HomeMy WebLinkAboutBOARD MINUTES 11-15-07
MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD ON NOVEMBER 15, 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, November 15, 2007.
President Nejedly called the meeting to order and requested that the Secretary call roll.
1. ROLL CALL
PRESENT: Members: Hockett, Lucey, McGill, Nejedly
ABSENT: Members: Menesini
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. CONSENT CALENDAR
Item 3.j. was removed from the Consent Calendar by David Rolley for discussion.
General Manager James Kelly announced that Item 3.m., which would normally be
placed under the Engineering section, has been added to the Consent Calendar because
it is a relatively small allocation and a contract slightly over his authority. Mr. Kelly stated
that, with the Board's concurrence, in the future similar position papers would be placed
on the Consent Calendar.
It was moved by Member Lucey and seconded by Member Hockett to adopt the Consent
Calendar as recommended, with the exclusion of Item j. Motion passed by the following
vote of the Board:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Hockett, Lucey, McGill, Nejedly
None
Menesini
a. Approve expenditures dated November 15,2007. Reviewed by Budget and
Finance Committee Chair McGill.
b. Approve minutes of October 18, 2007 Board Meeting.
Book 57 - Page 32
Board Minutes of November 1, 2007
8. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS
President Nejedly requested an update on the Alhambra Valley Trunk Sewer project.
9. ADJOURNMENT
There being no further business to come before the Board, President Nejedly adjourned
the meeting at 3:12 p.m.
~- G ~..4
es A. Nejedl
President 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 31
Board Minutes of November 15, 2007
c. Adopt Resolution 2007-171 accepting an offer of dedication from DVC Triplex
Associates for an easement shown on the recorded final map of Subdivision 8553
in the city of Pleasant Hill, accepting public sewer improvements (Job 5605 _
Parcels 1 and 3), and authorize staff to record documents with the Contra Costa
County Recorder.
d. Adopt Resolution 2007-172 accepting an offer of dedication and public sewer
improvements from Contra Costa Junior College District, Diablo Valley College,
Pleasant Hill, (Job 5605 - Parcel 2), and authorize staff to record documents with
the Contra Costa County Recorder.
e. Adopt Resolution 2007-173 accepting an offer of dedication from Lark Place
Development, LLC for an easement shown on the recorded final map of
Subdivision 8461 in the Alamo area, accepting public sewer improvements (Job
5608 - Parcel 1), and authorize staff to record documents with the Contra Costa
County Recorder.
f. Adopt Resolution 2007-174 accepting an offer of dedication from Braddock and
Logan Group, II, LP for an easement shown on the recorded final map of
Subdivision 8338 in the city of Walnut Creek, accepting public sewer
improvements (Job 5609 - Parcel 1 ) and authorize staff to record documents with
the Contra Costa County Recorder.
g. Adopt Resolution 2007-175 accepting an offer of dedication from Oak Road
Station Homeowners Association, Inc. (Job 5609 - Parcel 3), Parnell Court, Walnut
Creek, and authorize staff to record documents with the Contra Costa County
Recorder.
h. Set December 20,2007 as the date for a public hearing on the Collection System
Operations Facilities Improvements Project Mitigated Negative Declaration.
i. Authorize the General Manager to execute an agreement with Nexus Integration
Service, Inc., for the purchase and expansion of the District's Storage Area
Network.
k. Authorize extension of medical leave of absence without pay for Utility Worker
Maralee Davi through November 16, 2007.
I. Authorize medical leave of absence without pay for Buildings and Grounds
Supervisor Harry Wyles through December 21,2007.
m. Authorize the General Manager to allocate $95,000 from the Treatment Plant
Contingency Account and execute an Engineering Services Agreement with LWA,
Inc. for the Dilution Evaluation Project (DP 7250).
