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HomeMy WebLinkAboutBOARD MINUTES 02-18-99 31 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON FEBRUARY 18, 1999 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on February 18, 1999. President Lucey called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Nejedly, Menesini, Hockett, Boneysteele, Lucey ABSENT: Members: None 2. PUBLIC COMMENTS Mr. Robert Harms, Leisure Lane, Walnut Creek, addressed the Board concerning a tree designated for removal to accommodate a sanitary sewer access structure. Mr. Harms stated that if the area were undeveloped land, removal of the tree would probably not be allowed. Mr. Harms stated that other Rossmoor residents are also concerned about removal of the tree but are unable to get out to attend this meeting. Mr. Harms requested that the Board consider alternatives for rerouting the sewer and saving the tree; and when future situations occur, that consideration be given to landscaping when relocation of sanitary sewer access structures is necessary. Member Boneysteele stated that he read the letter concerning the tree in the Rossmoor News and was contacted by Mr. Harms. Member Boneysteele stated that he looked at the tree. Member Boneysteele described the tree and the location, indicating that the pine tree was probably planted when the unit was constructed about 30 years ago. Mr. Robert L. Anderson, Leisure Lane, Walnut Creek, described the tree and surrounding area. Mr. Anderson stated that he has been through the process of trying to save the tree, talking to Rossmoor and Mutual 2 representatives. Mr. Anderson stated that he did not get a very satisfactory outcome. Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that when Rossmoor was built, Terra California built the sewer system with undersized pipe and did not use what the District would consider to be acceptable design standards for construction of the pipelines. UDC and Golden Rain Foundation were interested in getting rid of this nagging maintenance problem. Ultimately, it will be a ten-year project for the District to take over these lines. The District will bring the pipe lines up to acceptable maintenance standards. The big question was who would pay those costs. It was decided that a portion of the connection fees on new UDC developments and a portion of the annual Sewer Service Charge of all residents of Rossmoor would be dedicated to pay for this work. The District has enjoyed a good working relationship with Rossmoor and the community and staff wants to strengthen that relationship in any way possible. Mr. Dolan introduced Mr. Jay S. McCoy, Environmental Services Division Manager, who stated that District staff has been working on the Rossmoor Project for five years now. This year the District finds itself in an area that has a number of trees that pose difficult situations for putting in new facilities. Mr. McCoy stated that he and two other District staff members, met with representatives of CB Commercial, Golden Rain Foundation, and the Rossmoor Mutual and walked the entire area where manholes are to be installed. The District looked at relocation and alternative routes for sewerage, trying to decrease the number of trees that had to be removed. The remaining trees that must be removed are either right where the manhole must go or so close that construction will damage the tree and create a liability issue. Mr. McCoy showed slides of the tree in question and described the locations of the three sewers in the area. Mr. McCoy stated that the whole 02 18 99 32 premise is to build access structures (manholes) where the sewers are, but in this particular case an effort was made to relocate the structure in another area; however, it was concluded that there was no viable route given the configuration of the pipes. The conclusion was reached that this tree had to be removed. When the area was walked with the Rossmoor and Golden Rain Foundation representatives, they indicated that the closeness of the tree to the building created some problems from their perspective. It was also noted that the tree is older and past its prime. The tree roots have grown into the sewer pipe in this area and caused overflows in the past. Based on the input received and the factual information, it was concluded that this tree must be removed. Golden Rain Foundation and CB Commercial have taken on the task of notifying the neighbors and processing the permit through the City of Walnut Creek to remove the tree and then bring in a service to take down the tree. Discussion followed with regard to alternatives considered and the conclusion that it is not possible to relocate the sewer, the Walnut Creek permit process, the life span of the tree, replacement with another size tree in another location, and Rossmoor liability should the work not be done and future overflows occur. Mr. Dolan noted that two alternatives are available. The tree can be removed and the necessary work can be done to upgrade the sewer, or the community can decide to keep the sewer and not do the work and not remove the tree. If the work is not done, there could be more overflows, but that is a decision the community can make. The District could concentrate its work in other areas of Rossmoor. Mr. Dolan stated that he has asked District staff not to move this project forward until a response is received from Rossmoor. Member Boneysteele requested that a conference be scheduled for all the parties to meet to discuss the issues to reach an understanding of what is possible and what is not possible. Mr. Anderson agreed that would be acceptable. 