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HomeMy WebLinkAboutBOARD MINUTES 05-06-99 79 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MAY 6, 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 May 6, 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 None 3. AWARDS AND COMMENDATIONS a. PRESENTATION OF NATIONAL ASSOCIATION OF PURCHASING MANAGEMENT (NAPM) AWARD TO KEN F. LAVERTY Mr. Charles W. Batts, General Manager, recognized Mr. Ken F. Laverty, Purchasing and Materials Manager, for his impressive list of professional accomplishments and activities. The District has always encouraged and benefitted from its employees' participation in various professional organizations. The National Association of Purchasing Management was created to provide professional growth, education, and certification to more than 46,000 members in purchasing, materials managements, and inventory and supply. Mr. Laverty was recognized by NAPM for his dedicated service and efficient leadership as District XII Director for 1997-1999. Mr. Batts presented a plaque to Mr. Laverty and congratulated him on a job well done. President Lucey commended Mr. Laverty for the hundreds of hours he has devoted to NAPM. Mr. Laverty thanked the Board, stating that his tenure on the NAPM board gave him an appreciation for the work the District Board of Directors does. 4. CONSENT CALENDAR It was moved by Member Boneysteele and seconded by Member Menesini, that the Consent Calendar, consisting of Items a. through d., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. May 20, 1999 at 2:00 p.m. was established as the date and time for a public hearing to consider adopting a revised schedule of rates and charges for various environmental and development-related services. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Menesini, Nejedly, Hockett, Lucey None None b. June 3, 1999 at 2:00 p.m. was established as the date and time for a public hearing to consider authorizing the collection of the 1999-2000 Sewer Service Charges on the County tax roll. 05 06 99 80 Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Menesini, Nejedly, Hockett, Lucey None None Authorization was given to initiate proceedings to formally annex ten separate areas to the Central Contra Costa Sanitary District under the title of District Annexation 146, and Resolution No. 99-058 was adopted to that effect. c. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: d. Boneysteele, Menesini, Nejedly, Hockett, Lucey None None The attendance of Mr. Ricardo Hernandez, Engineering Assistant, was authorized at the International Right of Way Association's Annual Education Seminar on June 21 through June 24, 1999, in Albuquerque, New Mexico, at a cost of $1,250. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Menesini, Nejedly, Hockett, Lucey None None 5. HEARINGS HOLD PUBLIC HEARING ON INHABITED DISTRICT ANNEXATION 148 (LAWRENCE ROAD PHASE 11). AS APPROVED BY THE LOCAL AGENCY FORMATION COMMISSION AND CONSIDER THE NEGATIVE DECLARATION BY THE TOWN OF DANVILLE a. President Lucey opened the public hearing to receive testimony by affected property owners before acting on proposed District Annexation 148 (Lawrence Road Phase 11). There being no comments, President Lucey closed the public hearing. Mr. Batts, General Manager, stated that the area will be served by a temporary pumping . station with the capital costs being paid by the developers and the annual operations and maintenance costs being paid by the people in the annexed area. The annual surcharge is currently $85. This area will ultimately be served by gravity through the Dougherty Valley. Discussion followed with regard to establishment and collection of the annual operations and maintenance surcharge. Mr. Tom Flood, 1570 Lawrence Road, Danville, addressed the Board, speaking in favor of the proposed annexation. It was moved by Member Hockett and seconded by Member Nejedly, that Resolution No. 99-060 be adopted, certifying that the Board has reviewed the Mitigated Negative Declaration by the Town of Danville, ordering the filing of a Notice of Determination as a responsible agency stating that the Board considered the Mitigated Negative Declaration by the Town of Danville, noting that no written protests were filed, and ordering 05 06 99 81 completion of inhabited District Annexation 148 (Lawrence Road Phase 11). Motion unanimously approved on the following vote: None a. AYES: Members: NOES: Members: ABSENT: Members: Hockett, Nejedly, Menesini, Boneysteele, Lucey None None 6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER 7. REPORTS GENERAL MANAGER 1 ) Mr. Batts, General Manager, thanked the Board Members for their patience, understanding, and support while he has taken time off for personal reasons. Mr. Batts stated that those issues are now behind him and he looks forward to facing the challenges of the future with the Board. 