HomeMy WebLinkAboutBOARD MINUTES 07-19-07
MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD ON JULY 19, 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, July 19, 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.
b. INTRODUCTIONS
Board Members welcomed newly-hired Safety and Risk Management Administrator,
Shari Deutsch, and recognized new Plant Operator Trainee, Robert Maroon; new
Pumping Stations Operator Trainee, Anthony MacArthur; and recognized Sean Sarras
and Hamid Tehrani on their individual advancements to the Maintenance Crew Leader
position.
2. PUBLIC COMMENTS
There were no public comments.
3. AWARDS AND COMMENDATIONS
a. RECEIVE THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
AWARD FOR FISCAL YEAR ENDED JUNE 30, 2006
Following an introduction by Controller Debbie Ratcliff, the Board accepted the CAFR
award and commended staff for their work.
4. CONSENT CALENDAR
It was moved by Member Hockett and seconded by Member Lucey to approve the
Consent Calendar as recommended. Motion passed by the following vote of the Board:
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Board Minutes of July 19, 2007
AYES: Members: Hockett, Lucey, McGill, Nejedly
NOES: Members: None
ABSENT: Members: Menesini
a. Approve expenditures dated July 19, 2007. Reviewed by Budget and Finance
Committee.
b. Approve minutes of June 21, 2007 Board Meeting.
c. Adopt Resolution 2007-087, accepting a grant of easement from Phyllis G. Lee
(39 Cameo Court, Walnut Creek; District Project 5826 - Parcel 1), and authorize
staff to record documents with the Contra Costa County Recorder.
d. Adopt Resolutions 2007-088 and 2007-089, accepting a grant of easement
(District Project 5826 - Parcel 2), and authorizing execution of a quitclaim deed to
Timothy Tyler and Patricia Coney (1353 Milton Avenue, Walnut Creek; District
Project 1559 - Parcel 16), and authorize staff to record documents with the
Contra Costa County Recorder.
e. Adopt Resolutions 2007-090 and 2007-091, accepting a grant of easement
(District Project 5826 - Parcel 3), and authorizing execution of a quitclaim deed to
Gregory and Marya Wesner (20 Gary Lee Lane, Walnut Creek; District Project
404 - Parcel 1 (Portion)), and authorize staff to record documents with the Contra
Costa County Recorder.
f. Adopt Resolutions 2007-092 and 2007-093, accepting a grant of easement
(District Project 5826 - Parcel 4), and authorizing execution of a quitclaim deed to
Cool J. Series #301 LLC (40 Gary Lee Lane, Walnut Creek; District Project 404 -
Parcel 1 (Portion)), and authorize staff to record documents with the Contra
Costa County Recorder.
g. Adopt Resolutions 2007-094 and 2007-095, accepting a grant of easement
(District Project 5826 - Parcel 5), and authorizing execution of a quitclaim deed to
William C. Codde and Lise K. Codde (188 Miramonte Rd., Walnut Creek; District
Project 1554 - Parcel 50), and authorize staff to record documents with the
Contra Costa County Recorder.
h. Adopt Resolution 2007-096, accepting a grant of easement from Caroline Wang
(180 Miramonte Road, Walnut Creek; District Project 5826 - Parcel 6), and
authorize staff to record documents with the Contra Costa County Recorder.
i. Adopt Resolution 2007-097, accepting a grant of easement from The San
Francisco Bay Area Rapid Transit District (BART) (Job 5862 - Parcel 2), and
authorize staff to record documents with the Contra Costa County Recorder.
Book 56 - Page 169
Board Minutes of July 19, 2007
j. Advise the Board of the closeout of the Walnut Creek Sewer Renovation, Phase
4, District Project 5826.
k. Adopt Resolution 2007-098, confirming publication of a summary of District
Ordinance No. 245 - An Ordinance Amending Title 6, Chapter 6.34.010 of the
District Code Establishing the Sewer Service Charges for Fiscal Year 2007-2008
and 2008-2009.
l. Set August 9, 2007 as the date for a public hearing to declare District land
surplus.
m. Authorize staff to modify the District’s Purchasing Practice allowing delegation of
authority for travel arrangements and payment to Departmental Secretaries.