3. AWARDS AND COMMENDATIONS a. RECEIVE CALIFORNIA WATER ENVIRONMENT ASSOCIATION. SAN FRANCISCO BAY SECTION ANNUAL AWARDS FOR 1998 AWARD NOMINEE . ENGINEERING RESEARCH ACHIEVEMENT - ODOR CONTROL ASSESSMENT AWARD RECIPIENTS . ENGINEERING ACHIEVEMENT - SOUTH ORINDA SEWER IMPROVEMENTS PROJECT. PHASE I . PUBLIC EDUCATION - EAST BAY MUNICIPAL UTILITY DISTRICT/CENTRAL CONTRA COSTA SANITARY DISTRICT LAMORINDA RECYCLED WATER PROJECT Mr. Dolan, General Manager-Chief Engineer, stated that he attended the California Water Environment Association Bay Section meeting at which these awards were presented. The Odor Control Assessment Project, Project Manager Randy Schmidt, was nominated for the Engineering Research Achievement Award. In addition, the District received two awards, the Public Education Award for the East Bay Municipal Utility District/Central Contra Costa Sanitary District Lamorinda Recycled Water Project and the Engineering Achievement Award for the South Orinda Sewer Improvements Project, Phase 1. Mr. Dolan stated that the Engineering Achievement Award is given to the engineering project that applies new technologies in cost effective and beneficial ways. The South Orinda Sewer Improvements Project, Phase 1, is an example of how microtunneling can be used to mitigate construction impacts. Mr. Dolan introduced Mr. Tad Pilecki, Senior Engineer, who introduced the project team, Engineering Technician III Pat Camorongan, Land Surveyor Liz Charlton, Survey Party Chief Jim Ruetenik, Engineering Assistant Rick 02 18 99 33 Hernandez, Assistant Engineer Michael Penny, Assistant Engineer Chuck Canepa, Senior Engineer Henry Thom, Environmental Services Division Manager Jay McCoy, Capital Projects Division Manager Bill Brennan, and Secretary III Virginia Harris. Mr. Pilecki presented the Engineering Achievement Award to the Board, stating that it is not often that underground projects get an opportunity for recognition such as this. Mr. Dolan stated that the Public Education Award was given for substantial effort to respond to and effectively address the concerns of local residents over their health and environmental concerns associated with the use of recycled water. The Lamorinda Recycled Water Project outreach program combined the effective use of formal presentations, poster boards, project maps, recycled water samples, and facility tours. Ms. Lynne Putnam, Senior Engineer, presented the Public Education Award and thanked the Board for their support on the project and their support and presence at public meetings. President Lucey thanked and commended staff for the excellent jobs they have done. 4. CONSENT CALENDAR Following discussion of proposed development on the Corrie property, it was moved by Member Menesini and seconded by Member Hockett, that the Consent Calendar, consisting of Items a. through g., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 99-019 accepting work and Offers of Dedication from Robert M. Duchi, Job 5187, Parcel 2, Serafix Road, Alamo area, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: Menesini, Hockett, Nejedly, Boneysteele, Lucey NOES: Members: None ABSENT: Members: None b. Resolution No. 99-020 accepting work and Offers of Dedication from Sidney Corrie, Jr., et ai, Job 5217, Parcel 3, Subdivision 7452, Alamo springs Drive at Highway 680, Alamo area, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Hockett, Nejedly, Boneysteele, Lucey None None c. Resolution No. 99-021 accepting work and Offers of Dedication from Philip J. Worrall, Trustee, Job 5341, Parcel 1, Cedar Lane at Danville Boulevard, Alamo area, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Hockett, Nejedly, Boneysteele, Lucey None None 02 18 99 34 d. Resolution No. 99-022 accepting work and Offers of Dedication from Michael D. Williams, et ai, Job 5341, Parcel 2, Cedar Lane at Danville Boulevard, Alamo area, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Hockett, Nejedly, Boneysteele, Lucey None None e. Grant of Easement from Contra Costa County, Job 5189, Parcel 1, was approved, the President of the Board and the Secretary of the District were authorized to execute and record said Grant of Easement, and Resolution No. 99-023 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Hockett, Nejedly, Boneysteele, Lucey None None f. The Board was advised of the close out of nine capital improvement projects with a net underrun of $187,442. This item was presented for the Board's information. No action was taken. g. The Board was advised of the change in Treasurer of Public Employees Union, Local One. This item was presented for the Board's information. No action was taken. 