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HomeMy WebLinkAboutBOARD MINUTES 03-20-03 162 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MARCH 20, 2003 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on March 20, 2003. President Nejedly called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Menesini, Hockett, Lucey, Boneysteele, Nejedly ABSENT: Members: None a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance to the Flag. b. INTRODUCTIONS RECOGNIZE JOLENE BERTERA ON HER PROMOTION TO ENGINEERING ASSISTANT I . President Nejedly and the Board of Directors congratulated Ms. Jolene Bertera, Engineering Assistant I, on her recent promotion. 2. PUBLIC COMMENTS None 3. CONSENT CALENDAR Following discussion of procedures relating to publication of District ordinances, it was moved by Member Menesini and seconded by Member Hockett, that the Consent Calendar, consisting of Items a. and b., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 2003-026 was adopted, confirming publication of District Ordinance No. 224 amending District Code Section 6.20.300 Schedule of Reimbursement Fees to establish a reimbursement fee applicable to property which could directly connect to District Project 5480 sewers. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Hockett, Lucey, Boneysteele, Nejedly None None b. April 17, 2003 at 2:00 p.m. was established as the date and time for a public hearing to receive comments on a proposed reimbursement fee for the properties which could connect to Job 5515 (Finley Lane, Alamo). Motion unanimously approved on the following vote: 0.. '.;.-'.',. , ""'-~' " Û 6) Urh , ,'¡ '-::J .' {) 163 AYES: Members: NOES: Members: ABSENT: Members: Menesini, Hockett, Lucey, Boneysteele, Nejedly None None a. 4. HEARINGS CONTINUE THE PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF THE ARBOR LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 2002-4 UNTIL APRIL 17,2003 Mr. Charles W. Batts, General Manager, stated that a continuance of the Arbor Lane Contractual Assessment District (CAD) No. 2002-4 public hearing is requested because an unanticipated sewer redesign to avoid coming too near some trees will affect the project cost and, therefore, the project assessment contained in the Engineer's Report. At 2:04 p.m., President Nejedly opened the public hearing to consider the establishment of the Arbor Lane CAD No. 2002-4. There being no comments, President Nejedly continued the public hearing pursuant to California Constitution, Article XIII D, Section 4, and Streets and Highways Code, Sections 5898.20 and 5898.24 until April 17, 2003. There being no objection, the motion was unanimously approved. 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 6. BIDS AND AWARDS a. AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO BAY CITIES PAVING AND GRADING, INC., AND AUTHORIZE A CONSULTANT AGREEMENT FOR THE TREATMENT PLANT SOIL REMEDIATION PROJECT, DP 7113 Mr. Batts, General Manager, stated that the Treatment Plant Soil Remediation Project will provide improvements consistent with the requirements of a voluntary remediation agreement with the State of California Department of Toxic Substances Control (DTSC). Soil cover will be placed over Basin A South and surcharge fill area, an area located west of Basin A South, using clean soil stockpiled from District and Contra Costa Water District (CCWD) projects. All fieldwork will be performed under a Health and Safety Plan approved by the State. Mr. Batts introduced Mr. Ba Than, Senior Engineer, who provided a brief overview of the project. In 1965 the District received about 3,000 cubic yards of petroleum by- products from Shell Oil Company for use as levee stabilization. In 1991, the contaminated material, estimated to be 350,000 cubic yards, was consolidated in the area east of the aeration basins. In 1991, the estimated remediation cost was $10 million to $90 million. In 1994, DTSC revised the quantity to 50,000 cubic yards and the law changed allowing on-site consolidation. The District entered into a voluntary remediation agreement with DTSC in 1996. DTSC approved the Final Action Plan in March 2002. Staff recommends that the District proceed with remediation now because of the excellent working relationship that has been developed with DTSC, the long-term protection/rules may change in the future, this is a cost effective alternative, and future expansion of secondary treatment processes may be needed in this area in the future. Mr. Than reviewed the construction cost estimates totaling $682,000. Since March 2002, the District has been able to accumulate 50,000 cubic yards of clean soil. About half of that came from District projects and about half was received from other agencies. This saved the District about $200,000 in construction costs. Mr. Than reported that Shell Oil Company has agreed to reimburse the District $482,000. To date, Shell has paid $308,000. The remaining $174,000 will be paid during construction. Mr. Than presented the staff recommendation that the Board authorize award of a construction 03 20 "dV 00 .