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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