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HomeMy WebLinkAboutBOARD MINUTES 10-05-06 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON OCTOBER 5, 2006 The District Board of the Central Contra Costa Sanitary District convened in a regular session in the Multi-Purpose Room at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on Thursday, October 5,2006. 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. b. INTRODUCTIONS Board Members welcomed newly-hired Utility Worker David Martinez. 2. PUBLIC COMMENTS There were no public comments. 3. CONSENT CALENDAR It was moved by Member Lucey and seconded by Member Nejedly to approve the Consent Calendar, consisting of Item a. Motion passed by unanimous vote of the Board. a. Direct staff to secure the services of an arbitrator in accordance with the grievance procedure for General Employees. 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER General Manager James Kelly announced that Item 6.b.1) would be scheduled for a later date. Mr. Kelly also stated that Position Paper 7.c., "Authorize the General Manger to Execute a Construction Change Order with Mountain Cascade Construction for the 2006 Storm Damage Project, District Project 5981 ," is pulled from the agenda. The heavy rains during the winter of 2005/06 resulted in significant creek bank failure and soil erosion to Lauterwasser Creek behind 42 Hacienda Drive in Orinda. The soil erosion and creek bank failure has compromised the integrity of a 12-inch sewer crossing the creek that serves approximately 1,000 homes in northern Orinda. Staff has requested several contractors currently under contract for other District projects to provide a quote to install temporary protection measures for the site. All of the contractors declined because of their current workloads. Staff proposes to proceed with District forces (CSO) to install temporary protection measures. Staff will comply with bidding and force account restrictions. Book 55 - Page 21 Board Minutes of October 5, 2006 General contractors contacted include Mountain Cascade, McGuire and Hester, Darcy and Harty, and Engineering Soil Repair. These contractors also contacted subcontractors such as Shaw Pipeline, Oracle Landscaping, and others. 5. REPORTS a. GENERAL MANAGER 1) Report on International Water Association Conference in Beiiina Director of Engineering Ann Farrell presented a report on her attendance at the International Water Association Conference in Beijing. She described the highlights of the conference, including sessions on the application of nano and bio technologies to water treatment, asset management, and urban water strategies in China. She stated that the goals of China are to serve 95 percent of urban dwellers with public water; improve the water supply for 160 million rural dwellers; reduce water loss from 20 percent to 8 percent; provide wastewater treatment for 70 percent of the population; and reuse 20 percent of treated wastewater. China expects to invest approximately $125 billion on water infrastructure over the next 5 to 10 years. She described strategies to accomplish the goals, including breaking the state- owned monopoly, establishing a fair and equitable open market, and inviting foreign investments. 2) Report on Faria Development in San Ramon Associate Engineer Gail Chesler presented a report on the San Ramon Specific Plans. She stated that the City of San Ramon is considering development in Crow Canyon and Northwest specific plans areas. She described the location of the District's existing pipeline, which is under-capacity in a five-year storm event. With project build-out as described, several segments of line would be affected. The proposed development is roughly 800 homes in the Faria Preserve and no more than 735 homes in the Crow Canyon Specific Plan areas. The District has techniques for evaluating the pipeline's capacity and further analysis will be required. 3) Report on California Water Environment Association (CWEA) Conference General Manager James Kelly stated that two District staff members who attended the CWEA Northern Regional Training Conference in Sparks, Nevada, on September 17-19, 2006 would report on the conference. Shift Supervisor Steve Dominguez presented an overview of the conference and the paper he presented on the cause of turbidity problems. Chemist Mary Lou Esparza-Vignalats provided information about the conference sessions she attended, including mercury TMDL, chemical signatures along the Truckee River, and the safe disposal of pharmaceuticals. 4) Report on Headquarters Office Buildina Improvements General Manager James Kelly stated that the District's facilities in Martinez are beginning to show their age. Approximately $500,000 is currently budgeted in the Capital Improvement Program for re-carpeting the Headquarters Office Building (HOB) and enhancing the lobby and the Board Room. Staff wanted to ensure that the Board was aware of the projects and the scheduled work because it will be visible to the public. Staff is seeking Board comment regarding the enhancements as well as input on Board involvement. Director of Administration Randy Musgraves provided a brief overview of the projects and scheduled work, including the replacement of the air conditioning Book 55 Page 22 Board Minutes of October 5, 2006 system, updates to the facilities to comply with the Americans with Disabilities Act (ADA), and the HOB Enhancement Project, which includes remodeling of the lobby, replacement of the carpet and enhancement of the Board Room. Interior and exterior painting