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HomeMy WebLinkAboutBOARD MINUTES 10-04-07 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON OCTOBER 4, 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, October 4,2007. President Pro Tem Lucey called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: ABSENT: Members: Hockett, McGill, Menesini, Lucey Nejedly a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance to the Flag. b. INTRODUCTIONS Board Members congratulated Jose Plascencia on his promotion to Maintenance Crew Leader. 2. PUBLIC COMMENTS There were no public comments. 3. CONSENT CALENDAR It was moved by Member Menesini and seconded by Member Hockett to adopt the Consent Calendar as recommended. Motion passed by the following vote of the Board: AYES: NOES: ABSENT: Members: Members: Members: Hockett, McGill, Menesini, Lucey None Nejedly a. Approve expenditures dated October 4, 2007. Reviewed by Budget and Finance Committee. b. Receive August 2007 Financial Statements. Reviewed by Budget and Finance Committee. Book 57 - Page 1 Board Minutes of October 4, 2007 c. Approve minutes of September 6, 2007 Board Meeting. d. Adopt Resolution 2007-127 accepting an offer of dedication from Lafayette Hidden Oaks, L.P. for an easement shown on the recorded final map of Subdivision 8438 in the city of Lafayette, accepting public sewer improvements (Job 5728 - Parcel 3), and authorize staff to record documents with the Contra Costa County Recorder. e. Adopt Resolution 2007-128 authorizing execution of a quitclaim deed to Joanna Roberts (55 Hidden Oaks Drive, Lafayette, District Project 1552 - Parcel 86 (Portion)) and authorize staff to record documents with the Contra Costa County Recorder. f. Adopt Resolution 2007-129 authorizing execution of a quitclaim deed to Margaret L. Taylor, Trustee (56 Hidden Oaks Drive, Lafayette, District Project 1552 - Parcel 86 (Portion)) and authorize staff to record documents with the Contra Costa County Recorder. g. Adopt Resolution 2007-130 authorizing execution of a quitclaim deed to Ramon and Jamie Snyder (21 Samantha Drive, Lafayette, District Project 1552 - Parcel 86 (Portion)) and authorize staff to record documents with the Contra Costa County Recorder. h. Adopt Resolution 2007-131 authorizing execution of a quitclaim deed to Peter and Ramona Branagh (23 Samantha Drive, Lafayette, District Project 1552 - Parcel 86 (Portion)) and authorize staff to record documents with the Contra Costa County Recorder. I. Adopt Resolution 2007-132 authorizing execution of a quitclaim deed to Peter Auzers and Joann Bowes (25 Samantha Drive, Lafayette, District Project 1552 - Parcel 86 (Portion)) and authorize staff to record documents with the Contra Costa County Recorder. j. Adopt Resolutions 2007-133 and 2007-134 accepting an offer of dedication and public sewer improvements (Job 5538 - Parcel 1 ), authorizing execution of a quitclaim deed to ExecuCenter (2960 Camino Diablo, Walnut Creek area; Job 3454 - Parcel 3 (Portion)), and authorize staff to record documents with the Contra Costa County Recorder. k. Adopt Resolutions 2007-135 and 2007-136 accepting an offer of dedication and public sewer improvements (Job 5538 - Parcels 2 and 3), authorizing execution of a quitclaim deed to Westview Park (Camino Diablo, Walnut Creek area; Job 3454 - Parcel 3 (Portion)), and authorize staff to record documents with the Contra Costa County Recorder. Book 57 - Page 2 Board Minutes of October 4, 2007 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 5. BIDS AND AWARDS: a. AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $253.700 FOR THE CONSTRUCTION OF THE ELECTRICAL CABLE REPLACEMENT SUBSTATION 40 PROJECT. DISTRICT PROJECT NO. 7271 TO CON J. FRANKE ELECTRIC INC.. THE LOWEST RESPONSIBLE BIDDER. AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE THE CONTRACT DOCUMENTS General Manager James Kelly stated that this project is part of the District's ongoing infrastructure renewal effort. The project originally went to bid in May/June of 2007, and the low bid was $300,000 with the second low bid of $399,700. Due to irregularities in the low bid, staff determined it should be considered non-responsive. On July 5,2007 the Board rejected all bids and directed staff to modify the bid documents and re-bid the project. The project was re-bid in August-September of 2007 and resulted in the same low bidder. The bids ranged from $253,700 to $419,845, a