~ 164 contract to Bay Cities Paving and Grading, Inc., and that the Board authorize an agreement with GeoSyntec Consultants for construction services support. Discussion followed with regard to precautions taken to ensure proper handling of the contaminated material. Mr. Kenton L. Aim, Counsel for the District, noted that Bay Cities Paving and Grading, Inc. was the contractor on a District and City of Martinez joint project. Bay Cities Paving and Grading, Inc. filed a construction claim on that project. An evaluation of the bid submitted by Bay Cities for this project does not indicate that the contractor is a non- responsive, so it is recommended that the bid be awarded to Bay Cities Paving and Grading, Inc. Following discussion, it was moved by Member Menesini and seconded by Member Hockett, that award of a construction contract in the amount of $404,500 for construction of the Treatment Plant Soil Remediation Project, DP 7113, be authorized to Bay Cities Paving and Grading, Inc., the lowest responsible and responsive bidder; and that the General Manager be authorized to execute a professional service agreement not to exceed $116,000 with GeoSyntec Consultants to review shop drawings and submittals, respond to design questions, evaluate change order requests, perform site visits to verify compliance with design intent, provide air monitoring services during construction, and to prepare the Implementation Report for DTSC. There being no objection, the motion was unanimously approved. b. AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO POWER ENGINEERING CONTRACTORS AND AUTHORIZE A CONSULTANT AGREEMENT WITH KENNEDY/JENKS FOR THE CONSTRUCTION OF THE OUTFALL IMPROVEMENTS, PHASE 5, DP 7197 Mr. Batts, General Manager, stated that in 1984, a long-term, multi-phase program was begun to improve the outfall and effluent pumping system. Phase 5 of this project is intended to continue the rehabilitation of the 72-inch diameter reinforced concrete outfall pipeline. The project includes dewatering the outfall, inspecting and testing pipe joints, installing internal mechanical joint seals, performing a vertical and horizontal survey of the pipeline, and installing internal thrust restraint harnesses. The work will require an 84-day diversion of the treatment plant's final effluent from the outfall in accordance with the requirements of the District's new National Pollutant Discharge Elimination System (NPDES) permit. Mr. Batts introduced Mr. Gary Rathunde, Associate Engineer, who stated that Outfall Phase 5 project activities will include the following: . Inspect and survey the entire 1 ,900-foot outfall pipeline; . Pressure test all 1 ,492 pipe joints; . Check the existing 300 mechanical seals; . Install an additional 150 mechanical seals if needed based on pressure testing the joints; and . Check the 12 air release assemblies and install 3 additional air release assemblies. Mr. Rathunde showed photographs and described the harnesses, noting that there are about 70 harnesses within the pipeline. Mr. Rathunde stated that in order to do the construction work, it will be necessary to divert final effluent to Basin B and Basin C. Overflow from Basin C will be routed via Pacheco Slough and Walnut Creek. This diversion has been authorized by the Regional Water Quality Control Board (RWQCB). The routing of final effluent to Pacheco Slough would normally trigger monitoring requirements; however, this diversion is exempt from wet weather monitoring 03 ~...'~.' tC"".',\ I~J\J) 165 requirements with two exceptions. The District will continue effluent monitoring for normal operating conditions, with the following exceptions: . . Monitor weekly for copper; and Monitor weekly upstream and downstream of the Walnut Creek/Pacheco Slough confluence. Mr. Rathunde stated that the District's NPDES permit requires inspection of the outfall approximately every five years to verify alignment and assess the physical integrity. This inspection will ensure that this important District asset is in a healthy status. Mr. Rathunde presented the staff recommendation that the Board authorize award of the construction contract and authorize the General Manager to execute a professional services agreement for construction support services. Discussion followed with regard to Power