Book 57 - Page 33
Board Minutes of November 15, 2007
n. Accept the contract work for the Ultraviolet Disinfection Expansion Project, District
Project 7240, performed by D. W. Nicholson Corp, and authorize the filing of the
Notice of Completion.
j. Direct staff to secure the services of an arbitrator in accordance with the
disciplinary appeal procedure.
President of Public Employees Union Local One David Rolley addressed the
Board regarding this item, stating that, in his opinion, Mr. Lafferty has been
wrongly terminated and is covered by the Memorandum of Understanding and
Americans with Disabilities Act. He requested that Mr. Lafferty be permitted to
come back to work and reimbursed for back pay.
Member Lucey stated that the Human Resources Committee has reviewed the
matter.
It was moved by Member Hockett and seconded by Member Lucey to direct staff
to secure the services of an arbitrator in accordance with the disciplinary appeal
procedure. Motion passed by the following vote of the Board:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Hockett, Lucey, McGill, Nejedly
None
Menesini
4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
None.
5. REPORTS
a. GENERAL MANAGER
1) Alhambra Valley Trunk Sewer Proiect Update
General Manager James Kelly stated that construction of the second phase of the
Alhambra Valley Trunk Sewer started in September and will be completed by
January 2008.
Assistant Engineer Nancy Molina presented a construction status report, and a
status report on the annexations. She stated that the Local Agency Formation
Commission (LAFCO) approved the Alhambra Valley Estates annexation
(Annexation No. 168-B) on August 8,2007, and annexation of 242 properties on
November 14, 2007. Staff will report to the Board in early 2008 on outstanding
issues and the California Environmental Quality Act (CEQA) approach for
properties located outside the Urban Limit Line (Proposed Annexation 168-C).
Book 57 - Page 34
Board Minutes of November 15, 2007
There are potentially up to 15 assessment districts, and six neighborhoods have
expressed interest in forming assessment districts. Staff will seek Board approval
to initiate formation of three assessment districts on December 6, 2007. Approval
to form three more will be sought on December 20,2007.
Ms. Molina stated that the Alhambra Valley Trunk Sewer Phase 2, District Project
5919, is expected to be completed by January 2, 2008. The contractor is Marques
Pipeline, Inc. and the contract cost is $774,965.
Mr. Thomas Sharman of Millthwait Drive spoke on behalf of several property
owners who are outside of the Urban Limit Line and urged the Board to proceed
with Annexation 168C, which would annex their properties to the District. He
stated that LAFCO has expressed interest in the annexation, which needs to be
originated by CCCSD.
Jim Hein of Alhambra Valley Road also spoke in support of Annexation 168-Cand
expressed frustration that his property has not yet been able to connect to the
sewer system while other nearby properties will be able to.
Mark Rolandelli, Whitfield Court, asked what the next steps should be. President
Nejedly asked Environmental Services Division Manager Curt Swanson to speak
with Mr. Rolandelli after the meeting.
Board Members expressed sympathy for the neighbors whose properties are
located outside of the Urban Limit Line and stressed that the District will be
working in concert with them and LAFCO to try to facilitate their connection to the
sanitary sewer system. They confirmed their commitment to work to move the
process along as quickly as possible.
2) Report on Water Environment Federation Annual Technical Exhibition and
Conference (wEFTEC)
General Manager James Kelly stated that WEFTEC is the largest wastewater
conference in the United States and attracted over 19,900 attendees. The
conference offered presentations on key technical and regulatory issues, as well
as a large exhibition of equipment by water and wastewater vendors.
Director of Plant Operations Doug Craig presented information on technical and
regulatory trends in the industry. He stated that the top five water quality
challenges were identified as (1) upgrading and maintaining infrastructure; (2)
water scarcity and reuse; (3) diffuse sources of pollution; (4) having enough
trained water professionals; (5) emerging contaminants. Some industry trends
include nutrient removal and advanced treatment; sustainability and energy
efficiency; membrane technologies; Geographical Information System (GIS) and
asset management; and water reuse.
