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HomeMy WebLinkAboutBOARD MINUTES 03-15-07 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MARCH 15,2007 The District Board of the Central Contra Costa Sanitary District convened in a regular meeting at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on Thursday, March 15,2007. 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: 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 Maintenance Crew Member I, Alex Benavidez and congratulated Randy Grieb on his promotion to Plant Operations Division Manager. 2. PUBLIC COMMENTS There were no public comments. 3. AWARDS AND COMMENDATIONS a. REPORT BY DIRECTOR OF ADMINISTRATION RANDY MUSGRAVES ON SAFETY SUGGESTION OF THE YEAR AWARD FOR 2006 FOR SUGGESTION SUBMITTED BY WILSON BROOKS. MAINTENANCE CREW MEMBER II. COLLECTION SYSTEM OPERATIONS DIVISION Following a report by Director of Administration Randy Musgraves, Mr. Musgraves presented the Safety Suggestion Award to Wilson Brooks in recognition of his suggestion to install Ground Fault Interrupter units on all plugs, especially electrical outlets that are exposed to wet weather conditions. 4. CONSENT CALENDAR It was moved by Member Lucey and seconded by Member Hockett to approve the Consent Calendar, to adopt resolutions, and to authorize recordings. Motion passed by unanimous vote of the Board. Book 56 - Page 60 Board Minutes of March 15, 2007 a. Approve expenditures dated March 15,2007, including Self Insurance Fund Check Nos. 102817 to 102818; Running Expense Manual Check No. 162508; Running Expense Regular Check Nos. 164972 to 165132; Sewer Construction Fund Check Nos. 29799 to 29844; Payroll Manual Check No. 49150; and Payroll Regular Check Nos. 56102 to 56129. Reviewed by Budget and Finance Committee. b. Approve minutes of February 15, 2007 Board Meeting. c. Accept the 2006 Annual Report of the Deferred Compensation Plan Advisory Committee. Reviewed by Budget and Finance Committee. d. Advise the Board of the closeout of the Treatment Plant Protective Coating Project, Phase 3, District Project 7233. e. Accept the contract work for the CSOD Caltrans Lease Area and Site Improvements Project, District Project 8215, and authorize filing of the Notice of Completion. f. Accept the contract work for the M4-A Forcemain Reconstruction, District Project 5410, and authorize filing of the Notice of Completion. g. Adopt Resolution 2007-036 accepting an offer of dedication from Jamil and Karen Abu-Hamdeh, accepting public sewer improvements (Job 5257, Parcel 3, Dunsyre Drive, Lafayette), and authorize staff to record documents with the Contra Costa County Recorder. h. Adopt Resolution 2007-037 accepting an offer of dedication from George E. Moore, accepting public sewer improvements (Job 5257, Parcel 2, Dunsyre Drive, Lafayette), and authorize staff to record documents with the Contra Costa County Recorder. I. Adopt a Resolution 2007-038 and Resolution 2007-039 accepting two offers of dedication from West Coast Home Builders, Inc., accepting public sewer improvements (Job 5413, Parcel 2 and Map Tract 7744 - Legacy Drive, Alamo) and authorize staff to record documents with the Contra Costa County Recorder. j. Authorize the General Manager to execute a professional services agreement with Cropper Accountancy Corporation to perform the examination of the financial statements for fiscal years 2006-2007 through 2009-2010 with the option of a one-year extension. Approval recommended by Budget and Finance Committee. k. Establish April 19, 2007 as the date for a public hearing regarding a proposed ordinance to amend District Code Chapter 6.12 "Capacity Fee Program." Book 56 - Page 61 Board Minutes of March 15, 2007 I. Establish April 19, 2007 as the date for a public hearing regarding a proposed ordinance to amend District Code Chapter 6.30 "Schedule of Environmental and Development-Related Rates and Charges." m. Adopt 5 percent salary differential for Associate Engineer in Environmental Services/Right of Way Section with Professional Land Surveyor Registration. Approval recommended by Personnel Committee. 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 6. BIDS AND AWARDS a. REJECT ALL BIDS SUBMITTED FOR THE CONSTRUCTION OF THE OAF POLYMER SYSTEM IMPROVEMENTS, DISTRICT PROJECT 7258 General Manager James Kelly stated that the recently-updated Solids Handling Facilities Plan identified the need to upgrade the polymer addition system for the dissolved air flotation thickeners so that the units perform adequately under present and future peak loading conditions. The design was completed and bids for the construction work were opened on February 13, 2007. He stated that staff is recommending rejection of the bids. Associate Engineer Gary Rathunde presented the bid results. He stated that four bids were received ranging from $771,500 to $886,900. The Engineer's Estimate was $530,000. He observed that the high bids were probably due to the high cost of the sole source equipment listed in the specs, underestimating the cost of the electrical work, and the complexity of the control system component. He stated that staff recommends that the project be value-engineered to reduce the construction costs, new bid documents prepared, and the project rebid. He concluded that staff recommends rejection of the bids. It was moved by Member Menesini and seconded by Member Hockett to reject all bids submitted for the construction of the OAF Polymer System Improvements, DP 7258 as recommended. Motion passed by unanimous vote of the Board. 