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HomeMy WebLinkAboutBOARD MINUTES 07-17-03 253 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 17, 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 July 17, 2003. President Nejedly called the meeting to order and requested that the Secretary call roll. PRESENT: Membeffi: Menesini, Boneysteele, Lucey, Nejedly ABSENT: Members: Hockett Member Hockett had advised staff that she had jury duty and requested to be excused. Member Hockett entered the meeting at the hour of 5: 15 p.m. a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance to the Flag. 2. PUBLIC COMMENTS Mr. David Rolley, President of the Central Contra Costa Sanitary District Employees Association, addressed the Board relative to labor negotiations. Mr. Rolley introduced members of the negotiating team, Engineering Technician II Gretchen Anastasi- Rowland and Maintenance Crew Leader Steve Sauter. Mr. Rolley stated that the employees of the District have a long history of addressing the needs of the District and making concessions. Mr. Rolley highlighted examples including the two tier system, Medicare Part B, elimination of trainee positions, and giving up the indemnity plan. Now the District wants employees to give up five years of age to be eligible for retirement benefits, take away another trainee position, and have higher co-payments. Mr. Rolley stated that enough is enough. Mr. Rolley requested that the Board authorize retroactivity back to April 18, 2003 as it is generally recognized in the public sector that both parties are usually responsible for going past a deadline. Mr. Rolley asked that the Board also find a way to address positions paid below other comparable agencies. Mr. Rolley stated that the Board should also consider commercial driver license holders. When the number of positions required to have commercial driver licenses are reduced, the extra $75 per month should go to the other employees. Mr. Rolley stated that the District does not have a financial problem. The Board should consider all of the cooperation employees have afforded the District over the years. The employees are anxiously awaiting the Board's decision. As a point of order, Member Boneysteele stated that this item is not listed on the agenda. Member Boneysteele asked to what extent the Board can negotiate with the President of the Union under an agenda item that is intended for public comments. Mr. Kenton L. Aim, Counsel for the District, stated that a closed session for labor negotiations has been calendared on the agenda. At that time, the Board can address its negotiators. At this time in open session, it is appropriate to ask questions, but the Board cannot make any decisions on an item that is not on the agenda. Member Boneysteele stated that by Mr. Rolley's comments to the Board, it appears there are parallel negotiations going on. It is appropriate for the Board to conduct negotiations through its designated negotiators. Mr. Aim stated that is correct. 07 17 03 254 a. 3. AWARDS AND COMMENDATIONS RECEIVE WEST COUNTY WASTEWATER DISTRICT, BOARD OF DIRECTORS BID PICTURE AWARD CONGRATULATING BOARD MEMBER PARKE L. BONEYSTEELE FOR RECEIVING THE ASSOCIATION OF METROPOLITAN SEWERAGE AGENCIES AMSA 2003 INDIVIDUAL ACHIEVEMENT AWARD - LOCAL PUBLIC SERVICE Mr. Charles W. Batts, General Manager, presented the Big Picture Award from the West County Wastewater District Board of Directors, commending Member Boneysteele on his leadership and commitment to the environment and clean water, and congratulating Member Boneysteele on receiving the Association of Metropolitan Sewerage Agencies (AMSA) 2003 Individual Achievement Award - Local Public Service. Member Boneysteele accepted the award and expressed his appreciation to the West County Wastewater District Board of Directors. 4. CONSENT CALENDAR Mr. Batts, General Manager, requested that Item c., relating to the St. Stephens Slide Project, be removed from the Consent Calendar for consideration following closed session. It was moved by Member Lucey and seconded by Member Menesini, that Consent Calendar, Items a. through d., excluding Item c., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. The Grant of Easement from Leslie Anthony Dalecio and Frances Louise Dalecio, 330 Maverick Court, Lafayette, DP 5166 was accepted; the old easement was quitclaimed to the same; staff was authorized to record said documents with the Contra Costa County Recorder; and Resolution Nos. 2003- 053 and 2003-054 were adopted to that effect. Motion approved on the following vote: AYES: Members: Lucey, Menesini, Boneysteele, Nejedly NOES: Members: None ABSENT: Members: Hockett b. Collection System Projects (Cow Creek, DP 5672; Rheem Blvd., DP 5661; St. Mary's Road Culvert, DP 5464; and Hill Road Creek Crossing Stabilization) were approved and staff was directed to file a Notice of Exemption with the Contra Costa County Clerk. Motion approved on the following vote: AYES: Members: Lucey, Menesini, Boneysteele, Nejedly NOES: Members: None ABSENT: Members: Hockett d. Leave of Absence without Pay was authorized for Gregory DeChambeaux, Plant Operator III, through April 17, 2004. Motion approved on the following vote: AYES: NOES: ABSENT: 07 Members: Lucey, Menesini, Boneysteele, Nejedly Members: None Members: Hockett It, tr~ G~.?¡ O~:) 255 5. HEARINGS a. CONDUCT THE PUBLIC HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A PROPOSED ORDINANCE TO AMEND CHAPTER 9.08 OF THE DISTRICT CODE REGARDING REQUIREMENTS FOR BACKWATER OVERFLOW PREVENTION DEVICES Mr. Batts, General Manager, stated that this public hearing regarding requirements for backwater overflow prevention devices was initially scheduled for April 3. The hearing was continued to May 22 and then to July 17 to allow staff time to discuss the proposed ordinance with representatives from the Contra Costa Association of Realtors and others. Staff has met several times with the Realtors, who were strongly opposed to the original ordinance that required the installation of a backwater overflow prevention device upon the sale of a property. The Realtors recognize the benefits of a sewage overflow prevention device and have suggested several voluntary efforts they would aid in to educate the public about the importance of installing these devices. Based on the commitments of the Realtor's Association, staff has revised the proposed ordinance to delete the provision requiring the installation of a backwater overflow prevention device upon