HomeMy WebLinkAboutBOARD MINUTES 06-21-07
MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD ON JUNE 21,2007
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, June 21, 2007.
President Nejedly called the meeting to order and requested that the Secretary call roll.
1. ROLL CALL
PRESENT: Members: Hockett, Lucey, McGill, Nejedly
ABSENT: Members: Menesini
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. CONSENT CALENDAR
General Manager James Kelly announced that staff will provide additional information to
Member Menesini regarding project closeout position papers which typically appear on
the Consent Calendar. If other Board Members would like to receive this information, a
meeting will be scheduled when all interested parties can attend.
It was moved by Member McGill and seconded by Member Hockett to approve the
Consent Calendar with the exception of 3.n., to adopt resolutions, and to authorize
recordings. Motion passed by the following vote of the Board:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Hockett, Lucey, McGill, Nejedly
None
Menesini
a. Approve expenditures dated June 21,2007. Reviewed by Budget and Finance
Committee.
b. Approve minutes of May 15, 2007 and May 24, 2007 Board Meetings.
Book 56 - Page 141
Board Minutes of June 21, 2007
c. Adopt Resolution 2007-079 accepting an offer of dedication from Windemere
BLC Land Company, LLC for an easement shown on the recorded final map of
Subdivision 7976 in the Dougherty Valley area, accepting public sewer
improvements, Job 5495 - Parcel 2, and authorize staff to record documents with
the Contra Costa County Recorder.
d. Adopt Resolution 2007-080 accepting offers of dedication and Job 5501 public
sewer improvements from Arthur Bloedorn for easements shown on the recorded
final map of Subdivision 8124 in the City of Lafayette, Job 5501 - Parcels 2 and
3, and authorize staff to record documents with the Contra Costa County
Recorder.
e. Adopt Resolution 2007-081 accepting an offer of dedication from Windemere
BLC Land Company, LLC for an easement shown on the recorded final map of
Subdivision 8620 in the Dougherty Valley area, accepting public sewer
improvements, Job 5588 - Parcel 2, and authorize staff to record documents with
the Contra Costa County Recorder.
f. Adopt Resolution 2007-082 accepting an offer of dedication from Windemere
BLC Land Company, LLC for an easement shown on the recorded final map of
Subdivision 8620 in the Dougherty Valley area, accepting public sewer
improvements, Job 5598 - Parcel 1 , and authorize staff to record documents with
the Contra Costa County Recorder.
g. Adopt Resolution 2007-083 accepting an offer of dedication from Windemere
BLC Land Company, LLC for an easement shown on the recorded final map of
Subdivision 8620 in the Dougherty Valley area, accepting public sewer
improvements, Job 5599 - Parcel 2, and authorize staff to record documents with
the Contra Costa County Recorder.
h. Adopt Resolution 2007-084 accepting an offer of dedication from Windemere
BLC Land Company, LLC for an easement shown on the recorded final map of
Subdivision 8620 in the Dougherty Valley area, accepting public sewer
improvements, Job 5664 - Parcel 1, and authorize staff to record documents with
the Contra Costa County Recorder.
i. Advise the Board of the closeout of the Moraga and Orinda Crossroads Pumping
Station Renovation Project, District Project 5237.
j. Advise the Board of the closeout of the Danville Sewer Renovations Project,
Phase 1, District Project 5758.
k. Advise the Board of the closeout of the 2006 Cured-In-Place (CIPP) Project,
District Projects 5956,5957, and 5959.
Book 56 - Page 142
Board Minutes of June 21,2007
I. Advise the Board of the closeout of the Chemical Feed Building Renovation
Project, District Project 7226.
m. Advise the Board of the closeout of the Solids Conditioning Building Ventilation
Improvements Project, Phase 2, District Project 7227.
n. Approve Resolution 2007-085 to adopt the 2007-2008 Staffing Plan, and the
Equipment, Capital Improvement, Operations and Maintenance, Debt Service,
and Self-Insurance Fund Budgets as comprising the 2007-2008 District Budget.
