summarized the Regional Water Board's proposed approach and the comments made at the Regional Water Board meeting. He stated that the remand occurred principally because there were comments by the EPA to the State Board. He stated that much of the remand was directed at the mercury allocations to treatment plants. He described the revised loads and allocations, stating that the first remand order is that allocations must reflect effective pollution prevention. The second requires treatment plants to monitor for methyl mercury. The State Board is also directed to develop a trading program, as most agencies cannot meet a 40 percent reduction in mercury without a trading offset program. He stated that the District should be able to meet the initial mass limit but expects to exceed the concentration limit. Future requirements will not be met by pollution prevention alone – additional steps must be taken, including a treatment process for the scrubber water within 4-5 years. He stated that next steps for the District include continuing to implement pollution prevention measures, implement the scrubber water treatment project, negotiate for an interim limit in the next NPDES permit, and continue to pursue a mercury offset for the Household Hazardous Waste facility. 2) Storm Damage Update General Manager Charles Batts stated that, at the March 2, 2006 Board meeting, Assistant Engineer Wesley Adams presented a report on staff’s initial assessment of winter’s storm damage to District facilities. He stated that Associate Engineer Tom Godsey will present an update. Associate Engineer Tom Godsey reported that in December 2005 winter storms delivered the largest 24-hour rainfall totals since 1997, with four inches of rain recorded at the plant on December 31, 2005. Thirteen sites were identified as having new or worsened soil slides. Two new sites have been added since January – Haciendas Drive in Orinda and Los Arabis Drive in Lafayette. Temporary stabilization and assessments of the sites have been completed, and action plans for most of the sites have been prepared. He showed slides of some of the sites, and stated that staff is attempting to repair eight of the sites this year. 3) General Manager Charles Batts announced that in June 2006 the District advertised for bids for the A-Line Interceptor Rehabilitation Project. The project requires highly specialized contractors to repair failing PVC joint strips in several large active sewers. No bids were received at the bid opening held on June 22. Under the Public Contract Code, when no bids are received, the District may award the contract on a negotiated basis. Staff is attempting to negotiate a contract favorable to the District with some of the specialized Book 54 – Page 183 Board Minutes of July 6, 2006 contractors. If staff is successful, a negotiated price contract will be presented to the Board for consideration at the July 20 meeting. 4) General Manager Charles Batts announced that the annual Summer Student Picnic will be held at Hidden Lakes Park, Center Street, in Martinez, from noon to 1:30 p.m., on Friday, July 14. Paul Kelly and Cathryn Freitas will be barbecuing hamburgers, veggie burgers, and hot dogs. The day was selected in honor of the District's actual 60th birthday, which is July 15. Lunch totes with the 60th Anniversary logo will be distributed to all employees. 5) General Manager Charles Batts announced that the 2006 CIPP project contractor, InsituForm, was issued a Notice to Proceed yesterday. The first sites to be constructed are at the Orinda Crossroads Pumping Station and on the St. Mary’s Trail. The contractor is setting up sewer bypassing in Moraga and will begin liner installation in two weeks. 6) General Manager Charles Batts announced that Associate Engineer Dr. Gail Chesler will be attending WEF's annual collection systems specialty conference to be held this year in Detroit, Michigan from August 6 through 9. The technical program contains several items of interest related to sanitary sewer overflows, grease control, and hydraulic modeling. In addition, Dr. Chesler is a member of the Water Environment Research Federation project steering committee on "Odors and corrosion in sewer systems." The steering committee will meet on the day after the conference. WERF will be covering the cost of her hotel and meals for the additional day. 7) General Manager Charles Batts announced that Senior Engineer Randy Schmidt will attend a Water Environment Research Federation steering committee meeting in Seattle, Washington, on July 20, 2006. The steering committee is working on mercury emissions from biosolids incinerators, a topic of great concern to the District. WERF is paying for his travel to Seattle. 