sale of a property. Mr. Batts introduced Mr. Curtis W. Swanson, Environmental Services Division Manager, who stated that backwater overflow prevention devices are needed to protect public health and property from sewage overflows. Using bar charts, Mr. Swanson reviewed the number of overflows and the costs over the past five years. On average, overflow damage has typically cost the District $15,000 per occurrence. In response to questions from Member Lucey, Mr. Swanson stated that if the Pulley overflow is excluded, the cost would be approximately $7,000 per occurrence excluding staff time. Using drawings, Mr. Swanson described how a backwater overflow prevention device works. The purpose of the device is to allow sewage to discharge onto the ground rather than going into the house. Mr. Swanson reviewed the history of the backwater overflow prevention device. In 1955, District inspectors began suggesting that overflow devices be installed at certain houses. By 1959, District specifications required overflow devices for certain conditions. In 1960, the overflow device was patented by Central Contra Costa Sanitary District. In the 1960's, overflow devices were noted on District permits. In the 1970's, properties with overflow devices were noted on maps. In 1985, CSO began installing overflow devices in problem areas. In 1993, the District specifications called for overflow devices for all new connections. In 1996, the District Code section was adopted requiring overflow devices for all connections. Mr. Swanson stated that the proposed ordinance indicates: . Purpose of overflow devices; . Property owners are responsible for installation and maintenance; . Overflow devices are required for new side sewers and for existing side sewers; . Overflow devices are to be maintained; . Liability for failure to install and maintain overflow devices; and . Exceptions from overflow device requirement. Mr. Swanson described overflow device installation scenarios and estimated costs associated with each ranging from a simple installation with an existing clean-out, an alteration requiring installation of a new clean-out, and the use of an overflow device exception request from the District. An overflow device installation exception request would only be for existing homes where installation would be difficult or expensive, and the property owner would assume damage risk. 07 17 03 256 Mr. Swanson stated that the original proposed ordinance had a provision that required installation of overflow devices at the time of sale of a property. That provision drew comments from the Realtors Association. District staff met with representatives of the Realtors Association and worked up a series of outreach efforts including: . Pipeline newsletter articles . Real Estate Professionals . Plumbers and Sewer Contractors . Homeowners in Older or Problem Areas . Insurance Companies The District will also have overflow device information at the Permit Counter. Mr. Swanson stated that he and Community Affairs Manager Harriette Heibel met with the Contra Costa Association of Realtors (CCAR). The real estate professionals have pledged to help the District get information out on the importance of installing overflow devices. Articles will appear in the CCAR newsletter. A District representative will attend "New Listing" meetings for realtors to provide information. Mr. Swanson stated that he met with the Real Estate Inspectors Association earlier this month. They are very interested in this issue. About 20 percent indicated they already note overflow devices in their reports. Others seemed to be interested in adding that to their formal reports. District staff and the real estate professionals will also work to try to get overflow devices added to the real estate disclosure form to make homeowners aware of the need for overflow devices. Discussion followed with regard to locations where overflow devices can be purchased, the cost of an overflow device, installation by homeowner for simple installations or plumbing company for more complex installations, the possibility of holding public workshops, complications that could result if asbestos pipe is encountered, and concern about slowing down the escrow process. In response to questions from Member Lucey, Mr. Kenton L. Aim, Counsel for the District, stated that the main focus of the proposed ordinance is to put responsibility on the homeowner for making sure the overflow device is at the right elevation. The problem that the District has found that when a new home is built and an overflow device installed, if the District inspector inspects the lateral, it is assumed the overflow device is at the right elevation but the District inspector cannot determine that without going into the home. The main purpose of this ordinance is to place responsibility on the homeowner for properly installing and maintaining the overflow device. At 2:46 p.m., President Nejedly opened the public hearing to receive comments on and to consider adoption of a proposed ordinance to amend Chapter 9.08 of the District Code regarding requirements for backwater overflow prevention devices. The following correspondence was received and considered: . Joe Bristol (letter) Roto-Rooter . Tom Kent 2570 Walnut Blvd., #24 Walnut Creek, CA 94596 . Don and Trudi Copland (fax) Coldwell Banker 600 San Ramon Valley Blvd. Danville, CA 94526 or, 1 r~(' {":.;¡ V . Cat Fox, GRI Broker - Manager . Roxi Leal Turnbloom & Associates, Inc. Realtor - Associate . Bill Leone Pacific Union GMAC . Jim Wilkinson . Judy Myers, CRS, GRI, LTG, SRES Broker Associate RE/MAX C. C. Connection 2950 Buskirk Avenue, Suite 140 Walnut Creek, CA 94597-7773 . Dean Farry The Farry Team Prudential California Realty . Gretchen Scheid Empire Realty Associates, Inc. . Gary Wuestenberg Realty World Professional Brokers 245 Riverwood Circle Martinez, CA 94553 . Ron Rothenberg Pacific Union Real Estate . Joan Carr Coldwell Banker 600 San Ramon Valley Blvd. Danville, CA 94526 . Peter Kaufmann . Linda Ehrich Coldwell Banker 6 Moraga Way Orinda, CA 94563 . Barry Wood, CRS, GRI ReMax Accord . David E. Schubb Security Pacific Real Estate 2 Theater Square, #212 Orinda, CA 94563 . Clark Anderson, CRS, eCertified Prudential California Realty . Jane Kass . Linda Cookson Empire Realty . Maria Gomez-Felix Re/Max Realty 07 257 17 0') .