7. REPORTS a. GENERAL MANAGER 1 ) Report Plant Operations Department HV AC Proiect General Manager James Kelly stated that the Headquarters Office Building (HOB) and Plant Operations Building (POB) HVAC Improvements Project has been under construction for about six months. The project work is complex and Book 56 - Page 62 Board Minutes of March 15, 2007 challenging as it includes new HVAC units and controls for HOB, POB, the Board Room, and a new roof for HOB and the Board Room. Recently, asbestos- containing material was found in POB. The project's construction team is managing its abatement and evaluating the construction impacts. Senior Engineer Alex Rozul provided the Board with an update on the HOB/POB HVAC Project. He provided an overview of the project and its scope. The contract amount is $3.7 million, and the project is currently 70 percent completed. Completion is scheduled for May 31,2007. The project includes replacement of the absorption chiller on POB, replacement of the HOB HVAC roof top units and boiler on the third floor, replacement of interior ducts, and replacement of the roof on the HOB and Board Room. He stated that asbestos-containing material was found in POB, and tests indicate its presence on the underside of the insulation jacket of hot water piping and in the cement overspray at one location. Safe working conditions have been maintained. Airborne asbestos fibers measured averaged 0.002 to 0.003 fibers per cubic centimeter, and OSHA's permissible exposure limit is 0.1 fibers per cubic centimeter. The abatement in the POB basement and mechanical room has been completed and POB staff will move to the second floor of the HOB while the remaining abatement is completed. The approximate cost of the asbestos abatement is $200,000 and will take up to six weeks to complete. Staff will return to the Board to authorize a change order to complete the asbestos abatement. In response to a question from Member Lucey, Mr. Rozul stated that there are approximately 300-400 lineal feet of affected piping (NOTE: this figure was subsequently determined to be 1,000 feet). 2) Proposed attendance of Member McGill at Association of California Water Aoencies (ACWA) 2007 Leoislative Svmposium in Sacramento - March 21.2007 General Manager James Kelly stated that Member McGill has asked to attend the one-day ACWA conference in Sacramento. The conference covers four topics: Proposition 84, California legislative issues, including flood protection and climate change, an opportunity to meet with legislators, and the Big Horn decision impact on rate setting. He stated that California Association of Sanitation Agencies (CASA) does not offer a comparable legislative symposium. Member Lucey stated that he did not concur with the proposed meeting attendance as he did not want to set a precedent for Board Members attending ACWA conferences, which focuses on clear water rather than wastewater. Other Board Members did not object to the proposed conference attendance. The following written announcements were provided to the Board. Book 56 - Page 63 Board Minutes of March 15, 2007 3) General Manager James Kelly announced the advertisement and public bidding of Walnut Creek Sewer Renovations, Phase 5, District Project 5964. He stated that the project is the fifth phase of approximately 15 phases of sewer renovations in Walnut Creek. It will renovate approximately 6,500 feet of 6- through 12-inch sewer pipe at five locations, replace the pipe across Civic Park pedestrian bridge that is part of the 2006 storm damage, and install six spot repairs. Work will be done in easements and public right-of-way within both City and County jurisdictions. The construction will primarily use the pipe bursting method, although some open cut will be required. This project will be advertised on March 26 and 31,2007. The bids will be opened on April 11, 2007. The construction cost is currently estimated at $1,600,000. More information will be presented when the Board is asked to approve the construction contract on April 19, 2007. 4) General Manager James Kelly announced that, on November 30,2006, Tetra-Tech, a United States Environmental Protection Agency contractor, conducted a compliance and evaluation inspection of the treatment plant. On March 2, 2007, the District received the inspection report from the Regional Water Quality Control Board. The overall rating from the inspection report was satisfactory (their highest rating). According to the report, the treatment plant was judged to be well maintained and operated efficiently. 5) General Manager James Kelly announced that, on February 28, 2007 District staff met with the Flood Control District to discuss the impacts of flooding on the District's treatment plant and future plans and projects by the Flood Control District to address the flood protection issues. District staff will be attending a County Transportation, Water and Infrastructure Committee meeting on March 12 and will also be joining the Flood Control District staff on March 13 in Sacramento to jointly present the flooding concerns pertaining to Grayson and Lower Walnut Creeks to the Army Corp of Engineers and to request support for funding to complete current studies and future projects related to these creeks. On April 5, Mitch Avalon, Deputy Public Works Director will be attending the District's Board meeting and will outline the Flood Control District's strategy for dealing with sediment build-up in the Walnut Creek Channel. Note: Mr. Kelly provided the following update at the Board Meeting: Staffs attendance at the meeting with the Army Corps of Engineers (ACOE) resulted in the ACOE expediting their calculations of the flood water levels expected from a 1 DO-year storm event in the existing un- dredged channel. This information is critical for the District to develop interim protective measures, and to seek funding for the interim project from other governmental agencies. Book 56 - Page 64 Board Minutes of March 15, 2007 6) General Manager James Kelly announced that Don Blubaugh, the Martinez City Manager, contacted Central Contra Costa Sanitary District staff about having a modest dedication ceremony for the Morello Bridges project recognizing the completion of our joint project. With Board concurrence, staff will work with the City of Martinez staff to arrange a dedication ceremony. Staff anticipates that some City Council Members and CCCSD Board members would participate in the ceremony. Note: The Board concurred with this proposal. 