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HomeMy WebLinkAboutBOARD MINUTES 03-04-99 40 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MARCH 4, 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 March 4, 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. Nick Grover, 40 Camino Del Diablo, Orinda, addressed the Board concerning a preliminary staff proposal to set a reimbursement period of 20 years for pre-1 988 rebate programs to coincide with the recently approved reimbursement fee program. Mr. Grover stated that he is opposed to that proposal. Mr. Grover stated that when he installed his sewer at a cost of $50,000, he was told that when any of the other ten houses connected he would receive a rebate. There is still $35,000 remaining to be collected and the proposal would limit the collection period to the year 2008. Mr. Grover stated that even though he understands that this is a preliminary staff proposal and has not come before the Board, he wishes to state his objection. Mr. Grover stated that if the staff proposal is approved, he would have to take legal action. Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that if the Board wouid let Mr. Jay S. McCoy, Environmental Services Division Manager, and the Engineering Department work on this matter, staff will come back with a position paper if that seems appropriate. Mr. McCoy has contacted 144 installers with outstanding rebates that put lines in before 1998. To date 24 telephone responses and two letters have been received. Of those, six people have raised serious objections. Many of the people have died or are no longer in the area. Staff must find some way to deal with this growing list of rebates that could go on for 50 or more years. President Lucey stated that under the Brown Act the Board is prohibited from making decisions on matters not on the agenda. If this matter is calendared for Board consideration in the future, the District will notify Mr. Grover. In response to a question from Member Hockett, Mr. Kenton L. Aim, Counsel for the District stated that since 1955 the District has had a number .of ordinances that dealt with the issue of when someone puts in a line they can be paid back for a portion of the costs for installing the line. Over the years there have been differing standards and time lines for repayment ranging from ten years to greater. President Lucey thanked Mr. Grover for his comments and indicated that he would be notified if this matter comes before the Board for consideration. 3. CONSENT CALENDAR Following discussion of Proposed Annexation 99-4, it was moved by Member Menesini and seconded by Member Hockett, that the Consent Calendar consisting of Items a. through e., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 03 04 99 41 Resolution No. 99-026 accepting work and Offers of Dedication from Damé Construction Company, Job 5201, Parcel 1, Subdivision 7279, Green Meadow Drive, Danville area, was adopted and recording was authorized. a. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: b. Menesini, Hockett, Nejedly, Boneysteele, Lucey None None Authorization was given for P.A. 99-4 (Walnut Creek), P.A. 99-5 (Orinda), P.A. 99-6 (Alamo), and P.A. 99-7 (Alamo) to be included in a future formal annexation to the District. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Hockett, Nejedly, Boneysteele, Lucey None None The contract work for the construction of the Sludge Blending Tank Overflow Drain Realignment Project, DP 6123, was accepted and filing of the Notice of Completion was authorized. c. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: d. Menesini, Hockett, Nejedly, Boneysteele, Lucey None None The contract work for the Lime Injection System Improvements Project, DP 7169, was accepted and filing of the Notice of Completion was authorized. Motion unanimously approved on the following vote: AYES: Members: Menesini, Hockett, Nejedly, Boneysteele, Lucey NOES: Members: None ABSENT: Members: None The attendance of Ms. Thea Vassallo, Accountant, and Mr. Mark Greenawalt, Management Information System Administrator, was authorized at the May 2-6, 1999 HTE Annual Users Group Meeting in Chicago, Illinois, at a cost of $3,800. e. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Hockett, Nejedly, Boneysteele, Lucey None None 03 90 Ç.}J .