Reviewed by Budget and Finance Committee.
Member Lucey inquired how many Department Secretaries there are, and if they
are bonded. General Manager Kelly responded that there are four secretaries
and they are not bonded.
Member McGill stated that the Budget and Finance Committee reviewed the item
and recommended approval.
5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
Item 8.b. was taken out of order.
6. BIDS AND AWARDS
a. AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $710,000 FOR
THE CONSTRUCTION OF THE A-LINE INTERCEPTOR REHABILITATION,
PHASE 2, DISTRICT PROJECT 5806B TO F. D. THOMAS, INC. THE LOWEST
RESPONSIVE BIDDER, AND AUTHORIZE THE GENERAL MANAGER TO
EXECUTE CONTRACT DOCUMENTS; AUTHORIZE THE GENERAL
MANAGER TO EXECUTE A PROFESSIONAL ENGINEERING SERVICE
CONTRACT AMENDMENT IN THE AMOUNT OF $54,000 WITH V&A
CONSULTING ENGINEERS FOR THE INSPECTION SERVICES AND
CONSTRUCTION SUPPORT
General Manager James Kelly stated that the 2004 A-Line Interceptor project identified
several PVC liner defects, and in 2006 a majority of these liner defects were repaired.
Some repairs were delayed due to plant operational constraints. This project will repair
the remaining defects, which are defects in the bottom liner of two box channels, and
PVC liner defects under Highway 4.
It was moved by Member Hockett and seconded by Member Lucey to award a
construction contract in the amount of $710,000 for the construction of the A-Line
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Board Minutes of July 19, 2007
Interceptor Rehabilitation, Phase 2, District Project 5806B to F. D. Thomas, Inc. the
lowest responsive bidder; to authorize the General Manager to execute contract
documents; and to authorize the General Manager to execute a professional
engineering service contract amendment in the amount of $54,000 with V&A Consulting
Engineers for the inspection services and construction support. Motion passed by the
following vote of the Board:
AYES: Members: Hockett, Lucey, McGill, Nejedly
NOES: Members: None
ABSENT: Members: Menesini
b. AWARD A CONSTRUCTION CONTRACT, CONTINGENT UPON RECEIPT OF
THE RIGHT OF WAY PERMIT FROM THE NATIONAL PARK SERVICE, IN THE
AMOUNT OF $774,965 FOR THE CONSTRUCTION OF THE ALHAMBRA
VALLEY TRUNK SEWER, PHASE 2, DISTRICT PROJECT 5919, TO
MARQUES PIPELINE, INC., THE LOWEST RESPONSIVE BIDDER, AND
AUTHORIZE THE GENERAL MANAGER TO EXECUTE THE CONTRACT
DOCUMENTS
General Manager James Kelly stated that the National Environmental Policy Act
process for the Alhambra Valley Trunk Sewer project is complete. Staff expects to
receive right-of-way permits from the National Park Service by August 3, 2007. Seven
bids were received, which were below the Engineer’s Estimate.
