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HomeMy WebLinkAboutBOARD MINUTES 10-19-06 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON OCTOBER 19, 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 19, 2006. President Menesini called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Boneysteele, Hockett, Nejedly, Menesini ABSENT: Members: Lucey 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. ADOPT RESOLUTIONS RECOGNIZING SERVICE AWARD RECIPIENTS General Manager James Kelly stated that Service Awards will be given to employees in recognition of their years of service to the District. The annual Service Awards luncheon will again take place at Vic Stewart's Restaurant in Walnut Creek on Tuesday, November 14, 2006 at 11 :30 a.m. It was moved by Member Nejedly and seconded by Member Hockett to adopt Resolutions 2006-086 throuah 2006-102. Motion passed by the following vote of the Board: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Hockett, Nejedly, Menesini None Lucey 4. CONSENT CALENDAR It was moved by Member Hockett and seconded by Member Boneysteele to approve the Consent Calendar, consisting of Items a. through g., as recommended, to adopt resolutions, and to authorize recordings. Motion passed by the following vote of the Board: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Hockett, Nejedly, Menesini None Lucey a. Adopt Resolution 2006-103, accepting an offer of dedication from Curtis and Dotty Lundberg in the Walnut Creek area, Job 5332, Parcel 2, and authorize staff to record documents with the Contra Costa County Recorder. Book 55 - Page 29 Board Minutes of October 19, 2006 b. Adopt Resolution 2006-104, accepting an offer of dedication and public sewer improvements from Alejandro Vargas Galvan and Alice Faye Sorenson, in the Walnut Creek area, Job 5332, Parcel 3, and authorize staff to record documents with the Contra Costa County Recorder. c. Advise the Board of the closeout of the Steam Turbine System Upgrades Project, District Project 6158. d. Accept the contract work for the reconstruction of slope at 178 Hall Drive, District Project 5868, and authorize the filing of the Notice of Completion. e. Accept the contract work for the Alhambra Valley Trunk Sewer, Phase 1, District Project 5919, and authorize the filing of the Notice of Completion. f. Authorize the General Manager to execute an amendment to the existing lease with New Cingular Wireless PCS, LLC, at the CSO property. g. Adopt modifications to Safety and Risk Management Administrator job classification job classification description. 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 6. REPORTS a. GENERAL MANAGER 1) Household Hazardous Waste Collection Facility Annual Report General Manager James Kelly stated that fiscal year 2005-2006 marked the completion of eight years of operation of the Household Hazardous Waste (HHW) Collection Facility. Provisional HHW Supervisor David Wyatt presented a report, covering operating data, temporary collection events, and the small business program. He stated that fiscal year 2005-06 is similar to prior years. Lafayette had the highest level of participation, with San Ramon being the lowest. He showed a chart indicating a steady increase in household participation, which increased from 22,872 participants in the prior year to 23,897 in 2005-06. The operating cost per participant was $64 in 2005-06, compared to $60 in the prior year, primarily due to staffing issues. Reuse participation was down slightly from the prior year. With regard to cost of disposal per pound, the 2005-06 the total cost for disposal was $466,997 for 1,575,709 pounds of waste. This equals $0.80 per pound. Mr. Wyatt described the breakdown of waste management and percentage of each method of disposal. He stated that in February 2006, residents were required to dispose of batteries and fluorescent lamps as hazardous waste, and for the 2005-06 fiscal year the facility saw a 90% increase in the disposal of batteries. Fluorescent lamp collection increased to 69,632 feet from 36,989 feet in the prior year. Temporary events included a mercury exchange program at Rossmoor, where staff collected 1050 thermometers from 520 participants. Participation in the small business program increased from 107 businesses in 2004-05 to 128 in 2005-06. Revenue for that program increased to $22,054 from $19,884 in the prior year. Board Members thanked Mr. Wyatt for his comprehensive report and had no proposed changes. Book 55 - Page 30 4) Board Minutes of October 19, 2006 2) General Manager James Kelly announced that, in 2003, with the approval of the California