Û 258 . Larry Schafer . Mary Diehl North American Title Co. North Broadway Branch, Walnut Creek 36 Lariat Court Walnut Creek, CA 94596 . Gloria I. Vasek, GRI Keller Williams Realty . Jo Sciarroni RE/MAX Welcome Home, Inc. 4475 Treat Blvd., Suite H Concord, CA 94521 . Adolfo Hernandez Keller Williams Realty . Jorge and Isabel Vargas . Maureen Wilbur (fax) 13 Valley View Road Orinda, CA 94563 . Dick Ingraham, Realtor (fax) 600 Las Lomas Way Walnut Creek, CA 94598 . Linda Gorman (fax) Better Homes Realty 2958-D Treat Boulevard Concord, CA 94518 . Julia Dawson, Homeowner 101 EI Monte Way Concord, CA 94519 . George Bassett Executive Brokers 1160 Alpine Road Walnut Creek, CA 94596 . Jerry Hicks . Chris Swim Real Estate Broker, Realtor Pacific Union Real Estate Ms. Bielle Moore, Government Affairs Director of the Contra Costa Association of Realtors (CCAR), addressed the Board in support of the proposed ordinance. Ms. Moore thanked the Board for their consideration and for removing the point of sale clause from the proposed ordinance. The Board of Realtors is very committed to working with the District on the public education effort and realizes the importance of backwater overflow prevention devices. The Board of Realtors is committed to participating with the District in getting the word out and getting these overflow devices put on homes. Ms. Moore stated that she has read the ordinance and has no problem with it as it is now. There being no further comments, President Nejedly closed the public hearing at the hour of 2:48 p.m. C)7 .-".' I"~ 1.1, O:."~¡ (.'"".) ;, ., " II. ',' <..J' 259 Following discussion, it was moved by President Nejedly and seconded by Member Lucey, that Ordinance No. 226 be adopted, amending Chapter 9.08 of the District Code regarding requirements for backwater overflow prevention devices. Motion approved on the following vote: AYES: Members: Nejedly, Lucey, Menesini, Boneysteele NOES: Members: None ABSENT: Members: Hockett The Board thanked Ms. Moore and the Contra Costa Association of Realtors for their cooperation and support. b. CONDUCT A PUBLIC HEARING: ADOPT A RESOLUTION OVERRULING PROTESTS: ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XI liD, SECTION 4: ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT: AND AUTHORIZE EXECUTION OF AGREEMENT WITH VIA DON JOSE AND NORTH JACKSON WAY PARCEL OWNERS IN CONJUNCTION WITH THE VIA DON JOSE CONTRACTUAL ASSESSMENT DISTRICT NO. 2002-6 Mr. Batts, General Manager, stated that the Via Don Jose Contractual Assessment District (CAD) in Alamo is the first CAD project to be considered for funding this fiscal year. Under the District's Contractual Assessment District Program, the Board considers approval of a CAD project at three specific times. These approvals are at the initiation of the CAD, following the election by affected property owners, and at project completion to set final assessments. Mr. Batts introduced Mr. Curtis W. Swanson, Environmental Services Division Manager, who stated that the Via Don Jose CAD No. 2002-6 is at the second decision point. The Via Don Jose CAD meets all of the District CAD criteria. It benefits at least five properties, at least 60 percent are developed properties, and there are no more than two dwellings per property. Using a map, Mr. Swanson described the location of the proposed Via Don Jose CAD project that will serve properties on Via Don Jose and North Jackson Way in Alamo. There are 16 participants and six non-participants. The CAD project will install 1,125 feet of 8-inch sewer, three manholes, and one rodding inlet. The estimated cost of the CAD project is $196,120. The estimated cost is $13,075 per participant, or $1,760 annually for ten years. As Mr. Batts indicated, this is the first CAD project that the Board will consider funding this fiscal year. If the Via Don Jose CAD is approved, a total of $103,880 will be remaining in the current fiscal year budget for other CAD projects. At 2:57 p.m., President Nejedly opened the public hearing to receive comments on the proposed Via Don Jose Contractual Assessment District No. 2002-6. Mr. Swanson announced the results of the ballots submitted by owners of each affected parcel in the Via Don Jose CAD No. 2002-6. Sixteen ballots were in favor of and six ballots were opposed to the proposed assessment. Mr. Swanson stated that those who want to participate sign the agreement. Those who do not want to participate do not sign the agreement and are not part of the CAD. Ms. Pat Larkin, 1439 Via Don Jose, Alamo, addressed the Board with questions concerning the program and costs. Ms. Larkin stated that the homes in the proposed CAD project area were built in 1952 along a street that is lined with Siberian elms that have now reached their maturity. Ms. Larkin stated that to her, the trees are more important than a sewer. Ms. Larkin requested that a certified arborist look into the sewer line location to ensure that the trees are being considered on this project. Mr. Swanson stated that in some cases an arborist is hired. On this project that was not done because it is a relatively wide street (35 feet wide) with curb and gutter. The sewer will go down the middle of the street. An arborist could be hired as part of the 07 17 03 260 CAD project. The additional cost to the homeowners participating in the CAD would be approximately $300. In response to further questions from Ms. Larkin concerning costs, Mr. Swanson reviewed the CAD costs, costs to the homeowner for installation of a lateral, and the current District costs for connection and annual Sewer Service Charge. It was noted that if Ms. Larkin does not participate in the CAD, there would be no cost to her at this time. Ms. Larkin asked how long she would have to buy into the CAD project. Mr. Swanson stated that 16 people will be signing the contract. Before the Board sets the final assessments, others can still participate. Mr. Swanson stated that he would expect that it would be about a year before the final assessments are set. Mr. Swanson stated that Ms. Larkin can hook up any time, noting that if she waits until after the final assessments are set, she must pay the full cost of her share of the CAD up front and she would not be able to take advantage of the ten-year assessment. Ms. Larkin thanked the Board and Mr. Swanson, stating that she is trying to make up her mind whether to participate in the proposed CAD. There being no further comments, President Nejedly closed the public hearing at the hour of 3:12 p.m. It was moved by Member Lucey and seconded by Member Menesini, that Resolution No. 2003-055 overruling protests be adopted; that Resolution No. 2003-056 be adopted, confirming compliance with California Constitution Article XIIID, Section 4; that Resolution No. 2003-057 be adopted, approving the Engineer's Report, assessments, and ordering improvements; and that the General Manager be authorized to execute an agreement with the Via Don Jose and North Jackson Way parcel owners in conjunction with the Via Don Jose CAD No. 2002-6. Motion approved on the following vote: AYES: Members: Lucey, Menesini, Boneysteele, Nejedly NOES: Members: None ABSENT: Members: Hockett 6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item 8.a., General Manager's Report on the St. Stephens Slide, was taken out of order to accommodate interested persons in the audience. 