saving of 46,000 to $132,000 over the prior bids. Staff has reviewed the bids and determined that Con J. Franke Electric Company is the lowest responsive bidder with a bid of $253,700. Staff recommends that the Board award the construction project to Con J. Franke It was moved by Member Menesini and seconded by Member Hockett to award a construction contract in the amount of $253,700 for the construction of the Electrical Cable Replacement Substation 40 Project, District Project No. 7271 to Con J. Franke Electric 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: NOES: ABSENT: Members: Members: Members: Hockett, McGill, Menesini, Lucey None Nejedly 6. REPORTS a. GENERAL MANAGER 1) Update on Montanera Development in Orinda General Manager James Kelly stated that the Montanera development is located in Orinda's Gateway Valley near the Caldecott Tunnel. Ground has been broken Book 57 - Page 3 Board Minutes of October 4, 2007 on the project, and the project's engineers have submitted sewering plans, which will be issued for construction shortly. Jarred Miyamoto-Mills, Principal Engineer in the Development Services Group, presented information on the project, stating that the development is located on the former Kaiser Quarry site near the Caldecott Tunnel in Orinda. It is now known as the Wilder development. The project consists of 245 homes to be built beginning in 2008, and sewers will be constructed in 2008-09. 2) Construction Overview/Status General Manager James Kelly stated that the District currently has twenty projects in various stages of construction, with a total contract value of approximately $22 million. These projects illustrate the District's effort to maintain its infrastructure and have adequate capacity for the future. Capital Projects Division Manager Tad Pilecki provided the Board an overview of the status of the construction activities. Capacity program activities total $3,698,000; Renovation program activities $17,785,000; and other total $640,000. He described Plant Wet-Weather Protection, DP 7266; the 2007 Lower Walnut Creek Emergency Protection Measures, which is a Flood Control District project; Plant Control System Improvements, DP 7204; Ultraviolet Disinfection Expansion, DP 7240; Service Air System Improvements, DP 7210; Piping Renovation and Replacement, Phase 3, DP 7234; Treatment Plant Safety Enhancements, Phase 3, DP 7263; A-Line Interceptor Rehabilitation Project, DP 5806; Walnut Creek Sewer Renovations, Phase 5, DP 5964; North Orinda Sewer Renovations, Phase 2.1, DP 5968; North Orinda Sewer Renovations, Phase 3, DP 5963; 2006 Storm Damage Repair, DP 5981; Alhambra Valley Trunk Sewer, Phase 2, DP 5919; and the HOB/POB HVAC and Roof Improvements, DP 8205. 3) General Manager James Kelly announced that the Flood Control District continues work on their 2007 Lower Walnut Creek Emergency Interim Protection Measures project. The contractor, Pacific States Environmental Contractors, currently is desilting north of the confluence of Walnut and Grayson Creeks. On September 20,2007, the contractor began placing desilted soil in the PG&E right-of-way on the north end of the treatment plant property. Testing is taking place to ensure that the soil meets the requirements of the agreement with the Flood Control. Staff regularly monitors the construction activities near the treatment plant. 4) On January 11, 2007, the Board approved a construction contract with Monterey Mechanical Company for the construction of the Service Air Book 57 - Page 4 Board Minutes of October 4, 2007 Improvements Project. The compressed air system, including air compressors, air dryers, heat exchangers, and variable frequency drives, is being shipped to a facility in Portland, Oregon for factory acceptance system testing. Based on the current schedule, the testing will take place in mid-October and is expected to last for approximately two days. It is prudent to witness the factory testing of the compressed air system components prior to shipment from the test facility. On July 19, 2007, staff announced that Associate Engineer Gary Rathunde, and Assistant Engineer Nathan Hodges would attend the testing. Staff proposes to substitute Senior Engineer David Reindl for Associate Engineer Gary Rathunde to witness this test with Assistant Engineer Nathan Hodges. Announcements 3 and 4 were included as written announcements in the Board packet. 