It was moved by Member Hockett and seconded by Member Lucey to award a
construction contract, contingent upon receipt of the right of way permit from the
National Park Service, in the amount of $774,965 for the construction of the Alhambra
Valley Trunk Sewer, Phase 2, District Project 5919, to Marques Pipeline, Inc., the
lowest responsive bidder, and to authorize the General Manager to execute the contract
documents. Motion passed by the following vote of the Board:
AYES: Members: Hockett, Lucey, McGill, Nejedly
NOES: Members: None
ABSENT: Members: Menesini
c. AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $849,212 FOR
THE CONSTRUCTION OF THE MARTINEZ SEWER RENOVATIONS, PHASE
1, DISTRICT PROJECT 5975, TO CALIFORNIA TRENCHLESS, INC., THE
LOWEST RESPONSIVE BIDDER, AND AUTHORIZE THE GENERAL
MANAGER TO EXECUTE THE CONTRACT DOCUMENTS
General Manager James Kelly stated that this project is Phase 1 of the Martinez Sewer
Renovation Project. Staff has worked closely with City of Martinez to mitigate their
parking and traffic concerns. They have also worked with the Courts to make sure that
prospective jurors are informed that they should not enter the city along Frontage Road
during construction. Mr. Kelly stated that one right-of-way had to be obtained from a
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Board Minutes of July 19, 2007
District employee, and this was performed in accordance with Government Code
Section 1090.
It was moved by Member Hockett and seconded by Member Lucey to award a
construction contract in the amount of $849,212 for the construction of the Martinez
Sewer Renovations, Phase 1, District Project 5975, to California Trenchless, Inc., the
lowest responsive bidder, and to authorize the General Manager to execute the contract
documents. Motion passed by the following vote of the Board:
AYES: Members: Hockett, Lucey, McGill, Nejedly
NOES: Members: None
ABSENT: Members: Menesini
7. REPORTS
a. GENERAL MANAGER
Items 1) through 8) were received as written announcements.
1) Natural gas purchase
General Manager James Kelly announced that staff recently purchased
the remaining one-third of natural gas for November 2007 at a price of
$7.66 per decatherm. Staff also purchased all the gas for December
2007, two-thirds of the gas for January through March 2008, and one-third
of the gas for the period of April through June 2008. The aggregate price
for these purchases is $8.18 per decatherm. Staff will continue to monitor
for purchase opportunities during the remainder of the fiscal year. The
budgeted price for fiscal year 2007 - 2008 is $8.60 per decatherm.
2) Service Air Improvements Project, DP 7210: Staff attendance at the
factory acceptance testing in Portland, Oregon
General Manager James Kelly announced that, on January 11, 2007, the
Board of Directors authorized a construction contract with Monterey
Mechanical Company for the construction of the Service Air Improvements
Project. The compressed air system including air compressors, air dryers,
heat exchangers, variable frequency drives are being shipped to a facility
in Portland, Oregon for factory acceptance system testing.
Based on the current schedule, the acceptance testing will take place in
mid August and is expected to last for approximately two days. It is
prudent to witness the factor testing of the compressed air system
components prior to shipment from the test facility. Associate Engineer
Gary Rathunde, the construction manager for the project, and Assistant
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Board Minutes of July 19, 2007
Engineer Nathan Hodges, the project manager during the design phase,
will attend the testing.
3) Re-advertisement of Cable Replacement Sub 40 Project
General Manager James Kelly announced that staff is planning to re-
advertise the Electrical Replacement Substation 40 Project, District
Project 7271, as the “Electrical Cable Replacement Sub 40 – Revision A”
Project on August 6 and 14, 2007. All bids were rejected for the original
project by the Board on July 5, 2007. The project documents are being
modified to allow a wider variety of vendors to bid on the project. The
project involves replacing approximately 4,000 feet of 480 Volt electrical
cable from Substation 40 near the Filter Plant Operations Building to the
Motor Control Center (MCC48) adjacent to the Clearwell. The Motor
Control Center provides power and control for recycled water pumps and
in-plant water use pumps. The main-tie-main Breaker Transfer Control at
MCC 48, which does not function properly, will also be modified. The
Engineer’s estimate is $315,000.
4) Hidden Lakes Bridges dedication and ribbon cutting - Saturday, July 28,
2007 at 10 a.m.
General Manager James Kelly announced that the District and the City of
Martinez will hold a dedication and ribbon cutting at the Hidden Lakes
Bridge on Saturday, July 28 at 10 a.m.