Department of Toxic Substance Control, the District installed a one-foot thick compacted soil cap over Basin A South to contain petroleum waste products. Cracks have developed in the soil cap, resulting in the underlying petroleum materials being pushed to the surface. The District repaired the cracks in 2005 and 2006, only to find that drying of the soil cap has resulted in more cracks and release of the underlying petroleum material. In an attempt to prevent future cracking, the District rented a spray irrigation system from Rain-for-Rent this past summer to keep the soil cap wet. Recent inspection of the soil cap indicates that the spray irrigation system has been effective in minimizing cracking and the resulting petroleum seepage. At this point, staff is proceeding with the purchase of the spray irrigation system from Rain-for- Rent at a cost of about $15,000, since this alternative is more cost effective than continuing to rent the equipment. 3) General Manager James Kelly announced that District staff, together with the National Park Service staff from the John Muir Historical Site, will hold a public scoping meeting for the Alhambra Valley Trunk Sewer Project, Phase 2, on October 25, 2006, from 7:00 p.m. to 9:00 p.m. at the Martinez Junior High School auditorium. The National Park Service provided the meeting notice and mailing list for distribution by the District. The meeting is part of the National Environmental Policy Act (NEPA) process required by the National Park Service. At the meeting, staff will explain the project and receive comments and concerns from the public. General Manager James Kelly announced that the District suffered damage to sewers and sewer appurtenances at several locations in the collection system or treatment plant during the severe winter storm around New Year's Day 2006. This storm event was declared a federal and state disaster event by the Federal Emergency Management Agency (FEMA) and the California Office of Emergency Services (OES). The District applied for and received funding approval for eligible costs of emergency and permanent repairs at the various damage sites. The District recently received initial payments of $34,635 from FEMA and $8,326 from OES for these eligible repair costs '(a total payment of $42,951). The District expects to receive a final payment of approximately $9,400 when permanent repairs at two damage sites are completed. 5) General Man~ger James Kelly announced that the Board accepted Ms. Eileen Tumlin's claim on September 21, 2006 for damage sustained during a sewer overflow on her property on Green Street in Martinez. Staff is pleased to report that the District received her release agreement and has now processed the final payment. This action closes this matter for the District. 6) General Manager James Kelly announced that, on February 27, 2004, the District deposited funds with the State Treasury Condemnation Fund, constituting the probable compensation in the Dickerson eminent domain case. District Counsel announced completion of the agreement on June 15, 2006. On October 11, 2006 the District received the original deposit and this matter is now concluded. 7) General Manager James Kelly announced that the sale of District surplus equipment that was originally scheduled for October 14 will now take place on October 28, 2006. The sale is being conducted by Nationwide Auction Systems on Saturday, October 28 from 9:00 a.m. to 4:30 p.m. Merchandise can be inspected on Friday, October 27 from 8:00 a.m. to 10:00 a.m. and on the same day from 2:00 p.m. to 4:30 p.m. The sale was delayed because the Collection System Operation Department's flatbed truck was in use and was not available to transport the items to the auction yard in time for the October 14 sale. Book 55 - Rage 31 Board Minutes of October 19, 2006 Announcements 2-7 were presented as a memo in the Board packet 8) General Manager James Kelly announced that the developer of the Faria Preserve in San Ramon is Claremont Homes of Fremont, California, and the owner is Faria AJF partnership, also of Fremont. The current zoning is Agricultural & Resource Conservation Overlay District and Rural Residential/Resource Conservation Overly District. 