HomeMy WebLinkAboutBOARD MINUTES 12-02-99
197
MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD ON DECEMBER 2, 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 December 2, 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
a.
INTRODUCE NEW EMPLOYEES
.
Keith Brauch, Electrician
Mr. Keith Brauch, Electrician, was introduced by Electrical Shop Supervisor Bill Hammett
and welcomed to the District by President Lucey and the Board of Directors.
Mr. Charles W. Batts, General Manager, announced that Principal Engineer Curtis W.
Swanson has been named as the new Environmental Services Division Manager. The
Board of Directors and staff joined in congratulating Mr. Swanson on his appointment.
2. PUBLIC COMMENTS
None
3. CONSENT CALENDAR
It was moved by Member Boneysteele and seconded by Member Hockett, that the
Consent Calendar consisting of Items a. and b., be approved as recommended, resolutions
adopted as appropriate, and recordings duly authorized.
a.
The Grant of Easement from Pacific Gas and Electric Company for the
Dougherty Tunnel and Trunk Sewer Project, DP 5902, was accepted; staff
was authorized to record said Grant of Easement withfthe Contra Costa
County Recorder; and Resolution No. 99-126 was adopted to that effect.
Motion unanimously approved on the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Boneysteele, Hockett, Nejedly, Menesini, Lucey
None
None
b.
Notification of the Management Support/Confidential Group's newly elected
officers for the two-year period from October 1, 1999 through September
30,' 2001 was received. This item was presented for the Board's
information. No action was taken.
Mr. Batts noted that with the appointment of Mr. Swanson to the position of
Environmental Services Division Manager, the Management Support/Confidential Group's
officers will change.
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None
a.
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4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
5. REPORTS
GENERAL MANAGER
1 )
Mr. Batts, General Manager, introduced Mr. Curt Swanson, Environmental
Services Division Manager, who provided a status report on the Dougherty
Tunnel and Trunk Sewer Project, DP 5902. Mr. Swanson stated that about
10,000 to 11,000 homes will be built in the Dougherty Valley area by
Shapell Industries and Windemere BLC Land Company, a combination of
Brookfield Homes, Lennar Communities, and Centex Homes. Two major
sewering alternatives were considered for serving this area. The tunnel
option was selected by the Board of Directors a number of years ago. The
Dougherty Tunnel and Trunk Sewer Project consists of a 4,800-foot long,
10-foot diameter tunnel with four pipelines (a 60-inch gravity sewer, twin
18-inch pipes, and a bundle of 6-inch pipes). A 3,300-foot long, 24-inch
diameter trunk sewer will connect the tunnel to the San Ramon Pumping
Station. The estimated construction cost of the Dougherty Tunnel and
Trunk Sewer Project is $14,500,000. Mr. Swanson showed possible tunnel
sections which could be used depending on the type of construction used
by the contractor. Mr. Swanson stated that the District is proceeding with
completion of design but there are still several outstanding issues that must
be resolved prior to proceeding with construction. Those outstanding issues
include:
.
Developer approval to proceed with construction;
.
Construction agreement between the developer and the District;
.
Tunnel and portal easement from Royal Ridge Homeowner's
Association; and
.
City of San Ramon concerns about selected trunk sewer alignment.
Discussion followed with regard to the concerns of the City of San Ramon,
the Pacific Gas and Electric Company property uses, the alignment preferred
by the District, and the alignment preferred by the City of San Ramon.
Mr. Swanson reported on resolution of the water supply dispute for this
area. A water transfer from Berrenda Mesa Water District has been
negotiated. Zone 7 Water Agency will provide water treatment and Dublin
San Ramon Services District will supply the water. All parties and the
Department of Water Resources have approved the settlement of the 1 998
lawsuit by Citizens for Balanced Growth and the City of Livermore. The
judge is now considering the agreement and is expected to issue a ruling in
the next 30 to 45 days.
