HomeMy WebLinkAboutBOARD MINUTES 10-18-07
MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD ON OCTOBER 18, 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 18, 2007.
President Nejedly called the meeting to order and requested that the Secretary call roll.
1. ROLL CALL
PRESENT: Members: Hockett, Lucey, McGill, Menesini, Nejedly
ABSENT: Members: None
a. PLEDGE OF ALLEGIANCE TO THE FLAG
Board and staff joined in the Pledge of Allegiance to the Flag.
2. PUBLIC COMMENTS
There were no public comments.
3. AWARDS AND COMMENDATIONS
a. RECEIVE RESOLUTION FROM CONTRA COSTA COUNTY BOARD OF
SUPERVISORS RECOGNIZING THE CONTRIBUTIONS OF CENTRAL CONTRA
COSTA SANITARY DISTRICT ON THE LOWER WALNUT CREEK CHANNEL
PROJECT
Supervisor Mary Piepho presented the resolution and thanked the Board of Directors and
staff for their support and cooperation on the Lower Walnut Creek Channel Project.
b. ADOPT RESOLUTIONS RECOGNIZING SERVICE AWARD RECIPIENTS
General Manager James Kelly stated that, each year, the Board recognizes the service of
employees who have been at the District for five, ten, fifteen, twenty, twenty-five, and
thirty years. This year the Board is being asked to adopt resolutions honoring fifty-five
employees. The Service Awards luncheon that will be held at Vic Stewart's Restaurant in
Walnut Creek on Nov. 7, 2007, at 11 :30 a.m.
It was moved by Member Hockett and seconded by Member Menesini to adopt
Resolutions 2007-137 throuah 2007-152. Motion passed by unanimous vote of the
Board.
Book 57 - Page 12
Board Minutes of October 18, 2007
4. CONSENT CALENDAR
It was moved by Member Menesini and seconded by Member McGill to adopt the
Consent Calendar as recommended. Motion passed by unanimous vote of the Board.
a. Approve expenditures dated October 18, 2007. Reviewed by Budget and Finance
Committee.
b. Approve minutes of September 20, 2007 Board Meeting.
c. Adopt Resolution 2007-153 confirming publication of a summary of District
Ordinance No. 246 (Uncodified) - an ordinance establishing reimbursement fees
applicable to properties that directly connect to Job 5656 (Las Lomas Way, Walnut
Creek); Job 5817 Camino Del Diablo, Orinda); and Job 5851 (Camellia Lane,
Lafayette) Standard Sewer Facilities.
d. Adopt Resolution 2007-154 accepting an offer of dedication from Franco Reggi
and John D. Bridges, accepting public sewer improvements (Job 5507 - Parcel 2,
Brown Avenue, Lafayette), and authorizing staff to record the resolution with the
Contra Costa County Recorder.
e. Adopt Resolution 2007-155 accepting an offer of dedication from Franco and
Oksana Reggi, accepting public sewer improvements, (Job 5507 - Parcel 3,
Brown Avenue, Lafayette), and authorizing staff to record the resolution with the
Contra Costa County Recorder.
f. Adopt Resolution 2007-156 accepting an offer of dedication from Taylor Woodrow
Homes, Inc. for an easement shown on the recorded final map of subdivision 8396
in the Alamo area, accepting Job 5521 public sewer improvements, and
authorizing staff to record the resolution with the Contra Costa County Recorder.
g. Adopt Resolution 2007-157 accepting an offer of dedication from Lawrence and
Carole Jewik, accepting public sewer improvements, (Job 5528 - Parcel 2, Corwin
Drive, Alamo), and authorizing staff to record the resolution with the Contra Costa
County Recorder.
h. Adopt Resolution 2007-158 authorizing execution and recording of a quitclaim
deed to Kenneth R. Nazari (77 Carolyn Court, Lafayette, District Project 1552 -
Parcel 86 (Portion)), and authorizing staff to record the resolution with the Contra
Costa County Recorder.
i. Adopt Resolution 2007-159 authorizing execution and recording of a quitclaim
deed to Tracy and Anne Trotter (943 Kelley Court, Lafayette, District Project 1552
_ Parcel 86 (Portion)) and authorizing staff to record the resolution with the Contra
Costa County Recorder.
Book 57 - Page 13
Board Minutes of October 18, 2007
j. Approve increase in cost ceiling of Professional Engineering Consulting Service
Agreement with Damon S. Williams Associates for the redesign of the Dissolved
Air Flotation Thickener (DAFT) Polymer System Improvements, District Project
7258.
k. Confirm revised travel policy wording as approved by the Board at the October 4,
2007 Board Meeting.
I. Approve staff attendance to the Damage Prevention Conference and Expo in Las
Vega, Nevada.
