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."
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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