9) General Manager James Kelly announced that on Saturday, October 14, 2006, during a planned PG&E power outage, the cogeneration turbine and the standby generators failed, leaving the plant without power for about 20 minutes. No overflows or odor complaints occurred due to the loss of power. One standby generator and the cogeneration turbine would not restart initially, and it took 20 minutes to start the second standby generator. There was a large, effective response by District personnel to initially reduce the flow to the plant by reducing the flow from the pumping stations, trouble-shooting the standby generator and cogeneration turbine, and later to restart and clean up the plant. PG&E also restored power by noon, which was two and a half hours earlier than scheduled. This greatly aided restarting the plant. The precipitating event appears to have been that a control power breaker for the cogeneration unit tripped when the plant went off of PG&E power. The backup battery lasted an hour. When it failed due to low power, the cogeneration unit dropped off line, which in turn caused the standby power generator to be overloaded and fail. Staff is alarming the control power breaker, and will determine how to prevent an overload of the standby generators if the cogeneration unit fails. 10) General Manager James Kelly announced that Assistant Engineer Clint Shima will travel to Toronto, Canada, to visit the manufacturer of the Ultra Violet (UV) Disinfection System equipment that is to be installed under the UV Expansion Project. The total cost of the travel, which will take place around October 30,2006, is less than $1,000 and will be funded out of the UV Disinfection Expansion Project. 11) General Manager James Kelly announced that CalTrans has provided a schedule for the repair work they plan to carry out on the section of the District's collection system pipe along Lancaster Road in Walnut Creek that was displaced by a CalTrans piling. Funding for the work was secured and the project is going out to bid in an informal bid process. CalTrans plans to open bids on October 31 or November 1,2006 and award the project on November 7, 2006. Work will start soon after that and should be complete by January 7, 2007, with landscaping to follow. District staff will attend a preconstruction meeting to coordinate bypassing and other issues. Staff is tracking District costs and will send CalTrans a bill for all costs incurred to date. Further updates will be provided as the work proceeds. 12) General Manager James Kelly announced that the incumbent, Peggy Shirrel, of Moss Landing Harbor District, has been re-elected to the Board of Directors for Region 3 of the California Special Districts Association. 13) General Manager James Kelly announced that Household Hazardous Waste Supervisor Elaine Jacobs' disability retirement was approved earlier this week and is retroactive to April 1 ,2006. He stated that a retirement luncheon is being planned for Friday, November 17 in the Multi- Purpose Room. Book 55 - Page 32 Board Minutes of October 19, 2006 14) General Manager James Kelly announced that the Regional Water Quality Control Board has recently begun their activities to renew the District's permit. Staff will provide a briefing at the November 2, 2006 Board Meeting. 15) General Manager James Kelly announced that Communication Services Manager Harriette Heibel is retiring from the District on October 27,2006. He commended her for her many contributions to the District's outreach program and organizational development efforts. b. Counsel for the District District Counsel Kent Aim presented his legislative update, summarizing legislation contained in the CASA memo dated October 2, 2006, including AB 2951 regarding capital facilities fees, AB 573 regarding indemnification of design professionals, and SB 1733. c. Secretary of the District Secretary of the District Elaine Boehme stated that the Board has received the proposed Board calendar for 2007. She requested the Board's input and comments. Board Members had no changes to the proposed calendar. 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 19, 2006, including Self Insurance Fund Check Nos. 102802 to 102803, Running Expense Manual Check No. 162501, Running Expense Regular Check Nos. 163109 to 163411, Sewer Construction Fund Check Nos. 29409 to 29449, Manual Payroll Check Nos. 49126 to 49133, and Regular Payroll Check Nos. 55960 to 55989. Motion passed by the following vote of the Board: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Hockett, Nejedly, Menesini None Lucey 2) President Menesini reported on the October 12,2006 Outreach Committee Meeting. The Board accepted the report without comments. 3) President Menesini reported on the October 16, 2006 Contra Costa Special Districts Association Meeting. 7. ADMINISTRATIVE a. CONSIDER RENEWAL OF CONTRACT FOR LABOR AND EMPLOYMENT RELATED LEGAL SERVICES WITH DANIEL CLINTON WITH THE LAW FIRM OF HANSON. BRIDGETT. MARCUS. VLAHOS & RUDY. LLP FOR THE PERIOD OF JANUARY 1. 