Mr. Swanson stated that three alignments were evaluated for the Dougherty
Trunk Sewer alignment. They were Estero Drive, Ensenada Drive, and
Pacific Gas and Electric Company property. After the engineering
evaluation, which looked at construction impacts as well as costs, Estero
Drive was selected as the preferred alignment. The Estero Drive alignment
is more direct, lowest in cost, with fewer bends in the alignment, and
hydraulicly cleaner. The City of San Ramon staff prefers the Pacific Gas and
Electric Company alignment because it has less impact on the residents of
San Ramon. Drawbacks to the Pacific Gas and Electric Company alternative
include higher costs and insufficient grade that results in flat slopes and low
velocities in the sewer that could cause odor problems. In addition, there
would be higher maintenance costs and easement acquisition problems. In
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response to questions from the Board, Mr. Swanson stated that the City of
San Ramon staff prefers open cut technology rather than microtunneling
because they feel the residents would be able to see progress along the
route and it would more evenly spread the construction impacts rather than
having a couple people impacted for the entire construction period.
Mr. Swanson stated that there is an existing agreement between the District
and the developer for planning, design, and easement acquisition. That
agreement must be revised or a new agreement drafted for construction.
Key elements would include District management of construction, a
condition that would ensure no risk for the District, and adequate financial
security for the District. Mr. Swanson stated that if developer approval to
proceed is received, the following schedule is planned:
Prequalification Approval
Developer Agreement Approval
Advertisement
Award Contract
Begin Construction
Complete Construction
February 2000
February 2000
March-April 2000
May 2000
June 2000
October 2001
In closing, Mr. Batts stated that it is important for the Board to remember
that the alignment through the Pacific Gas and Electric Company property
is much less desirable hydraulicly.
2)
Mr. Batts, General Manager, stated that the District work in Rossmoor
continues with the completion of Phase 5, about half, of the total Rossmoor
Sewer Improvements Project. Mr. Batts introduced Mr. Alex Rozul,
Associate Engineer, who stated that the District has committed to taking
over the private sewer system from Rossmoor. Under the agreement, the
District agreed to upgrade the sewers over a ten-year period with the money
to upgrade the sewers coming from two sources: UDC (the Rossmoor
developer) paying the full Capital Improvements Fees of the District with
$1,200 being spent on upgrades, and with 20 percent of the Sewer Service
Charges paid by Rossmoor citizens from fiscal year 1993-1994 to fiscal year
2003-2004 being spent on the upgrades. Mr. Rozul stated th~t the contract
cost for the Rossmoor Sewer Improvements Project, DP ~352, Phase 5,
was $389,340. The contractor was TGH Pipelines, Inc. The project
included installation of 56 standard manholes, four rodding inlets, and 465
feet of 4, 6, and 8-inch pipe. The construction period was 120 days. The
Notice of Proceed was issued on August 2, 1999. The project is now 95
percent complete and is scheduled for acceptance at the January 6, 2000
Board Meeting. There were no change orders on the project. Mr. Rozul
stated that the project was not complicated in terms of engineering. It was
typical open trench cut but the work was being done in landscaped areas
and some of the manholes being installed were quite deep. In an effort to
reduce damage to lawn areas, the contractor undertook several mitigation
techniques. Mr. Rozul showed before and after slides of the construction
areas.
Mr. Rozul stated that design of Phase 6 of the project is scheduled to begin
late next month. Construction will begin in Summer 2000. The estimated
cost of the Phase 6 work is $ 1 50,000. Phase 6 is smaller in scale than
Phase 5, but just as difficult.
3)
Mr. Batts, General Manager, introduced Mr. Ron Klimczak, Senior Engineer,
who distributed a handout and reviewed various construction project terms
related to construction milestones. Mr. Klimczak stated that the judgment
of the project manager is required to determine when these milestones are
achieved. The following terminology was reviewed: Notice to Proceed, Time
of Performance, Partial Beneficial Use, Substantial Completion, Project
Acceptance, and Final Payment. The Board thanked Mr. Klimczak for the
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9)
11 )
overview. At the request of Member Boneysteele, copies of the definitions
will be provided to the Board in a smaller font.
4)
Mr. Batts, General Manager, reported that Mr. Ken F. Laverty, Purchasing
and Materials Manager, has announced that he will be retiring February 14,
2000. Mr. Batts stated that with the Board's permission, he would like to
begin the recruitment process using an executive recruiter. The Board
wished Mr. Laverty well in his retirement, and indicated that Mr. Batts
should proceed with the recruitment process.