8. REPORTS a. GENERAL MANAGER 4) Mr. Batts, General Manager, stated that a failing storm drain has resulted in a growing landslide that is threatening a District sewer near St. Stephens Drive in the Orinda area. The District attempted to broker a fix for this situation last summer, but was not successful. Last winter the situation became more severe, and District staff is concerned that if the slide is not fixed this summer, there is a high likelihood that the District could lose its sewer next winter. Currently, a temporary pumping station has been implemented to pump around the problem area. The homeowners and the City of Orinda have been notified of this serious situation and the fact that the District is not responsible either for the damage or for providing a fix. Naturally, the District would like to work with the homeowners and the City, if possible, to develop a solution that meets everyone's needs. In order to allow the District to engineer and construct a fix this year, it is necessary for the Board to approve the project California Environmental Quality Act (CEQA) documentation as well as to give approval to advertise the project. The engineer's estimate for the work is $100,000. Efforts are being made to define the costs as staff 07 1 f'i/ (('ii, ,," \JJ ~~)~ 261 works to develop a partnership to address the situation. This item will be discussed in closed session. Mr. Batts introduced Mr. Tom Godsey, Associate Engineer, who used a map and photographs to show the location of the St. Stephen slide and describe the situation. A slide was caused by water from an 18-inch corrugated metal pipe storm drain. The storm drain has rusted and the bottom is eaten away. Water has been coming out of the storm drain and washing away the soil. Using photographs, Mr. Godsey showed the slide scarp progression from December 2001 to March 2003, and the storm drain in relation to the District's sewer pipe and the creek. All of the water is coming from the storm drain inlet. This runoff from the City of Orinda streets is the only source of water into the storm drain system. Mr. Godsey described the slide, the sewer pipe, the temporary bypass system, and the creek where the storm drain is to discharge. If it is determined that the District should proceed with the slide repair, Board approval of CEQA documentation and approval to advertise is requested today. Construction would begin in September with completion before October 1, 2003. This item will be discussed in closed session later in the meeting. Mr. Aim, Counsel for the District, stated that one of several options the Board has is to take the lead and get this slide repaired and decide later who is responsible. Mr. Lane Johnson, 22 St. Stephens Drive, Orinda, addressed the Board, stating that he first reported this problem to the City of Orinda in the spring of 2000. The slide was just starting then. The City says it is the homeowner's problem to take care of the water, but the drain is rotted out so it erodes the soil from underneath. The City has adopted a legal position that they are not responsible. Mr. Johnson stated that the storm drain is on the other side of the street and it does not do him any good. Mr. Johnson stated that something must be done very soon. It cannot go another winter. Mr. Johnson stated that he would like to sue the City and he may eventually do that, but it will not do any immediate good. Mr. Johnson stated that he has been grateful to be able to work with the District. District staff has been helpful. Mr. Johnson stated that he has talked to District staff about putting in some money to repair this, but it is difficult because he doesn't know what the cost will be. Mr. Johnson stated that he does know that he will have to pay something for a timely repair. Ms. Pat Mandell, 18 St. Stephens Drive, Orinda, addressed the Board, stating that this storm drain pipe is along the border of her property. Ms. Mandell stated that she is very willing to work with the District to fix this. Ms. Mandell stated that she is willing to share costs, but this cannot wait. Ms. Mandell stated that she and Mr. Johnson will sue the City but she hopes the District will sue them as well. Ms. Mandell stated that she and Mr. Johnson will support whatever the District decides to do. Ms. Mandell stated that unfortunately, she and Mr. Johnson are not the only people in Orinda going through this. President Nejedly stated that he would like to stop by to see this situation. Ms. Mandell agreed. It was noted that the St. Stephens slide is scheduled later in the agenda for closed session. At this time, President Nejedly reverted to the order of the agenda. 07 17 03 262 7. BIDS AND AWARDS a. AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO ANDES CONSTRUCTION, INC. FOR THE 2003 CURED-IN-PLACE PIPE PROJECT, DP 5246 Mr. Batts, General Manager, stated that the 2003 Cured-In-Place Pipe Project will line one sewer in Moraga Way in Orinda and one sewer in Bancroft Road in Walnut Creek. The Moraga Way site is 700 feet of 8-inch sewer from Glorietta Boulevard to Buena Vista Drive that has structural defects and root intrusion. The lining will seal the cracks and add structural strength to the sewer. Along with the sewer being lined, the ten laterals will also be lined for at least the first four feet up from the sewer, sealing the first two joints. The Bancroft Road site is 570 feet of 30-inch sewer from Minert Road to the Walnut Creek Channel that is heavily corroded and has exposed rebar. The lining will add structural strength to the line and prevent further corrosion. This is the first project the District has done that will line the lateral for an internal reconnection with the lined sewer. All previous cured-in-place pipe projects included open cut construction for the reconnection of the