5) General Manager James Kelly announced that the contractor for Phase 2 of the Trunk Sewer Project was given a notice to proceed on September 24, 2007. The contractual completion date is January 2,2008. Construction has started on the inverted siphon crossing of Alhambra Creek. The boring and receiving pits are being excavated and shored, and sewer construction along Wanda Way is expected to begin within two to three weeks. LAFCO has certified the District's application to annex 242 properties in the Alhambra Valley. LAFCO will consider approval of this application on November 14, 2007. Staff has been working with several neighborhood groups regarding construction and financing of public main sewer extensions from the soon to be completed trunk sewer. Staff anticipates asking the Board to initiate the formation of three assessment districts on November 1, 2007. b. COUNSEL FOR THE DISTRICT No reports. c. SECRETARY OF THE DISTRICT No reports. Book 57 - Page 5 Board Minutes of October 4, 2007 d. BOARD MEMBERS 1) Member McGill reported on the September 27,2007 Budget and Finance Committee meeting and summarized the action summary for that meeting. The Board accepted the report without comments. 2) Reports on miscellaneous business meetings attended by Board Members. Member McGill reported on his attendance at the California Special Districts Association Conference in Monterey, and at the Governance Foundation Academy provided by the CSDA. 3) Announcements Member Menesini encouraged Board Members and staff to attend the 8th Biennial State of the San Francisco Estuary Conference in Oakland. President Pro Tem Lucey stated that he recently attended an East Bay Community Foundation meeting, at which attendees commended Environmental Services Division Manager Curt Swanson for his assistance. 7. ADMINISTRATIVE a. APPROVE REVISIONS TO THE TRAVEL POLICY TO INCREASE THE MAXIMUM DAILY MEAL ALLOWANCE FROM $50 TO $64. AND ELIMINATE THE AUTHORITY TO APPROVE EXCEPTIONS TO THE MAXIMUM DAILY MEAL ALLOWANCE. APPROVAL RECOMMENDED BY HUMAN RESOURCES COMMITTEE General Manager James Kelly stated that, at the request of two Board Members, the Travel Policy was reviewed by staff and the Human Resources Committee. Based on this review, it is proposed to increase the maximum daily meal allowance from $50 to $64, and eliminate the authority to approve exceptions to the maximum daily meal allowance. Member Hockett requested that the authority of the General Manager to provide oversight and grant exceptions to the maximum daily amount not be e!iminated. Member McGill stated that, in his opinion, it is difficult to purchase meals within the allowance when attending conferences, particularly at hotels. He stated that the amount needs to be appropriate, since public funds are being used. He suggested that meals included as part of the conference registration not be deducted, but if a traveler signs up for a specific meal for which there is an extra charge, that meal would be excluded from the daily allowance. Book 57 - Page 6 Board Minutes of October 4, 2007 Member Hockett concurred with Member McGill's comments. She inquired whether there is an escalation clause, to which President Pro Tem Lucey replied that there is not. President Pro Tem Lucey stated that he disagreed with Member McGill's suggestion to remove the requirement to deduct meals provided by the conference. He stated that if a traveler chose not to attend a meal provided by the conference, that meal should not be reimbursed. Member Hockett stated that another consideration is dietary restrictions. Travelers should not be required to disclose such restrictions because of privacy issues. In response to a question from Member McGill, President Pro Tem Lucey stated that varying meal costs among different cities has not been taken into account in the proposed $64 maximum. Member McGill noted that the $64 allowance is indeed a maximum and not an entitlement. It was moved by Member Hockett to amend the proposed revisions to the travel policy to not remove the discretion of the General Manager. Motion died for lack of a second. It was moved by Member McGill and seconded by Member Hockett to approve revisions to the travel policy as proposed, increasing the daily maximum to $64 and eliminating the General Manager's authority to override the daily maximum, but with an amendment to delete the requirement that meals included in the conference registration be deducted from the $64, unless there is an