2007 THROUGH DECEMBER 31. 2010. AND AUTHORIZE THE BOARD PRESIDENT TO EXECUTE THE CONTRACT General Manager James Kelly stated that the District has obtained labor and employment related legal services from Mr. Clinton and his associates at Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP since 1998. The current contract for labor law services will end December 31, 2006. The term of the proposed renewal contract is for four years. Book 55 - P{Jge 33 Board Minutes of October 19, 2006 Mr. Kelly stated that the firm has provided outstanding labor law and labor negotiations services. The negotiated rates represent a three percent increase for Mr. Clinton over the current rate structure for the first year of the agreement. It was moved by Member Hockett and seconded by Member Nejedly to approve the contract for labor and employment related legal services with Daniel Clinton with the law firm of Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP for the period of January 1, 2007 through December 31,2010, and to authorize the Board President to execute the contract. Motion passed by the following vote of the Board: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Hockett, Nejedly, Menesini None Lucey 8. ENGINEERING a. ADOPT RESOLUTION 2006-105 THROUGH 2006-112. TO GRANT GONSALVES & SANTUCCI. INC.. ACCESS AND UTILITY EASEMENTS AND AUTHORIZING THE GENERAL MANAGER TO EXECUTE A ROAD MAINTENANCE AGREEMENT: ADOPT A RESOLUTION TO ACCEPT EASEMENTS AND LAND FROM GONSALVES & SANTUCCI. INC.: AND ADOPT A RESOLUTION TO GRANT AN EASEMENT TO THE CONTRA COSTA WATER DISTRICT General Manager James Kelly stated that, on October 5,2006, Gonsalves and Santucci, the parent company of CONCO Cement, signed an agreement with the District to purchase road and utility easements across District-owned property to serve their industrial property which is located to the north of the District Treatment Plant. The value of these easements is $235,360. As compensation for these easement rights, the District will receive fee title to a strip of land containing the outfall, and easement rights with a total value of $157,805. The District will also receive $77,555 in cash. Senior Engineering Assistant Rick Hernandez presented a summary of the property rights to be granted or accepted. He described the land rights to be given to CCCSD, including right-of-way for the outfall, upgrade of the easement rights for the M-2 force main, and flowage and storage easements. An odor easement has also been obtained to protect the District against future claims. Land rights to be given to Gonsalves and Santucci include the 34-foot road easement for access to their property, utility and waterline easements, and a road maintenance agreement for maintenance of the access road. District Counsel Kent Aim read the titles of the resolutions. It was moved by Member Nejedly and seconded by Member Hockett to adopt Resolution 2006-105 and 2006-106 to grant Gonsalves & Santucci, Inc., access and utility easements and to authorize the General Manager to execute a Road Maintenance agreement; to adopt Resolution 2006-107 throuah 2006-111 to accept easements and land from Gonsalves & Santucci, Inc.; and to adopt Resolution 2006- 112 to grant an easement to the Contra Costa Water District. Motion passed by the following vote of the Board: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Hockett, Nejedly, Menesini None Lucey Book 55 - Page 34 Board Minutes of October 19, 2006 b. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH BROWN AND CALDWELL IN THE AMOUNT OF $550.000. FOR THE DESIGN OF THE SOLIDS HANDLING IMPROVEMENTS PROJECT. DISTRICT PROJECT 7260 General Manager James Kelly stated that the recently updated Solids Handling Plan recommended that the District immediately improve the equipment for handling biosolids to address emergency or non-routine operation. The plan also recommended that the ash handling system be upgraded at the same time. Associate Engineer Gary Rathunde presented a brief overview of the project. He stated that the project goals include improving biosolids handling equipment to address emergency or non-routine operation; upgrading ash handling, loading and storage; upgrading sludge loading facilities; and improving dewatered sludge handling. The scope of the project includes the design of a sludge and ash truck loading facility and evaluation of potential ash storage improvements. Design of the project will occur from November, 2006 through May, 2007 and construction will begin in July 2007. The project should be completed by June 2008. The estimated project cost is $6 million. It was moved by Member Boneysteele and seconded by Member Hockett to authorize the General Manager to execute a professional engineering services agreement with Brown and Caldwell in the amount of $550,000, for the design of the Solids Handling Improvements Project, District Project 7260. Motion passed by the following vote of the Board: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Hockett, Nejedly, Menesini None Lucey 9. TREATMENT PLANT a. CONSIDER AUTHORIZING A 90-DAY NOTICE OF TERMINATION TO BULLDOG GAS AND POWER. LLC. FOR THE GAS SALES AGREEMENT DATED NOVEMBER 1. 