lateral. Following discussion, it was moved by Member Menesini and seconded by Member Lucey, that award of a construction contract in the amount of $270,000 for construction of the 2003 Cured-In-Place Pipe Project, DP 5246, be authorized to Andes Construction, Inc., the lowest responsible bidder. There being no objection, the motion was approved with Member Hockett being absent. b. AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO CALIFORNIA TRENCH LESS, INC. FOR THE CONTRA COSTA BOULEVARD SLIP LINE PROJECT, DP 5678 Mr. Batts, General Manager, stated that the Contra Costa Boulevard Slip Line Project will install a 30-inch structural liner inside the existing 36-inch sewer using segmental slip lining from north of Viking Drive to north of Golf Club Road. The space between the liner and the existing pipe will be filled with grout. This portion of sewer has severe corrosion that, in places, has corroded past the first set of rebar reducing the structural strength. The lining will add full structural strength to the sewer and prevent further corrosion. This will be the first project the District has done using segmental slip lining. The City of Pleasant Hill will allow daytime construction using this technique. Following discussion in which Member Menesini indicated he would like to visit the site to see the segmental slip lining process, it was moved by Member Menesini and seconded by Member Lucey, that award of a construction contract in the amount of $259,948 for construction of the Contra Costa Boulevard Slip Line Project, DP 5678, be authorized to California Trenchless, Inc., the lowest responsible bidder. There being no objection, the motion was approved with Member Hockett being absent. c. GRANT BID RELIEF TO N.V. HEATHORN AND AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO KAWEAH CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF THE TREATMENT PLANT PROTECTIVE COATING AND PIPE REHABILITATION. DP 7212 Mr. Batts, General Manager, stated that the treatment plant and most of the equipment is now approaching 30 years of service. Due to corrosion and wear of the facilities, extensive preparation and proper coating as well as cathodic protection is needed to reduce deterioration. The work on this project is confined to four general areas: the clarifiers, the aeration basins, the odor control facilities, and the sludge storage tanks. Four bids were received on June 17, 2003. The lowest responsible and responsive bidder was Kaweah Construction Company. Two items require Board action. The first is granting bid relief to N.V. Heathorn, and the second is authorization of an award for a construction contract to Kaweah Construction Company. Mr. Batts introduced Mr. Ba Than, Senior Engineer, who provided an overview of the Treatment Plant Protective Coatings and Pipe Rehabilitation Project. Mr. Than stated that the purpose of the project is to extend the useful life of District assets and to reduce overall replacement costs. There are two primary project components: applying 07 17 {'f!..:..'!.'.:' V 263 protective coatings to equipment and piping, and replacing corroded piping. Steelwork of three secondary clarifiers, 24-inch aeration air headers, the odor control units for the solids conditioning building, sludge storagejanks, and the floor of the denitrified sludge channel will be coated, and spargers in the primary effluent channel and centrate piping in the solids conditioning building will be replaced. Mr. Than showed photographs as he described the work that will be performed. The major cost for this project is the steelwork for the secondary clarifiers which includes sandblasting, surface preparation, removal of lead and arsenic, two-part epoxy coating system, and replacement of sacrificial anodes. Mr. Than reviewed the bid results. The apparent low bid of $433,682 submitted by N.V. Heathorn was withdrawn because of a clerical error in totaling the bid sheets which resulted in an error of $448,564 on the project. The three remaining bids ranged from $660,765 to $724,136. The engineer's estimate was $325,000. Mr. Than stated that the reasons for the low engineer's estimate were the underestimating by staff of the high degree of surface preparation, hazardous materials removal, application of high quality coating, and replacement of sacrificial anodes. Mr. Than presented the staff recommendation to proceed with the original scope of work and authorize award of a construction contract to Kaweah Construction Company, the lowest responsible and responsive bidder. Mr. Than stated that this project is the first phase of a multi-phase project for protective coatings, and should not be delayed. Discussion followed with regard to the extent of the corrosion and standards for determining when protective coatings should be applied. Further discussion followed with regard to rejecting all the bids and rebidding the project, since the bids received were 100 percent over the engineer's estimate. The higher-than-expected bid prices were primarily due to the fact that price quotations received during the design phase did not require the same level of surface preparation and work as was later determined to be necessary and required under the final contract documents, and the engineer's estimate overlooked the costs for installing anodes on the three clarifiers that were added to the project later in design. Ms. Ann E. Farrell, Director of Engineering, stated that the project including the engineer's estimate was done in house. This is not a typical area of expertise for District staff. The District saved money by doing the design and the subsequent engineer's estimate in house, but there was some risk by doing that because we don't often estimate this type of a project. It was moved by Member Menesini and seconded by Member Boneysteele, that bid relief be granted to N.V. Heathorn and that staff be directed to return N.V. Heathron's bid bond; and that award of a construction contract in the amount of $660,765 for the Treatment Plant Protective Coating and Pipe Rehabilitation Project, DP 7212, be authorized to Kaweah Construction Company, the lowest responsible and responsive bidder. Motion approved with President Nejedly voting no and Member Hockett being absent. Member Lucey stated that although he was concerned that the bids were 100 percent over the engineer's estimate, he voted yes because of staff's efforts to try something new by doing this in house. BREAK At 4:02 p.m., President Nejedly declared a recess, reconvening at the hour of 4:12 p.m. with all parties present as previously designated. 