- 4- o¿ 42 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER President Lucey requested that the announcement concerning pending legislation which would impact the District be taken out of order at this time. There being no objection, President Lucey announced that he received a telephone call yesterday from Assembly Member Tom Torlakson. Assembly Member Torlakson has introduced Assembly Bill 1549 which would mandate ward elections for the District Board of Directors rather than the current at-large election process. Based on the fact that District knowledge of the introduction of Assembly Bill 1 549 came after the posting of the agenda, because of the significant impact Assembly Bill 1549 could have on the District, and because of the urgency to address this issue prior to the next Board Meeting, it was moved by Member Hockett and seconded by Member Menesini, that consideration of Assembly Bill 1549 be added to the agenda. There being no objection, the motion was unanimously approved. President Lucey stated that he received a courtesy call from Assembly Member Torlakson indicating that he had already entered the bill. His alleged reason for entering the bill was that the people were not getting adequate representation. In the discussion that followed, Board Members expressed concern that the move to ward elections would be counter productive to the interests of the District's customers as a whole. Following discussion, it was moved by Member Hockett and seconded by Member Menesini, that the Board is opposed to Assembly Bill 1549 and to ward elections as was indicated to Assembly Member Torlakson in meetings last year, and that staff be directed to schedule a meeting with Assembly Member Torlakson so the Board's position can again be communicated with him. There being no objection, the motion was unanimously approved. Mr. Dolan stated that a report will be scheduled on the next Board Meeting agenda. Mr. Dolan stated further that staff would be happy to provide support to any Board Members in setting up or attending meetings in this regard. 5. BIDS AND AWARDS a. AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO VISTA UNIVERSAL. INC.. AND AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO ALLOCATE $130.000 FROM THE TREATMENT PLANT CONTINGENCY ACCOUNT FOR THE TREATMENT PLANT LIGHT FIXTURE RETROFIT PROJECT. DP 6136 Following discussion of the adequacy of the lighting, it was moved by Member Nejedly and seconded by Member Menesini, that award of a construction contract be authorized to Vista Universal, Inc., the lowest responsible bidder in the amount of $110,262, and that the General Manager-Chief Engineer be authorized to allocate $130,000 from the Treatment Plant Contingency Account for the construction of the Treatment Plant Light Fixture Retrofit Project, DP 6136. There being no objection, the motion was unanimously approved. 6. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that at the last Board Meeting, staff presented a mid-year status report on expenditures, revenues, and projections for the coming year for evaluation of the adequacy of the Sewer Service Charge. The Board decided not to increase the present Sewer Service Charge of $188. At that time, the Board was asked to consider if they had any program changes in mind that would have a budgetary impact; and if so, to inform staff today so those changes could be factored into the 1999-2000 budget. No changes were proposed by the Board. OQ.;, ~ 04 9'.' CD (l)' 43 2) Mr. Dolan, General Manager-Chief Engineer, introduced Mr. William E. Brennan, Capital Projects Division Manager, who provided a status report on the Martinez Eastside Sewer Improvement Project. The project is a joint project with the City of Martinez. Mr. Brennan reported that the project includes the installation of 3,350 feet of 24-inch sewer by microtunneling and 13,700 feet of 8-inch and 15-inch sewer by open cut and directional drilling methods. The project also includes 99 manholes and 253 laterals. On February 25, 1999 the microtunneling work was completed. Nighttime open cut work in the downtown area is continuing. The remaining items of work include open cut, directional drilling, and extensive pavement improvements. The contractor is on or slightly ahead of schedule. Mr. Brennan stated that the Assistant Managing Editor of the Engineering News Record visited the project site last week and will be running a small article on the project in the near future. 