HomeMy WebLinkAboutBOARD MINUTES 01-11-07
MINUTES OF THE SPECIAL JOINT MEETING OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
AND CENTRAL CONTRA COSTA SANITARY DISTRICT
FACILITIES FINANCING AUTHORITY
HELD ON JANUARY 11, 2007
The District Board of the Central Contra Costa Sanitary District convened in a special
joint meeting of the Central Contra Costa Sanitary District and Central Contra Costa
Sanitary District Facilities Financing Authority at its regular place of meeting, 5019
Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on
Thursday, January 11, 2007.
President Nejedly called the meeting to order and requested that the Secretary call roll.
1. ROLL CALL
PRESENT: Members: Hockett, Lucey, McGill, Menesini, Nejedly
ABSENT: Members: None
a. PLEDGE OF ALLEGIANCE TO THE FLAG
Board and staff joined in the Pledge of Allegiance to the Flag.
b. INTRODUCTIONS
Board Members congratulated David Wyatt on his promotion to Household Hazardous
Waste Supervisor and Warren Katchmar on his promotion to Mechanical Supervisor.
2. PUBLIC COMMENTS
There were no public comments.
3. AWARDS AND COMMENDATIONS
a. ADOPT RESOLUTION COMMENDING MARIO MENESINI FOR HIS SERVICE
AS PRESIDENT OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
BOARD OF DIRECTORS FOR 2006
President Nejedly thanked Member Menesini for his service as President during 2006
and presented him with Resolution 2007-001 memorializing his accomplishments as
President.
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Board Minutes of January 11, 2007
4. CONSENT CALENDAR
It was moved by Member Hockett and seconded by Member Menesini to approve the
Consent Calendar, consisting of Items a. through h., as recommended, to adopt
resolutions, and to authorize recordings. Motion passed by unanimous vote of the
Board.
a. Accept the contract work for the Chemical Feed Building Renovation, District
Project 7226, and authorize the filing of the Notice of Completion.
b. Approve the Walnut Creek Sewer Renovations, Phase 5, District Project 5964,
for CEQA/permitting purposes and direct staff to file a Notice of Exemption with
the Contra Costa County Clerk.
c. Establish February 15, 2007 as the date for a public hearing to receive
comments on the proposed modifications to Title 10 of the District Code (Source
Control Ordinance).
d. Establish February 15, 2007 as the date for a public hearing to receive
comments on proposed modifications to District Local Discharge Limits.
e. Authorize medical leave of absence without pay for Steve Cavin, Household
Hazardous Waste Technician II, through March 1, 2007.
f. Reject claim for plumbing bill reimbursement of Robert Taines.
g. Reject claim for damages by Lorraine Kaufman regarding property located in
Orinda, California
h. Authorize the General Manager to execute an amendment to the existing
agreement (Agreement 031787) with Whitley-Burchett and Associates to
increase the cost ceiling by $30,000 to a total of $90,000 for providing design
services for the Lower Orinda Pumping Station Upgrades – Phase 2, District
Project 5944.
5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
Item 7.a.3. was heard before 7.a.2. due to the presence of a member of the public in
attendance.
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Board Minutes of January 11, 2007
6. BIDS AND AWARDS
a. DECLARE THE BID SUBMITTED BY AIR PERFECTION, INC. NON-
RESPONSIVE; AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF
$1,503,800 FOR THE CONSTRUCTION OF THE SERVICE AIR SYSTEM
IMPROVEMENTS, DISTRICT PROJECT NO. 7210, TO MONTEREY
MECHANICAL COMPANY, THE LOWEST RESPONSIBLE AND RESPONSIVE
BIDDER AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE THE
CONTRACT DOCUMENTS; AND AUTHORIZE THE GENERAL MANAGER TO
EXECUTE AN AMENDMENT TO AN EXISTING PROFESSIONAL SERVICES
AGREEMENT NOT TO EXCEED $95,000 WITH ATI ARCHITECTS AND
ENGINEERS TO REVIEW SHOP DRAWINGS AND SUBMITTALS, RESPOND
TO DESIGN QUESTIONS, EVALUATE CHANGE ORDER REQUESTS, AND
PERFORM SITE VISITS TO VERIFY COMPLIANCE WITH THE DESIGN
INTENT
General Manager James Kelly stated that the Service Air System Improvements Project
is part of the District’s ongoing renovation and replacement program. The air system is
one of the critical treatment plant systems and provides compressed air for
instrumentation and mechanical units and consists of compressors, dryers, and receiver
tanks. The scope of the project is described in the position paper.