Member McGill stated that, in his opinion, adoption of the budget should not be
placed on the Consent Calendar.
It was moved by Member McGill and seconded by Member Lucey to approve
Item 3.n. Motion passed by the following vote of the Board:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Hockett, Lucey, McGill, Nejedly
None
Menesini
o. Approve a request for emergency withdrawal of funds from the Deferred
Compensation Plan.
p. Approve registration differential salary merit increase for Associate Engineer,
Tom Godsey. Approval recommended by Personnel Committee.
4. HEARINGS
a. CONDUCT A PUBLIC HEARING ON THE CAPACITY USE CHARGES AND
THE 2007-08 ASSESSMENTS FOR CONTRACTUAL ASSESSMENT
DISTRICTS. CONSIDER ADOPTING A RESOLUTION DIRECTING THAT THE
2007 -08 CAPACITY USE CHARGES AND ASSESSMENTS FOR
CONTRACTUAL ASSESSMENT DISTRICTS BE COLLECTED ON THE
CONTRA COSTA COUNTY TAX ROLL
General Manager James Kelly stated that, under the Capacity Use Charge program, the
District has agreements with some commercial property owners and tenants to collect a
portion of their capacity fees over a fifteen-year period. Also, the District has
agreements with property owners who have formed Contractual Assessment Districts
where the property owners pay for the design and construction of sewer improvements
over a ten-year period. A public hearing is required for the District to place Capacity
Use Charges and contractual assessments on the fiscal year 2007-08 Contra Costa
County tax roll for collection.
Book 56 - Page 143
Board Minutes of June 21,2007
Principal Engineer Jarred Miyamoto-Mills reported that 25 commercial customers have
agreements to pay a portion of their capacity fees over a 15-year period. The annual
charges are based on actual water use. The charges for 2007-08 total $139,932.60.
There are also 23 active Contractual Assessment Districts (CADs) comprising of 194
property owners. These fees for 2007-08 total $363,653.72.
He stated that a public hearing is required to place the capacity use charges and CAD
assessments on the County property tax roll.
The public hearing was opened and closed without comments.
Member McGill stated that the Budget and Finance Committee reviewed the item and
recommended approval.
It was moved by Member McGill and seconded by Member Hockett to adopt Resolution
2007 -086 directing that the 2007-08 Capacity Use Charges and Assessments for
Contractual Assessment Districts be collected on the Contra Costa County Tax Roll.
Motion passed by the following vote of the Board:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Hockett, Lucey, McGill, Nejedly
None
Menesini
5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
None.
6. BIDS AND AWARDS
a. AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $1.221.527
FOR THE CONSTRUCTION OF THE PIPING RENOVATION AND
REPLACEMENT PROJECT. PHASE 3. DISTRICT PROJECT 7234. TO NCCI.
INC.. THE LOWEST RESPONSIVE BIDDER. AND AUTHORIZE THE GENERAL
MANGER TO EXECUTE CONTRACT DOCUMENTS
General Manager James Kelly reported that Phase 3 of the Piping Renovations and
Replacement Project will focus on replacing the underground fuel oil pipelines from the
fuel storage tanks to the Solids Conditioning Building with a double containment piping
system to meet present code requirements. Also, the hypochlorite piping at various
storage and pumping facilities around the plant will be replaced and then protected with
coatings and roofs to reduce the degradation to the PVC piping brought on by exposure
to sunlight.
Bids were received from three contractors for the project on June 5, 2007. The Notice
to Proceed will be issued in early July upon authorization of the construction contract.