He stated that this is now tentative, depending on Member Menesini’s
recovery from recent surgery.
5) Announcement for Invitation of Board Members to attend the Overview of
the New Plant Control System
General Manager James Kelly announced that in September 2005, the
Board approved a contract with Transdyn, Inc. to purchase software and
implement a new plant control system. Staff and Transdyn, Inc. have
been working on the implementation phase of this project. Staff has also
purchased and configured new servers and workstations.
The new plant control system has been tested in parallel with the current
system ensuring compatibility and accuracy. Staff has also been trained
on the operation and maintenance of the new plant control system.
Members of the Board are invited to an overview of the new plant control
system. The overview is currently scheduled for Monday July 23, 2007
from 10:00 a.m. to noon.
Book 56 - Page 173
Board Minutes of July 19, 2007
6) DP 5949 – Flushkleen Forcemain Renovation Project & DP 5951 – Miner
Road Trunk Sewer Improvement Project
General Manager James Kelly announced that the District will be sending
out a joint letter with EBMUD to the residents of North Orinda regarding
upcoming design/construction activity on Miner Road and Camino Pablo.
Future mass mailings on all projects will be copied to the Board for
information.
7) Annexation Backlog
General Manager James Kelly announced that approximately three years
ago, the State Board of Equalization (SBE) and the Contra Costa Local
Agency Formation Commission (LAFCO) revised their requirements for
property descriptions, maps, CEQA documentation and supplemental
materials that the District submits with annexation applications. To comply
with some of these requirements was initially very costly, so District staff
worked with LAFCO and SBE to develop a more efficient process for
preparing acceptable application materials (particularly the required
property descriptions and maps). During the time used to develop and
agree on a new format for the materials, a backlog of annexations
developed. This includes about 180 properties where owners have
submitted petitions or signed CAD agreements. Of these properties, about
65 are connected to public sewers. District staff will work with LAFCO's
Executive Director to clear this backlog as soon as possible, and will
report its progress to the Board regularly.
8) Executive Director of the Central Contra Costa Solid Waste Authority
Resigns
General Manager James Kelly announced that Sharon Maves, Executive
Director of the Central Contra Costa Solid Waste Authority, resigned July
6, 2007 after heading the agency for 1½ years. He stated that Paul
Morsen, former CCCSD Director of Administration, has been appointed as
Interim Executive Director.
9) General Manager James Kelly announced that a recent Contra Costa
Times article regarding the sewer service charge rate increase was in
error, as it reported that the rate increase passed by unanimous vote. The
paper will issue a correction, reporting that Member Lucey voted no on the
rate increase.
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Board Minutes of July 19, 2007
10) General Manager James Kelly announced that the District will be
purchasing easements at Buchanan Fields Golf Course in accordance
with GC Section 7267.2. The cost is expected to be $100,371, which is
within staff authority.
b. COUNSEL FOR THE DISTRICT
District Counsel Kent Alm presented a comprehensive report on inverse condemnation.
He discussed the applications of inverse condemnation, the differences between
inverse condemnation and tort claims, examples impacting a sanitary district, potential
basis for inverse condemnation claims, and the basis of liability under inverse
condemnation. He stated that the nature of public facilities can create inverse liability,
including odors, noises from airports, and traffic impacts from stadiums. He explained
typical potential landslide claims and their causes.
Mr. Alm described two cases of inverse condemnation: Burns v. City of Los Altos,
involving the lack of a backwater valve; and CSAA v. City of Palo Alto, regarding a
blocked main.
He concluded his presentation stating that the District can minimize exposure in
construction settings through design and appropriate practices. It can reduce exposure
in overflow situations through ordinances, requiring the installation of backflow devices
and other procedures. But he stressed that public agencies cannot immunize
themselves from potential inverse condemnation claims due to the nature of their
business.
