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HomeMy WebLinkAboutBOARD MINUTES 06-07-07
MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD ON JUNE 7, 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 7, 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 congratulated Larry Shepardson and Frank Favalora on their promotion
to Shift Supervisors.
2. PUBLIC COMMENTS
Alamo resident George Delima objected to being charged two sewer service charges
for his residence and in-law unit. President Nejedly directed staff to work with him to
address his questions and report back to the Board at the next meeting.
3. CONSENT CALENDAR
It was moved by Member Lucey and seconded by Member Menesini to approve the
Consent Calendar with the exception of Item t., to adopt resolutions, and to authorize
recordings. Motion passed by unanimous vote of the Board.
a. Approve expenditures dated June 7,2007. Reviewed by Budget and Finance
Committee.
b. Approve minutes of April 12, 2007 and May 10, 2007 Board Meetings.
Book 56 - Page 129
Board Minutes of June 7, 2007
c. Adopt Resolution 2007-067 authorizing execution of a quitclaim deed to Thomas
P. O'Toole, Special Trustee of the John E. Pessin 2006 Living Trust for a portion
of a sewer easement at 5528 Pacheco Boulevard, Pacheco (Job 2770 - Parcel
6), and authorize staff to record documents with the Contra Costa County
Recorder.
d. Adopt Resolution 2007-068 accepting three grants of easements from Mt. Diablo
Unified School District (District Project 5170 - Parcels 49, 49A, and 50), and
authorize staff to record documents with the Contra Costa County Recorder.
e. Adopt Resolution 2007-069 accepting a grant of easement from the Mt. Diablo
Unified School District (District Project 5659 - Parcel 2), and authorize staff to
record documents with the Contra Costa County Recorder.
f. Adopt Resolution 2007-070 accepting an offer of dedication from Bertolero
Development Corporation accepting public sewer improvements (Job 5473-
Parcel 1 , Pleasant Hill), and authorize staff to record documents with the Contra
Costa County Recorder.
g. Adopt Resolution 2007-071 accepting an offer of dedication from Windemere
BLC Land Company, LLC for easements shown on the recorded final map of
Subdivision 7976 in the Dougherty Valley Area, accepting public sewer
improvements (Job 5488 - Parcels 2A, 2B, 2C, 20, and 2E), and authorize staff
to record documents with the Contra Costa County Recorder.
h. Adopt Resolution 2007-072 accepting an offer of dedication from Centex Homes
for an easement shown on the recorded final map of Subdivision 8158 in the
Dougherty Valley Area, accepting public sewer improvements (Job 5494 - Parcel
1), and authorize staff to record documents with the Contra Costa County
Recorder.
I. Adopt Resolution 2007-073 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 5494 - Parcel 2), and authorize staff to record documents
with the Contra Costa County Recorder.
J. Adopt Resolution 2007-074 accepting an offer of dedication from Len-Windemere
Village 15, LLC for an easement shown on the recorded final map of Subdivision
8154 in the Dougherty Valley Area, accepting public sewer improvements (Job
5500 - Parcel 1 ), and authorize staff to record documents with the Contra Costa
County Recorder.
Book 56 - Page 130
Board Minutes of June 7, 2007
k. Adopt Resolution 2007-075 accepting an offer of dedication from Greystone
Homes, Inc. for an easement shown on the recorded final map of Subdivision
8152 in the Dougherty Valley Area, accepting public sewer improvements (Job
5508 - Parcel 1 ), and authorize staff to record documents with the Contra Costa
County Recorder.
I. Advise the Board of the closeout of 19 Capital Improvement Projects.
Member Menesini requested more information on several of the capital
improvement projects.
m. Advise the Board of the closeout of the M4-A Forcemain Reconstruction Project,
District Project 5410.
n. Advise the Board of the closeout of the Recycled Water Pleasant Hill (Zone 1)
Project, District Project 7167.
o. Advise the Board of the closeout of the CSO Caltrans Lease Area Site
Improvements Project, District Project 8215.
p. Accept the contract work for the installation of the network fiber optic cable and
wire runs for the Plant Control System Improvements Project, District Project
7204, and authorize filing of the Notice of Completion.
q. Adopt Resolution 2007-076 confirming publication of a summary of District
Ordinance No. 243 - An Ordinance Amending District Code Section 6.12.090,
Schedule of Capacity Fees, Rates and Charges.
r. Adopt Resolution 2007-077 confirming publication of a summary of District
Ordinance No. 244 - An Ordinance Amending District Code Chapter 6.30,
Schedule of Environmental and Development-Related Rates and Charges.
s. Authorize the General Manger to execute an agreement to renew the interagency
partnership to support Mt. View Sanitary District's Pollution Prevention Program
for two years, through fiscal year 2008-09.