8. REPORTS a. GENERAL MANAGER 1) Mr. Batts, General Manager, reported that the Republican state budget proposal was voted down along party lines. The Democrats want less budget cuts and the Republications want no new taxes. Governor Davis insists that he will have a budget soon. The State has borrowed funds to last until September. Part of the Republication compromise was to take 07 17 O. G'..~ ," ~) 264 07 sales tax from cities and counties, replace it with property tax from schools, and then backfill the schools from State general revenues. Senate President John Burton and Senate Minority Leader Jim Brulte continue to meet to try to resolve the budget crisis. Special districts' property tax has still not been specifically discussed. 2) 3) Recent news articles on the retirement system were discussed briefly. Mr. Batts, General Manager, stated that one of the larger projects under construction this summer is the District's Outfall Improvements Project. This project is in response to the District's National Pollutant Discharge Elimination System (NPDES) permit requirement to periodically inspect the outfall pipeline. The project's primary goals are to verify the outfall pipe alignment and assess its physical integrity. Mr. Batts introduced Mr. Alex Rozul, Associate Engineer, who reported that the original contract amountfor Phase 5 of the Outfall Improvements Project, DP 7197, was $1,445,886. The contractor is Power Engineering Contractors from Alameda. The scope of work includes: . Inspection and testing of the 72-inch, four mile long outfall pipe; . Installation of internal mechanical joint seals; . Installation of internal thrust restraints; . Inspection, testing, and replacement as needed of air relief assemblies; . Replacement of the 72-inch outfall gravity valve; . Refurbishment of two 60-inch valves at the filter plant valve structure; and . Manufacture and delivery of new outfall structure slide gate. Mr. Rozul stated that the construction period is 160 calendar days. Notice to Proceed was issued May 14, 2003. The contract completion date is October 21,2003, but the Regional Water Quality Control Board permit limits diversion to 84 days. The outfall must be back in service on October 2, 2003. The project is currently 20 percent complete. Two change orders with a total value of $34,080, 2 percent of the original contract amount, have been issued to date. Using an aerial photograph, Mr. Rozul described the outfall alignment and diversion of the flow during project construction. Mr. Rozul stated that the actual diversion of flow began on July 2, 2003 and flows exited out of Basin C on July 10, 2003. While flows are going overland, the District is maintaining the recycled water system with pumps in the channel sending flow back to the filter plant. Mr. Rozul showed photographs of the pumps, the channel, Basin B, and Basin C. Using an aerial photograph, Mr. Rozul described the water diversion on District property, Conco Cement property, and Vine Hill Investments property. Flows are contained for the most part in the drainage channel with sand bags. The water is controlled by culverts owned by the Flood Control District. The water passes through the culverts into Pacheco Slough. Mr. Rozul stated that besides protecting property and making sure flows go well, part of the project is to replace and rehabilitate valves. For the past week, staff has been inside the outfall pipe testing the joints. So far about 2,500 feet including 160 joints has been tested. There is a question as to whether 11 to 15 of those joints pass the tests. It is estimated that there are 1,500 joints in total to test. Mr. Rozul stated that the District was last in the outfall pipe in 1988. At that time the District was using chlorine It] 0","':' . ¡~ "" ",.' i ,n ~,' "Ù 265 disinfection. It appears that ultraviolet disinfection has not made any difference in the condition of the pipe. At this time, staff has not seen any joints leaking or squirting water. or any slime. In response to questions from Member Menesini, Mr. Rozul stated that sampling is being done both upstream and downstream of the confluence of the Pacheco Slough with Walnut Creek. Testing is required by the Regional Water Quality Control Board. The biggest single change that has been seen is that the marsh has gone from being salt water to fresh water. 4) The St. Stephens slide update was taken out of order earlier in the agenda. 5) Mr. Batts, General Manager, reported that as a result of two recent development proposals and an increasing interest by residents with homes on septic tanks, staff has undertaken the development of a sewering plan for Alhambra Valley. The plan is nearing completion and staff proposes to meet with interested parties and to discuss the plan with the Board. One developer, John Curtis, is trying to complete the permitting process for his eight-lot subdivision. The other developer, Security Owners Corporation, has started the 18-month Environmental Impact Report (EIR) process for their 22-lot subdivision. These developments are located near the corner of Alhambra Valley and Reliez Valley Roads on a former Christmas tree farm. Both developers will incorporate the District sewering plan in their Environmental Impact Reports for their developments. 6) Recently several residents have also inquired about the cost and steps involved with extending the District's sewer system into the Alhambra Valley. Staff estimates that approximately 50 residents out of approximately 200 residents are interested in a sewer extension. Staff is investigating the use of a Local Improvement District process to extend the public sewer to serve residents wishing to be on the public sewer. Mr. Batts, General Manager, stated that at the last Board Meeting the Board requested staff to prepare a summary of all costs, including staff time, related to holding a household hazardous waste mobile collection event. The summary was distributed. Mr. Batts stated that all costs in the summary are for household hazardous waste collection only and do not include any costs for electronic waste (e-waste) collection. Historically, costs related to e-waste have been entirely paid for by the Central Contra Costa Solid Waste Authority (CCCSWA) and the City of San Ramon. The costs in this summary are based on the recent mobile collection event held in Lafayette on May 10, 2003. As the Board is aware, CCCSWA would like the District to partner with them on holding a second event near the Rossmoor area. CCCSW A is willing to pay 65 percent of the total event costs related to household hazardous waste and 100 percent of the e-waste costs. It is staff's understanding that CCCSWA Board Members Sue Rainey and Erling Horn intend to address the Board regarding this proposal at the August 7 Board Meeting. One issue that has not been addressed in the CCCSW A proposal is the matter of siting the location for any future event. Because of the challenges faced in siting the Lafayette event, staff would prefer that CCCSWA be responsible for siting any future events. However, District staff would have Philips attempt to provide the requested insurance required for the events. 