He stated that, on December 19, 2006, four bids were opened for the subject project.
The Engineer’s Estimate was $1,600,000. The lowest responsive bidder is Monterey
Mechanical Company with a bid of $1,503,800. Air Perfection submitted a bid that was
incomplete and therefore non-responsive.
He stated that staff and District Counsel recommend that the Board declare the bid
submitted by Air Perfection, Inc. non-responsive; award a construction contract in the
amount of $1,503,800 for the construction of the Service Air System Improvements,
District Project No. 7210, to Monterey Mechanical Company, the lowest responsible and
responsive bidder and authorize the General Manager to execute the contract
documents; and authorize the General Manager to execute an amendment to an
existing professional services agreement not to exceed $95,000 with ATI Architects and
Engineers to review shop drawings and submittals, respond to design questions,
evaluate change order requests, and perform site visits to verify compliance with the
design intent.
In response to a question from President Nejedly, Mr. Kelly stated that Air Perfection
does not object to the rejection of their bid as non-responsive.
It was moved by Member Hockett and seconded by Member Lucey to declare the bid
submitted by Air Perfection, Inc. non-responsive; to award a construction contract in the
amount of $1,503,800 for the construction of the Service Air System Improvements,
District Project No. 7210, to Monterey Mechanical Company, the lowest responsible and
responsive bidder and authorize the General Manager to execute the contract
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Board Minutes of January 11, 2007
documents; and to authorize the General Manager to execute an amendment to an
existing professional services agreement not to exceed $95,000 with ATI Architects and
Engineers to review shop drawings and submittals, respond to design questions,
evaluate change order requests, and perform site visits to verify compliance with the
design intent. Motion passed by unanimous vote of the Board.
7. REPORTS
a. GENERAL MANAGER
1) Report on Self Insured Retention
General Manager James Kelly stated that, at the September 7, 2006 Board
meeting, staff reviewed the District’s Self Insured Retention (SIR) level, the
Brown claim and factors to be considered in setting the appropriate level of the
SIR. The Board requested that staff review the issue with District Counsel and
bring this back for further discussion and Board direction.
Director of Administration Randy Musgraves presented a report covering SIR,
claims administration, preventative programs and legal and liability
considerations. He stated that the current SIR deductible is $500,000, and the
District purchases $10,000,000 general liability insurance for additional
protection. The general liability coverage covers sewer overflows, land
subsidence and non-auto bodily harm and personal injury. The District also has
automobile liability, employment practices liability and errors and omissions
liability coverage.
He stated that the District has a good history for claims, which amount to
approximately $100,000-$150,000 annually. The District has a good reputation
for claim response and administration and has received positive feedback from
homeowners and surveys.
Environmental Services Division Manager Curt Swanson provided information on
the possible preventative programs, which can include overflow reduction,
overflow protection devices (OFD) and lateral inspection and replacement. He
stated that OFD’s are currently required for all connections, however there are
approximately 50,000 existing connections without an OFD. Approximately 300-
600 per year are installed on existing homes during lateral sewer repairs. Other
possible approaches include education and self-certification, an inspection
program, and OFD inspection and installation at the time of a property sale.
Director of Administration Randy Musgraves stated that the Board may want to
consider the District’s exposure to inverse condemnation claims, particularly with
regard to land subsidence and sewer overflows when considering what SIR level
to choose. He concluded that staff recommends obtaining costs for premium
renewal at different SIR levels and review those costs with the Board in June for
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Board Minutes of January 11, 2007
a decision on insurance coverage and SIR levels, including a $1,000,000 SIR;
and consider strengthening the OFD requirements and enforcement to reduce
District liability.
Member Hockett recalled that strengthened OFD requirements and enforcement
were to be part of the District Code. The Code is currently being revised and will
include language that reflects the Board’s policy direction to staff on this matter.
She recommended that staff begin to evaluate the circumstances of the overflow
before cleanup begins by the firm that the District calls out, rather than after, and
that homeowners be notified up front if the cleanup is going to be their
responsibility. She also recommended that OFD’s not be included as part of the
property sale disclosure.