8) General Manager Charles Batts announced that CASA is requesting additional litigation funds to continue the City of Vacaville Permit appeal which deals with several issues relevant to municipal discharger permits – designation of water bodies, inappropriate water quality objectives, incorporation of detection levels in permit requirements, etc. He stated that, with Board concurrence, the District will contribute $4,000 to this effort. b. COUNSEL FOR THE DISTRICT 1) District Counsel Kent Alm announced that a settlement has been reached in the Suzanne Brown litigation for a total amount of $575,000. The amount above the District’s self-insured retention (SIR) of $500,000 will be contributed by the District’s insurance carrier. He confirmed that the final settlement agreement has been signed by Ms. Brown. Member Lucey requested additional information on the total cost of the litigation, and what effect raising the SIR from $500,000 to $1 million would have on future litigation. 2) District Counsel Kent Alm presented a legal update. He described litigation items handled by his firm on behalf of the District, including the Suzanne Brown lawsuit, the Marinai lawsuit, the Dickerson lawsuit, and Strentzel Lane condemnation. He described work on claims and real property matters, and stated that the review of the District Code is continuing. Other items include the NPDES permit revision and Alhambra Valley financing issues. Book 54 – Page 184 Board Minutes of July 6, 2006 c. SECRETARY OF THE DISTRICT Secretary of the District Elaine Boehme announced the upcoming CASA conference, to be held August 9-12, 2006, in Monterey. d. BOARD OF DIRECTORS 1) Member Hockett, Chair of the Budget and Finance Committee, reported that the Committee reviewed the Expenditures and recommends approval. It was moved by Member Hockett and seconded by Member Boneysteele to approve the Expenditure List dated July 6, 2006, including Self Insurance Fund Check Nos. 102331 to 102339, Running Expense Check Nos. 161181 to 161423, and Sewer Construction Fund Check Nos. 28731 to 28793. Motion passed by the following vote of the Board: AYES: Members: Boneysteele, Hockett, Lucey, Nejedly NOES: Members: None ABSENT: Members: Menesini 2) President Pro Tem Nejedly reported on the June 27, 2006 Real Estate Committee Meeting. With regard to the lease proposal received from Puppy Paradise to lease the former Animal Shelter, he stated that he was uncomfortable with the requested 6-month notice to vacate the premises, as there is a possibility the facility may be needed to house a portion of CSO or other entities during the reconstruction of the CSO building. He stated that Member Boneysteele had requested that the lease proposal be considered by the Board. Member Boneysteele described the lease proposal and stated that the proposal appears to be a good use of the site. He stated that the Board has not decided to move the CSO staff to that location, and pointed out that additional showers and lockers would be needed if that were the case. Member Lucey stated that he is not in favor of the lease proposal. He stated that he would prefer to improve the facilities to make a nice office building or make it into warehouses, or perhaps leave it vacant for the time being. Member Boneysteele pointed out that the property was originally acquired to provide an adequate buffer zone rather than to provide income to the District. He stated that, if it is determined that the facility should be rented out, he is not opposed to the Puppy Paradise proposal. Director of Operations Jim Kelly stated that, at this point, staff is not sure whether or not the facility will be needed to house CSO staff during construction of new facilities at CSO. Once the CSO design is complete, staff will know if the facility is needed. Member Hockett stated that, if it is unclear whether or not the facility will be needed to house CSO staff, it would be unfair to prospective tenants to rent it out with the possibility of needing to terminate the lease. She expressed support for the Puppy Paradise lease proposal if in fact it is determined that the facility is not needed for CSO. She suggested that more information be obtained prior to making a lease commitment. Director of Administration Randy Musgraves explained the process, stating that preliminary, conceptual lease proposals are reviewed by the Real Estate Committee, which determines whether the lease proposal meets the goals and objectives of the District. If a formal lease proposal is subsequently submitted, that is taken to the full Board for review. Book 54 – Page 185 Board Minutes of July 6, 2006 President Pro Tem Nejedly requested that additional information be brought back to the Board for consideration. He stated that a lease proposal was also received from Tri-City to lease the pie-shaped property immediately south of the cemetery. Member Nejedly expressed support for leasing out the site to Tri-City, adding that requirements to minimize dust and noise can be written into a lease. He requested that the proposal be brought back to the full Board for consideration. 