additional charge for the meal, in which case that meal would be removed from the daily allowance. In response to a question from President Pro Tem Lucey, Member McGill confirmed that the intent of his motion is to state that, if a traveler attends a meal which is included as part of the conference registration, an expense item cannot be turned in for that same meal. If the traveler does not attend a meal included in the conference and eats elsewhere, that meal will be reimbursed in accordance with the policy. Member Menesini stated that he would abstain from voting, as he felt more research was necessary. He concurred that there may be special dietary needs that have to be considered but did not want travelers to have an open range within the approved meal allowance. He stressed that travelers should not be financially penalized for attending conferences. Member Lucey stated that he would not support the motion for the reasons previously stated. Motion passed by the following vote of the Board: AYES: NOES: ABSTAIN: ABSENT: Members: Members: Members: Members: Hockett, McGill Lucey Menesini Nejedly Book 57 - Page 7 Board Minutes of October 4, 2007 President Pro Tem Lucey asked District Counsel Kent Aim the effect of a 2-1-1 vote. Mr. Aim stated that the motion passed by a majority of the quorum, with Member Menesini abstaining and President Nejedly absent. Mr. Aim suggested that the adopted wording be brought back to a Committee or on the Consent Calendar. President Pro Tem Lucey recommended that it be placed on the Consent Calendar rather than going to a Committee. He stated that, until that time, the travel policy will remain unchanged. 8. ENGINEERING a. APPROVE A PLAN FOR MOBILE HOUSEHOLD HAZARDOUS WASTE COLLECTION EVENTS General Manager James Kelly stated that the Household Hazardous Waste (HHW) Committee evaluated the concept of conducting mobile collection events and is recommending that the District implement a plan for up to three mobile events in 2007/08. He stated that mobile events would be conducted in cities that request an event, provided that the city, or other agency, agrees to secure a site for the event, pays for the differential cost of collecting household hazardous waste, and partners with the District promoting the event. The purpose of the events is to improve the District's visibility; attract new customers to the Household Hazardous Waste facility; and reduce demand on the Household Hazardous Waste facility on peak days. Benchmarks will be established to determine the success of the events. Environmental Services Manager Curt Swanson presented a report and provided background information on the matter. He stated that the Household Hazardous Waste Committee re-evaluated mobile HHW events and concluded that such events could be an important method of collecting hazardous waste. He stated that the Committee proposed a trial plan, which includes inviting cities or other agencies to host mobile events, for which the cities or other agencies would secure sites, promote the events, and pay the differential cost of the event. Up to three events per year would be conducted. The goals and purpose of the trial plan are to increase CCCSD visibility in the community, increase disposal of hazardous waste and increase awareness and use of the HHW facility, reduce peak day use of the HHW facility. Benchmarks would be developed by the Committee for future Board consideration. He concluded his report, stating that if the Board approves the trail plan, staff will contact cities to determine if there is interest in hosting mobile events. In response to a question from Member McGill, Mr. Swanson responded that, if more than three requests are received, they would be selected on a first come, first served basis. Book 57 - Page 8 Board Minutes of October 4, 2007 Member Lucey stated that all cities should be informed at the same time. Member Menesini stated that the mobile events will be taking toxic materials out of the waste stream, and will also increase community awareness. He suggested involving local organizations, Chambers of Commerce, and service clubs to assist in getting the message out to the public. Member Hockett stated that, when this topic was first discussed, it was to address a report from HHW Facility Manager David Wyatt that included numbers that showed lack of use by certain areas. San Ramon had a low participation rate and the discussion included targeting