Book 56 - Page 144
Board Minutes of June 21,2007
It was moved by Member Hockett and seconded by Member McGill to award the
construction contract in the amount of $1,221,527 for the construction of the Piping
Renovation and Replacement Project, Phase 3, to NCCI, Inc., and to authorize the
General Manger to execute contract documents. Motion passed by the following vote of
the Board:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Hockett, Lucey, McGill, Nejedly
None
Menesini
7. REPORTS
a. GENERAL MANAGER
1 ) Review Pipeline Newsletter
General Manager James Kelly stated that a copy of the latest draft version
of the Pipeline newsletter is in the Board binders. That version includes
the cover story on the rate increase. Pipeline has been reviewed by the
Outreach Committee, and Member Menesini's suggestion to list additional
battery drop-offs has been addressed.
Communication Services Manager Michael Scahill presented an overview
of the Pipeline newsletter. He stated that it should be in customer
mailboxes by the end of the month.
Member Hockett stated that the newsletter was reviewed by the Outreach
Committee and she commended staff on their work.
2) Review District Strateoic Plan.
General Manager James Kelly stated that the Board last reviewed the
Strategic Plan in 2001. He stated that the presentation today is to obtain
the Board's input and guidance, and at a subsequent meeting staff will ask
for endorsement of mission vision values and goals.
He stated that the goals are very similar to what existed before. The draft
strategic plan represents where the District wants to be five years from
now: maintaining and improving customer service; meeting and
exceeding permit regulations, and being a financially sound and high-
performing organization.
He presented definitions of components of the strategic plan and
recapped the existing Mission, Vision and Values. The existing goals are
excellent customer services, full regulatory compliance, responsible rates,
and being a high-performance organization.
Book 56 - Page 145
Board Minutes of June 21,2007
Mr. Kelly requested input on the first goal, exceptional customer service.
Member McGill inquired what staff proposed with regard to placing
minutes, agendas and possibly position papers on the website.
Mr. Scahill responded that there will be information on website and the
content and layout will be presented to the Outreach Committee for
review.
Mr. Kelly requested in put on the goal of full regulatory compliance and
received no comments.
Mr. Kelly requested input on the goal of responsible rates, stating that a
ten-year financial plan is in place. The Board had no comments.
Mr. Kelly requested in put on the final goal, being a high-performance
organization.
Member Lucey stated that he felt that the Board, rather than staff, should
be setting goals and policies, and staff advise as to how to implement
them. With regard to this particular goal, Mr. Lucey stated that he felt staff
has missed some key points, including addressing the need for cultural
and racial diversity in the workplace. He also objected to receiving the
draft plan so far along in the process, rather than the Board being involved
at the beginning.
Member Lucey question how there could be a three-year agreement with
a leadership consultant when the Board has not approved it. He stated
the Human Resources Committee requested that management should
review the leadership program, not only participants and coaches.
He stated that, with regard to providing environmental services to other
jurisdictions, he would like the assurance that there is no cost to the
District. The same would apply to laboratory services, where the District
was only charging for the hourly rate of laboratory employees. He
stressed again that the Board should be setting the goals.
Mr. Kelly stated that Member Lucey's concerns could be scheduled for
discussion by the Human Resources Committee. He suggested that one
approach might be for each Committee to review different portions of the
draft strategic plan.
Mr. Kelly stated that he welcomed the Board's input and guidance.
Book 56 - Page 146
Board Minutes of June 21,2007
Member McGill stated that this is very useful as starting point. He stated
that he concurred with many of Member Lucey's comments.
Member Hockett stated that there has been history with this topic. It is
difficult to take into account each Board Member's comments and level of
interest in participation. The adoption process for a strategic plan is
unclear. She stated that, in the past, there was a negative feeling about
Board retreats. She stated that she appreciated having something in
writing.
Member McGill inquired about how the Board works together to develop
policy, and how other Board Members felt about a retreat.
President Nejedly recalled that a retreat was held some years ago, but
commented that he personally did not find it to be of great benefit.
Member Lucey also recalled a two-day retreat in Danville, and stated that
he would be willing to attend a retreat of no more than one day. He noted
that the prior retreat included the Board, all managers and supervisors,
and was not really a Board retreat.