7) Mr. Batts, General Manager, announced that the public outreach program for the staff-recommended increase in Capacity Fees and Environmental and Development-Related Rates and Charges is underway. On June 25, over 450 letters were sent out to individuals and companies who have specifically requested notice of fee increase proposals, the Home Builder's 07 17 O. ..Q." ~J} 266 07 8) 9) 10) Association of Northern California, developers, contractors, and engineers who regularly work in the District service area. Copies were distributed to the Board. The letter included detailed information on the recommended fees and charges, and invited those interested to attend one of two informal meetings to discuss the proposals with staff. In addition to the mailing, copies of the handouts are being distributed at the Permit Counter. The first of the two meetings was scheduled for Tuesday, July 15, at 10:00 a.m. Staff was prepared for the meeting but no one from the public attended. Only one telephone inquiry has been received thus far. The call was from Shapell asking when the increases would take effect. There have been several negative comments from contractors at the Permit Counter regarding the magnitude of some of the proposed side sewer inspection fees. The second of the two meetings is scheduled for Tuesday, July 22, at 2:00 p.m. Mr. Batts, General Manager, stated that at the last Board Meeting staff gave a report on the replacement of the Moraga/Orinda Crossroads Pumping Stations pumps. At that time the Board was told that one Cornell pump was to be delivered the week of July 7 for testing. Cornell did not meet this schedule and plans to ship the pump on Wednesday, July 23, 2003. Mr. Batts, General Manager, reported that for the second time in three months, anhydrous ether, an explosive chemical, was brought to the Household Hazardous Waste Collection Facility (HHWCF). On Saturday, June 28, a Pleasant Hill resident arrived with anhydrous ether among the items he was dropping off. This chemical forms explosive peroxides over time and with exposure to oxygen. The friction generated by transporting this container to the HHWCF could have caused an explosion. HHWCF staff reacted quickly and correctly. The Contra Costa County Sheriff's Department, the County HazMat team, and the Alameda County bomb squad responded. The container was removed from the HHWCF and was detonated offsite. The HHWCF was closed down for several hours and six cars were turned away during this period. President Nejedly requested that staff draft letters for his signature thanking the Sheriff's Department, HazMat team, and bomb squad for their assistance. Mr. Batts, General Manager, reported that on July 9,2003, the District began providing recycled water to Sequoia Elementary and Middle Schools in Pleasant Hill for irrigating their playing fields. These sites will use 30 to 35 acre feet per year of recycled water and will generate approximately $25,000 per year in revenue. This will increase annual revenue to about $225,000 per year and total recycled water sales to almost 600 acre feet per year. The District is also providing recycled water to two other school sites in the Mt. Diablo School District: Valley View Middle School and College Park High School. The School District has been very satisfied with recycled water and is looking forward to getting recycled water service to their Pleasant Hill Middle School site near Oak Park Boulevard. . Staff expects to be able to provide service when the next recycled water line extension is completed as part of the Pleasant Hill Relief Interceptor Phase 5 Project, scheduled for completion within the next several years. 11) Mr. Batts, General Manager, reported that District staff and CalTrans have discovered that construction of the widening of 1-680 just south of Highway 4 conflicts with an existing 12-inch sewer crossing 1-680. This conflict will require the relocation of the sewer at two locations, one on each side of 1- 680. District staff has met with CalTrans to discuss the conflict and CalTrans has agreed that they will pick up all costs for design, construction, and inspection. District still will design the relocations and provide inspection during construction. CalTrans will have their contractor 17 0 .~..". t ' \iiI.,;'" '.~ b. 267 perform the work to relocate the sewer. The relocation of the sewer is expected to occur in the early fall. 12) Mr. Batts, General Manager, announced that Delta Diablo Sanitation District has selected Gary Darling as General Manager. Mr. Darling worked for Contra Costa Water District and played a large part in the construction of Los Vaqueros; and most recently he worked at East Bay Municipal Utility District in water supply planning. Mr. Batts reported that both West County Wastewater District and Union Sanitary District are now recruiting for General Managers. COUNSEL FOR THE DISTRICT c. None SECRETARY OF THE DISTRICT None d. BOARD MEMBERS 1) Member Menesini requested input from the Board with regard to proposed changes to the California Special Districts Association (CSDA) Bylaws. The Board deferred to Member Menesini, who indicated that he would vote in favor of the proposed changes to the CSDA Bylaws. The proposed changes relate to actions to be taken in the case of a tie in election of directors, and deletion of the requirement for the mail ballot to be distributed via certified mail. 2) Member Menesini, Chair of the Personnel Committee, stated that he and President Nejedly met with staff on July 9, 2003. Member Menesini distributed and reviewed meeting notes from the July 9, 2003 Board Personnel Committee meeting, at which he and President Nejedly endorsed the request for authorization to fill the vacant Operations Safety Specialist and Materials Coordinator 1111 positions. 