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HomeMy WebLinkAbout03.a.1) Draft minutes of meeting held June 6, 2013MINUTES OF THE REGULAR MEETING Ja. OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JUNE 6, 2013 The Board of Directors of the Central Contra Costa Sanitary District convened in a regular meeting in the Board Room, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on Thursday, June 6, 2013. President Nejedly called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Causey, Pilecki, Williams, Nejedly ABSENT: Members: McGill a. PLEDGE OF ALLEGIANCE TO THE FLAG The Board and staff joined in the Pledge of Allegiance. b. INTRODUCTIONS None. The Board welcomed new employee Matthew Mahoney, Maintenance Planner in the Plant Operations Department 2. PUBLIC COMMENTS 3. AWARDS AND COMMENDATIONS a. PRESENTATION OF CAMPAIGN EXCELLENCE AWARD FROM COMMUNITY HEALTH CHARITIES REGARDING THE DISTRICT'S ANNUAL GIVING CAMPAIGN Provisional General Manager Curt Swanson stated that, each November, the District sponsors an employee charitable Giving Campaign, and, in the last ten years, over $180,000 has been contributed to a variety of non - profit organizations. These efforts were recognized on March 21, 2013 by Community Health Charities of California (CHC -C), who partners with the District to endorse and process the payroll and cash contributions. Senior Administrative Assistant Deborah Harris presented the CHC -C Campaign Excellence Award to the Board for outstanding campaign management, staff participation, and corporate social responsibility. a I 14 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of June 6, 2013 4. CONSENT CALENDAR Approve minutes of Board meetings held on the following dates: April 11, 2013; May 2, 2013; and May 13, 2013. Approve expenditures dated June 6, 2013. Reviewed by Budget and Finance Committee. Receive April 2013 Financial Statements and Investment Reports. Reviewed by Budget and Finance Committee. d. Set July 11, 2013 at 2:00 p.m. as the date and time for a public hearing to consider declaring a piece of property located within 1250 Springbrook Road, Walnut Creek (APN 177 - 270 -030), as currently unneeded, and authorizing the General Manager to amend the current lease with New Cingular Wireless PCS, LLC (formerly AT &T Wireless PCS, Inc.) to increase the lease area for an existing wireless communications facility and extend the lease term for a period not to exceed ten years. Approval recommended by Enterprise Committee. e. Authorize extension of medical leave of absence without pay for Maintenance Crew Member II Shawn Bitle through February 28, 2014. Adopt revisions to job classification of Plant Operations Division Manager. g. Delete a vacant Senior Engineering Assistant position (G72, $7,207 - $8,725), and add and authorize the filling of an Engineering Assistant III position (G69, $6,710- $8,113). It was moved by Member Pilecki and seconded by Member Causey to adopt Items 4.a. through 4.f. Motion passed by unanimous vote of the Board. It was moved by Member Williams and seconded by Member Pilecki to adopt Item 4.g. Motion passed by the following vote of the Board: AYES: Members: Pilecki, Williams, Nejedly NOES: Members: Causey ABSENT: Members: McGill 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Items 8.a. and 8.b. were taken out of order to accommodate members of the public who were present. 2 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of June 6, 2013 6. BIDS AND AWARDS a. AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $125,215.80 TO BRIDGE MASTERS INC. THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR CONSTRUCTION OF THE SUSPENDED PIPE SUPPORT EVALUATION AND REPAIR, DISTRICT PROJECT 5955; AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE THE CONTRACT DOCUMENTS SUBJECT TO SUBMITTAL REQUIREMENTS Provisional General Manager Curt Swanson stated that, on May 23, 2013, the District received two bids for the Suspended Pipe Evaluation and Repair, District Project 5955, to repair and replace support systems to eight pipes suspended from bridges near active creeks. To help protect these pipes from seismic events, the work will involve welding, drilling, and placement of lateral bracing. Staff reviewed the bids and recommended awarding the project to Bridge Masters, Inc. for $125,215.80. It was moved by Member Causey to table and refer the item to the Capital Projects Committee for review and recommendation prior to Board action. He explained that the project is over budget, and, while it is stated that there is adequate cash flow for the project, $6.5 million has been issued in contracts exceeding the budget since he has been on the Board. He stated that, since he did not know how this will affect the overall program, he remained concerned for how these projects will be funded or what projects will be deferred as a result. He