In response to a question from Member Lucey, Ms. Farrell confirmed that the
agreement provides for full cost recovery.
t. Approve registration differential salary merit increase for Associate Engineer,
Tom Godsey.
Member Lucey removed this item from the Consent Calendar and requested that
it be referred to the Personnel Committee for review. Board Members concurred.
Book 56 - Page 131
Board Minutes of June 7, 2007
4. HEARINGS
a. CONDUCT PUBLIC HEARINGS ON THE FISCAL YEAR 2007-2008
OPERATIONS AND MAINTENANCE BUDGET. DEBT SERVICE FUND
BUDGET. AND THE SELF-INSURANCE FUND BUDGET. AND FOR THE
ESTABLISHMENT OF THE FISCAL YEAR 2007-2008 AND FISCAL YEAR
2008-2009 SEWER SERVICE CHARGE RATES. AND ON PLACING CURRENT
SEWER SERVICE CHARGES ON THE COUNTY TAX ROLL FOR
COLLECTION
General Manager James Kelly stated that the District Code and State law require
holding public hearings for the establishment of the Sewer Service Charge rates and for
placing the charges on the County tax rolls for collection. Although not required by law,
the District will also hold a public hearing to receive comments on the 2007-2008
Operations and Maintenance Budget, Debt Service Fund Budget, and the Self-
Insurance Fund Budget.
Controller Debbie Ratcliff stated that the Board has received a revised tally of
responses to the Proposition 218 mailing. She stated that 107,000 notices were mailed.
Staff received 2 responses in support of the increase and 27 in opposition. Four of the
responses requested metered rates. Seventeen had questions; 14 were regarding
other issues; and 22 responses indicated that their parcel was on a septic tank. Six of
the responses asked for senior rates.
The public hearing regarding the sewer service charge was opened.
Mr. Salay commented on the proposed rate increase, stating that he was not opposed
to the rate increase. He suggested that rate increase hearings be held during the lunch
hour to allow more people to attend.
The public hearing was closed.
The public hearing regarding placing sewer service charges on the County tax roll was
opened.
There were no public comments.
The public hearing was closed.
It was moved by Member Menesini and seconded by Member McGill to approve the
Fiscal Year 2007-08 Operations and Maintenance Budget, Debt Service Fund Budget,
and Self Insurance Fund Budget. Motion passed by unanimous vote of the Board.
It was moved by Member McGill and seconded by Member Hockett to adopt Ordinance
245 establishing the Fiscal Year 2007-08 Sewer Service Charge rate increase of $11 for
a total Sewer Service Charge of $300, and establishing an increase of up to $13 in the
Book 56 - Page 132
Board Minutes of June 7, 2007
Sewer Service Charge for Fiscal Year 2008-09. Motion passed by the following vote of
the Board:
AYES:
NOES:
ABSTAIN:
Members:
Members:
Members:
Hockett, McGill, Menesini, Nejedly
Lucey
None
It was moved by Member Hockett and seconded by Member Menesini to adopt
Resolution 2007-078 authorizing collection of the Fiscal Year 2007-08 Sewer Service
Charges on the County Tax Roll. Motion passed by unanimous vote of the Board.
5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
None.
6. BIDS AND AWARDS
a. AUTHORIZE AWARD OF A SERVICE CONTRACT IN THE AMOUNT OF
$1.227.334.44 TO ROTO-ROOTER SEWER SERVICE. THE LOWEST
RESPONSIVE BIDDER. FOR COMPLETION OF THE TELEVISION
INSPECTION OF SANITARY SEWERS PROJECT. PHASE 5. DISTRICT
PROJECT 5547. AND AUTHORIZE THE GENERAL MANGER TO EXECUTE
CONTRACT DOCUMENTS
General Manager James Kelly stated that the Television Inspection of Sanitary Sewers
Phase 5, District Project 5547 will be the next phase of the closed circuit television
inspection (CCTV) of the entire collection system. This is part of the program that will
inspect all of the District's sewers, and is a critical part of the District's effort to reduce
sanitary sewer overflows. Staff recommends award of a service contract in the amount
of $1,227,334.44 to Roto-Rooter Sewer Service, the lowest responsive bidder.