Member Menesini requested that staff provide a report on the Conference.
5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
Items 12 and 13 were taken out of order.
6. BIDS AND AWARDS:
a. AWARD A CONSTRUCTION CONTRACT FOR DISTRICT PROJECT 5980. A-
LINE RELIEF INTERCEPTOR PHASE 2A. TO MOUNTAIN CASCADE. INC. AS
THE LOWEST RESPONSIVE BIDDER IN THE AMOUNT OF $20,650.750. AND
AUTHORIZE THE GENERAL MANAGER TO EXECUTE THE CONTRACT
DOCUMENTS; AUTHORIZE AN AMENDMENT TO THE CONSULTANT
AGREEMENT WITH CAROLLO ENGINEERS FOR ENGINEERING SERVICES
DURING CONSTRUCTION FOR THE SAME PROJECT
General Manager James Kelly stated that, on October 5, 2007, the District received five
bids for the construction of District Project 5980, A-Line Relief Interceptor (Phase 2A), a
joint project with the City of Concord. The project will extend the A-Line Relief Interceptor
from Buchanan Fields Golf Course to the intersection of Meridian Park Boulevard and
Galaxy Way, and will construct a gravity connection to the interceptor that will allow the
City of Concord to eliminate its pump station. The Engineer's estimate for the project is
$19,851,000 and bids received ranged from $20,650,750 to $25,895,600. Staff
recommends that the Board award the project to Mountain Cascade, Inc. for
$20,650,750.
Senior Engineer Alex Rozul presented a report on the project overview, bid results, cost-
sharing component, and project schedule. He stated that the bid is comprised of two
parts: the base bid sewer work and an additive bid for the recycled water component.
The recycled water part of the project is dependent upon agreement with Contra Costa
Water District. The Engineer's estimate for the base bid portion of the project is
$19,851,000.
Book 57 - Page 14
Board Minutes of October 18, 2007
With regard to the cost-sharing, the City of Concord will pay 100 percent of their inter-tie,
which amounts to $6.5 million plus CCCSD staff costs. The cost-sharing is set forth in a
Joint Powers Agreement.
Notice to Proceed on the project will occur in November, 2007; tunneling will begin in
March 2008; the crossing of Walnut Creek will take place in summer 2008; and the
project will be completed in November 2008.
He concluded his report, stating that staff recommends awarding the construction
contract to Mountain Cascade in the amount of $20,650,750, and authorizing an
amendment to the consultant agreement with Carollo Engineers for engineering services
during construction for the same project.
President Nejedly requested that any work that affects the Buchanan Field Golf Course
be carefully monitored to ensure that the impact is minimized as much as possible, and
that the work site be kept neat and clean.
President Nejedly thanked City of Concord Director of Public Works Qamar Khan for the
City's cooperation on the project, and asked for the City's help in obtaining support for the
recycled water part of the project. Mr. Khan agreed, and stated that use of recycled
water has been made a mandatory component of the Naval Weapons Station reuse
project. He stated that he will ask the Mayor and the City to send a letter to the Contra
Costa Water District stressing the importance of the recycled water project and urging
them to participate financially.
It was moved by Member Hockett and seconded by Member Menesini to award a
construction contract for District Project 5980, A-Line Relief Interceptor Phase 2A, to
Mountain Cascade, Inc. as the lowest responsive bidder in the amount of $20,650,750,
and to authorize the General Manager to execute the contract documents; and to
authorize an amendment to the consultant agreement with Carollo Engineers for
engineering services during construction for the same project. Motion passed by
unanimous vote of the Board.
7. REPORTS
a. GENERAL MANAGER
1) Industrial User Academv
General Manager James Kelly stated that, as part of Source Control's Strategic
Plan and to meet the goals of Excellent Customer Service, an Industrial User
Academy was developed and implemented.
Senior Source Control Inspector Colleen Henry provided a report of the inaugural
Industrial User Academy which was held in September 2007. The purpose of the
academy was to give attendees a better understanding of their Industrial User
Book 57 - Page 15
Board Minutes of October 18, 2007
Permit, to teach them how to stay in compliance with the permit, and to answer
questions. She stated that there were 19 attendees at the two-day seminar. She
described the topics covered, and reported that an exit survey completed by
attendees showed a high level of satisfaction with the academy.