7) General Manager James Kelly announce~ that, as the Board was previously advised at the second Board meeting in January, a date has been set for the joint response drill with tbe City of San Ramon at the San Ramon Pumping Station for March 28,2007. The drill will start at 8:30 a.m. and should be done by midday or early afternoon. The San Ramon Police, San Ramon Valley Fire District, San Ramon Public Works, and the staff at nearby California High School and staff will be involved. The CCCSD equipment and staff will be staged near the pumping station site at about 9 a.m. to wait for the call from the City. The equipment will be the Cornell pump used to bypass pump the pumping station, one Vactor, and the pump van used to respond to overflows. The CSO staff will hook up the Cornell pump. The Fire District requested that the District bring other equipment to familiarize them with it. City staff has notified residents in the area. The students and their parents at nearby California High School have also been notified. It is anticipated that some members of the City Council will witness the drill. 8) General Manager James Kelly announced that, with regard to the Alhambra Valley Trunk Sewer Project, the District is steadily progressing through the National Environmental Policy Act (NEPA) process. The National Park Service local level staff reviewed and commented on the project's Environmental Assessment (EA). The EA was revised in response to their comments and was forwarded to the regional director's office for review. If everything continues to go favorably with the NEPA process, the District can expect to enter into a right of way agreement with the National Parks Service in late August 2007. Staff will continue to update the Board as new information becomes available. 9) General Manager James Kelly announced that the fountain and pond at the entrance to the Treatment Plant are out of service to replace a faulty drain valve, which had to be removed to obtain measurements and to order a new valve. The valve is scheduled to be installed on Friday, March 9, 2007, and the pond will be put back into service shortly thereafter. The previous pond outage was to replace the fountain pump. Book 56 - Page 65 Board Minutes of March 15, 2007 b. COUNSEL FOR THE DISTRICT District Counsel Kent Aim reported that the National Pollutant Discharge Elimination System permit appeal has been filed and is currently being held in abeyance. Dioxin and copper limits were appealed. c. SECRETARY OF THE DISTRICT Secretary of the District Elaine Boehme announced that a standing agenda item has been added to permit Board Members to report out on meetings attended at the District's expense, as required by AB 1234. Ms. Boehme also announced the upcoming Capital Projects Committee meeting on March 20, 2007. d. Board Members 1) Member McGill reported on the March 12, 2007 Budget and Finance Committee meeting. He stated that the Committee supported approval of the expenditures. 2) Member Lucey reported on the March 6, 2007 Real Estate Committee meeting. Board Members accepted the report without comments. 3) Member Lucey reported on the March 8, 2007 Personnel Committee meeting. Board Members accepted the report without comments. 4) Member Hockett and Director of Engineering Ann Farrell reported on the March 11-14, 2007 California Association of Sanitation Agencies (CASA) Legislative Conference in Washington D.C. 5) Member McGill announced he will be meeting with his liaison cities of Walnut Creek and Lafayette and attending Chamber of Commerce mixers. He reported on his and Member Hockett's attendance at a recent Contra Costa Council meeting. 8. ADMINISTRATION a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A CONTRACT FOR $90,000 WITH JEL PRODUCTIONS, INC. FOR THE DEVELOPMENT AND IMPLEMENTATION OF THE DISTRICT'S WEBSITE General Manager James Kelly stated that District staff has identified the need to update and reconfigure OTIS, the District's intranet. and the internet website. The intranet work is substantially completed, allowing staff to focus on reconfiguring the District's website. Key components to the upgrade include improved customer service through easier Book 56 - Page 66 Board Minutes of March 15, 2007 access to information, Americans with Disabilities Act compliance, interactive forms and applications and improved maintenance. Director of Administration Randy Musgraves presented a report, and described the proposed upgrades to the District's website. The purpose of the contract with Jel Productions is to improve the website's interactivity with customers and build interactive forms for Source Control and Human Resources. ADA accessibility issues will also be addressed, and business features such as e-commerce will be enhanced. The site will be user-friendly and intuitive. The $90,000 is only an initial component of the project. In addition, $20,000 will be needed to upgrade the HTE financial system. The Outreach Committee has reviewed the proposal and recommends approval. The next phase of the project will allow the Engineering Department to put bid documents on line, and that should be completed in approximately one year. It was moved by Member Menesini and seconded by Member Hockett to authorize the General Manager to execute a contract for $90,000 with Jel Productions, Inc. for the development and implementation of the District's website. Motion passed by unanimous vote of the Board. 9. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE 3-YEAR PERMIT CONTRACT WITH ACME FILL CORPORATION FOR DISCHARGE OF TREATED LANDFILL LEACHATE General Manager James Kelly stated that Acme Fill Corporation has discharged treated leachate to the District since 1994; in recent years, their compliance has been good. Acme's discharge is governed by a permit contract which expires at the end of this month. In order for Acme Fill to continue discharging, the permit contract needs to be renewed or the current contract extended. Since Acme Landfill accepted hazardous wastes, discharge has been highly regulated. Staff is proposing to renew the permit contract for another three-year term with some modifications. Director of Engineering Ann Farrell stated that the District was directed by the Regional Water Quality Control Board to accept treated leachate from Acme Fill in 1994, despite District concerns regarding possible plant upsets and startup problems. So far the operation has been stable. The objective of the permit contract is to provide for buy-in of capacity; provide for cost recovery of operations and maintenance; provide insurance to cover the cost of any plant upsets, and to establish operating standards and monitoring for ongoing protection. The District has accepted proposed changes by Acme Fill to reduce the monitoring program for influent and effluent; to reduce the frequency for submitting periodic compliance reports from monthly to quarterly; to decrease the requirement for general liability insurance from $6 million to $2 million; and to allow an increase in flow from the Book 56 - Page 67 Board Minutes of March 15, 2007 East Parcel. Changes proposed by Acme that are not acceptable are to allow the East Parcel leachate to be discharged without treatment, and to eliminate the requirement to maintain a $300,000 certificate of deposit for cost recovery. In response to a question from Member Lucey, Director of Engineering Ann Farrell stated that the District is paid enough to cover the costs associated with accepting the leachate. Member Menesini asked questions regarding the leachate and asked to see a copy of the proposed contract. He inquired about sampling frequency, and expressed concern about slugs that may contain mercury or lead. Ms. Farrell confirmed that the leachate is pre-treated before coming into the plant. President Nejedly said he supports the District continuing to accept leachate from Acme Fill, as long as the District's costs are covered. He suggested that the certificate of deposit amount be reduced and revisited in three years. Member Menesini recommended leaving the $300,000 certificate of deposit requirement in place and revisiting the requirement in three years. Member Hockett agreed that it would be appropriate to reduce the certificate of deposit amount by 50 percent and revisit the matter in three years. Member Lucey stated that, based on Acme's prior record, there has not been a problem. He concurred with President Nejedly and Member Hockett. Member McGill asked what would happen if ownership of the company changed, and District Counsel Aim responded that the rights are not transferable. It was moved by Member Lucey and seconded by Member Hockett to authorize the General Manager to execute three-year permit contract with Acme Fill Corporation for discharge of treated landfill leachate, with amendment to agreement to reduce the required $300,000 cost recovery Certificate of Deposit to $150,000. Motion passed by unanimous vote of the Board. Mr. Ferris suggested that the cost recovery be linked to the gas sales agreement rather than requiring a $300,000 Certificate of Deposit. President Nejedly asked that that be reviewed when the contracts are up for renewal. 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 11. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None. Book 56 - Page 68 Board Minutes of March 15, 2007 12. CLOSED SESSION The Board recessed at 3:44 p.m. to reconvene in closed session regarding: a. Conference with Legal Counsel on anticipated litigation - Significant exposure to litigation pursuant to Section 54956.9(b) of the Government Code. . Two potential cases b. Conference with Legal Counsel on existing litigation pursuant to Section 54956.9(a) of the Government Code - Lorraine Kaufman vs. CCCSD. c. Personnel Matters Pursuant to Section 54957 of the Government Code- Performance Evaluations for General Manager and Secretary of the District. The Board recessed at 4:21 p.m. to reconvene in open session in the Board Room. 13. REPORT OF DISCUSSIONS IN CLOSED SESSION District Counsel Kent AIm reported that, with regard to Item 12.c., the Board voted unanimously in closed session to investigate retaining a company to provide assistance in conducting performance evaluations for the General Manager and Secretary of the District. 14. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at 4:23 p.m. ...... ~~ ~~ ~~~ Ja s A. Nejedly President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: ~~~ ~ .tfv~J'~ - ~". Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Book 56 - Page 69