It was moved by Member Lucey and seconded by Member Menesini to award a service
contract in the amount of $1,227,334.44 to Roto-Rooter Sewer Service, the lowest
responsive bidder, for completion of the Television Inspection of Sanitary Sewers
Project, Phase 5, District Project 5547, and to authorize the General Manger to execute
contract documents. Motion passed by unanimous vote of the Board.
b. AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $1.536.600 TO
RANGER PIPELINES. INC.. THE LOWEST RESPONSIVE BIDDER. FOR
CONSTRUCTION OF THE NORTH ORINDA SEWER RENOVATIONS
PROJECT. PHASE 2.1. DISTRICT PROJECT 5968. AND AUTHORIZE THE
GENERAL MANGER TO EXECUTE CONTRACT DOCUMENTS
General Manager James Kelly stated that the North Orinda Sewer Renovations Project
Phase 2.1 will replace 3,700 feet of 6- and 8-inch sewers within backyard easements.
Book 56 - Page 133
Board Minutes of June 7, 2007
Right-of-way staff has acquired all the sanitary sewer and temporary construction
easements necessary for the project.
Seven bids were received for this project on May 22,2007 ranging from $1,536,600 to
$2,224,880. Staff recommends that the Board award a construction contract in the
amount of $1,536,600 to Ranger Pipelines, Inc., the lowest responsive bidder, and
authorize the General Manager to execute the contract documents.
It was moved by Member Lucey and seconded by Member Menesini to award a
construction contract in the amount of $1,536,600 to Ranger Pipelines, Inc., the lowest
responsive bidder, for construction of the North Orinda Sewer Renovations Project,
Phase 2.1, District Project 5968, and to authorize the General Manger to execute
contract documents. Motion passed by unanimous vote of the Board.
c. AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $276.221 TO
AZTEC CONSULTANTS. INC.. THE LOWEST RESPONSIVE BIDDER. FOR
CONSTRUCTION OF THE TREATMENT PLANT SAFETY ENHANCEMENTS
PROJECT. PHASE 3. DISTRICT PROJECT 7263. AND AUTHORIZE THE
GENERAL MANGER TO EXECUTE CONTRACT DOCUMENTS
General Manager James Kelly reported that this is Phase 3 of an ongoing project to
address safety issues identified through the District's Safety Suggestion Program and
by staff at the Treatment Plant. This phase will also improve flood protection for the
Tunnels and Electrical Pull Boxes along Grayson Creek to meet a 200-year storm
event.
Four bids were received for this project on May 17, 2007 ranging from $276,221 to
$353,369. Aztec Consultants was the lowest responsive bidder. A Notice to Proceed
will be issued in late June or early July upon authorization of the construction contract.
It was moved by Member Hockett and seconded by Member McGill to award a
construction contract in the amount of $276,221 to Aztec Consultants, Inc., the lowest
responsive bidder, for construction of the Treatment Plant Safety Enhancements
Project, Phase 3, District Project 7263, and to authorize the General Manger to execute
contract documents. Motion passed by unanimous vote of the Board.
7. REPORTS
a. GENERAL MANAGER
1) Report on Under Payment of Fees for two Danville Subdivisions
General Manager James Kelly stated that staff recently discovered the District under-
collected fees from two developers for 117 properties within Subdivision 8331 located in
Danville. The pumped zone capacity fee and reimbursement fees were not assessed.
The total amount of the uncollected fees is in excess of $500,000. District staff plans to
Book 56 - Page 134
Board Minutes of June 7, 2007
meet with the two affected developers to discuss this issue and to provide them with
invoices for payment of the uncollected fees.
Supervising Engineering Assistant Kurt Darner reported that affected properties are
sandwiched in between Wente Ranch and West Branch subdivisions off Camino
Tassahara in Danville.
Staff mistakenly believed the sewer connections were served by gravity, but actually
use pumped service. There are 117 properties that did not pay pumped zone fees or
reimbursement fees. KB Home has 41 such lots and Lennar Homes 76 lots. Missed
collections go back to February 2006, and amount to $179,411.87 for KB Home and
$326,785.70 for Lennar Homes.
Staff is recommending meeting with the developers to explain the situation and request
reimbursement. The Board concurred with this approach.
2) Update on Proposed Local Wastewater Traininq Proqram
General Manager James Kelly stated that information pertaining to this item was
presented in a memo to the Board in their Board agenda binder under item 7.a.2. The
memo highlights the District's need to develop operators to replace senior staff that will
be retiring over the next 4 to 5 years. The need for the program has increased since the
recent departure of Shift Supervisor Steve Dominguez, who was also an instructor at
Solano Community College, who served as a mentor and instructor to several current
employees. Staff seeks the Board's support for the District to participate in the program,
and will keep the Board informed of the program's progress and the potential to develop
an in-county program.
Member Menesini stated that he is disappointed Diablo Valley College is not interested
in putting on the program.