Engineering Contractors' experience, the weir structure, surge protection, and the neoprene flaps on the submarine diffusers. Following discussion, it was moved by Member Hockett and seconded by Member Lucey, that award of a construction contract in the amount of $1 ,445,886 for construction of the Outfall Improvements, Phase 5, DP 7197, be authorized to Power Engineering Contractors, the lowest responsible and responsive bidder; and that the General Manager be authorized to execute a professional service agreement not to exceed $60,000 with Kennedy/Jenks Consultants to review shop drawings and submittals, respond to design questions, evaluate change order requests, and perform site visits to verify compliance with the design intent. There being no objection, the motion was unanimously approved. 7. REPORTS a. GENERAL MANAGER 1) With regard to State of California budget issues, Mr. Batts, General Manager, reported that the State Assembly has approved $3.3 billion in budget cuts, and another $4 billion has been rolled into the next budget year. The State has determined that they can proceed with the vehicle license fee increase which will add $4 billion in revenue. Further action will probably come later in the year when Republicans are willing to raise taxes and Democrats are willing to make further cuts. The State is seeking to borrow potentially $11 billion. Property tax shifts are not mentioned in the budget or any of the pending bills. Some still hope that the loss of property tax will be phased in or protected if it is pledged to cover debt. This seems unlikely. Mr. Batts stated that at the local level, because of a $50 million shortfall, the County had planned to layoff 177 employees. That was cut to just 11 employees as there were a number of vacant positions and early retirements. There are also several new initiatives to prevent future budget crises. Assembly Member Canciamilla has proposed a two-year budget plan, Senator Campbell has proposed a budget control plan, and certain advocacy groups propose changing the required two-thirds tax vote to a simple majority. 2) Mr. Batts, General Manager, reported that District staff has met with the Contra Costa County Employees' Retirement Association (CCCERA) staff to discuss the recent increased contributions and projected $1.2 billion unfunded liability. The preliminary review indicates that the increase in District's unfunded liability from $21 million to $56 million is a reasonable projection. Mr. Batts stated that District staff has contacted Mr. Ira Summer of Public Pension Professionals to advise the Board at a workshop scheduled for April 1 0, 2003. Mr. Summer has worked with various public agencies, CalPERS, and Contra Costa County. At the 0.. ç;) ~ 20 0:3 166 o. . C. >,.J., ..~ Board workshop, Mr. Summer will provide a general overview of public agency retirement systems; a review of CCCERA; a comparison between the CCCERA and CalPERS plans; and a general evaluation of the District's reasonable financial obligations for retirees, active employees, and the $1.2 billion projected unfunded liability. There will also be a discussion of the advisability of pursuing pension bonds to fund the District's portion of the 2007 unfunded liability. 3) Mr. Batts, General Manager, stated that at the last Board Meeting, the Board Household Hazardous Waste Committee recommended that the District plan for one mobile household hazardous waste collection event in San Ramon during fiscal year 2003-2004. Central Contra Costa Solid Waste Authority (CCCSWA) representatives requested an opportunity to present a proposal to the District prior to the Board making a final decision. Mr. Batts stated that in his most recent conversations with Ms. Janet Schneider, CCCSW A Executive Director, she has indicated that CCCSW A will not be partnering with the District on mobile collection events, but instead will be holding their own e-waste collection events. Mr. Batts stated that there are still insurance issues with Bay Area Rapid Transit (BART) concerning the mobile collection event scheduled to be held in the BART parking lot in Lafayette on April 4, 2003. The event has been rescheduled for May 10, and hopefully the required insurance will be in place. The District was not willing to reschedule the mobile collection event into the next fiscal year. 4) Mr. Batts, General Manager, announced that the District is advertising for bids for Phase 2 of the District Wide TV Inspection of Sanitary Sewers, DP 5547. This work is included in the 2002-2003 Capital Improvement Budget. The engineer's estimate is $450,000. 