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