2) Mr. Batts, General Manager, reported that on April 20, 1999, District staff and the District's geotechnical engineer Mr. Heinz Berger of Woodward Clyde met with Ms. Joan Lindroth, the Peterson's, and the Center's, residents of Lost Valley Drive in Orinda, to discuss the factors causing the slide at the rear of their properties and the plan for repairs. Mr. Batts stated that it was explained that the repairs being made by the District are to protect the District pipeline. The District's pipeline was not the cause of the slide and the District does not assume responsibility or liability for any repairs other than those associated with the pipeline and soil stabilization. Discussion followed with regard to the estimated cost and extent of the repairs. 3) Mr. Batts, General Manager, introduced Mr. Don Berger, Associate Engineer, who provided an update on the Laboratory Improvements Project. During the break, Mr. Berger will have the architect's model and renderings available in the caucus room for those who are interested. The new laboratory facility will be located near the Plant entrance next to the new switchgear building being constructed as part of the Seismic Project. Mr. Berger stated that since the last update in November 1998, work has proceeded on project design. Design is now about 50 percent complete. The project team has been working closely with the District Laboratory staff on the design. The estimated cost of the project is approximately $5 million. In addition to construction of the new laboratory, the project includes removal of cabinets and equipment in the old laboratory work space to allow,the space to be used for other activities and upgrade to existing analytic equipment which does not provide adequate detection limits. Mr. Berger stated that the project is on schedule. It is anticipated that the project will be bid in October or November 1999, that construction will begin in December 1999, and that the project will be completed in November 2000. Mr. Berger stated that he would be available to show the model and answer any questions during the break. 4) Mr. Batts, General Manager, introduced Mr. William E. Brennan, Capital Projects Division Manager, who distributed the Martinez Eastside Sewer Improvement Project Status Report. Mr. Brennan stated that all but a minor part of the underground work has been completed. The project is ahead of schedule. Completion is anticipated in July 1999. The contract completion date is September 23, 1999. The major work remaining is paving. Efforts 05 06 99 82 05 are being coordinated with the City of Martinez and local businesses particularly with regard to the Peddlers' Fair and Farmers' Market. To date there has been about $100,000 in change orders, or about 2 percent of the project cost. Mr. Brennan stated that there is an issue relating to the City of Martinez's Pacheco Boulevard Improvements Project. The contractor is behind schedule and the City is pushing for completion by June 5, 1999. In conjunction with the City's project, 3,500 linear feet of sewer lines were installed. The condition of the sewer lines constructed by that contractor is being reviewed. Preliminary indications are that portions of the sewer will need to be repaired or reconstructed prior to acceptance. Mr. Brennan stated that there is a second issue. The San Francisco Bay Conservation and Development Commission (BCDC) is investigating the use of some soils excavated from the Martinez .Eastside Sewer Improvement Project for possible illegal filling practices in Solano County by McGuire and Hester, the District's contractor. In March 1999, the District became aware of this situation and it was stopped. Meetings were held with various environmental agencies and it was believed that the issue had been resolved. Since that time, the District has received a letter from BCDC. The District project team did not know the contractor was hauling soils to a private site. While the material is not hazardous, the contractor did not follow proper procedures. The District's contract calls for the material to be hauled to a landfill. The contractor requested permission from the District to haul the material to IT. The District agreed. The District was not aware the material was also being hauled to private property. The District has responded to the BCDC letter and has been in contact with BCDC staff. BCDC has indicated that this is not a significant issue but the District will remain involved since it was the District's contractor. Member Nejedly asked about the amount of material hauled to the private site. Mr. Brennan stated that he would let Member Nejedly know. Mr. Batts stated that he would update the Board on the outcome at a future Board Meeting. 