Mr. Alm responded to questions from Member McGill regarding steps the District could
take to protect itself from inverse condemnation claims. He stated that some changes
have been incorporated into the upcoming District Code update. The requirement for
overflow devices is already a requirement in the Code but has not been enforced.
Mr. Kelly stated that there are approximately 40,000 homes that do not have overflow
devices. Member Hockett suggested that the public should be informed that installation
of an overflow device is required by the District Code, and be made aware of potential
liability issues if one is not in place.
Member McGill concurred with Member Hockett’s suggestion, agreeing that
enforcement would be difficult.
Mr. Alm stated that there are many approaches the District could take, and if the Board
wishes he could prepare a white paper presenting additional information.
c. SECRETARY OF THE DISTRICT
Secretary of the District Elaine Boehme reminded Board Members that the semi-annual
campaign statements are due by July 31, 2007.
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Board Minutes of July 19, 2007
d. BOARD MEMBERS
1) Member McGill reported on the July 16, 2007 Budget and Finance
Committee meeting.
2) Member Hockett reported on the July 16, 2007 California Special Districts
Association, Contra Costa Chapter meeting.
3) Member Lucey reported on the July 18, 2007 Real Estate Committee
meeting.
4) There were no reports on miscellaneous business meetings attended by
Board Members.
5) Announcements
Member Lucey commended CSO staff on their continually outstanding
performance.
8. ENGINEERING
a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PROFESSIONAL
ENGINEERING SERVICES AGREEMENT WITH BLACK AND VEATCH
CORPORATION WITH A COST CEILING OF $650,000 FOR THE
PRELIMINARY DESIGN OF THE METALS REMOVAL TECHNOLOGY
PROJECT, DISTRICT PROJECT 7237
General Manager James Kelly stated that the State Water Resources Control Board
approved the mercury Total Maximum Daily Load (TMDL) this week. The District is on
track with plans to address the TMDL.
Director of Engineering Ann Farrell reported that the recently-adopted TMDL is 41 parts
per trillion (ppt) monthly average, and 65 ppt daily maximum. If the District’s new
amalgam separator program is able to reduce the mercury influent by 50%, there is a
high likelihood that the limits can be met.
Approximately 34.7 lbs of mercury per year enters the plant in influent, and 29.1 lbs per
year goes out in air emissions, 4.8 lbs per year in plant effluent, and 0.8 lbs per year in
grit or ash. Staff must look into attacking the influent and the recycle stream in order to
meet the Final Limits. Mercury control options include shutting down the incinerator and
hauling sludge; removing mercury from the scrubber water; and changing air
emissions controls to capture mercury in solid adsorbent. The least overall cost is to
use the dry scrubber air treatment approach, which would cost in the region of $108
million. Staff is conducting a scrubber water pilot, which may be used on an interim
basis.
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Board Minutes of July 19, 2007
The current mercury control plan includes the implementation by December 2007 of the
mandatory amalgam separator program; the design of a sludge hauling facility, which
will be constructed in 2007/08; a pilot program for scrubber water treatment; a dry
scrubber pilot which will be operational in summer 2007; and approval of the contract
for a dry scrubber mercury removal consultant.
She stated that next April, decisions will be necessary with regard to whether to do
extensive capital projects, or to defer the projects because the separator program is
effective.
She stated that staff recommends approving the contract with Black and Veatch as
proposed and continuing with the air scrubber pilot.
It was moved by Member Hockett and seconded by Member Nejedly to authorize the
General Manager to execute a professional engineering services agreement with Black
and Veatch Corporation with a cost ceiling of $650,000 for the preliminary design of the
Metals Removal Technology Project, District Project 7237. Motion passed by the
following vote of the Board:
AYES: Members: Hockett, Lucey, McGill, Nejedly
NOES: Members: None
ABSENT: Members: Menesini
b. RECEIVE STATUS REPORT AND AUTHORIZE FINALIZATION OF
AGREEMENT WITH FLOOD CONTROL DISTRICT FOR SOIL REMOVAL AND
SILT DISPOSAL ON DISTRICT PROPERTY
General Manager James Kelly introduced Mitch Avalon, County Flood Control District.