7. ADMINISTRATIVE a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH MOORE IACOFANO GOLTSMAN, INC. (MIG) IN AN AMOUNT NOT TO EXCEED $40,000 FOR PROFESSIONAL CONSULTING SERVICES TO ASSIST IN COMPLETING AN AMERICANS WITH DISABILITIES ACT (ADA) “SELF- EVALUATION” AND TRANSITION PLAN UPDATE General Manager Charles Batts stated that approval is requested to hire a consultant to aid the District prepare a self-evaluation and transition plan as required by the Americans With Disabilities Act. The Plan will specifically address public access to District facilities and meeting rooms. While District facilities were designed for handicapped access, they need to be evaluated to ensure compliance under the current regulations. When the Plan is complete, an attorney from the District’s labor law firm will review it to ensure legal compliance. The final self-evaluation and transition plan will be presented for Board review by the end of this calendar year. A capital project will be initiated to construct or modify any District facilities needed to comply with ADA requirements for public access. It was moved by Member Hockett and seconded by Member Boneysteele toauthorize the General Manager to execute an agreement with Moore Iacofano Goltsman, Inc. (MIG) in an amount not to exceed $40,000 for professional consulting services to assist in completing an Americans with Disabilities Act (ADA) “Self-Evaluation” and Transition Plan Update. Motion passed by the following vote of the Board: AYES: Members: Boneysteele, Hockett, Lucey, Nejedly NOES: Members: None ABSENT: Members: Menesini b. AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT IN THE AMOUNT OF $92,544 WITH UNIVERSAL BUILDING SERVICES TO PROVIDE JANITORIAL SERVICES FOR ONE YEAR WITH OPTIONS TO EXTEND FOR AN ADDITIONAL FOUR (4) ONE-YEAR PERIODS General Manager Charles Batts stated that, in 2000, the District awarded a contract to Enterprise Maintenance for the janitorial services for both the Walnut Creek and Martinez facilities. The existing contract with Enterprise Maintenance ends on August 31, 2006. A formal Request for Proposal process was begun in May 2006. Two vendors submitted proposals and an evaluation of the proposals was conducted by Purchasing and District staff. Based on this evaluation, staff concluded that Universal Building Services best met District requirements. The service fee proposed by each contractor was: Universal Building Services $ 92,544/year Enterprise Maintenance $ 165,600/year Staff is recommending the Board authorize the General Manager to execute a janitorial services agreement with Universal Building Services for one year with options to extend for four additional one-year periods. In response to a question from Member Lucey, District Counsel Kent Alm stated that this is contract is not subject to regular bidding requirements. Book 54 – Page 186 Board Minutes of July 6, 2006 It was moved by Member Hockett and seconded by Member Lucey to authorize the General Manager to execute an agreement in the amount of $92,544 with Universal Building Services to provide janitorial services for one year with options to extend for an additional four (4) one-year periods. Motion passed by the following vote of the Board: AYES: Members: Boneysteele, Hockett, Lucey, Nejedly NOES: Members: None ABSENT: Members: Menesini 9. HUMAN RESOURCES a. AMENDMENT TO GENERAL MANAGER EMPLOYMENT CONTRACT, REVISING PARAGRAPH IX, “TERMINAL COMPENSATION” General Manager Charles Batts stated that the Board is being asked to modify the “Terminal Compensation” clause in the General Manager’s contract, based on legal review that such a clause would be ruled invalid as a means of deferring tax obligations. The amendment states that the terminal compensation will be paid in its entirety upon retirement, rather than over a five-year period. It was moved by Member Hockett and seconded by Member Lucey to approve the contract amendment. Motion passed by the following vote of the Board: AYES: Members: Boneysteele, Hockett, Lucey, Nejedly NOES: Members: None ABSENT: Members: Menesini 10. CORRESPONDENCE a. Received letter dated June 19, 2006 from Contra Costa County Grand Jury Foreperson Bob Kennedy thanking General Manager Charles W. Batts for his orientation presentation to the Grand Jury. 11. APPROVAL OF MINUTES a. MINUTES OF JUNE 1, 2006 It was moved by Member Hockett and seconded by Member Boneysteele to approve the minutes of June 1, 2006. Motion passed by the following vote of the Board: AYES: Members: Boneysteele, Hockett, Lucey, Nejedly NOES: Members: None ABSENT: Members: Menesini 12. BUDGET AND FINANCE a. RECEIVE MAY 2006 FINANCIAL STATEMENTS Controller Debbie Ratcliff presented a brief report on the May 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 General Manager Charles Batts stated that staff will bring back additional information on cost of the Suzanne Brown case; the possibility of increasing the Self Insured Retention Book 54 – Page 187 Board Minutes of July 6, 2006 limit; and additional information on lease proposals for the former Animal Shelter and the triangle of land opposite the cemetery. 15. CLOSED SESSION The Board recessed at 3:55 p.m. to reconvene in Closed Session in the Caucus Room regarding Personnel Matters Pursuant to Section 54957 of the Government Code - Public Employment - Appointment of General Manager. The Board reconvened in open session in the Board Room at 4:10 p.m. 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: 11 p.m. - . President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: ~ <:2- Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Book 54 - Page 188