In response to a question from Member McGill, District Counsel Kent Alm
explained inverse condemnation, and the reasons for the realtors’ objection to
tying inspections to property sale disclosures.
General Manager James Kelly explained that the realtors requested that
additional public education be conducted by the District, which occurred through
Pipeline articles and free overflow devices. He agreed it would be appropriate to
revisit the situation and meet again with local realtors.
Member Lucey provided a brief history of an overflow claim and the self-insured
retention issue.
Member Menesini stated that public outreach needs to be revisited and
increased, and involvement of local hardware stores explored. He supported re-
establishing contact with realtors, perhaps through a workshop.
Board Members discussed ideas for public outreach and education.
General Manager James Kelly confirmed that staff will return to the Board with
the cost of SIR options. Staff will work on increasing public outreach and
education relating to the installation of overflow prevention devices, and will
return to Board with a summary of what is being done, what additional outreach
could be considered, and what additional steps the Board could consider to
increase the number of overflow prevention devices.
3) Landfill Gas Report.
This item was taken out of order.
General Manager James Kelly stated that the Board authorized termination of the
landfill gas agreement with Bulldog Gas and Power effective February 1, 2007.
The District has been using landfill gas since 1983 and California’s new
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Board Minutes of January 11, 2007
greenhouse gas law, AB 32, recognizes landfill gas as not being a greenhouse
gas, which is another benefit.
Director of Plant Operations Doug Craig stated that the 2006 landfill gas outages
and the sales agreement will be discussed.
He described the outages during 2006, which included a scheduled shutdown on
February 15, which lasted 30 days; a shutdown on July 23, after excessive
moisture in the gas, which lasted for 103 days; and a 12-day shutdown on
December 28 due to electrical problems.
With regard to the gas sales agreement, the District issued a notice of
termination effective February 1, 2007. Staff met with Bulldog to discuss the
major issues. He stated that Bulldog agreed to change the termination date to
May 1, 20012, concurred with a 90-day termination, agreed to a term of five
years, and agreed to increase gas monitoring frequency. Bulldog also agreed in
concept to investigate options with regard to a new analyzer, and offered a price
cap of $8 per decatherm on natural gas, which is a $4.60 per decatherm cap on
landfill gas.
He described the current price structure, which includes a 30-50 percent
discount, with no floor or ceiling. He stated that the net District benefit of using
landfill gas instead of natural gas is a savings of $246,000-$452,000 per year.
He stated that staff recommends continuing negotiations of the agreement with
Bulldog, including maintaining the current pricing structure with a natural gas cap
of $8 and no price floor for landfill gas; a five-year agreement with a 90-day
notification to terminate prior to May 1 of each year; and finalizing the gas
monitoring requirements.
Member Lucey stated that, in his opinion, it would be acceptable to have a floor
on the gas price.
Nick Farros, Bulldog Gas & Power, stated that they are in the process of
upgrading the compressor.
Following discussion, the Board concurred with staff’s recommendations
contained in the report and recommended a price floor be included. They also
directed staff to return to the Board with a proposed agreement at the February
1, 2007 Board meeting, if possible.
2) Report on Right-of-Way Work
General Manager James Kelly stated that President Nejedly requested a report
about District right-of-way activities and what services are provided by the
consulting firm Associated Right of Way Services.
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Board Minutes of January 11, 2007
Environmental Services Division Manager Curt Swanson presented an overview
of the District’s right-of-way activities, describing the various types of right-of-way
categories and the acquisition process.
He stated that the District is replacing some of its older sewers, most of which
are in people’s back yards, which in turn creates considerable right of way and
engineering work. Over the past ten years, staffing levels have increased to 3.5
people working on right-of-way, which is still insufficient to handle the workload.
He stated that the District has a contract with Associated Right of Way Services,
which is a full-service consulting firm that provides specialized and staff
extension services, including appraisals, negotiation services and document
research and preparation.
He described the North Orinda Phase 2 sewer project, which is a typical sewer
renovation project. The project will replace 4,000 feet of sewer which is mostly
located in back yards, across 23 properties. In some cases, the easements need
to be relocated due to trees or encroachments. The easement values range from
$2,500 to $16,000, and 10-80 hours per property is required to acquire the
necessary right-of-way. Condemnation may be required for 1 to 4 of the
properties. He stated that staff is proposing to utilize the legal services of
Wendel, Rosen, Black & Dean for this project.