will also be done. The parking lots will be slurry sealed in spring/summer of 2007 and the fencing around the District pond will be replaced. Member Lucey inquired about the reason for some of the changes, including the remodeling of the reception area. Member Nejedly commented that the reception desk needs to be updated as the staff member performs several tasks at that location. Member Hockett sugg~sted that a location be found to display the District's awards and commendations. She asked whether it would be possible to eliminate the orange color that is common throughout. Secretary of the District Elaine Boehme responded to questions from Member Boneysteele regarding the ADA update project. President Menesini stated that he supports the staff recommendation and would like to see photographs and plans as they are developed. 5) Report on CONCO/US Development General Manager James Kelly stated that staff has continued to work with Conco to finalize documents related to the transfer of easements between the District and Conco. An issue has surfaced with regard to the neighboring parcel, currently owned by Shell, which also will make use of some of the Conco easements. Environmental Services Division Manager Curt Swanson presented an update on the latest developments. He stated that Conco signed the purchase agreement, which gives them road and utility easements with a value of $235,360. CCCSD receives property rights with a value of $157,805 and $77,555 in cash. The Board will be asked to grant road and utility easements on October 19, 2006. Mr. Swanson stated that there are three other owners of the IT Baker property in addition to Conco: I.T. Corporation, Shell (formerly U.S. Development) and Burlington Northern Santa Fe. Staff will be meeting with them to discuss the need for additional easements. . 6) General Manager James Kelly announced that staff is preparing a White Paper regarding landfill gas that will be distributed to the Board prior to the October 19, 2006 Board meeting. Also on the agenda for the October 19 meeting will be a position paper for the Board to consider termination of the landfill gas contract. Bulldog Gas and Power has continued their efforts to resolve the condensate problem and they project a completion date of mid-October. They have invited District staff to visit their site to view the improvements. This is scheduled for the week of October 2. 7) General Manager James Kelly announced that the District has been notified by the National Purchasing Institute that the Purchasing Division has earned their Achievement of Excellence in Procurement Award for 2006. The award is expected to arrive in November and will be presented to the Board at the November 16,2006 Board meeting. 8) General Manager James Kelly announced that four District staff members plan to attend the Water Environment Federation Technical Education Conference in Dallas, Texas on October 21 through 25,2006. Staff attending are Senior Engineer Ba Than, Associate Engineer Gary Book 55 Page 23 Board Minutes of October 5, 2006 Rathunde, Senior Engineer Randy Schmidt, and Assistant Engineer Melody LaBella. This year's conference includes several sessions related to treatment plant and collection system operations that are of interest to staff, including mercury removal, ash and sludge conveyance systems, furnace operations, Capacity Management, Operations, and Maintenance (CMOM's), and air toxics. Attendance at this conference was approved in the 2006-07 Technical Training and Conference budget. 9) General Manager James Kelly announced that the Contra Costa Dental Society will hold a general membership meeting on Tuesday, October 10, 2006, at 6:30 p.m. at the Concord Hilton. The purpose of the meeting is to have a training session for dentists on wastewater regulations and mercury amalgam separators. The training is being presented by a California Dental Association environmental policy analyst and by the District's Source Control Superintendent Tim Potter. Tim will be reviewing Best Management Practices and permit requirements for the dentists. Those in attendance will receive two continuing education units. 10) General Manager James Kelly announced that staff attended the September 14, 2006, community meeting of the Alhambra Valley Creek Coalition to hear the results of an engineering report dealing with Alhambra Creek bank stabilization and restoration possibilities for a mile- long section between Alhambra Avenue and the Alhambra Valley Road/Wanda Way intersection. Preparation of the engineering report presented at the meeting was paid for by the District's Supplemental Environmental Project. The Alhambra Valley Creek Coalition is now looking for several million dollars in grant funds to implement the report's recommendations. 11) General Manager James Kelly announced that staff delivered the responses to Local Agency Formation Commission's (LAFCO) Municipal Service Review questionnaire and other requested documents to LAFCO on September 15, 2006. 12) General Manager James Kelly announced that Security Owners Corporation, developers of a 23-unit subdivision in the Alhambra Valley, offered to contribute $400,000 toward construction of the Alhambra Valley Trunk Sewer. The District has signed an agreement with Security Owners Corporation to establish the conditions for the contribution. Under the terms of the agreement, Security Owners Corporation will pay $200,000 within 20 days of signing the agreement and another $200,000 payment will be made within 10 days of award of the Phase 2 Trunk Sewer Construction Contract. The District is obligated to complete the trunk sewer by July 15, 2007. If the trunk sewer is not completed by September 1,2007, the District will be responsible for temporary sewer service to the Security Owners Corporation subdivision. 