5) Mr. Batts, General Manager, announced that in the last month there have been three leaks in the District's recycled water system. The first leak occurred in the 18-inch diameter line installed last year. Approximately 270,000 gallons of recycled water were spilled at the corner of Ardith and Jennifer in Pleasant Hill on February 27,2003. The original contractor repaired the pipe under warranty. The second leak occurred on Chilpancingo in Pleasant Hill on a service lateral. The line was a 2-inch diameter PVC pipe that apparently broke due to differential ground settlement. The third leak occurred on the plant site on March 7, 2003 in 4-inch diameter Schedule 40 PVC pipe. This pipe also broke due to differential ground settlement. District forces repaired the pipe. 6) Mr. Batts, General Manager, stated that as the Board knows, the District has partnered with the University of California Master Gardeners to provide public workshops on Gardening the Less Toxic Way. The first of these workshops will be held this Saturday, March 22, 2003 at the Gardens at Heather Farm. There are currently 11 of these Healthy Gardening workshops planned for the next three months. 7) Mr. Batts, General Manager, announced that Community Affairs Manager Harriette Heibel will be installed as Chair of the Walnut Creek Chamber of Commerce on Wednesday, March 26, 2003 at a luncheon meeting at Scott's Seafood Restaurant. If any Board Members would like to attend, please contact staff so reservations can be made. 8) Mr. Batts, General Manager, reported that on March 13, 2003, the District notified the developers that operation of the East Branch Pumping Station was no longer necessary because the Dougherty Tunnel and Trunk Sewer are in service. Under the terms of the agreement between Windemere and the District, ownership and responsibility for disassembling the temporary pumping station now reverts to the developer. G"û (. .. ':" " 'il tv.:;) \...Y 9) 10) 167 Mr. Batts, General Manager, announced that on Saturday, March 22, 2003, there will be a sale of District surplus equipment at First Capitol Auction in Vallejo. The sale starts at 8:30 a.m. Surplus equipment being sold includes a backhoe and several other vehicles, radios, and office equipment. Mr. Batts, General Manager, distributed hats recognizing receipt of the Association of Metropolitan Sewerage Agencies (AMSA) Platinum Award recognizing five consecutive years of 100 percent compliance with the District's National Pollutant Discharge Elimination System (NPDES) permit, the California Water Environment Association (CWEA) San Francisco Bay Section Plant of the Year Award, and the CWEA San Francisco Bay Section Collection System of the Year Award. The best of the best awards! b. COUNSEL FOR THE DISTRICT c. None SECRETARY OF THE DISTRICT d. a. 1) Ms. Joyce E. Murphy, Secretary of the District, stated that in response to a request from Member Hockett she contacted Mr. Virgil Koehne, Chair of the Sanitation and Water Agencies of Contra Costa County. Mr. Koehne indicated that a meeting is being planned for April 2003. 2) Ms. Murphy, Secretary of the District, announced that Board Member Parke L. Boneysteele has been selected to receive the Association of Metropolitan Sewerage Agencies (AMSA) 2003 National Environmental Achievement Public Service Award for Outstanding Local Public Service Activities during his more than 33 years as an elected official on the Central Contra Costa Sanitary District Board of Directors. The Board and staff joined in congratulating Member Boneysteele on receipt of this prestigious award for his significant public service contributions. BOARD MEMBERS 1) Member Menesini, Chair of the Personnel Committee, reported that he and President Nejedly met with staff to review the draft 2003-2004 Staffing Plan and other personnel matters. Notes from that meeting were distributed to the Board. The Staffing Plan will be presented for consideration by the full Board at the April 3, 2003 Board Meeting. 2) Member Menesini commended Director of Engineering Ann E. Farrell on her recent Environmental Alliance Discussion Series presentation. 8. ENGINEERING AUTHORIZE THE GENERAL MANAGER TO EXECUTE A CONSTRUCTION CHANGE ORDER GREATER THAN 50000 TO D'ARCY AND HARTY CONSTRUCTION ON THE COLLECTION SYSTEM RENOVATIONS SPOT REPAIRS 2002-2003, DP 5622 Mr. Batts, General Manager, stated that this item can be removed from the agenda. East Bay Municipal Utility District (EBMUD) and the City of Walnut Creek have resolved the EBMUD water line alignment issue in a way that does not impact the District project. O. 'J) Û 2û ,r', r" Vi ..:<\ ~...'