Book 57 - Page 35
Board Minutes of November 15, 2007
Associate Engineer Craig Mizutani presented an overview of the vendor exhibition
and the benefits derived by staff. There were over 1,000 vendors in a 267,000
square foot exhibit hall. Staff obtained information on new technologies and
products.
Member Lucey asked that the Board be notified if staff utilizes any of the new
products displayed at the exhibition.
3) Report on Mercury Watershed Permit
General Manager James Kelly stated that, as noted at the Board meeting on
November 1, 2007, the Regional Water Quality Control Board approved the
Mercury Watershed Permit by a 6-0 vote.
Director of Plant Operations Doug Craig attended the Regional Board hearing and
discussed the details of the hearing and the consequences of the new watershed
permit. He stated that the Environmental Protection Agency (EPA) expressed
support for the permit and Bay Area Clean Water Agencies (BACWA) and
Western States Petroleum Association (WSPA) recommended approval.
The current mercury limits are 87 ppt average monthly, and 1,000 ppt peak daily.
The mercury watershed permit concentration limits are 66 ppt average monthly,
and 72 ppt average weekly. Mass limits are 2.23 kg/year average annual, 1.8
kg/year (in 10 years), 1.3 kg/year (in 20 years). Mass conversion is 35 ppt annual.
Schedule for implementation includes a 90-day review by the Office of
Administrative Law, and a 90-day review by the EPA, so the permit should be
effective by early to mid 2008.
The consequences of the watershed permit include the final mercury limit in the
current permit (18 ppt) will no longer be applicable. It is expected that mercury
limits will be lowered even further in 10 and 20 years, and air regulations are
scheduled to be reviewed and possibly revised in 2009/10.
He concluded his presentation, stating that compliance is likely but not
guaranteed. There is some near-term "breathing room" but challenges still remain,
and staff must continue to look at options to reduce mercury in the plant's influent
and how to reduce recycle mercury in the furnace scrubber recycle stream.
4) Flood Control Proiect Update
General Manager James Kelly reported that the Flood Control District has
substantially completed work on their 2007 Lower Walnut Creek Emergency
Interim Protection Measures project just in time for the wet-weather season. This
project desilted the creek and the raised levees along Walnut and Grayson
Creeks, which will protect the Treatment Plant from 1 DO-year flood.
Book 57 - Page 36
Board Minutes of November 15, 2007
Senior Engineer Ba Than provided an update on the project. He gave the
background of the project, and stated that the project is now basically complete.
Sediment along Walnut Creek has been removed and the western section of levy
road has been raised also. The project will give CCCSD 1 OO-year flood protection
with 1 foot offreeboard.
Mr. Than stated that 10,000 cubic yards (cy) of sediment was disposed of at
Railroad Spur, and 30,000 cy of sediment was disposed of at the PG&E corridor.
Four thousand cubic yards of material has been borrowed from the Kiewit parcel.
The contractor will replace the fence and complete hydroseeding. Mr. Than
thanked the Board for their support of the project.
5) General Manager James Kelly announced advertisement of the Treatment
Plant Site Improvements, DP 7251. This project will improve the access,
safety, and maintenance of 17 areas at the Treatment Plant Site and at the
Martinez Pumping Station. The project will include plant site drainage
modifications to meet current stormwater codes; replacement of fencing to
prevent access to District facilities; pavement repair; sealing and striping;
handicap access modifications; landscape improvements; and addition of
permeable paving - a new trend in stormwater management. The project
will be advertised in December 2007 and bids will be opened in January
2008. The construction cost is currently estimated at $1,800,000. Further
information will be presented when Board approval of the construction
contract is requested.
6) General Manager James Kelly announced that, on Saturday, November 17,
2007, at 9:00 a.m., six District vehicles will be sold at auction by First
Capitol Auction. The auction site is 50 Solano Avenue in Vallejo. The
vehicles can be inspected on Friday, November 16 from 9 a.m. to 4 p.m.