3) Mr. Dolan, General Manager-Chief Engineer, stated that the District is in the process of preparing the 1999-2000 Capital Improvement Budget and Plan. Two major projects are not moving ahead at the pace anticipated earlier. The Dougherty Valley Tunnel and Trunk System is being slowed down by the project managers at Windemere Ranch Partners and the Lamorinda Recycled Water Project is slowing down as well. Mr. Dolan introduced Mr. Curt Swanson, Principal Engineer, who reported that the Dougherty Valley Project is a $15 million tunnel and trunk project to convey wastewater from the Dougherty Valley to the District. The District is doing the design and construction on the project under an agreement with the developers. Mr. Swanson stated as Mr. Dolan indicated, Windemere recently approached the District about slowing down the project because of legal problems relating to the water agreement for the development. A delay of a minimum of six months and more likely a year is expected, but it could be longer. Mr. Swanson stated that this is a situation that is still developing and more announcements are expected. Updates will be provided to the Board as information is available. At this point, Windemere has asked the District to bring design to a logical stopping point. Work will continue on acquisition of rights of way and bringing design to completion levels that would allow obtaining some of the permits eventually needed for the project. The estimated design cost is approximately $1 million. Work is at the $700,000 level. President Lucey stated that this is another job well done by the District. Members Boneysteele and Menesini made sure that the agreement required Windemere to pay for this work and front the money, so a delay at this point does not harm the District. Mr. Dolan introduced Ms. Lynne Putnam, Senior Engineer, who provided an update on the Lamorinda Recycled Water Project, a joint project with East Bay Municipal Utility District (EBMUD). Ms. Putnam reported that the Environmental Impact Report has been completed. EBMUD has initiated predesign efforts and delivery of water is expected by 2002. The negotiating team (Messrs. Richard Harris, Robert Gonzales, and Henry Tsang of EBMUD and Mr. Jim Coe and Ms. Lynne Putnam of CCCSD) has been working on the Principles of Agreement agreed to by the CCCSD and EBMUD Boards of Directors about two years ago. The goal of this effort is to negotiate an equitable cost-sharing agreement. Issues relating to the water supply agreement include financing of new facilities, cost sharing of existing facilities, transfer of the Shell Pipeline, and cost escalation impacting water supply negotiations. EBMUD is designing new facilities which they will operate. CCCSD is to design and construct the Taylor Boulevard pipeline. The original estimated cost of the project was $15 million. Ms. Putnam reported that EBMUD has negotiated a predesign contract with Kennedy-Jenks. The new cost estimate for the project is $20-$24 million. EBMUD is developing in-house level of service criteria. 03 04 99 44 03 Value engineering is needed to reduce the cost of the project. Key issues include the size and cost of the EBMUD project. Predesign must be completed before finalizing the water supply agreement and an approach must be developed for repayment of capital. Also, the project has changed somewhat as to anticipated customers. Gateway and Palos Colorados may move to Phase 1 and Rossmoor golf course irrigation may move to Phase 2 because of increasing costs. Ms. Putnam stated that next steps will include participation in predesign meetings with an eye to shaving costs, continued work on the water supply agreement, and a Board workshop prior to finalizing the agreement. Ms. Putnam stated that the next Board update is anticipated to be June 1999. President Lucey thanked Ms. Putnam for the update. 4) Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Paul Morsen, Director of Administration, who distributed language from the side letter to the Memorandum of Understanding (MOU) with Central Contra Costa Sanitary District Employees' Association, Public Employees' Local One (Union) dated June 26, 1997. The side letter provides that representatives of the District and the Union will meet and confer to set the parameters of a salary survey no later than April 1999. Mr. Morsen reviewed discussions with the Union during the 1 997 negotiations which call for a salary survey only, not a classification study; formation of a labor-management steering committee to set the parameters of and to direct the course of the study; and completion of the study prior to MOU negotiations with implementation of the study results being considered with other matters as part of the year 2000 negotiations. Mr. Morsen stated that in a series of informal meetings with the Union, the Union has voiced the following concerns. The Union would like its representatives on the labor-management steering committee to be the four union officers and the business agent, and wishes to reach a joint agreement on agencies to be used for comparison. The Union is concerned about how to handle