Mr. Swanson stated that staff performs the base right-of-way workload, using
outside consultants for peak workloads and special or complex tasks.
Associated Right of Way Services is under contract with the District for three
years. Other outside appraisers are used to meet project schedule requirements.
4) General Manager James Kelly announced the completion of DP 8215,
Collection System Operations Department Caltrans Lease Area and Site
Improvements.
5) General Manager James Kelly announced that the San Francisco
Chronicle Watch published an update on the replacement of the bridges
and sewer pipes at Hidden Lakes Park in Martinez. The replacement
sewers are now in service and the contractor will be adding safety fencing
at each end of each sewer as well as informational signs. When the
project is complete, the City of Martinez will be responsible for the future
maintenance of the bridge structure.
6) General Manager James Kelly announced that, on December 27, 2006,
the District received extensive comments from the National Park Service
on the first draft of the Environmental Assessment for obtaining an
easement across the John Muir gravesite for the Alhambra Valley Trunk
Sewer, Phase 2. These comments were received on schedule. Staff will
meet with the National Park Service on January 19, 2007 to review the
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Board Minutes of January 11, 2007
comments and District responses. At this time, staff estimates the
environmental documentation may be delayed by approximately one
month. This schedule will be firmed up following the January 19meeting.
If the schedule slippage can be limited to one month, it should still allow
completion of construction of the trunk sewer this summer. Staff will
continue to update the Board as new information becomes available.
Member Lucey requested information relating to the additional costs that
would be incurred if the project experiences further delays.
7) General Manager James Kelly announced that the City of Concord
experienced a sewer spill into Contra Costa Water District canal. The City
of Concord contacted staff to ask if they can utilize some of the plant area
temporarily to stage the dewatering of contaminated material from the
sewer spill. They spilled into an out-of-service Contra Costa Water District
canal and will be removing material that consists of accumulated dirt and
vegetation as well as sewage. Concord needs a place to dewater this
material and they will then haul the solids to appropriate disposal. They
are pursuing a number of options and would utilize the District site as a
last resort. Source Control and Plant Operations will work with the City of
Concord if assistance is needed, without adversely impacting plant
operations and assuring costs will be recovered.
8) General Manager James Kelly announced receipt of a letter from Steven
Adams, CEO of Rossmoor, requesting a door-to-door household
hazardous waste service. He stated that a response has been drafted.
9) General Manager James Kelly announced that a response was also sent
to the Contra Costa Times Letter to the Editor replying to comments made
by Chris Tasik also regarding the collection of household hazardous
waste.
10) General Manager James Kelly announced the advertisement of the
Dissolved Air Flotation (DAF) Polymer System Improvements Project, DP
7258.
He stated that the project will design and install modifications to convert
the existing dry polymer system to a permanent liquid polymer addition
system to feed polymer to the dissolved air thickeners. The project
consists of the installation of a polymer-blending system similar to the one
used for the dewatering system as well as four new metering pumps.
These modifications will also allow transfer of polymer from the dewatering
area to DAF storage tank to facilitate polymer addition to the DAFs even if
the DAF polymer makeup system is offline. The project will be advertised
this month and bids will be opened in February. Staff estimates the Notice
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Board Minutes of January 11, 2007
of Award and Notice to Proceed would be issued in March. The
construction cost is currently estimated at $495,000.
11) General Manager James Kelly announced that staff and District counsel
submitted comments on the proposed National Pollutant Discharge
Elimination System (NPDES) permit to the State Water Resources Control
Board (SWRCB) on December 30, 2006. Staff and District counsel will
present the District’s comments at the SWRCB meeting of January 23,
2007. Staff will update the Board on the proposed NPDES permit at the
February 1, 2007 Board Meeting.
12) General Manager James Kelly announced that the District’s website,
centralsan.org, needs to be updated to provide better customer service to
residents and businesses in the service area. The new website will
provide greater functionality in exchanging information and conducting
business with the public. Components and functionality of the updated
site are anticipated to include:
??
More user-friendly interface to searching site content
??
ADA compliance
??
Enhanced business features such as e-commerce
??