Member McGill suggested that study session workshops would be another
approach.
Mr. Kelly stated that he will come back with a options for consideration at
the July 5, 2007 Board meeting on how Board Members may wish to
engage in the process, and to determine what role, if any, senior staff may
play in that process.
Member Hockett suggested that, in the interim, Board Members may
digest the information presented and note any questions or changes.
Items 3-8 were presented as written announcements.
3) San Ramon Pumpina Station Emeraency Response Exercise Newsletter
Article
General Manager James Kelly announced that The City of San Ramon will
be including an article in the next city newsletter about the emergency
response exercise held at the San Ramon Pumping Station on
Wednesday, March 28,2007. The newsletter will be mailed to all San
Ramon residents at the end of June 2007.
Book 56 - Page 147
Board Minutes of June 21,2007
4) Greenhouse Gas Inventory for Calendar Year 2006
General Manager James Kelly announced that Assembly Bill 32, The
Global Warming Solutions Act, requires that entities develop an inventory
of greenhouse gas emissions (GHG) and begin mandatory reporting of
GHG emissions in 2009 for calendar year 2008. In order to prepare for
the mandatory reporting and become familiar with GHG estimation
methods and protocols, the District became a member of the California
Climate Action Registry (CCAR). The CCAR was created by the
California legislature to develop GHG estimation methods and to maintain
a statewide inventory of estimated GHG emissions. Participation in the
CCAR is voluntary, but the State of California has indicated that future
mandatory GHG inventories will have to be completed using methodology
from the CCAR. As a member of the CCAR, the District has committed to
quantify GHG emissions once a year and to submit that inventory to the
CCAR. Staff is preparing the GHG inventory for 2006 using the CCAR
methods and will submit it to the CCAR by June 30,2007.
5) Grant from the Bav Area Air Quality Manaaement District (BAAQMD)
General Manager James Kelly announced that, at the May 4, 2006 Board
meeting, it was announced that the District would receive a $72,000 grant
from the BAAQMD for the installation of filters on heavy-duty vehicles.
The filters remove diesel particulates, which have been identified as
carcinogenic. The check for the grant amount has been received.
6) Natural Gas Purchase Update
General Manager James Kelly announced that staff recently purchased
the remaining one-third of natural gas for July, August, September, and
October at an aggregate price of $7.53 per decatherm. Staff is monitoring
the price of natural gas for the remainder of fiscal year 2006-2007. The
price of gas remains high for the period of December 2007 through June
2008. Staff will continue to monitor for purchase opportunities during this
period. The budgeted price for fiscal year 2007-2008 is $8.60 per
decatherm.
7) Purchase of Uninterrupted Power Supply from Pacific Power System. Inc.
for the Plant Control System Improvements Proiect. District Proiect No.
7204
General Manager James Kelly announced that the new UPS system will
be located in the Solids Conditioning Building (SCB), and is designed to
provide electrical backup power for the SCB Control Room and critical
programmable language controllers.
Book 56 - Page 148
Board Minutes of June 21,2007
A request for competitive pricing was advertised and four bids were
received. The lowest bid was submitted by Pacific Power System, Inc. at a
total cost of $29,355. The Board of Directors had previously authorized
this purchase on September 15, 2005, and March 16, 2006.
8) Proposals for HHWCF Disposal and Temporary Labor Services
General Manager James Kelly announced that the current contract to
provide disposal services and temporary labor for the Household
Hazardous Waste Collection Facility (HHWCF) will expire in September.
In response to a formal request, the District received five proposals to
provide household hazardous waste disposal and temporary labor
services for the next three years. The proposals will be evaluated by
District staff and a report will be presented to the Board Household
Hazardous Waste Committee on June 26,2007. Tentatively, a contract is
scheduled to be considered for approval by the Board on July 19, 2007.