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Dolan, General Manager-Chief Engineer, requested that Item 12.a., Budget and Finance, be considered out of order in conjunction with Engineer's Report Item 6.a.2) Schedule of Budget Process. The Board concurred. a. 2) 02 6. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, introduced Mr. James M. Kelly, Director of Plant Operations, who provided an update on the Standby Diesel Power Generator. Mr. Kelly stated that the report from Advanced Engineering was received this afternoon. Staff will review the report and come back to the Board at a future meeting with the findings. The re- manufactured engine will be shipped tomorrow and should arrive in about one week. It is estimated that it will be two more weeks before it is installed and operational. The engine weighs approximately six tons and fits on a standard truck. By the first or second week of March, work should be completed. The new engine was manufactured in the 1992-1993 time frame. Mr. Kelly stated that he does not know why the engine was re- manufactured, but he believes the District is getting a good engine with a good warranty. Mr. Dolan, General Manager-Chief Engineer, stated that as discussed with the Board previously, the Board's rate-setting decision must be made prior to completion of the annual budget process. This decision is now being integrated into the mid-year review of the budget and financial statements. 18 99 35 At this time, it would be appropriate to move forward Item 12.a., Budget and Finance. 12. BUDGET AND FINANCE a. RECEIVE THE 1998-1 999 OPERATIONS AND MAINTENANCE BUDGET REVIEW FOR THE SIX MONTHS ENDED DECEMBER 31. 1998 AND ESTABLISH THE SEWER SERVICE CHARGE RATE FOR FISCAL YEAR 1999-2000 TO CONTINUE AT THE CURRENT RATE OF $188 AS ORDAINED IN ORDINANCE NO. 200 ADOPTED BY THE BOARD ON JUNE 5. 1997 Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance for the six months ended December 1998, reporting that revenues of $17,331,000 were $1,090,000 greater than budget, representing a 6.7 percent favorable variance. For the six months ended December 1998, actual expenditures of $14,838,000 were $823,000 less than budget, representing a 5.3 percent favorable variance. For the six months ended December 1998, revenues over expenditures were $2,493,000 compared to budget of $579,000, for a favorable variance of $1,900,000. At June 1999, it is projected that revenues will be $31,063,000 compared to budget of $31,168,000, or virtually on budget; and it is projected that expenses will be $31,896,000 compared to budget of $32,827,000, or $930,000 below budget. At June 30, 1999 revenues over expenditures results in a projected deficit of $832,000 compared to a budgeted deficit of $1,600,000, resulting in a projected Running Expense Fund balance of $6.4 million at of June 30, 1999. Ms. Ratcliff reviewed the major issues relating to setting the Sewer Service Charge rate for 1999-2000 as set forth in the position paper including increased retirement costs due to the Supreme Court decision in the Ventura Case and increased medical costs offset by savings in interest expense due to refinancing the District's Certificates of Participation. Ms. Ratcliff stated that based on the above and the departmental reviews of projected costs for the coming fiscal year, it has been concluded that there is adequate reserve of $6.4 million that would cover any additional costs next year and the current $188 Sewer Service Charge rate would be adequate to cover costs next fiscal year as well. Ms. Ratcliff reviewed Sewer Service Charges rates of neighboring agencies, ranging from a high of $377 at East Bay Municipal Utility District to a low of $109 at West County Wastewater District. Ms. Ratcliff reviewed the schedule for adoption of the Operations and Maintenance (O&M) Budget by the Board of Directors which calls for Board guidance on Sewer Service Charge policy consideration at this meeting, and Board input and direction on modification of existing programs or addition of new programs at the March 4, 1999 Board Meeting. March 18, 1999 is the last date for Board decision to consider increasing the Sewer Service Charge. Following discussion, it was the consensus of the Board of Directors that the current Sewer Service Charge of $188 continue for the 1999-2000 fiscal year. At this time, President Lucey reverted to the order of the agenda. 6. REPORTS b. COUNSEL FOR THE DISTRICT None c. SECRETARY OF THE DISTRICT None 02 18 99 36 d. BOARD OF DIRECTORS 1 ) Member Menesini announced that Mr. Chris Wills, of the California Division of Mines and Geology, will discuss Geology and Geologic Hazards of the Martinez Area at the Environmental Alliance Discussion Series on February 22, 1999 at noon at the John Muir Home. 2) Member Menesini announced that the San Francisco Estuary Institute Regional Monitoring Program for Trace Substances Annual Meeting will be held on February 19, 1999. The District's Integrated Pest Management (lPM) Program is being considered for an award from the Friends of the San Francisco Bay Estuary. 7. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH MONTGOMERY WATSON FOR PROFESSIONAL ENGINEERING DESIGN SERVICES FOR THE OUTFALL IMPROVEMENTS PROJECT. PHASE 4. DP 11M Mr. Dolan, General Manager-Chief Engineer, stated that a detailed presentation on this project was made at the last Board Meeting. Staff is prepared to answer any questions the Board may have. It was moved by Member Hockett and seconded by Member Menesini, that the General Manager-Chief Engineer be authorized to execute a professional engineering design services agreement with a cost ceiling of $260,000 with Montgomery Watson for the Outfall Improvements Project, Phàse 4, DP 7184. There being no objection, the motion was unanimously approved. 8. TREATMENT PLANT a. BOARD ACCEPTANCE OF THE 1998 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM. COLLECTION SYSTEM OVERFLOW MONITORING PROGRAM. AND THE RECYCLED WATER QUALITY AND DISTRIBUTION REPORTS Mr. Dolan, General Manager-Chief Engineer, introduced Mr. James M. Kelly, Director of Plant Operations, who stated that the National Pollutant Discharge Elimination System (NPDES), Collection System Overflow Monitoring Program, and Recycled Water Quality and Distribution Reports are the District's report card with regard to water quality each year, both to the District Board of Directors and the Regional Water Quality Control Board. Mr. Kelly stated that in 1986, the District had approximately 50 overflows. In 1998, the number of overflows was less than ten. The number of overflows is directly related to getting water through the Treatment Plant. Several projects have been done in recent years to improve that. 1998 was a wet year, very similar to 1986. In 1986, 406 million gallons were discharged into the ponds, and in 1998 only 40 million gallons were discharged into the ponds. In 1998, the District conducted more than 2,000 analyses. The Treatment Plant met all permit requirements with the exception of one effluent acute toxicity violation, one effluent mercury concentration violation, and one receiving water exceedance. Mr. Kelly reviewed the District permit compliance history which has significantly improved over the past seven years. Mr. Kelly stated that this improved compliance is due in large part to capital projects approved by the Board. It was moved by Member Menesini and seconded by Member Nejedly, that the 1998 National Pollutant Discharge Elimination System, Collection System Overflow Monitoring Program, and Recycled Water Quality and Distribution Reports be accepted. There being no objection, the motion was unanimously approved. Mr. Dolan stated that Mr. John Larson, Director of Collection System Operations, is currently in Denver, Colorado, attending a training session for QualServe, a water and wastewater industry self assessment and peer review program. Collection system operations benchmarking results indicate the average overflows of other benchmarking 02 18 99 37 agencies was 895 overflows per year per 1 ,000 miles of collection system. The District's average was 140 overflows for approximately 1,400 miles of collection system, with ten of those being reportable overflows. 9. HUMAN RESOURCES a. CREATE AND ADD THE POSITION OF SAFETY AND RISK MANAGEMENT SPECIALIST (S-75 $4.871-$5.897/MONTH). DELETE THE POSITION OF SAFETY AND LOSS CONTROL SPECIALIST (S-75 $4.871-$5.897/MONTHL ADOPT THE RESOLUTION ADDING THE JOB CLASSIFICATION TO THE MANAGEMENT SUPPORT/CONFIDENTIAL GROUP BARGAINING UNIT. ADOPT THE JOB CLASS DESCRIPTION OF SAFETY AND RISK MANAGEMENT SPECIALIST AND AUTHORIZE THE FILLING OF THE POSITION Mr. Dolan, General Manager-Chief Engineer, stated that this was reviewed with the Board Personnel Committee. The Personnel Committee requested an update on the Safety and Risk Management Program. Mr. David Clovis, Safety and Risk Manager, provided an overview at a recent Board Meeting and now requests Board consideration of this request for modification of class description and filling the vacant position. It was moved by Member Hockett and seconded by Member Nejedly, that the position of Safety and Risk Management Specialist (S- 75 $4,871-$5,897/month) be created and added; that the position of Safety and Loss Control Special (S-75 $4,871-$5,897/month) be deleted; that the class description of Safety and Risk Management Specialist be adopted; that Resolution No. 99-024 modifying the Management Support/Confidential Group (MS/CG) be adopted; and that filling the vacant Safety and Risk Management Specialist position be authorized to allow for training by the current Operations Support Supervisor prior to her pending retirement. There being no objection, the motion was unanimously approved. b. AUTHORIZE GENERAL MANAGER TO FILL VACANT POSITIONS Mr. Dolan, General Manager-Chief Engineer, stated that this matter was discussed at the last Board Meeting and historical background was presented at that time. The Board provided input and requested that a position paper be prepared for Board consideration. Following discussion in which staff was requested to advise the Board of the status of recruiting to fill vacant positions in the monthly Personnel Report, it was moved by Member Hockett and seconded by Member Menesini, that the General Manager be authorized to direct staff to recruit for vacant positions as he determines necessary for the operations of the District and to direct staff to