Online forms including Source Control Permit Applications
??
New HR employment page with online Job Application
??
Flexible structure that allows for easy expansion/update
A Request for Proposal process is underway to obtain costs, time
requirements and update recommendations. The proposals will be
presented to the Board Outreach Committee for input prior to
consideration by the full Board.
13) General Manager James Kelly announced that staff was informed by a
member of her family that District’s contract internal auditor, Rosemary
Belland, passed away in December. Ms. Belland had completed her fiscal
year 2005-2006 audits and staff is assessing the status on the internal
audit areas for fiscal year 2006-07: sewer service charge process; permit
counter operations; and audit of maintenance facilities spare parts. Ms.
Belland performed her duties for the District in a professional and
insightful manner, and she will be missed for contributions to improving
the District’s operations and her helpful and pleasant attitude.
14) General Manager James Kelly announced that the Leadership Journey
Training Program was developed as part of the Continuous Improvement
and Succession Planning efforts. The training consisted of 24-series
brown-bag lunchtime sessions held twice monthly that featured the DVD
series entitled “The Leadership Journey” featuring Phillip Van Hooser, who
is a nationally-recognized leadership development trainer. The DVD was
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Board Minutes of January 11, 2007
followed by group discussion facilitated by an assortment of supervisors
and managers. The participants included employees from Central San
and the City of Martinez. Thirty-eight Central San and six City of Martinez
employees completed the program. An informal awards luncheon was
held yesterday and certificates of completion were given to attendees.
Staff anticipates the program will be repeated based on the positive
comments received on the training.
15) General Manager James Kelly announced that Director of Engineering
Ann Farrell will be attending the National Association of Clean Water
Agencies (NACWA) Winter Conference in St. Petersburg, Florida January
30 through February 2, 2007. The focus of this conference is national and
global trends that are driving increases in capital project costs. The
conference will offer insight on cost trends for capital projects in the future.
Ms Farrell’s attendance will be funded through her Management Training
and Education allowance.
16) General Manager James Kelly announced that a motorcycle owned a
Temporary Maintenance Technician was stolen on December 28 from the
street side on the service road south of the plant that parallels State
Highway 4. Maintenance and warehouse personnel have used this
parking location for years. The parking area is generally viewed as a safe
location with only two recalled incidents of vandalism over the many years.
The Concord police, the District’s Safety Office and security were notified.
17) General Manager James Kelly announced that the District was minimally
impacted by a small airplane crash on December 21, just south of State
Highway 4 near Solano Avenue. The plane crashed and caught on fire,
delaying traffic on State Highway 4 and Interstate 680 in all directions.
Emergency response vehicles responded to the scene and controlled the
fire. The District has an Aircraft Crash Response Protocol. In light of the
recent accident staff is reviewing the protocol and will modify it as
appropriate to ensure the impact of traffic delays are in included in the
Protocol.
18) General Manager James Kelly announced that the Pumping Station
Supervisory Control and Data Acquisition (SCADA) system provides
remote access to the 18 District pumping stations and one metering
station for both control and data. As originally envisioned, the pumping
station operator would dial a number and access the system via modem.
The rapid changes in the Internet, the availability of Broadband access
and the added speed in working with SCADA resulting from the use of
Broadband has resulted in most of the Pumping Station Operators using
their personal Broadband internet service provider to access SCADA at
their own expense.
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Board Minutes of January 11, 2007
The speed of Broadband is most important when the on-call Pumping
Station Operator receives an alarm from the SCADA system via pager or
Nextel. Information Technology Administrator Mark Greenawalt reviewed
this situation and recommended installing Remote Local Area Network
(RLAN) access at each Pumping Station Operator’s home in place of
using the Internet. This will reduce security risks that are inherent in
using the Internet Broadband services, improve the manageability of
service through remote access, and provide a reliable connection to the
District network.
The RLAN can be installed for all but one of the operators, who lives too
far from an AT&T primary office to have RLAN. It is proposed to provide
him a second phone line for SCADA use only. The first year cost is
estimated to be $10,600 with $5300 in following years. This matter was
reviewed by the Personnel Committee.