stated his opinion that it is the Capital Projects Committee's responsibility to make a recommendation if the scope of work has changed, or the budget has been exceeded by certain amount. He clarified that he does not want to manage the projects but wants to understand the financial obligations being made. Member Pilecki explained that the projects included in the current budget were developed more than eighteen months ago, with no design drawings or preliminary estimates available; therefore, staff is given flexibility to exceed the numbers. The Fiscal Year 2013 -14 budget reflects a lower cost, but the construction estimate was accurate, and staff provided an explanation for the only variation in the numbers. He added that the delay caused by deferring this matter to the Capital Projects Committee might compromise the construction window, and he reminded the Board of the past failure of the Recycled Water line over Grayson Creek. The motion made by Member Causey to table the item died for lack of a second. Member Williams stated that he would be open to looking at the issue on a more holistic basis and hearing the recommendations of the Capital Projects Committee regarding how budgets are set, what they mean, and if there is any flexibility. On a case -by -case basis, however, he stated the need to move forward with performing the duties of the District. It was moved by Member Pilecki and seconded by Member Williams to award a construction contract in the amount of $125,215.80 to Bridge Masters, Inc., the K? CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of June 6, 2013 lowest responsive and responsible bidder for construction of the Suspended Pipe Support Evaluation and Repair, District Project 5955; and authorize the General Manager to execute the contract documents subject to submittal requirements. Motion passed by the following vote of the Board: AYES: Members: Pilecki, Williams, Nejedly NOES: Members: Causey ABSENT: Members: McGill b. AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $661.165 TO ROTO- ROOTER PLUMBING SERVICES, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR THE SEWER TELEVISION INSPECTION PROJECT, PHASE 2B, DISTRICT PROJECT 5948; FIND THAT THE PROJECT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA); AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE THE CONTRACT DOCUMENTS SUBJECT TO SUBMITTAL REQUIREMENTS Provisional General Manager Curt Swanson stated that, on May 21, 2013, the District received four bids for the Sewer Television (TV) Inspection, Phase 2B, District Project 5948, which will provide sewer TV inspection for selected pipe segments in Walnut Creek, Pleasant Hill, and Martinez that had been televised in Phase 1. This re- inspection will enable staff to evaluate sewers and assess additional deterioration that may have occurred in the interim. Staff reviewed the bids and recommends awarding the project to Roto- Rooter Plumbing Services for $661,165. It was moved by Member Causey and seconded by Member Williams to award a construction contract in the amount of $661,165 to Roto- Rooter Plumbing Services, the lowest responsive and responsible bidder for the Sewer Television Inspection Project, Phase 213, District Project 5948; find that the project is exempt from California Environmental Quality Act (CEQA); and authorize the General Manager to execute the contract documents subject to submittal requirements. Motion passed by unanimous vote of the Board. 7. REPORTS a. GENERAL MANAGER 1) Update on nutrient studies Provisional General Manager Curt Swanson reported that, as part of the District's 2012 National Pollutant Discharge Elimination System (NPDES) Permit, the District is required to evaluate the effects on Suisun Bay of ammonia and other nutrients in its wastewater effluent discharge. Toward meeting this requirement, the District submitted to the San Francisco Bay Regional Water Quality Control Board (RWQCB) a Facility and Site ll CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of June 6, 2013 Characterization Work Plan in June 2012 and a Nutrient Work Plan in July 2012. Senior Engineer Dana Lawson stated that the Suisun Bay Nutrient Studies are in progress. In relation to the Treatment Plant Studies, the Facilities Plan and Site Characterization Report are expected to be complete in February 2014, and the Reassessment of Ammonia Limits is expected to be complete in April 2015. Ms. Lawson described and noted the progress of the three elements of the Work Plan: optimization of ammonia removal to meet potential interim limits; a facilities plan to meet potential long -term limits; and site characterization for the contaminated soil in the surcharge area. The Summary Report will be submitted to the RWQCB on February 28, 2014. Ms. Lawson stated that a Watershed Permit is being developed, based on the San Francisco Bay Nutrient Strategy, which relies on scientific studies to determine nutrient impacts and prudent management options. Studies conducted by the District would be incorporated into the permit, and the District's participation in this process would be facilitated through Bay Area Clean Water Agencies (BACWA). The Nutrient Watershed Permit's target issuance date is April 2014. 