He thanked Mr. Avalon for moving the project along so quickly.
Mr. Kelly stated that there are two key issues to be considered: is the District getting
value for the use of its land; and is there adequate liability protection. He stated that,
in the interests of time, staff is recommending that the Board authorize the Real Estate
Committee to approve the agreement with the Flood Control District when finalized.
Senior Engineer Ba Than presented a report, describing the vulnerability of the plant
should there be flooding of Grayson and Walnut Creeks. He stated that the value of
plant equipment exposed to flooding is $57 million, and if the tunnels were to flood it
would cost in the region of $35.5 million to replace or refurbish the equipment. The
plant could be off-line for a month or more.
He described the cause of the flooding problems and the proposed solution. The Lower
Walnut Creek Interim Protection Project consists of removing 11,000 cubic yards of soil
from the Kiewit parcel and railroad spur, and depositing 200,000 cubic yards of
Book 56 - Page 177
Board Minutes of July 19, 2007
sediment removed from the creeks on several CCCSD sites. Construction equipment
access would be required for raising the levee roads and for sediment disposal.
Key protection requirements include the Flood Control District indemnifying CCCSD,
and providing insurance policies and site safety and security. Soils and sediment would
be tested before, during and after construction, and the Flood Control District’s
contractors would provide and implement a stormwater pollution prevention plan.
He stated that benefits to CCCSD include protecting its facilities for +100-year storm
events; filling 4 acres of damp area on Lagiss; some revenue from soil removal on the
Kiewit parcel; obtaining an easement for future wet weather discharge pipe from Basin
B to Walnut Creek; and right of first refusal for outfall property rights.
Concerns to CCCSD include the potential risk of hazardous material placement on
District property; increased truck traffic, noise and dust; a short delay to the clean fill
operation on the Kiewit parcel; disruption to animal grazing on the Lagiss property; and
potential disruption to Blum Road residences. Staff and the Flood Control District will
ensure that Blum Road residents are informed of the proposed project.
Mr. Than stated that the next steps include the Flood Control District finalizing design
and bid specifications on July 31, 2007, with bids to be opened on August 6 and
awarded on August 8, 2007. Construction is anticipated to begin on August 15, and be
completed by November 1, 2007. CCCSD staff will monitor the construction activities.
He stated that staff recommends that the Board authorize the Real Estate Committee to
finalize terms and to execute the real property agreement with the Flood Control District.
Board Members thanked Mr. Avalon and the Flood Control District for their hard work in
moving this along so quickly, and all agreed that it is a very important and beneficial
project.
In response to a question from Member McGill, Mitch Avalon responded that the Flood
Control District has submitted a Corrective Action Plan to the Corps of Engineers, which
should meet the requirements of the Corps to maintain emergency funding status for the
project. The Plan has to go to Sacramento, then obtain Division approval, followed by
Federal approval from Washington D.C. By then the project will most likely be
completed. He stated that approval has already been obtained from Sacramento.
Mr. Avalon thanked the Board for its support and thanked staff for their work on the
project.
It was moved by Member Nejedly and seconded by Member Lucey to authorize the
Real Estate Committee to finalize terms and approve the agreements. Motion passed
by the following vote of the Board:
Book 56 - Page 178
Board Minutes of July 5, 2007
. 11. REPORT OUT OF CLOSED SESSION
None.
12. ADJOURNMENT
There being no further business to come before the Board, President Nejedly adjourned the
meeting at 4:30 p.m.
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~/ ~~i4
Jam A. Nejedly
Pr sident of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
cSQ~~
Elaine R. Boehme
Secretary of the Central Contra Costa
Sanitary District, County of Contra Costa,
State of California
Book 56 - Page 167