3) Member Menesini announced that Mr. Bhupinder Dhaliwal, Laboratory Superintendent, will be the featured speaker at the July 21, 2003 Environmental Alliance Discussion Series. Mr. Dhaliwal will be discussing the status of mercury contamination and control in the San Francisco Bay region. The meeting begins at noon and is held at the John Muir National Historic Site, 4202 Alhambra Avenue in Martinez. All those interested are invited to attend. 9. HUMAN RESOURCES ADOPT MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND THE MANAGEMENT GROUP EFFECTIVE APRIL 18, 2003 THROUGH APRIL 17,2009 a. Mr. Batts, General Manager, stated that agreement was reached with the Management Group in a cooperative and professional manner. The proposed revisions to the Management Group Memorandum of Understanding reflect the understanding reached with the Board in closed session at the last meeting. It was moved by Member Menesini and seconded by Member Lucey, that the Memorandum of Understanding between the District and the Central Contra Costa Sanitary District Management Group, covering all positions designated as Management, effective April 18, 2003 through April 17, 2009, be approved. There being no objection, the motion was approved with Member Hockett being absent. 07 17 0 Ef.) J ~) 268 a. 10. CORRESPONDENCE RECEIVE LETTER DATED JUNE 18,2003 FROM THE STATE WATER RESOURCES CO~D (SWRCB) REGARDING PETITION OF WASTE DISCHARGE REQUIREMENTS FOR SAN FRANCISCO BAY REGION ~O. CAO037648): APPROVAL OF REQUEST TO EXTEND ABEYANCE Receipt was noted of the letter dated June 18, 2003 from the State Water Resources Control Board regarding Petition of Waste Discharge Requirements for San Francisco Bay Region (NPDES No. CA 0037648). The State Water Resources Control Board will continue to hold this Petition in abeyance until August 23, 2004. 11. APPROVAL OF MINUTES a. MINUTES OF JUNE 5, 2003 MINUTES OF JUNE 19,2003 b. It was moved by Member Lucey and seconded by Member Menesini, that the minutes of the Regular Board Meeting of June 5, 2003 and the minutes of the Regular Board Meeting of the June 19, 2003 be approved as presented. There being no objection, the motion was approved with Member Hockett being absent. 12. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED JULY 17, 2003 Member Lucey, Chair of the Budget and Finance Committee, stated that he and President Nejedly reviewed the expenditures and would recommend approval. It was moved by Member Lucey and seconded by President Nejedly, that the Expenditure List dated July 17, 2003, including Self Insurance Check Nos. 102020- 102028, Running Expense Check Nos. 145203-145770, Sewer Construction Check Nos. 25713-25801, Payroll Manual Check Nos. 48910-48913, and Payroll Regular Check No. 54649-54695, be approved as recommended. There being no objection, the motion was approved with Member Hockett being absent. 13. BUDGET AND FINANCE a. RECEIVE MAY 2003 FINANCIAL STATEMENTS Ms. Colette Curtis-Brown, Finance Administrator, reviewed the results of operations and maintenance for the month of May 2003, noting that expenditures were $278,000 less than budget, representing an 8.5 percent favorable variance. Year-to-date expenditures were $3.2 million less than budget, representing an 8.9 percent favorable variance. Year-to-date O&M revenues were $33 million, 0.6 percent greater than budget. Ms. Curtis-Brown reported that year-to-date Sewer Construction Fund revenues were $20.3 million, $500,000 greater than expenditures of $19.8 million. Ms. Curtis-Brown noted that these figures are net of Dougherty Valley expenses and reimbursements. Ms. Curtis-Brown reported that the District's temporary investments were held in commercial paper and the District's Local Agency Investment Fund (LAIF) account. The average yield of the District's LAIF account through May 2003 was 1.769 percent. President Nejedly declared that the May 2003 Financial Statements were duly received. 14. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 07 17 0.: W...; G~"...~Î '. ¡~I ~~ 269 15. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None 16. CLOSED SESSION REAL PROPERTY NEGOTIATIONS a. With respect to real property negotiations, the closed session was held pursuant to Government Code Section 54956.8. The real property which the negotiations may concern is Assessor's Parcel Number 159-250-006 in Martinez, California. The District negotiators Messrs. Kenton L. Aim and Randall M. Musgraves may negotiate with representatives of Vine Hill Investments including Mr. James Pezzaglia. b. SIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section 54956.9(b), a point has been reached where in the opinion of the Board of Directors of the Central Contra Costa Sanitary District, on the advice of its Counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the District. One potential matter is to be discussed. c. INITIATION OF LITIGATION Pursuant to Government Code Section 54956.9(c), on the advice of Counsel based on existing facts and circumstances, the Board of Directors of the Central Contra Costa Sanitary District has decided or is deciding whether to initiate litigation. One potential matter is to be discussed. d. 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 the 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 position and instruct its designated representatives. The District's negotiators are Labor Counsel Allison Woodall and Human Resources Manager Cathryn Freitas, 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 4:54 p.m., President Nejedly declared the closed session to discuss real property negotiations pursuant to Government Code Section 54956.8, significant exposure to litigation pursuant to Government Code Section 54956.9(b), initiation of litigation pursuant to Government Code Section 54956.9(c), and labor negotiations pursuant to Government Code Section 54957.6 as noted above. Member Hockett entered the meeting at the hour of 5:15 p.m. At 6:00 p.m., President Nejedly concluded the closed session and reconvened the meeting into open session. 17. REPORT OF DISCUSSIONS IN CLOSED SESSION No decisions were made or votes taken in closed session that require reporting at this time. No action was taken with regard to Consent Calendar Item 4.4, St. Stephens Slide Project. 07 17 0, '=~ '1 ~ 270 18. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at the hour of 6:00 p.m. pre~Boa~o~ Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 07 17 0"." ".. '~.'..~ . .. tJ