9) Alhambra Vallev Annexation CEQA Compliance
General Manager James Kelly announced that staff has discussed the
available approaches to the District's CEQA compliance for the Alhambra
Valley Annexation (AVA). Since time is of the essence and the AVA for
the 242 properties within the urban limit line is not particularly
controversial, a staff-prepared mitigated negative declaration would be
appropriate for them. Staff is expediting the environmental documentation
for the 242 properties within the urban limit line.
The nine properties outside the urban limit line are proposed to be
considered separately so as to not delay the connection of the other 242
properties due to a likely CEQA challenge if annexation of the nine
properties were to be proposed. The District received a letter from Mr.
Ted Radosevich strongly opposing annexation of properties outside the
urban limit line. Prior to considering annexation of the nine parcels, the
District would need to research the ballot measures that approved the
urban limit line. Based on that research, the District could consider what
would be an appropriate approach. Possible approaches include
preparing an Environmental Impact Report for the nine properties,
providing service to some or all of the nine properties by an out-of-service
area contract, or deferring the matter until the urban limit line issues are
resolved for the nine properties.
Member Lucey requested that resolving the nine properties outside the
urban limit line not delay annexing the other properties.
Member McGill stated that those nine properties should be removed from
the project.
Book 56 - Page 149
Board Minutes of June 21, 2007
District Counsel Kent Aim stated that it is staff's intention to do that and to
return with options on how to address those nine properties. He stated
that a mitigated negative declaration is appropriate for the 242 parcels.
General Manager James Kelly stated that staff will provide a timeline of
the process at the July 5,2007 Board Meeting.
10) Concord Naval Weapons Stations Reuse Proiect
General Manager James Kelly announced that Environmental Services
Division Manager Curt Swanson attended a June 14,2007 scoping
meeting held by the City of Concord to identify issues to be addressed in a
forthcoming Environmental Impact Report (EIR). At the meeting and in a
follow-up letter responding to a Notice of Preparation on the same subject,
Mr. Swanson identified that comprehensive plans need to be developed
for the provision of District wastewater collection and/or treatment services
and recycled water. The project's EIR then needs to analyze the
environmental effects of those plans, including impacts associated with
related greenhouse gas production. Later this summer, the City will be
forming a Technical Advisory Committee with representatives of area
utilities to discuss these types of infrastructure issues. The District will be
participating on that committee.
b. COUNSEL FOR THE DISTRICT
District Counsel Kent AIm distributed a Summary by Title sheet of the proposed District
Code changes. He stated that he has prepared a 15-page draft summary, outlining the
changes. He asked the Board's preference on how to approach the code revisions,
including possibly a Board workshop or special meeting.
Member Lucey stated he does not want a Board workshop or separate meeting. He
asked that a 4-5 page summary be prepared, describing only the substantive changes
that require Board consideration, not the editorial changes. He suggested focusing on
Chapters 7 and 9, which could be covered in a brief presentation.
Member McGill stated that the summary does not address policy issues, and he would
like to know what those are.
District Counsel Kent Aim stated that he will prepare a summary highlighting substantive
changes and policy issues and where Board guidance is needed.
President Nejedly concurred with the proposed approach.
Book 56 - Page 150
Board Minutes of June 21, 2007
c. SECRETARY OF THE DISTRICT
No reports.
d. BOARD MEMBERS
1) Member McGill reported on the June 18, 2007 Budget and Finance
Committee meeting.
2) Member Lucey reported on the June 14,2007 Personnel Committee
meeting.
He reported that the Committee decided to change its name to the Human
Resources Committee.
He stated that, with regard to the retiree Medicare assignment matter, the
Committee recommended Option 1, which would give the remaining
retirees one year to switch plans. This will come back to the Board on
July 5, 2007 for action.
The Leadership Program contract will be scheduled for Board action on
July 5, 2007. He stated that Management should review the Leadership
Program as well as participants.
3) Member Hockett reported on the June 14, 2007 Outreach Committee
meeting.