7) General Manager James Kelly announced that the Emergency Radio
System Improvement, DP 8222, was established to either improve the
District's current emergency radio system or replace it with another. The
District's current emergency radio system is a low-band technology. This
system has historically provided inadequate coverage of the service area,
and manufacturers no longer support this technology. Staff has conferred
with Contra Costa County and other agencies that are working to develop a
regional radio system and have found that such a solution is at least three
to five years away. County Telecommunications has entered into an
agreement with Fisher Wireless to provide radios and UHF service until a
regional radio system is available. The system has been tested within the
District's service area with excellent results and staff is working with the
County to purchase radios and service under their agreement so as to
provide emergency radio service for the District until a regional system is
available.
Book 57 - Page 37
Board Minutes of November 15, 2007
8) General Manager James Kelly announced that the Purchasing Division will
send out requests for quotations on Wednesday, Nov. 21,2007 for the
painting and carpeting of the Headquarters Office Building. Due to the
upcoming holiday season and the ten-week lead-time for the carpet tiles, it
is projected that work will begin April 1, 2008 and continue for several
months. The work will be performed at night and on weekends in order to
minimize the disruption to District operation.
9) General Manager James Kelly announced at the June 7, 2007 Board
Meeting that a new technology known as "Expanda RibLoc pipe liner" will
be demonstrated as part of the North Orinda Sewer Renovation, DP 5963,
Phase 3. This new technology installs a spiral liner in the existing pipe
using manholes as insertion points. This process does not require digging
and/or bypass pumping, and is quicker and less disruptive to the
public/traffic. The location of the demonstration project is in downtown
Orinda in front of the fire station and next to the library.
Several Board Members expressed interest in visiting the site when the
demonstration begins. The contractor has tentatively scheduled the work
for the week of December 3, 2007. Senior Engineer Andrew Antkowiak will
make arrangements for site visits.
Mr. Kelly provided an update to the written announcement, stating that the
delivery of the RibLoc pipe has been delayed and the current schedule for
pipe delivery is December 14, 2007. The installation will not take place until
late December 2007 or January 2008. Staff will advise the Board of the
actual installation date as soon as the contractor confirms a date.
Items 5-9 were provided as written announcements.
10) General Manager James Kelly announced that, with regard to the Strategic
Planning Workshop follow-up, the consultant's report will be distributed
early next week. Staff will discuss how to follow up and will report back at a
December Board meeting.
11) General Manager James Kelly announced that he will be meeting with the
Kaiser Permanente COO for the Walnut Creek facility on November 16,
2007, to discuss the recent overflow at the Kaiser facility in Walnut Creek.
b. COUNSEL FOR THE DISTRICT
No reports.
c. SECRETARY OF THE DISTRICT
No reports.
Book 57 - Page 38
Board Minutes of November 15, 2007
d. BOARD MEMBERS
1) Member McGill reported on the November 13, 2007 Budget and Finance
Committee Meeting. The Committee did not convene due to lack of a
quorum, but Member McGill attended the meeting. He summarized the
Action Summary. The Board received the report without comments.
2) Member Hockett reported on the November 6 and 7, 2007 California
Association of Sanitation Agencies (CASA) Strategic Planning Workshop
and Executive Board Meetings.
3) Member Lucey reported on the November 8,2007 Human Resources
Committee Meeting and summarized the Action Summary. He stated that
he did not recommend approval of the additional position in Environmental
Services, although Member Menesini did. The matter will be brought to the
Board for action at a later date.
4) Member Hockett reported on the November 8,2007 Sanitation and Water
Agencies of Contra Costa County Meeting.
5) Member Hockett reported on the November 9, 2007 Household Hazardous
Waste Committee Meeting. The Committee did not convene due to lack of
a quorum, but Member Hockett attended the meeting. She summarized the
Action Summary. The Board received the report and concurred with
proposed letter to be sent inviting interest in mobile household hazardous
waste collection events.