notify the Board on a regular basis of the recruitment for vacant positions. The motion was approved with President Lucey voting no. 10. LEGAL/LITIGATION a. ADOPT A REVISED RESOLUTION GRANTING SETTLEMENT AUTHORITY TO THE GENERAL MANAGER PURSUANT TO GOVERNMENT CODE SECTION 935.4 FOR THE PURPOSE OF THE COMPROMISE AND SETTLEMENT OF CLAIMS AGAINST THE DISTRICT Mr. Dolan, General Manager-Chief Engineer, stated that President Lucey asked why staff proposes that only $25,000 settlement authority be delegated when the law would allow delegation of up to $50,000 settlement authority. Mr. Dolan stated that staff reviewed the District files and found that most claims are under the $25,000 range. Staff believes that there may be some benefit in returning to the Board for additional authority above that level. Staff would recommend that settlement authority be set at $25,000. It was moved by Member Hockett and Member Nejedly, that Resolution No. 99-025 be adopted, granting claims settlement authority pursuant to Government Code Section 935.4 to the General Manager in the amount of $25,000. There being no objection, the motion was unanimously approved. 02 18 99 38 11. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED FEBRUARY 18. 1999 Member Boneysteele, Chair of the Budget and Finance Committee, that he and President Lucey reviewed the expenditures and found them to be satisfactory. It was moved by Member Boneysteele and seconded by President Lucey, that the Expenditure List dated February 18, 1999, including Self-Insurance Check Nos. 101518- 101521, Running Expense Check Nos. 115854-116275, Sewer Construction Check Nos. 20752-20835, Manual Payroll Check Nos. 48505-48519, and Regular Payroll Check Nos. 49837-49909, be approved as recommended. There being no objection, the motion was unanimously approved. 12. BUDGET AND FINANCE a. RECEIVE THE 1 998-1999 OPERATIONS AND MAINTENANCE BUDGET REVIEW FOR THE SIX MONTHS ENDED DECEMBER 31. 1 998 AND ESTABLISH THE SEWER SERVICE CHARGE RATE FOR FISCAL YEAR 1999-2000 TO CONTINUE AT THE CURRENT RATE OF $188 AS ORDAINED IN ORDINANCE NO. 200 ADOPTED BY THE BOARD ON JUNE 5. 1 997 This item was taken out of order earlier in the agenda. b. RECEIVE DECEMBER 1 998 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reported that the District's temporary investments were held in Treasury bills and Treasury notes and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 4.65 percent to 6.5 percent. The latest interest rate at September 1998 was 4.6 percent. The average yield of the LAIF account was 5.5 percent. Ms. Ratcliff noted that the District is currently putting most investments in the LAIF account. Mr. John Mercurio, Management Analyst, presented the 1998-1999 Capital Improvement Budget (CIB) Mid Year Status Report. Mr. Mercurio stated that the report will take into account actual revenues and expenditures for the first two quarters and will provide a projection for the end of the fiscal year. Mr. Mercurio reviewed the major Treatment Plant Program projected expenditures, noting that the current year end projection is $4.1 million, which is $183,000 or 4.3 percent less than the CIB estimate. Mr. Mercurio stated that differences between current projection and CIB estimate are generally the result of shifts in expenditures between fiscal years and not usually changes in projected costs. Mr. Mercurio reviewed key project expenditures for the Collection System Program, noting that the current year end projection of $14.3 million is $650,000 or 4.3 percent less than the CIB estimate. CIB projected expenditures of $28.5 million plus debt retirement of $835,000 total $29,335,000, which is $345,000 or 1.2 percent less than the 1998- 1999 CIB estimate. CIB revenues are projected to be $20.6 million at year end, expenditures are projected to be $29.3 million, for projected net revenues of$8.7 million at year end. At July 1, 1998, the Sewer Construction Fund balance was $48,385,000 plus projected revenues of $20,625,000 less projected expenditures of $28,500,000 and less debt retirement of $835,000 for a projected Sewer Construction Fund balance at June 30, 1999 of $39,675,000. President Lucey declared that the December 1998 Financial Statements were duly received. 13. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 02 18 99 39 14. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS President Lucey commended staff on winning the Environmental Protection Agency National Pretreatment Excellence Award, stating that he and Member Boneysteele attended the celebration lunch. It was a great celebration and particularly nice to see the gathering of people from throughout the District. President Lucey stated that requests have been received for Board Members' names and telephone numbers. President Lucey requested that District Counsel research whether the District has an obligation to release Board Members' telephone numbers. 1 5. ADJOURNMENT There being no further business to come before the Board, President Lucey adjourned the meeting at the hour of 3:39 p.m. President of e Board of Dire ors, Central Contra Costa Sanitar District, County of Contra Costa, State of California COUNTERSIGNED: 02 18 99