Announcements 10-18 were presented as a memo in the Board packet.
b. COUNSEL FOR THE DISTRICT
District Counsel Kent Alm announced that mediation on the Lower Orinda Pumping
Station construction project claim has been scheduled for March 22, 2007.
c. SECRETARY OF THE DISTRICT
Secretary of the District Elaine Boehme announced the mailing to Board Members of
2006 Campaign Statements and the deadline of January 31, 2007.
d. Board Members
1) Member Hockett, former 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 President
Nejedly to approve the Expenditure List dated January 11, 2007, including
Self Insurance Fund Check Nos. 102809 to 102810; Running Expense
Manual Check Nos. 162504; Running Expense Regular Check Nos.
163872 to 164368; Sewer Construction Fund Check Nos. 29562 to 29670;
Payroll Manual Check Nos. 49140 to 49141; and Payroll Regular Check
Nos. 56022 to 56050. Motion passed by unanimous vote of the Board.
2) With regard to Board Committee assignments for 2007, President Nejedly
presented the proposed assignments as follows. He also stated that he
will serve as or appoint another Alternate as necessary on the Board
Committees.
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Board Minutes of January 11, 2007
Budget and Finance Committee
Chair: Member McGill
Member: President Nejedly
Capital Projects Committee
Chair: Member Hockett
Member: Member McGill
Household Hazardous Waste Committee
Chair: Member Hockett
Member: Member Menesini
Outreach Committee
Chair: Member Menesini
Member: Member Hockett
Personnel Committee
Chair: Member Lucey
Member: President Nejedly
Real Estate Committee
Chair: Member Lucey
Member: President Nejedly
Recycled Water Committee
Chair: Member McGill
Member: Member Hockett
CSO Ad Hoc Committee
Chair: Member Lucey
Member: President Nejedly
California Special Districts Association
Contra Costa Chapter
Representative: Member Menesini
Alternate: Member Hockett
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Board Minutes of January 11, 2007
Friends of San Francisco Estuary
Representative: Member Menesini
Sanitation and Water Agencies of Contra Costa County
Representative: Member Hockett
Alternate: Member Lucey
Concord President Nejedly
Pacheco
Alamo Member Hockett
Danville
San Ramon
Lafayette Member McGill
Walnut Creek
Martinez Member Menesini
Pleasant Hill
Contra Costa County
Moraga Member Lucey
Orinda
3) Member Menesini announced the upcoming Environmental Alliance
meeting to be held on January 22, 2007, the topic of which is “China –
Environmental Challenges and Solutions.”
Board Members commended staff on the production of the Pollution
Prevention Calendar, comprising of artwork created by District employees.
President Nejedly requested a report on which agenda items can be
placed on the Consent Calendar.
8. ADMINISTRATIVE
a. CONSIDERATION OF SETTING A PUBLIC HEARING TO REVIEW BOARD
MEMBER COMPENSATION
General Manager James Kelly stated that, at the December 14, 2006 Board meeting,
Member Lucey asked that discussion of Board Member compensation be placed on an
upcoming agenda. The Board is now asked to consider whether or not it wishes to
schedule a public hearing to review its compensation. If the Board decides to schedule
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Board Minutes of January 11, 2007
the matter for public hearing, the hearing could be scheduled for February 15 or later, or
in June when it would be considered during the budget hearings.
District Counsel Alm stated that any ordinance adjusting Board compensation requires a
four-fifths vote of the Board.
It was moved by Member Lucey and seconded by Member Hockett to set a public
hearing for February 15, 2007 to consider adopting an ordinance to raise Board
Member compensation to $221 per meeting. The motion was amended by the maker
and seconder to include the provision that, if adopted, the ordinance be effective at the
earliest possible date. Motion passed by unanimous vote of the Board.
9. ENGINEERING
a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT
WITH WENDEL, ROSEN, BLACK & DEAN AT AN ESTIMATED COST OF
$100,000 TO PROVIDE PROFESSIONAL LEGAL SERVICES FOR THE
NORTH ORINDA PHASE II SEWER REHABILITATION PROJECT AND THE
EASEMENT ACQUISITIONS PROJECT, DISTRICT PROJECTS 5968 AND
8179
General Manager James Kelly stated that staff is requesting approval of an agreement
with Wendel, Rosen, Black & Dean of Oakland to provide legal services related to the
acquisition of sewer easements and other property rights related to the North Orinda
Phase 2 Sewer Rehabilitation Project. The earlier staff report and the position paper
address this matter. The efforts of this firm will be coordinated with District Counsel
Kent Alm on legal approaches related to property rights acquisition for this project.