She concluded her report, stating that the plan is to hold more academies in the
future, with a shorter format to allow more businesses to attend, and to hold
academies at other locations within the service area.
2) General Manager James Kelly announced that two of the three shifts that
staff the Fire Department stations in Pacheco, Concord and Walnut Creek
have been to the District's treatment plant and conducted emergency
response exercises. The third shift from those stations is expected to
perform their exercise in late November. Captains from all three stations
have been very pleased with the training sessions - sentiments also echoed
by plant operations staff who have taken part in the exercises.
3) General Manager James Kelly announced that, with the migration out of the
area by most of the Cooper hawks, there has been an explosion in the local
pigeon population in and around the treatment plant. A licensed pest
control specialist has been contracted to trap and remove those pigeons.
Starting next week, the owner of a Peregrine falcon will fly his trained bird in
and around the treatment plant several times a week in the coming months
as a follow-up deterrent.
4) General Manager James Kelly announced that District staff will be on hand
with a Household Hazardous Waste display and information at the
Saturday, October 20,2007, Walnut Creek Eco-Fair at the Lesher Center.
The exhibit will be part of the Sustainable Walnut Creek: Going Green
Together event, a free information fair for area residents and businesses on
how to protect and sustain a healthy environment. The event runs from 8
a.m. to 1 p.m.
5) General Manager James Kelly announced that, on June 7,2007, staff
advised the Board that the District had undercharged developers of two
subdivisions in Danville for capacity, reimbursement, and other related fees.
The two developers are KB Home and Lennar Communities. The
subdivisions are located in the "intervening properties" area near Lawrence
Road and Camino Tassajara.
Lennar Communities paid the $258,083.70 in additional fees in September
2007. KB Home owes an additional $133,287.87. Staff has previously
sent lot-by-Iot fee information to KB Home. A KB Home representative
requested the legal authority opinion for CCCSD to collect additional fees
Book 57 - Page 16
Board Minutes of October 18, 2007
after a connection permit has been issued, which staff has provided. Staff
has sent a formal invoice for the amount due and payable within 45 days.
Announcements 2-5 were included as written announcements in the Board packet.
6) General Manager James Kelly announced that the Purchasing Division will
competitively bid the replacement of the main plant fence and gate,
including related operator equipment and controls. This installation will be
funded from District Project 7251, Plant Site Improvements. Request for
bids will start on October 30,2007, with the bid opening on November 20,
2007. A position paper authorizing award will be presented to the Board on
December 6,2007.
7) General Manager James Kelly announced that a claim has been filed by the
Fire Department because the main gate closed on a fire trunk that was on
the premises for an emergency drill. The gate will be replaced as part of
District Project 7251.
8) General Manager James Kelly announced a 25,000 gallon sewer overflow
in Orinda. The spill flowed into the creek, which has been cleaned. The
spill was appropriately reported. Gravel was found in the sewer, and staff is
attempting to determine the source of the gravel. The sewer line had been
cleaned less than six months prior to the overflow.
Director of Collection System Operations Bill Brennan described the
response to the spill and confirmed that the creek has been fully restored.
9) General Manager James Kelly announced that, with Board concurrence,
the District will provide administrative support to Contra Costa Special
Districts Association, including preparation and distribution of agendas and
scheduling of quarterly meetings.
10) General Manager James Kelly asked Board Members to select their
preferred chair style as new chairs are being purchased for the Board
Room.
b. COUNSEL FOR THE DISTRICT
District Counsel Kent Aim reported that the quiet title action authorized during Closed
Session on October 4,2007 will be filed on October 19 or October 22,2007.
District Counsel Kent Aim announced that he has reviewed the Consent Agreement with
the City of San Diego regarding sanitary sewer overflows, and will provide the Board
more information if requested.
Book 57 - Page 17
Board Minutes of October 18, 2007
District Counsel Kent Aim announced that copies of the legal opinion regarding
allegations against the Mayor of San Jose are available for Board review.
c. SECRETARY OF THE DISTRICT
No reports.
d. BOARD MEMBERS
1) Member McGill reported on the October 12, 2007 Budget and Finance
Committee meeting. The Board received the report without comments.
2) Member McGill summarized the October 10, 2007 Ad Hoc Code Review
Committee meeting. He stated that the Committee has reviewed Titles 1,2
and part of 5. He asked that detailed summaries of the Ad Hoc
Committee's proposed revisions be provided to the Board.