6) Member McGill reported on the November 13, 2007 Recycled Water
Committee Meeting and summarized the Action Summary. The Board
received the report without comments.
7) Member Hockett reported on the November 14, 2007 Capital Projects
Committee Meeting and summarized the Action Summary. Member McGill
stated that the Committee is requesting direction from the Board regarding
when program and project levels should be brought to them and in what
detail for consideration, and how much the Board would like to rely upon
the Committee's oversight.
Member Lucey stated that the Board would need to consider the matter
further.
8) Reports on miscellaneous business meetings attended by Board Members.
Member McGill reported on attendance at the Mayors' Conference, the
Contra Costa Council Meeting, and the Contra Costa Council Land Use
Task Force.
Book 57 - Page 39
Board Minutes of November 15, 2007
9) Consideration of Outreach Committee recommendation regarding Board
photograph to be place on District website.
General Manager James Kelly stated that the Outreach Committee
previously reviewed whether or not Board Members photos should be
placed on the District's website, and requested Board input.
Member Lucey stated that, in his opinion, it is a legal loophole and he does
not support placing any photographs on the website.
Member Hockett and President Nejedly concurred and stated they did not
wish to have their photographs on the website.
6. ADMINISTRATIVE
a. CONSIDER EXTENSION OF CONTRACT FOR LEGAL SERVICES WITH
KENTON L. ALM AND MEYERS, NAVE, RIBACK. SILVER & WILSON FOR THE
PERIOD FROM OCTOBER 1. 2007 THROUGH SEPTEMBER 30. 2009
District Counsel Kent Aim announced that he had a conflict of interest with this item and
left the Board Room.
It was moved by President Nejedly and seconded by Member Hockett to approve the
extension of the contract for Legal Services with Kenton L. Aim and Meyers, Nave,
Riback, Silver & Wilson for the period from October 1, 2007 through September 30, 2009.
Motion passed by the following vote of the Board:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Hockett, Lucey, McGill, Nejedly
None
Menesini
District Counsel Kent Aim re-entered the Board Room and returned to his seat.
7. ENGINEERING
a. CONSIDER SUSPENDING ISSUING PERMITS FOR YOUTH AND CHARITY
CAR WASHES TO DISCHARGE TO THE DISTRICT'S COLLECTION SYSTEM
General Manager James Kelly stated that, at the last meeting, the Board requested a
Position Paper be placed on today's agenda to suspend issuing permits for charity and
non-profit car washes on an interim basis. Staff will be preparing a white paper to
address this issue more thoroughly in the near future.
It was moved by Member Lucey and seconded by Member McGill to direct staff to
temporarily suspend issuing permits for charity and youth car wash fund raising events
pending further study. Motion passed by the following vote of the Board:
Book 57 - Page 40
Board Minutes of November 15, 2007
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Hockett, Lucey, McGill, Nejedly
None
Menesini
8. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None.
9. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS
None.
10. CLOSED SESSION
The Board recessed at 3: 11 p.m. to reconvene in the Caucus Room in closed session to
confer with Legal Counsel on existing litigation pursuant to Section 54956.9(a) of the
Government Code - Daniel and Eileen Scanlon v. Kandi Kaufman, et al; Lorraine
Kaufman v. Daniel Scanlan, et al - cross-complaint - Court Case No. C06-01976.
The Board recessed at 3:29 p.m. to reconvene in the Board Room in open session.
11. REPORT OUT OF CLOSED SESSION
None.
12. ADJOURNMENT
There being no further business to come before the Board, President Nejedly adjourned
the meeting at 3:30 p.m.
~~~~
es A. Nejedly
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
6Rfu~
Elaine R. Boehme
Secretary of the Central Contra Costa
Sanitary District, County of Contra Costa,
State of California
Book 57 - Page 41