4) Reports on miscellaneous business meetings attended by Board
Members:
Member McGill reported on the breakfast meeting with City of Walnut
Creek officials.
With regard to the City's request for a joint Ad Hoc Committee to discuss
household hazardous waste issues, Member Lucey stated that the
provision of household hazardous waste collection services to Rossmoor
has been discussed before and rejected. Member McGill suggested that
the request be reviewed by the Household Hazardous Waste Committee.
Member Hockett concurred with Member Lucey and stated that, if the
proposal relates to providing household hazardous waste collection
services to Rossmoor, she does not support the idea.
Book 56 - Page 151
Board Minutes of June 21, 2007
8. ENGINEERING
a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PROFESSIONAL
ENGINEERING SERVICES AGREEMENT WITH BROWN AND CALDWELL
WITH A COST CEILING OF $500.000 FOR DESIGN SERVICES FOR THE
FLUSH KLEEN FORCEMAIN RENOVATION. DISTRICT PROJECT 5949 AND
MINER ROAD TRUNK SEWER RENOVATION. DISTRICT PROJECT 5951
General Manager James Kelly stated that the agreement will provide for forcemain and
trunk sewer renovation work in Orinda. It is anticipated that the project will have major
traffic impacts. One third of District overflows are in Orinda, and these are monitored
closely by regulators since the overflows flow into a water source.
Member Lucey suggested that the District might want to consider an extra tax for Orinda
due to the number of overflows in that area.
Associate Engineer Paul Seitz presented a report on two District projects that will
renovate parts of the collection system in Orinda. He stated that the primary forecemain
for the Flushkleen pump station is made of Permastrand, which is no longer available
and is difficult to repair. The project is located along Miner Road and Camino Pablo.
Staff has determined that the trunk sewers are structurally deficient and are also
identified as capacity deficient in the Master Plan.
Significant construction impacts include traffic, safety, and the impact of pavement
restoration. Staff is working with the City of Orinda and will be submitting a traffic study
to the City for approval. Staff will discuss any agreements proposed by the City of
Orinda with the Board.
Public outreach on the project will include letters to the public, a presentation at a City
Council meeting, public meetings, newspaper articles and coordination with local
schools.
Member Lucey suggested putting a notice in the weekly newspaper issued by the
Contra Costa Times for the Lafayette-Orinda-Moraga area, the Contra Costa Sun.
Member McGill suggested that, prior to going to a Council meeting, signs be put up
announcing that project will be discussed, as well as signage before construction
begins.
Member Lucey requested that staff notify him if there is a public meeting with the City of
Orinda or homeowners.
Mr. Seitz reported that staff met with City of Orinda staff, and will be coordinating with
them on their paving plan and future bridge retrofit. Staff will also coordinate with East
Bay Municipal Utility District, who will be installing a water line on Miner Road.
Book 56 - Page 152
Board Minutes of June 21, 2007
He described the financial component of the project, which has a total project cost of $6
million. Construction is scheduled to begin in June 2008 and be completed by
November 2008.
It was moved by Member Hockett and seconded by Member Lucey to authorize the
General Manager to execute a professional engineering services agreement with Brown
and Caldwell with a cost ceiling of $500,000 for design services for the Flush Kleen
Forcemain Renovation, District Project 5949 and Miner Road Trunk Sewer Renovation,
District Project 5951. Motion passed by the following vote of the Board:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Hockett, Lucey, McGill, Nejedly
None
Menesini
9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None.
10. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS
General Manager James Kelly announced the public meeting regarding the Alhambra
Valley Trunk Sewer project to be held on June 26, 2007 at the John Swett Elementary
School in Martinez.
11. ADJOURNMENT
There being no further business to come before the Board, President Nejedly adjourned
the meeting at 3:32 p.m.
COUNTERSIGNED:
Jam~IYl:. ~'
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
N7~~
Elaine R. Boehme
Secretary of the Central Contra Costa
Sanitary District, County of Contra Costa,
State of California
Book 56 - Page 153