5) Mr. Batts, General Manager, announced that Maintenance Technician III Rich Soychak, who suffered a fall last month, is at home and recuperating. The District, along with CaIOSHA, is investigating the accident and safety practices in general. CalOSHA investigates any accident where an employee is hospitalized over 24 hours. The final report from the investigation is expected some time in June. 6) Mr. Batts, General Manager, announced that several District employees gave papers at the California Water Environment Association (CWEA) conference last week. Public Information and Production Assistant" Tim Tullis gave a paper on District educational partnerships. Senior Engineer Tad Pilecki and Senior Engineering Assistant Kent Von Aspern gave a paper on the District's micro-tunneling projects. Both papers were well received. 7) Mr. Batts, General Manager, stated that in the spirit of partnering, Mr. John Larson, Director of Collection System Operations, has been discussing using Delta Diablo Sanitation District collection system employees during the summer construction period. Mr. Batts stated that this matter will be discussed with the Board Personnel Committee and then presented at a future Board Meeting. President Lucey requested a report on privatization of the Discovery Bay operation. Mr. Batts stated that staff will try to get that information for the Board. 06 99 b. c. d. 83 8) Mr. Batts, General Manager, announced that Doug Lomow, former owner of Orinda-Moraga Disposal Service, is in jail awaiting sentencing on money- laundering charges. 9) Mr. Batts, General Manager, announced that in the future, as part of the new Employee Orientation Program identified during the Strategic Planning Workshops, new employees will be introduced to the Board as they join the District. COUNSEL FOR THE DISTRICT None SECRETARY OF THE DISTRICT 1 ) Ms. Joyce E. Murphy, Secretary of the District, distributed the proposed revision to District Code Chapter 6.30, Schedule of Rates and Charges for Various Environmental and Development-Related Services. The majority of the proposed rate increases are in the 8 percent to 10 percent range. Earlier in the agenda, the Board set a public hearing for May 20, 1999 to consider this matter. BOARD MEMBERS 1 ) President Lucey, General Manager Charles Batts, and Director of Plant Operations James Kelly reported on the April 29 through May 1, 1999 California Association of Sanitation Agencies (CASA) Conference. Topics of discussion included Total Maximum Daily Loads (TMDL's), legislation, and updates on potential biosolids issues. 2) President Lucey referred to the newspaper article concerning the Local Agency Formation Commission (LAFCO) action with regard to the proposed Gateway development in Orinda. Members of the Board of Supervisors expressed concern about the lack of low income housing in Orinda. 3) Member Menesini announced that the Friends of the San Francisco Estuary met on April 30, 1999. Issues relating to CalFed were among the topics of discussion. 4) Member Menesini announced that the Environmental Alliance is working cooperatively with the County Office of Education on a program for high school students. 5) President Lucey provided an update on the status of AB 1549 (Torlakson) which mandates ward elections of the District Board of Directors. Members of Local 1 voted 57 to 36 to continue to support the legislation. Letters of opposition have been received from the Towns of Danville and Moraga, the City of Walnut Creek, Delta Diablo Sanitation District, Mt. View Sanitary District, Contra Costa Council, the Industrial Association of Contra Costa County, and the Management Support/Confidential Group. A letter is being sent to Assembly Member Torlakson attaching these letters of opposition since he indicated he would reconsider the matter if the cities were opposed. 6) Member Hockett announced that Earth Day was a success. The District's booth was outstanding. Member Hockett commended all those who worked on the event, particularly the Community Affairs staff for their work on the booth. 