2) Announcements The following written announcements were included with the agenda packet: a) 2013 Annual Recycled Water Rate Increase b) Proposed Donation of Credit to Water and Wastewater Leadership Center Member Causey suggested that staff apply the $1,000 credit to future employee attendance in the 2014 Water and Wastewater Leadership Program. The Board concurred with this suggestion. c) Public Bidding for Diablo Sewer Renovations, Phase 2, District Project 5976 Member Causey noted that he hoped this project and its bids would be reviewed by the Capital Projects Committee before its award, as it seemed to him that this project may come in over budget. d) District to Upgrade to Microsoft Office 2010 Software CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of June 6, 2013 e) Selection of Independent External Audit Firm Member Causey raised his concern that the total cost of the series of one -year contracts exceeds staff authority. District Counsel Kent Alm clarified that the District is not bound to extend the contract every year. The Board suggested that staff proceed with executing the first -year contract but return to the Board for approval to execute the contracts for the following years. The following additional announcements were made at the meeting: f) Collection System Operations (CSO) Division Places Second in its Quest for California Water Environment Association (CWEA) State Award for Collection System Operation of the Year g) 2013 Employee Appreciation Picnic Scheduled for July 17 h) Diablo Sewer Renovation Project, Phase 2 - Public Workshop b. COUNSEL FOR THE DISTRICT No reports. C. SECRETARY OF THE DISTRICT Secretary of the District Elaine Boehme reminded the Board that the District's Open Enrollment period for changes to medical coverage ends on June 20, 2013. 1) Board Member reports on recent meetings for which they received the stipend; and meetings or conferences for which the District paid their expenses; future meetings or conferences for which they will receive the stipend or for which the District will pay their expenses Member Pilecki Member Pilecki, who served as an Alternate on the Committee for Chair McGill, and President Nejedly reported on the June 3, 2013 Budget and Finance Committee meeting and summarized the Action Summary. The Board received the report without comment. 2) Announcements None. C:1 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of June 6, 2013 8. BUDGET AND FINANCE a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT FOR INSTALLMENT PAYMENT OF CAPACITY FEES FOR OYAMA SUSHI (RESTAURANT) LOCATED AT 1519 N. MAIN STREET IN WALNUT CREEK FOR A PERIOD NOT TO EXCEED TWO YEARS Provisional General Manager Curt Swanson stated that the owner of a new sushi restaurant in Walnut Creek, Oyama Sushi, has requested Board approval of payment in installments of approximately $14,000 of capacity fees. Should the Board authorize the agreement, staff will prepare an installment payment agreement to include a down payment and interest at six percent. The Budget and Finance Committee recommended Board authorization of this agreement at its meeting on June 3, 2013. President Nejedly stated that the Board has authorized similar agreements on occasion on a case -by -case basis. He directed staff to draft a standard operating procedure or brief guidelines to reduce staff time in preparing these agreements, using this case as a template. It was moved by President Nejedly and seconded by Member Causey to authorize the General Manager to execute an agreement for installment payment of capacity fees for Oyama Sushi (restaurant) located at 1519 N. Main Street in Walnut Creek for a period not to exceed two years. Motion passed by unanimous vote of the Board. b. CONDUCT A HEARING TO CONSIDER AN APPEAL BY MR. RICHARD PRICE OF THE STAFF DECISION TO ASSESS A CAPACITY FEE AND RELATED FEES AND CHARGES FOR HIS PROPERTY LOCATED AT 4221 BLACKHAWK MEADOW COURT IN DANVILLE (APN 220 - 230 -021) The Budget and Finance Committee reviewed this matter at its June 3, 2013 meeting and recommended the Board deny the appeal. Senior Engineer Thomas Brightbill stated that staff has been attempting to collect fees for the unpermitted connection of a single family home belonging to Mr. Richard Price at 4221 Blackhawk Meadow Court in Danville. Mr. Brightbill stated that the permit application was received in August 2003, and the connection was discovered in 2012, during the permit counter audit. In 2003, the plans were reviewed and