those positions where no com parables are available, and those positions that may be paid higher than the average and wants to avoid downgrades. The Union wishes to know the Board's concerns and issues regarding the survey. Mr. Morsen requested Board direction with regard to the following pre-study issues: . Agencies to be surveyed? . Should benefits be included? . Should the survey include benchmark classifications only or all classifications? . Selection of a consultant? Mr. Morsen requested direction from the Board as to its intentions for study implementation when the District begins MOU negotiations. President Lucey indicated that benefits should not be included in the study. In the discussion that followed, the Board expressed concern about the Union's involvement in the Torlakson Assembly Bill 1549 which would mandate ward elections of the Members of the District Board of Directors. Further discussion of the salary survey was deferred pending further information and the outcome of AB 1549. 04 99 b. c. d. 45 5) Mr. Dolan, General Manager-Chief Engineer, announced that there will be a dinner meeting hosted by the District at which high school teachers will evaluate the District's High School Pollution Prevention Education Program that is being presented this year. The meeting is scheduled for Monday, March 29, 1999 from 4:00 p.m. to 7:00 p.m. at the District. If any Board Members wish to attend, please contact Community Affairs Manager Harriette Heibel. 6) Mr. Dolan, General Manager-Chief Engineer, announced that the Rossmoor tree issue has been resolved. A meeting was held and attended by the homeowners, District staff members, Board Member Boneysteele, and representatives from Golden Rain Foundation and the affected Mutuals. An arborist from the City of Walnut Creek had provided a negative evaluation of the health and long-term stability of the tree. The earlier decision to cut down the tree and construct the new manhole and short stretch of sewer was ratified by the group. The District will provide a large box size tree to replace the tree being removed. 7) Mr. Dolan, General Manager-Chief Engineer, announced that the format of the monthly Human Resources Report has been changed to add a section on positions approved to be filled by the General Manager. COUNSEL FOR THE DISTRICT None SECRETARY OF THE DISTRICT 1 ) Ms. Joyce E. Murphy, Secretary of the District, distributed the draft 1999- 2000 Equipment Budget for review by the Board of Directors. The Capital Projects Committee meeting for review of the draft Equipment Budget will be held on Friday, March 12, 1999 at 9:00 a.m. BOARD OF DIRECTORS 1 ) Member Hockett announced that she will be out of town and unable to attend the March 18, 1999 Board Meeting. 2) Member Menesini announced that the San Francisco Estuary Institute Regional Monitoring Program for Trace Substances' Annual Meeting was held on Friday, February 19, 1999 in Oakland. The meeting was well attended and quite informative. 7. ENGINEERING AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH ASSOCIATED RIGHT OF WAY SERVICES. INC.. FOR ACQUIRING AND PERFECTING CERTAIN PROPERTY RIGHTS FOR THE FUTURE A-LINE RELIEF INTERCEPTOR PROJECT. DP .8.lli a. Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Tad Pilecki, Senior Engineer, who stated that the position paper before the Board deals with some significant right-of- way issues relating to the A-Line Relief Interceptor and the Pleasant Hill Relief Interceptor. Mr. Pilecki showed a map and indicated that it is still necessary to acquire several key right-of-way parcels for these interceptors. Mr. Pilecki introduced Mr. Ricardo Hernandez, Engineering Assistant, who stated that in the 1980's the District and Contra Costa County acquired the right-of-way being abandoned by Southern Pacific. The District's portion of the cost was $5.6 million. Mr. Hernandez stated that the District has a contractual obligation to provide better easements when the legal descriptions became available. Those legal descriptions are now available. 