3) Member Menesini reported on the October 11, 2007 Outreach Committee
meeting. The Board received the report without comments.
4) Member Menesini reported on the October 15, 2007 California Special
Districts Association Contra Costa Chapter meeting.
5) Member McGill reported on his attendance at the Water Environment
Federation Technical Exhibition and Conference (WEFTEC) in San Diego
on October 13-17, 2007 and summarized the key points of the conference.
He suggested that the Board may wish to consider establishing a Board
Energy Committee in 2008.
6) Communication Services Manager Michael Scahill reported on the 8th
Biennial State of the San Francisco Estuary Conference held in Oakland.
7) Reports on miscellaneous business meetings attended by Board Members.
Member McGill reported on his attendance at the October 4, 2007 Mayors'
Conference and the Building Industry Association meeting.
12. CLOSED SESSION
The Board recessed at 3:08 p.m. to reconvene in closed session in the Caucus Room
regarding Personnel Matters Pursuant to Section 54957 of the Government Code -
review of District Counsel contract.
The Board reconvened in open session in the Board Room at 3:34 p.m.
Book 57 - Page 18
Board Minutes of October 18, 2007
13. REPORT OUT OF CLOSED SESSION
No reports.
8. ENGINEERING
a. APPROVE THE FIRST SIX CHAPTERS OF THE STATE-MANDATED SEWER
SYSTEM MANAGEMENT PLAN (SSMP)
General Manager James Kelly stated that the California State Water Resources Control
Board approved an Order on May 2, 2006 that requires the development of a Sanitary
Sewer Management Plan and requires that the chapters of the Management Plan be
approved by the governing body of the sewer system. In July 2007, the Board approved
the plan and schedule for development of the Sanitary Sewer Management Plan.
The first six chapters have been developed and are being presented to the District Board
of Directors for consideration and approval.
Associate Engineer Gail Chesler described the goals of the Plan and the legal authority,
which is derived from the California Health and Safety Code. Funding for the Plan is
obtained through O&M and Sewer Construction funds. She displayed a chart showing
the District's Overflow Emergency Response Plan and described other components of
the program relating to the control of fats, oils and grease.
The Board is required to approve the first six chapters of the Plan, which cover Goals;
Organizational Structure; Legal Authority; Operation and Maintenance; Emergency
Overflow Response; and Program for Control of Fats, Oils and Grease.
It was moved by Member Hockett and seconded by Member Lucey to approve the first
six chapters of the State-Mandated Sewer System Management Plan. Motion passed by
unanimous vote of the Board.
9. BUDGET AND FINANCE
a. RECEIVE THE AUDITED FINANCIAL STATEMENTS FOR THE FISCAL YEAR
ENDED JUNE 30. 2007
General Manager James Kelly stated that the firm of Cropper Accountancy Corporation
has completed the annual audit of the District's financial statements for the fiscal year
that ended June 30,2007.
Controller Debbie Ratcliff introduced John Cropper, who presented the audit results.
Mr. Cropper stated that this firm issued an Unqualified Opinion in the Auditors Report.
He stated that he concurred with the Management Discussion Analysis prepared by staff,
which was well prepared and contained good comparisons. The balance sheet did not
Book 57 - Page 19
Board Minutes of October 18, 2007
change significantly over the prior year, but net assets increased by approximately $5
million. He also reported that $6.9 million was returned to the District by the State,
referred to as the "triple-flip." He referred to GASB 45, 49 and 51, which will be
implemented in 2009.
He stated that his company did not issue a Management Letter this year, but provided
oral comments to staff. There were no material misstatements or areas of risk, and no
reportable conditions. He added that his company felt that the monitoring and
communication in the Finance Division did not justify a Management Letter.
With regard to investments, the rate of return was 5.16 percent, compared with the 90-
day T-bill rate of 4.88 percent.
He reported that the District has set aside $3.1 million for GASB 45. He recommended
that the GASB 45 liability be handled the same way as a pension and that money be put
aside into a separate trust that is protected from lawsuits.
In response to a question from Member McGill, Controller Debbie Ratcliff reported that
the results of the actuarial study will be presented to the Budget and Finance Committee
when it is available.
10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None.
11. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS
None.
14. ADJOURNMENT
There being no further business to come before the Board, President Nejedly adjourned
the meeting at 3:56 p.m.
~~~ ~ 71> ~.~
J es A. Nejedly
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
GZ~~ /
Elaine R. Boehme
Secretary of the Central Contra Costa
Sanitary District, County of Contra Costa,
State of California
Book 57 - Page 20