stamped, clearly indicating that no connection was to be made until all fees were paid. In February 2013, Mr. Price was notified that $7,307 in fees were owed, which includes the current capacity fee. Mr. Price requested a hearing to appeal staff's decision to assess these fees. Mr. Brightbill stated that the capacity fees are meant to equalize the investment in District assets among current and new users, ensuring that new users pay their fair share. The District Code and Standard Specifications state that payment must be collected at the "roof and rough - plumbing" phase for new construction. Eight other 7 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of June 6, 2013 property owners under similar circumstances, with recently- discovered fees stemming from application dates of 1996 to 2004, have paid their fees this year. Member Williams requested that, in early 2014, staff prepare a report regarding the effectiveness of staff's efforts to improve the permitting process. Mr. Price explained that he paid his contractor in full, who he assumed had, in turn, paid the fees to the District. He stated that it would be difficult to prove that occurred, given that it was ten years ago. This puts him at a disadvantage and places on him an unreasonable burden of proof, as opposed to if the District had been more diligent in trying to discover unpaid fees and conducted the audit within a few years of the application being filed. He stated that, while staff has been cordial and professional, the District may not be employing best practices in this situation. He noted that he would be willing to pay all Sewer Service Charges (SSC) ten years back, because he would have been charged those whether or not that permit originally had been paid. District Counsel Kent Alm stated that, according to the District Code, the statute of limitations runs from the time of discovery, and, by the fairest reading of the Code, the fees are due at the time of discovery. While it may seem comparatively long, a ten -year long statute is permissible as a discovery provision. The Code suggests the fee should be the fee charged on the date of discovery; however, there is a separate provision giving the Board authority to consider special circumstances. It was not clarified what fees to charge when the Board set the policy. President Nejedly stated his view that the District has some culpability in the matter, and, it is likely that Mr. Price's contractor never paid the fees. He noted that Mr. Price will already be saving money by the District only charging three years' SSC fees, and the hookup should be inspected to ensure it was completed to the District's standards. He suggested that the District charge the Application Fee, Annexation Fee, Inspection Fee, Fiscal Year (FY) 2009 -10 and 2010 -11 SSC (the FY 2011 -12 SSC has already been billed on the Tax Roll) and the 2005 Capacity Fee. Mr. Price replied that he was seeking a compromise and found President Nejedly's offer to be fair. It was moved by President Nejedly and seconded by Member Causey to deny the appeal and adjust the total fees and charges to $5,493, consisting of the Application Fee, Annexation Fee, Inspection Fee, Fiscal Year (FY) 2009 -10 and 2010 -11 SSC (the FY 2011 -12 SSC has already been billed on the Tax Roll) and the 2005 Capacity Fee. Motion passed by unanimous vote of the Board. Member Williams suggested that this case sets a precedent, noting that eight properties under similar circumstances have already paid the full amount. He stated that the next customers ought to be charged the same as Mr. Price. E:3 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of June 6, 2013 Member Causey added that only those involved in the delayed audit should be charged as Mr. Price was, now that the permitting process has been refined. President Nejedly stated his opinion that the Board did not set a precedent because it may make rulings under special circumstances. He stated that, to simplify the process for staff, customers could be charged whatever the fee was when the plans were stamped, along with the other fees, and three or two years' SSC, depending if one year's charge has already been collected on the Tax Roll. District Counsel Kent Alm confirmed the Board's direction to resolve these matters in the manner stated above. He added that, if the customer does not pay and the District has to go through the collection process, the District will charge exactly what the Code says it can. The Board concurred and directed staff to present a summary of paid and outstanding fees (fees and circumstances surrounding fees) for use in consideration of possible refunding. 