03 04 99 46 That is the purpose of the proposed contract and the subject of the position paper. Mr. Hernandez reviewed the scope of work with regard to the right of way which will include reviewing existing documentation, preparing easement documents, coordinating survey work, and resolving issues with the County. With regard to the land survey, the scope of work will include reviewing existing maps and deeds, field locating existing facilities, writing legal descriptions, and preparing plats. Following discussion, it was moved by Member Nejedly and seconded by Member Menesini, that the General Manager-Chief Engineer be authorized to execute an agreement for professional consulting services with Associated Right of Way Services, Inc., with a cost ceiling of $254,000 for acquiring and perfecting property rights for the A-Line Relief Interceptor Project, DP 8156. There being no objection, the motion was unanimously approved. BREAK President Lucey declared a recess at the hour of 3:58 p.m., reconvening at the hour of 4:15 p.m., with all parties present as previously designated. CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT (CAD) FOR PROPERTIES ON FOREST LANE IN ALAMO FOR INSTALLATION OF SEWER IMPROVEMENTS: ADOPT RESOLUTIONS OF INTENTION TO CREATE FOREST LANE CAD NO. 99-1. FOR APPROVAL OF THE BOUNDARY. AND REQUESTING CONSENT OF CONTRA COSTA COUNTY FOR CCCSD TO CONDUCT PROCEEDINGS FOR THE CAD It was moved by Member Hockett and seconded by Member Nejedly, that formation of a Contractual Assessment District (CAD) consisting of five properties on Forest Lane in Alamo be authorized; that Resolution No. 99-027, a Resolution of Intention to create Forest Lane CAD No. 99-1 for the purpose of installing sewer improvements, be adopted; that Resolution No. 99-028 be adopted, approving the boundary of the assessment district; and that Resolution No. 99-029 be adopted, requesting consent from Contra Costa County for the CCCSD to conduct proceedings for Forest Lane CAD No. 99-1. The motion was approved on the following vote: b. AYES: Members: Hockett, Nejedly, Menesini, Boneysteele, Lucey NOES: Members: None ABSENT: Members: None 8. HUMAN RESOURCES a. ADOPT CLASS DESCRIPTION FOR GENERAL MANAGER: ADOPT RESOLUTION APPOINTING CHARLES W. BATTS. JR. TO THE POSITION OF GENERAL MANAGER. AT A SALARY OF $11.382/MONTH EFFECTIVE MARCH 31. 1999: AUTHORIZE EMPLOYMENT CONTRACT Member Boneysteele requested that the phrase lIact as Executive Director of the Central Contra Costa Sanitary District Facilities Financing Authority" be added to the list of essential duties in the class description for the position of General Manager. It was moved by Member Hockett and seconded by Member Boneysteele, that the class description for General Manager be adopted with the amendment noted above; that Resolution No. 99-030 be adopted, appointing Charles W. Batts, Jr. to the position of General Manager at a salary of $11 ,382/month, effective March 31, 1999; and that the Board President be authorized to sign the employment contract with Mr. Batts on behalf of the District Board of Directors. Motion unanimously approved on the following vote: 03 04 99 47 AYES: Members: Hockett, Boneysteele, Nejedly, Menesini, Lucey NOES: Members: None ABSENT: Members: None 9. APPROVAL OF MINUTES a. MINUTES OF FEBRUARY 4. 1999 It was moved by Member Boneysteele and seconded by Member Nejedly, that the minutes of February 4, 1999 be approved as presented. There being no objection, the motion was unanimously approved. 10. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED MARCH 4. 1999 Member Boneysteele, Chair of the Budget and Finance Committee, stated 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 March 4, 1999, including Self-Insurance Check Nos. 101522- 101523, Running Expense Check Nos. 116276-116503, and Sewer Construction Check Nos. 20836-20879, be approved as recommended. There being no objection, the motion was unanimously approved. 11. BUDGET AND FINANCE a. RECEIVE JANUARY 1 999 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance for the month of January 1999, noting that expenditures were $121,000 less than budget, representing a 4.3 percent favorable variance. Year to date expenditures were $944,000 less than budget, representing a 5.1 percent favorable variance. Year to date revenues of $17.4 million were $1.02 million greater than budget, representing a 6.2 percent favorable variance. Ms. Ratcliff 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 4.649 percent to 6.453 percent. The latest interest rate as of September 1998 was 4.649 percent. The average yield for the LAIF account through December 1998 was 5.374 percent. Ms. Ratcliff noted that the District is maximizing its use of the LAIF account. 12. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 13. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Hockett requested an update on the Lost Valley, Orinda situation. O~ .~ 04 99 48 14. ADJOURNMENT There being no further business to come before the Board, President Lucey adjourned the meeting at the hour of 4:20 p.m. COUNTERSIGNED: 03 0"4", . . g.; O,.i v President of Board of Dire ors, Central Contra Costa Sanitary District, County of Contra Costa, State of California