.) . ' -I) , ~-, 168 9. APPROVAL OF MINUTES a. MINUTES OF FEBRUARY 6, 2003 MINUTES OF FEBRUARY 20, 2003 b. It was moved by Member Hockett and seconded by Member Menesini, that the minutes of February 6, 2003 and the minutes of February 20, 2003, be approved as presented. There being no objection, the motion was unanimously approved. 10. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED MARCH 20, 2003 Member Lucey, Chair of the Budget and Finance Committee, stated that he and President Nejedly reviewed the expenditures and recommend approval. Member Lucey noted that employees attended a meeting at which local legislators were to discuss State and local financial issues of interest to the District. It was later found out that the meeting was to raise funds for a supervisor campaign committee. The employees did not know this was a campaign function. Member Lucey stated that the General Manager and Counsel for the District have been asked to look into this, remedy the situation, and report back to the Budget and Finance Committee. Mr. Batts, General Manager, stated that he has issued a personal check to cover this cost and a letter has been sent requesting that the District check be returned. It was moved by Member Lucey and seconded by President Nejedly, that the Expenditure List dated March 20, 2003, including Self Insurance Check Nos. 101986- 101993, Running Expense Check Nos. 143406-143649, Sewer Construction Check Nos. 25400-25445, Payroll Manual Check No. 48895, and Payroll Regular Check Nos. 54421-54458, be approved as recommended. There being no objection, the motion was unanimously approved. 11. BUDGET AND FINANCE a. APPROVE A BOARD RESOLUTION TO ADOPT THE REVISED 401 A MONEY PURCHASE PLAN DOCUMENT. ADOPTION AGREEMENT, AND SEPARATE ~C GROW~ ACT (~ AMENDMENT Mr. Batts, General Manager, stated that there have been several federal law changes that affect the District's 401 (a) Plan. The two most important of these are the new law allowing portability of retirement assets between retirement plans at the time of separation from employment, and the amount at which the plan will automatically cash out an account of a terminated participant has been increased from $3,500 to $5,000. Mr. Batts stated that 401 (a)'s can now be transferred to 457 Plans or IRA's. It was moved by Member Lucey and seconded by Member Hockett, that Resolution No. 2003-027 be adopted, approving the revised 401 (a) Money Purchase Plan, Adoption Agreement, and EGTRRA Amendment. Motion unanimously approved on the following vote: AYES: Members: Lucey, Hockett, Menesini, Boneysteele, Nejedly NOES: Members: None ABSENT: Members: None 12. EMERGENCY SITUATIONS REQURING BOARD ACTION None O. _..6.-"). ".ù C1"ì (.:, ,,- " i.I I'...--,J.. " 'i {u "'--'- 169 13. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Menesini requested an update on the District's Emergency Response Contingency Plans. Mr. Batts, General Manager, indicated this is a high priority and he would be happy to report back to the Board. Member Menesini also requested periodic updates on the Contra Costa Shaping Our Future efforts. Discussion followed in which it was noted that Environmental Services Division staff is participating these efforts. There will be a public workshop on Saturday, April 5, 2003, from 8:30 a.m. to noon at Centre Concord, 5298 Clayton Road, Concord. A Decision Makers meeting is scheduled for May 17, 2003. 14. CLOSED SESSION a. LABOR NEGOTIATIONS With respect to labor negotiations, the closed session was held pursuant to Government Code Section 54957.6 to meet with designated representatives prior to and during consultations and discussions with representatives of employee organizations regarding the salary, salary schedules or compensation paid in the form of fringe benefits to employees in order to review its positions and instruct its designated representatives. The District's negotiators are Labor Counsel Allison Woodall, Director of Administration Randall M. Musgraves, Human Resources Manager Cathryn Freitas, and Secretary of the District Joyce E. Murphy, and the pertinent employee organizations are the Central Contra Costa Sanitary District Employees Association Local 1, the Management Support/Confidential Group, and the Management Group. At 3:18 p.m., President Nejedly declared the closed session to discuss labor negotiations pursuant to Government Code Section 54957.6 as noted above. At 4:12 p.m., President Nejedly concluded the closed session and reconvened the meeting into open session. 15. REPORT OF DISCUSSIONS IN CLOSED SESSION No decisions were made or votes taken in closed session which require reporting at this time. 16. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at the hour of 4:13 p.m. ~~-~ C. ~~<10; Pr . ent of the Board irect s, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 00 .<Ù) 20 OJ ,6..), ',' ~þ