them for marketing, awareness, and public outreach to increase their participation rate. She stated that she did not support holding city-by-city mobile events, as the District already has an excellent facility. She stated that her preference would be to conduct an event in San Ramon and Walnut Creek and not leave it open to cities to choose whether they want to conduct an event, as there could be a number of requests generated. She stressed the importance of encouraging people to come to the HHW facility. Member Lucey stated that he agreed with a lot of Member Hockett's comments. He stated that the District has an excellent facility and felt San Ramon and others should be encouraged to use it. He did not feel that Walnut Creek should receive special treatment merely because of the Rossmoor development. He requested that the Budget and Finance Committee look at and evaluate the financial information regarding the cost to conduct mobile events. Member McGill stated that he supported the trial plan and the removal of hazardous waste from the waste stream. He stated that benchmarking is critical to determine the success of the plan. Member Lucey pointed out that participants are only being asked to pay one quarter of the event cost. It was moved by Member McGill and seconded by Member Menesini to approve a plan to conduct up to three mobile collection events for FY 2007-08 as recommended, and to direct staff to send letters to the seven member cities at the same time to allow equal opportunity for participation. Motion passed by the following vote of the Board: AYES: NOES: ABSENT: Members: Members: Members: Hockett, McGill, Menesini, Lucey None Nejedly District Counsel Kent Aim requested clarification that the offer to hold mobile events only applies to cities in the District's service area, and not the cities served by contract. Book 57 - Page 9 Board Minutes of October 4, 2007 General Manager James Kelly confirmed that seven cities will be invited to submit requests. A letter will also be sent to the County Solid Waste Authority. Member Hockett expressed concern that the District may receive multiple requests, and will be placed in the position of having to refuse all but three. She recommended that the District select the three cities, which ideally would be cities with low HHW facility participation. Mr. Kelly stated that the object of the plan is to encourage more people to come to the HHW facility, to increase outreach, and to reduce peak day demand at the facility. If the requesting city meets the terms of the offer, selection would be on a first come, first served basis. In response to a question from Member Lucey, Mr. Swanson stated that if a person from a neighboring city deposited waste at another city's mobile event, the waste would be accepted. 9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 10. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member McGill requested that District Counsel provide an update on a recent case against the Mayor of San Jose relating to the use of public funds in garbage franchise negotiations. 11. CLOSED SESSION The Board recessed at 3:12 p.m. to reconvene in closed session in the Caucus Room regarding: a. Conference with real property negotiators pursuant to Section 54956.8 of the Government Code concerning easements/access, path between Green Street and Hillside Drive, Martinez-APN 372-121-041. District negotiators: Kenton L. Aim, Randall M. Musgraves, Ann Farrell, and Curt Swanson. Negotiating parties: Gus Kramer Under negotiation: Price and Terms of Payment. b. Conference with Legal Counsel on anticipated litigation - Initiation of litigation pursuant to Subdivision (c) Section 54956.9 of the Government Code - one potential matter. Book 57 - Page 10 Board Minutes of October 4, 2007 The Board reconvened in open session in the Board Room at 3:39 p.m. 12. REPORT OUT OF CLOSED SESSION District Counsel Kent Aim reported that the Board voted in closed session to direct Counsel to proceed with the filing of a quiet title action in connection with access to the path between Green Street and Hillside Drive, Martinez - APN 372-121-041. 13. ADJOURNMENT There being no further business to come before the Board, President Pro Tern Lucey adjourned the meeting at 3:40 p.m. s ' & ~J~/~ J es A. Nejedly resident of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: ~~ Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Book 57 - Page 11