05 06 99 84 8. ENGINEERING a. CONFIRM AND LEVY FINAL ASSESSMENTS FOR THE ALHAMBRA WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 98-1 Following explanation by Mr. Batts, General Manager, it was moved by Member Nejedly and seconded by Member Menesini, that Resolution No. 99-059 be adopted, confirming and levying final assessments and authorizing a Notice of Assessment to be recorded in the office of the County Recorder for Alhambra Way Contractual Assessment District No. 98-1. Motion unanimously approved on the following vote: AYES: Members: Nejedly, Menesini, Hockett, Boneysteele, Lucey NOES: Members: None ABSENT: Members: None 9. TREATMENT PLANT a. AUTHORIZE THE GENERAL MANAGER TO ALLOCATE $100.000 FROM THE TREATMENT PLANT PROGRAM CONTINGENCY ACCOUNT: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH NPG ENGINEERING FOR PROJECT MANAGEMENT SERVICES FOR THE TREATMENT PLANT YEAR 2000 PROJECT (DP 6139) Mr. Batts, General Manager, stated that as part of the District's Year 2000 Preparedness Program, the Plant Operations Department is testing, correcting, or repairing the control computers, the field processing units, the telemetry system, individual equipment control systems, and individual imbedded chips to meet with Year 2000 requirements. Discussion followed with regard to the process and length of time involved. Mr. James M. Kelly, Director of Plant Operations, stated that the assessment will be completed by June 1999. The $100,000 being requested will be used during the current fiscal year to correct things that are known not to be compliant at this time. Mr. Kelly stated that there is an additional $275,000 in the Capital Improvement Budget Year 2000 Project which will be available in July 1999 and can be drawn upon to correct non-compliant items identified in the assessment. It was moved by Member Menesini and seconded by Member Hockett, that the General Manager be authorized to allocate $100,000 from the Treatment Plant Contingency Account, and that the General Manager be authorized to execute a professional services agreement with a cost ceiling of $50,000 with NPG Engineering for project management services for the Treatment Plant Year 2000 Project, DP 6139. There being no objection, the motion was unanimously approved. 10. HUMAN RESOURCES a. APPROVE PERSONNEL BUDGET REQUESTS TO FISCAL YEAR 1999-2000 Mr. Batts, General Manager, stated that the Personnel Requests for Fiscal Year 1999- 2000 were reviewed with the Personnel Committee and the full Board. The Personnel Budget is now submitted for Board approval. Following discussion of the Operations Support Supervisor position, it was moved by Member Nejedly and seconded by Member Menesini, that the Personnel Budget for Fiscal Year 1999-2000, identified as Items 1 through 12 in the position paper and miscellaneous class descriptions as set forth in the Personnel Budget, be approved. There being no objection, the motion was unanimously approved. 05 06 99 85 11. APPROVAL OF MINUTES a. MINUTES OF MARCH 23. 1999 b. MINUTES OF APRIL 1. 1999 c. MINUTES OF APRIL 12. 1999 It was moved by Member Boneysteele and seconded by Member Hockett, that the minutes of March 23, 1999, the minutes of April 1, 1999, and the minutes of April 12, 1999, be approved as presented. There being no objection, the motion was unanimously approved. 1 2. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED MAY 6. 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 May 6, 1999, including Self Insurance Check Nos. 101534- 101538, Running Expense Check Nos. 117448-117837, and Sewer Construction Check Nos. 21040-21107, be approved as presented. There being no objection, the motion was unanimously approved. 13. BUDGET AND FINANCE a. RECEIVE MARCH 1 999 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance for the month of March 1999, noting that expenditures were $2.55 million, right on budget. Year to date expenditures were $1.3 million less than budget, representing a 5 percent favorable variance. Year to date revenues of $17.4 million were $500,000 or 3 percent below budget. 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 4.64 percent to 6.45 percent. The latest interest rate as of September 1998 was 4.6 percent. The average yield for the District's LAIF account through February 1999 was 5.2 percent. President Lucey declared that the March 1999 Financial Statements were duly received. 14. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 15. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None 05 06 99 86 16. ADJOURNMENT There being no further business to come before the Board, President Lucey adjourned the meeting at the hour of 3:25 p.m. to the caucus room where the architectural model and renderings of the Laboratory Improvement Project were on display. President of the Boar of Dir ctors, Central Contra Costa Sanita y District, County of Contra Costa, State of California COUNTERSIGNED: 05 06 99