Member Lucey stated that the Board hires the General Manager, Secretary of the
District, and District Counsel, but due to the time constraints he is willing to support the
recommendation. He requested that the scope be limited to the North Orinda, Phase II
Project, and that District Counsel receive copies of all legal correspondence.
Member Menesini stated that the legal department is growing quickly, and now includes
right-of-way, human resources and special project attorneys. He requested a report on
how the legal services are being coordinated and managed by staff.
It was moved by Member Lucey and seconded by Member Hockett to authorize the
General Manager to execute an agreement with Wendel, Rosen, Black & Dean at an
estimated cost of $100,000 to provide professional legal services for the North Orinda
Phase II Sewer Rehabilitation Project and the Easement Acquisition Project, District
Projects 5968 and 8179; and to direct staff to provide District Counsel Kent Alm with
copies of all legal correspondence on the projects. Motion passed by unanimous vote
of the Board.
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Board Minutes of January 11, 2007
b. AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AMENDMENT TO
AN AGREEMENT WITH ATI ARCHITECTS AND ENGINEERS IN THE
AMOUNT OF $140,000, INCREASING THE CURRENT AGREEMENT TO
$270,000, FOR ADDITIONAL PROFESSIONAL SERVICES IN CONNECTION
WITH THE STANDBY POWER FACILITY IMPROVEMENTS PROJECT,
DISTRICT PROJECT 7248
General Manager James Kelly stated that the consultant contract with ATI Architects
and Engineers for the design of the standby power project must be amended to reflect
recommended changes in the design and the expansion of the scope of work. The
changes in the scope of work have been described in some detail in the position paper,
and staff is available with a brief presentation or to answer questions if needed.
It was moved by Member Hockett and seconded by Member Lucey to authorize the
General Manager to execute an amendment to an agreement with ATI Architects and
Engineers in the amount of $140,000, increasing the current agreement to $270,000, for
additional professional services in connection with the Standby Power Facility
Improvements Project, District Project 7248. Motion passed by unanimous vote of the
Board.
10. APPROVAL OF MINTUES
a. MINUTES OF NOVEMBER 16, 2006; NOVEMBER 30, 2006; DECEMBER 7,
2006; AND DECEMBER 14, 2006
It was moved by Member Lucey and seconded by Member Menesini to approve the
minutes, with Member McGill abstaining on the minutes of November 16 and November
30 and Member Hockett abstaining on the minutes of November 16 due to absences.
Motion passed by unanimous vote of the Board.
11. BUDGET AND FINANCE
a. RECEIVE NOVEMBER 2006 FINANCIAL STATEMENT
Controller Debbie Ratcliff presented a report on the Running Expense Fund, the Sewer
Construction Fund and Temporary Investments.
b. ADJOURN SPECIAL BOARD MEETING AND RECONVENE AS THE CENTRAL
CONTRA COSTA SANITARY DISTRICT FACILITIES FINANCING AUTHORITY
TO CONDUCT ITS ANNUAL MEETING
The Board of Directors of the Central Contra Costa Sanitary District adjourned at 3:32
p.m. to reconvene immediately as the Board of Directors of the Central Contra Costa
Sanitary District Facilities Financing Authority to conduct its Annual Meeting.
Thereafter, the Board reconvened as Central Contra Costa Sanitary District Board of
Directors at 3:35 p.m.
Book 56 - Page 15
Board Minutes of January 11, 2007
12. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None.
13. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS
General Manager James Kelly confirmed that staff will prepare an analysis on the
District's legal services which will be brought back to the Board in March; a report on
which items may be placed on the Consent Calendar; a report on outreach suggestions
for increasing the number of overflow prevention devices; and a draft response to
Rossmoor's request for District to franchise household hazardous waste pickup in
Rossmoor.
14. ADJOURNMENT
There being no further business to come before the Board, President Menesini
adjourned the meeting at 3:36 p.m.
G.
Pr . ent of the Board Direc ors,
entral Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
(;Jl J3,0~
Secretary of the Central Contra Costa
Sanitary District, County of Contra Costa,
State of California
Book 56 - Page 16