13) General Manager James Kelly announced that Surplus District equipment will be auctioned off by Nationwide Auction Systems at their facility at 1 Oak Road in Benicia on Saturday, October 14, 2006, at 9:00 a.m. Items can be inspected on Friday, October 13 at 8:00 a.m. The equipment being sold, a total of 559 items, includes office furniture and obsolete computer equipment. Announcements 6-13 were presented as a memo in the Board packet. 14) General Manager James Kelly announced that twenty-seven District staff members, including those from Engineering, Plant Operations, and Collection System Operations, will attend the annual CWEA Safety Training Day in Woodland, California, on October 18, 2006. This day of training includes topics on Ladder Safety, Commercial Driver Safety, Book 55 Page 24 Board Minutes of October 5, 2006 Disaster Planning, and others. Staff attending the conference will share what they learn with others in their work groups. 15) General Manager James Kelly announced that the HV AC project will require removal and replacement of the custom built-in bookshelves in the second floor library to allow replacement of the main air conditioning shaft. This is the most cost effective alternative to perform the work and will minimize the amount of disruption to employees. The bookshelves were built by former Building Maintenance Technician Bob Robertson. To minimize damage, staff proposes to have the 90ntractor for the HVAC Project, Bell Products, retain Mr. Robertson to remove and properly restore the custom bookshelves. This information is being provided to the Board in accordance with District policy for hiring District retirees. 16) General Manager James Kelly announced that, at the request of the National Park Service, the public meeting to discuss the scope of the environmental assessment for the Alhambra Valley Trunk Sewer Project has been postponed from October 12 to October 25, 2006. In response to a question from Member Lucey, Mr. Kelly confirmed that the project is on schedule. b. Counsel for the District District Counsel Kent Aim stated that his legislative update will be deferred to a later meeting. Mr. Aim invited Board Members and staff to attend an event at his law office in Oakland in celebration of its 25th anniversary on October 19, 2006. Mr. Aim announced that the closed session regarding Conco negotiations scheduled at the end of the meeting is not necessary. c. Secretary of the District Secretary of the District Elaine Boehme announced the Contra Costa Council luncheon with Senator Torlakson to be held on October 11, 2006. d. Board Members 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 October 5, 2006, including Self Insurance Fund Check Nos. 102800 to 102801 (102539-102799 reserved for manual checks), Running Expense Check Nos. 162950 to 163108 (162501-162949 reserved for manual checks), and Sewer Construction Fund Check Nos. 29365 to 29408 (28979-29364 reserved for manual checks). (NOTE: checks reserved for manual issuance due to conversion to laser-printed checks). Motion passed by unanimous vote of the Board. Member Hockett stated that the Committee reviewed the internal audit and recommended minor changes. The audit will be presented to the Board for consideration at a future meeting. 2) Member Hockett reported on the September 28, 2006 Sanitation and Water Agencies of Contra Costa County meeting's technical program. Book 55 Page 25 Board Minutes of October 5, 2006 3) Announcements President Menesini announced the upcoming Environmental Alliance meeting to be held on October 16, 2006 regarding Raptor Monitoring at the Golden Gate. 6. ADMINISTRATIVE a. REVISE THE DISTRICT'S MODIFIED TRAVEL POLICY FOR COMPLIANCE WITH AB 1234 General Manager James Kelly stated that AB 1234 was approved by the Governor on October 5,2005. The bill requires public agencies to adopt a travel policy specifically identifying travel costs that qualify for reimbursement (supported by receipts); Board compensation for meetings, conferences, seminars and training, including ethics training. Mr. Kelly stated that, after careful review, staff concluded that although the District's Travel Policy meets AB 1234 requirements, modifications could provide additional clarity recommended or required by the bill. It was moved by Member Lucey and seconded by Member Nejedly to adopt the District's modified Travel Policy as recommended for compliance with AB 1234. Motion passed by unanimous vote of the Board. b. CONSIDERATION OF ADOPTING A RESOLUTION RESCINDING RESOLUTION 2005-005 AND REVISING COMPENSATION AND PROCEDURES FOR BOARD MEMBER ATTENDANCE AT MEETINGS AND CONFERENCES General Manager James Kelly reported that AB 1234 also states that members of a legislative body may be compensated for additional meetings if the governing body has adopted a written policy specifying other types of occasions that constitute the performance of official duties. In light of the changes promulgated by AB 1234, the Budget and Finance Committee reviewed Resolution 2005-005 to ensure compliance with the Bill and determine if changes should be considered. Several changes have been proposed for Board consideration as stated in the position paper. These include adding provisions for compensation for attendance at California Association of Sanitation Agencies (CASA) conferences, California Special Districts Association (CSDA) conferences, and attendance at CASA Executive Board meetings if serving on that Board. Other changes set forth current practice with regard to meeting compensation and approval. Mr. Kelly stated that staff is available to answer any questions the Board may have regarding the proposed compensation changes. Member Lucey stated that he would support compensation for attendance at CSDA conferences or attendance at the CASA Executive Board meetings, but not compensation for attendance at CASA conferences. Member Hockett stated that a survey of other agencies shows that compensation for CASA conference attendance is usual. Member Nejedly stated that he would not support compensation for attendance at CASA and CSDA conferences, but would support compensation for attendance at CASA Executive Board meetings. Member Boneysteele stated that, if a Board Member has to take vacation time to attend one of the conferences, then in his opinion it would reasonable to compensate them. Book 55 Page 26 Board Minutes of October 5, 2006 It was moved by Member Hockett and seconded by Member Lucey to adopt Resolution 2006-085, rescinding Resolution 2005-005 and setting forth new meeting compensation policy as recommended in the position paper, with the deletion of the proposed revision to allow for compensation for attendance at CASA conferences. Motion passed the by the following vote of the Board: AYES: NOES: Members: Members: Boneysteele, Hockett, Menesini, Lucey Nejedly 7. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH THE CITY OF PLEASANT HILL FOR THE VESSING SEWER RENOVATION PROJECT, DISTRICT PROJECT NO. 5646, AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE A CONSTRUCTION CONTRACT CHANGE ORDER IN AN AMOUNT NOT TO EXCEED $77,000, THE DISTRICT'S SHARE BEING $19,250, WITH D'ARCY & HARTY CONSTRUCTION FOR THE VESSING SEWER RENOVATION PROJECT. General Manager James Kelly stated that in August of 2005, the District entered into a Joint Powers Agreement with the City of Pleasant Hill to construct a slide repair on Murderer's Creek as part of the Vessing Sewer Renovation Plan. Heavy rainstorms in December 2005 caused significant damage to the slide repair. The City and the District propose to enter into an agreement to repair the damage to the slide repair. He stated that staff is available to answer any questions. It was moved by Member Hockett and seconded by Member Lucey to authorize the General Manager to execute an agreement with the City of Pleasant Hill for the Vessing Sewer Renovation Project, District Project No. 5646, and to authorize the General Manager to execute a construction contract change order in an amount not to exceed $77,000, the District's share being $19,250, with D' Arcy & Harty Construction for the Vessing Sewer Renovation Project. Motion passed by unanimous vote of the Board. b. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A THREE-YEAR TECHNICAL CONSULTING SERVICES AGREEMENT, EFFECTIVE NOVEMBER 1,2006, WITH ASSOCIATED RIGHT OF WAY SERVICES, INC., WITH A COST CEILING OF $500,000 FOR RIGHT-OF-WAY CONSULTING AND APPRAISAL SERVICES General Manager James Kelly reported that, since March 2003, the District has been using Associated Right of Way Services, Inc. (ARWS) to supplement District staff in negotiating property rights. Their contract expires at the end of October 2006, and staff initiated a Request for Proposal process earlier this year. Five firms were sent the Request For Proposal; three responded. All three were determined to be well qualified, but ARWS has significant experience in utility easements. He stated that specialty right-of-way services will be needed for the next few years because of planned sewer rehabilitation work, and staff is requesting the Board approve a three-year technical services contract with ARWS with a cost ceiling of $500,000 to provide right-of-way and appraisal services. It was moved by Member Hockett and seconded by Member Lucey to authorize the General Manager to execute a three-year technical consulting services agreement, effective November 1,2006, with Associated Right of Way Services, Inc., with a cost ceiling of $500,000 for right-of-way consulting and appraisal services. Motion passed by unanimous vote of the Board. Book 55 Page 27 Board Minutes of October 5, 2006 8. APPROVAL OF MINTUES a. MINUTES OF SEPTEMBER 7.2006 It was moved by Member Hockett and seconded by Member Boneysteele to approve the minutes of September 7,2006. Motion passed by unanimous vote of the Board. 9. BUDGET AND FINANCE a. RECEIVE AUGUST 2006 FINANCIAL STATEMENTS Controller Debbie Ratcliff presented a brief report on the August 2006 Financial Statements, including the status of the Running Expense Fund, Sewer Construction Fund, and Temporary Investments. 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 11. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Nejedly requested an overview of the services provided by Associated Right of Way Services, Inc. 12. CLOSED SESSION The closed session to confer with real property negotiators Kenton L. Aim, Randall M. Musgraves, Ann Farrell, and Curt Swanson pursuant to Section 54956.8 of the Government Code was not held. 13. REPORT OF DISCUSSIONS IN CLOSED SESSION No reports. 14. ADJOURNMENT There being no further business to come before the Board, President Menesini adjourned the meeting at 3:36 p.m. ~anb '4;.~~~ President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Ge-~~ Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Book 55 Page 28