2001. EFFECTIVE FEBRUARY 1. 2007 General Manager James Kelly stated that, at the September 21,2006 Board meeting, staff was requested to place an item on a future agenda to consider issuing a 90-day notice of termination of the gas sales agreement with Bulldog Gas and Power. Staff has reviewed the contract and evaluated the value of landfill gas to the District. This evaluation included the term of the contract, the expenses associated with using landfill gas, and the resulting net benefit of landfill gas over natural gas. Director of Plant Operations Doug Craig provided the details of the evaluation and staffs recommendation to authorize the 90-day notice of termination. He stated that Bulldog Gas and Power hc;lS indicated their improvements are complete, and 4,000 gallons of condensate has been removed. The quantity of condensate remaining is unknown. Staff expects to resume use of landfill gas next week. Mr. Craig stated that, with regard to the gas sales agreement, November is not a favorable expiration month. Staff believes a 90-day termination may also be too short. When negotiating a new agreement staff will look at price structure and a longer contract term. Landfill gas costs about $200,000 a year, versus $250,000-$500,000 for natural gas. He stated that Bulldog Gas and Power has confirmed that the remaining life of the landfill is estimated to be at least ten more years. New wells need to be placed on the east parcel, however, and these are scheduled to be installed in 2007. Mr. Craig concluded that staff recommends authorizing a 90-day Notice of Termination to Bulldog Gas and Power, effective February 1, 2007, and directing staff to propose a long-term agreement for the purchase of landfill gas. Book 55 - Page 35 Board Minutes of October 19, 2006 It was moved by Member Nejedly and seconded by Member Hockett to authorize a 90- day Notice of Termination to Bulldog Gas and Power, LLC, for the gas sales agreement dated November 1, 2001, effective February 1, 2007 and to direct staff to negotiate a proposed new long-term agreement for the purchase of landfill gas. Motion passed by the following vote of the Board: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Hockett, Nejedly, Menesini None Lucey 10. APPROVAL OF MINTUES a. MINUTES OF SEPTEMBER 21. 2006 It was moved by Member Hockett and seconded by Member Nejedly to approve the minutes of September 21, 2006. Motion passed by the following vote of the Board: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Hockett, Nejedly, Menesini None Lucey 11. BUDGET AND FINANCE a. RECEIVE THE AUDITED FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED JUNE 30. 2006 General Manager James Kelly stated that Vavrinek, Trine, Day and Company has completed its audit of the District's financial statements for fiscal year 2005-2006. There was no management letter issued as the District has strong internal controls in place. A. J. Majors, a partner in the firm, reviewed the results of the audit. He stated that the District again received an unqualified position, with no reportable conditions or management comments. He stated that additional auditing standards will be in effect for the fiscal year ending June 2008, and his company will be required to document its assessment of risk areas more than previously. It was moved by Member Boneysteele and seconded by Member Hockett to accept the audited Financial Statements for the Fiscal Year Ended June 30, 2006. Motion passed by the following vote of the Board: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Hockett, Nejedly, Menesini None Lucey 12. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 13. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None. Book 55 - Page 36 Board Minutes of October 19, 2006 14. ADJOURNMENT There being no further business to come before the Board, President Menesini adjourned the meeting at 3:40 p.m. ~~'DM. ~. President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: ~~ Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Book 55 - Page 37