9. TREATMENT PLANT a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH THE UNIVERSITY OF CALIFORNIA, DAVIS, IN THE AMOUNT OF $105,000 FOR DR. SWEE TEH TO REPEAT THE FULL LIFE - CYCLE BIOASSAY APPROACH ASSESS CHRONIC EXPOSURE OF PSEUDODIAPTOMUS FORBESI TO AMMONIA STUDY LAST COMPLETED IN 2010 Provisional General Manager Curt Swanson stated that, under the District's current NPDES Permit, the District is required to conduct certain studies related to the effects of ammonia in the District's discharge to Suisun Bay. Staff believes it would be prudent to have UC Davis repeat a 2010 study on threshold ammonia toxicity effects prior to conducting a more extensive copepod study in the spring of 2014. Laboratory Superintendent Mary Lou Esparza stated that the draft and final work plan of the overall NPDES Permit Bay Nutrient Studies are completed; the studies will be complete on September 1, 2014; and the final report will be submitted on November 1, 2014. She described the required components of the Bay Nutrient Study and their progress: a Surface Water Ambient Monitoring Program (SWAMP) Suisun Bay study; an Effluent Characterization study; collaborative nutrient studies by Bay Area Clean Water Agencies (BACWA); discharge modeling; and the copepod study. The copepod study to be undertaken by the District would be an extension of the UC Davis 2010 study. It was moved by Member Causey and seconded by Member Williams to authorize the General Manager to execute a professional services agreement with UC Davis, in the amount of $105,000 for Dr. Swee Teh to repeat the Full Life -Cycle Bioassay Approach Assess Chronic Exposure of Pseudodiaptomus forbesi to Ammonia study last completed in 2010. Motion passed by unanimous vote of the Board. A CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of June 6, 2013 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION a. RECEIVE UPDATE ON EMERGENCY DECLARED ON MAY 2, 2013 AND, IF WORK HAS NOT BEEN COMPLETED, AUTHORIZE THE GENERAL MANAGER UNDER PUBLIC CONTRACT CODE 22050(B) TO CONTINUE TO DIRECT CASE /COTTER, INC., D. W. NICHOLSON CORP., AND DISTRICT FORCES TO PERFORM EMERGENCY REPAIRS ON THE DAMAGED DISSOLVED AIR FLOTATION (DAF) TANK, DISTRICT PROJECT 7265, TREATMENT PLANT EQUIPMENT REPLACEMENT PROJECT None. Senior Engineer Craig Mizutani presented an update on the status of the repairs on Dissolved Air Flotation (DAF) Tank No. 1, which failed catastrophically on April 19, 2013. He stated that, at the May 2, 2013 Board Meeting, the Board declared an emergency to allow immediate repairs. The tank now has a new baffle, track, and coating. The new collector arms were not properly sandblasted and arrived four inches too long, but they have since been modified, and new arms have been installed. In the future, DAF Tank Nos. 2 and 3 will have a structural and equipment inspection, new coating systems will be investigated, and worn and corroded parts will be repaired. Tank No. 1's arms and Tank Nos. 2 and 3 will be sandblasted and coated, and the original drive will be replaced on DAF Tank No. 2, as planned before the failure of Tank No. 1. Mr. Mizutani reported that, currently, $200,000 has been authorized, but estimated contractor and vendor costs are now at $250,000. These additional costs were due to structural steel work and field modifications to the arms. District Engineering and Inspection staff costs are being tracked as part of the Treatment Plant Piping Renovations, District Project 7298, and have been estimated at $45,000. DAF Tank No. 1 is anticipated to be returned to service on June 8, 2013. It was moved by President Nejedly and seconded by Member Williams to authorize the General Manager under Public Contract Code 22050(b) to continue to direct Case /Cotter, Inc., D. W. Nicholson Corp., and District forces to perform emergency repairs on the damaged Dissolved Air Flotation (DAF) tank, District Project 7265, Treatment Plant Equipment Replacement project, and authorize expenditure of up to $250,000 to complete the repair work. Motion passed by unanimous vote of the Board. 11. SUGGESTIONS FOR FUTURE AGENDA ITEMS 12. CLOSED SESSION The Board recessed at 3:54 p.m. to reconvene in closed session in the Caucus Room on Items 12.a. and 12.c. only. 10 CENTRAL CONTRA COSTA SANITARY DISTRICT Board Minutes of June 6, 2013 a. Conference with labor negotiators pursuant to Government Code Section 54957.6: District Negotiators: • Labor Negotiation and Benefits Counsel Edward L. Kreisberg, Esq. • Provisional General Manager Curt Swanson • Human Resources Manager Teji O'Malley • Secretary of the District Elaine Boehme Employee Organizations: • Employees' Association, Public Employees Union, Local One • Management Support /Confidential Group (MS /CG) • Management Group The Board recessed at 5:16 p.m. to reconvene in the Board Room in open session. None. 13. REPORT OUT OF CLOSED SESSION 14. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at 5:16 p.m. James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CIVIC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California 11