3) North Orinda. Phase 3. Proiect Update
General Manager James Kelly stated that North Orinda Sewer Renovations Phase 3
were advertised on June 1,2007 and will also advertise on June 7,2007. Bids for the
project will be opened on June 19, 2007. The Engineer's Estimate is $1,410,000.
Assistant Engineer Nancy Molina reported that this is the third phase of seven or eight
phases of sewer renovation in the City of Orinda. Phase 3 consists of 19 sites, and
1,400 feet of open cut pipe, 4,200 feet of pipebursting, and 4 spot repairs. It also
includes 850 feet of material demonstration sites.
Ms. Molina showed slides of typical easements. She explained the Expanda Pipe Rib
Loc Liner process, which will be tested at one of the demonstration sites. This process
is quicker, less disruptive to traffic, and requires no digging. The cost is approximately
$150 per foot.
Book 56 - Page 135
Board Minutes of June 7, 2007
Board Members stated they would like to visit the site when the demonstration begins.
The second material demonstration site will test the use of fusible PVC pipe, which is a
new material on the market. A 244-foot stretch of 10-inch pipe will be installed by pipe
bursting and will be monitored to see if it works with the existing system.
Letters have been sent out to the public and a public meeting held on June 6, 2007 in
Orinda, which four people attended. Construction signs will be posted.
Ms. Molina stated that the Engineers estimate is $1.4 million, and bids will be opened
June 19, 2007.
Board Members commended Engineering staff on their work. They requested to be
informed in advance any time public meetings are scheduled.
Items 4-6 were provided to the Board as written announcements.
4) Public BiddinQ of Alhambra Vallev Trunk Sewer (Phase 2), DP 5919
The project plans and specifications for the Alhambra Valley Trunk Sewer
are complete and the project is ready for bidding. Phase 1 was
constructed last year, and installed the northern and southern portion of
the Alhambra Valley trunk line. Phase 2 will connect these sections and
complete the trunk sewer for the Alhambra Valley. This project includes
2,700 feet of 10- and12-inch sewer pipe and a 150-foot dual pipe siphon
crossing under the Arroyo del Hambre Creek. Included with the trunk line
and manholes will be sewer laterals and pipe stubouts for future
connections by property owners.
The National Environmental Policy Act (NEPA) process and right-of-way
agreement with the National Park Service are expected to be completed
by the end June, 2007. To avoid delaying sewer construction, the project
will be advertised on June 11 and 15, 2007 and the bids will be opened on
June 29, 2007. Provided the NEPA process and right of way agreement
are completed as planned, the Board will be asked to award the
construction contract on July 19, 2007. The estimated construction cost is
$1,470,000.
Regarding annexation of the Alhambra Valley Estates property, staff will
submit the annexation application to the Local Agency Formation
Commission on June 4, 2007. A status letter about the project has been
sent to Alhambra Valley homeowners and property owners. A copy of the
letter was delivered to the Board of Directors.
Book 56 - Page 136
Board Minutes of June 7, 2007
5) Public Workshop and Advertisement of Martinez Sewer Renovations
(Phase 1), DP 5975
The project will construct 2,600 feet of 8-inch sewer pipes in Marina Vista,
and in easements on Ulfinian Way and Green Street by use of open cut
and pipe-burst methods. It will be advertised on June 9 and 15, 2007 and
bids will be opened on June 25,2007. The construction cost is estimated
at $920,000. More information will be presented when the Board is asked
to approve the construction contract on July 5, 2007.
6) Three percent Recycled Water Rate Increase
Recycled water rates will be increasing three percent on July 1, 2007 in
accordance with the Recycled Water Ordinance adopted by the Board.
This is an automatic annual increase that was built into the ordinance;
therefore, no Board action is needed to implement the rate increase. This
increase is consistent with the increase in water rates by the Contra Costa
Water District and CCCSD rates remain at about 80 percent of the Water
District's rates.
7) General Manager James Kelly announced that the District will host a
public meeting for the Alhambra Valley Trunk Sewer Project Phase 2 on
Tuesday, June 26,2007, at John Swett Elementary School from 7 to 8
p.m.
8) General Manager James Kelly announced that the Budget and Finance
Committee has recommended that approval of the financial statements
should be placed on the Consent Calendar, and this will take place on
future agendas.
b. COUNSEL FOR THE DISTRICT
No reports.
c. SECRETARY OF THE DISTRICT
No reports.
d. BOARD MEMBERS
1) Member McGill reported on the June 4, 2007 Budget and Finance
Committee meeting. He confirmed that the Committee recommended
placing approval of the financial statements on the Consent Calendar, with
more in-depth reports to be provided twice a year.
Book 56 - Page 137
Board Minutes of June 7, 2007
2) Member McGill reported on the June 5, 2007 Recycled Water Committee
meeting.
3) Reports on miscellaneous business meetings attended by Board
Members:
Member McGill reported on his and Member Hockett's attendance at the
Contra Costa Council Installation Dinner and his attendance at the
Building Industry Association Hall of Fame Dinner.
Member Menesini reported on his and staff's attendance at a City of
Martinez Council Meeting regarding their sewer project.
4) Announcements
Member McGill reported that he and the General Manager will meet with
City of Walnut Creek officials next week. One of the main topics of
discussion will be the new Collection System Operations Department
facility.
8. ADMINISTRATIVE
a. REVIEW THE SELF-INSURED RETENTION (SIR) AND LIABILITY INSURANCE
PREMIUMS FOR FISCAL YEAR 2007-08 TO DETERMINE THE
APPROPRIATE SIR LEVEL
General Manager James Kelly stated that staff was directed to return to the Board with
SIR options and associated premium quotes.
Director of Administration Randy Musgraves summarized the position paper and
presented the premium quotes and SIR options to the Board. He stated that staff is not
recommending that the District purchase earthquake or flood insurance at this time.
The current SIR level for general liability is $500,000.
On January 11, 2007 the Board asked staff to look at premiums for $500,000 and $1
million.
Currently the District's insurance programs belong to the California Sanitation Risk
Management Authority Joint Powers Authority group. The District has a $250,000
deductible on property, with an asset level of $472 million. General and employment
practice liability insurance has excess coverage of $10 million. The SIR for general
liability is $500,000 and for employment practices is $1 million.
Mr. Musgraves stated that staff recommends authorizing staff to bind general and
automobile insurance coverage at $500,000 SIR with $15 million excess coverage;
Book 56 - Page 138
Board Minutes of June 7, 2007
and $10 million excess pollution liability coverage; bind property insurance coverage
with a $250,000 SIR; and bind employment practices liability insurance coverage at
$15,000 SIR with $15 million excess coverage.
District Counsel Kent Aim recused himself and left the Board Room on the grounds that
any decision may have a financial effect on his law firm.
President Nejedly stated he would prefer that the general, automobile, and pollution
(Household Hazardous Waste - HHW) liability have a $1 million Self-Insured Retention
rather than the staff-recommended $500,000. He stated that he supports the other
levels recommended by staff.
Member Lucey concurred with President Nejedly's recommendation. He stated that he
feels it is in the best interest of the District's ratepayers to have a higher SIR.
In response to a question from Member Menesini, Mr. Musgraves stated that the
premium would be $56,000 less for the higher SIR.
Member Hockett stated that she felt the attorneys were better qualified to litigate such
matters and would prefer to leave the SIR as it currently stands.
Mr. Musgraves responded to Member McGill that the $1 million SIR is per event, and
not an annual total. Member McGill stated that he did not feel the difference in SIR was
significant.
It was moved by President Nejedly and seconded by Member Lucey to authorize staff to
bind coverage for general, automobile, and pollution (HHW) liability with a $1 million SIR
rather than the staff-recommended $500,000; and to approve the staff-recommended
property insurance coverage with a $250,000 SIR; and employment practices liability
insurance coverage with a $15,000 SIR. Motion passed by the following vote of the
Board:
AYES:
NOES:
ABSTAIN:
Members:
Members:
Members:
Lucey, McGill, Menesini, Nejedly
Hockett
None
District Counsel Kent Aim rejoined the meeting.
Member McGill requested that a presentation be made to the Board regarding what the
District can do to reduce its exposure to inverse condemnation claims.
Book 56 - Page 139
Board Minutes of June 7, 2007
9. BUDGET AND FINANCE
a. Receive April 2007 Financial Statement
Controller Debbie Ratcliff presented a report on the April 2007 Financial Statement,
including the Running Expense Fund, the Sewer Construction Fund and Temporary
Investments.
10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None.
11. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS
General Manager James Kelly confirmed that District Counsel Kent Aim will present
information on ways to protect the District from inverse condemnation lawsuits.
12. CLOSED SESSION
a. Personnel Matters Pursuant to Section 54957 of the Government Code -
Performance Evaluations for General Manager and Secretary of the District.
13. REPORTS OUT OF CLOSED SESSION
None.
14. ADJOURNMENT
There being no further business to come before the Board, President Nejedly adjourned
the meeting at 4:15 p.m.
~". ~<4~
Ja A. Nejedly
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
~~
Elaine R. Boehme
Secretary of the Central Contra Costa
Sanitary District, County of Contra Costa,
State of California
Book 56 - Page 140