5)
Mr. Batts, General Manager, announced that at their December 7, 1999
meeting, the Board of Supervisors wishes to recognize the District for
receiving the California Department of Pesticide Regulation Integrated Pest
Management (lPM) Innovator Award. President Lucey has asked that
Member Menesini represent the District. The other Board Members are
invited to attend as well.
6)
Mr. Batts, General Manager, announced that the District has completed
testing at Ms. Joan Lindroth's property at 11 Lost Valley Drive in Orinda.
The tests showed no leaks and indicate that the sewer line is intact.
7)
Mr. Batts, General Manager, announced that staff has submitted its
Summary of Request for Waste Discharge to the Regional Water Quality
Control Board to start the National Pollutant Discharge Elimination System
(NPDES) permit process. An Effluent Characterization Study was also
submitted as part of the package. Mr. Batts stated that this is expected to
be a slow process and that he would keep the Board informed of progress.
8)
Mr. Batts, General Manager, announced that the District has also received
the draft Title V Air Permit from the Bay Area Air Quality Management
District. There is a 30-day public comment period followed by review by the
Environmental Protection Agency.
Mr. Batts, General Manager, announced that the District Board of Directors
has been invited to the Contra Costa Water District Los Vaqueros Trail
System Dedication on Friday, December 10, 1999 at 10:30 a.m.
10)
Mr. Batts, General Manager, announced that the District is now planning its
staffing for the night of December 31, 1999 to address any Year 2000
(Y2K) problems, mainly within the Treatment Plant. Necessary staff will be
present, a catered dinner will be provided, and spouses are invited. Several
Board Members have requested to be at the Plant to show their support. If
any Board Members wish to be present they are invited to do so, but this
will be a working evening with most employees out in the facility doing
preventative maintenance unless their services are needed to address Y2K
problems. Mr. Batts stated that hopefully problems will be minimal and
employees will be released to go home.
Mr. Batts, General Manager, stated that staff will be contacting the Board
to schedule a three-hour Board workshop in the January/February time
frame to discuss the future financial requirements of the District. This is
planned to be a broad look at the various options that the Board may want
to consider for the future and will give staff direction for meeting those
future commitments.
b.
COUNSEL FOR THE DISTRICT
1 )
Mr. Kenton L. Aim, Counsel for the District, reported on the Association of
Metropolitan Sewerage Agencies/American Water Works Association
(AMSA/AWWA) Attorneys' Meeting he recently attended. Mr. Aim stated
that the meeting was attended by about 150 to 200 public agency
attorneys from around the United States. Topics of discussion included a
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comparison of the Clean Water Act and the Safe Drinking Water Act,
presentations on Combined Sewer Overflows, Storm Water Overflows,
Sanitary Sewer Overflows, the Storm Water Permitting Process, Total
Maximum Daily Loads (TMDL's), Water and Wastewater Liabilities and
Citizen Suits, and Negotiation Strategies for Consent Decrees.
2)
Mr. Aim, Counsel for the District, advised the Board that a lawsuit has been
filed against the District to secure the deposition of Mr. Robert Sliepka from
the Orinda Moraga Disposal Service litigation. Mr. Aim stated that in order
to take that deposition, the District entered into a confidentiality agreement.
Because of that confidentiality agreement, the deposition was not released.
The District has nothing to hide but does not want to breach the
confidentiality agreement.
3)
Mr. Aim, Counsel for the District, provided an update with regard to the
sentencing of Mr. Doug Lomow, former owner of Orinda Moraga Disposal
Service. The sentencing has been delayed until January 2000. During that
time, Mr. Lomow is to execute the necessary documents which would allow
sale of property for satisfaction of the judgment against him.
SECRETARY OF THE DISTRICT
None
BOARD MEMBERS
1 )
Member Menesini expressed concerned that the City of Walnut Creek failed
to mention the District's Year 2000 (Y2K) efforts in its recent publication
although it did mention the efforts of other public agencies. Mr. Batts,
General Manager, stated that he observed that oversight as well and would
contact the City.
6. HUMAN RESOURCES
AUTHORIZE FILLING AN ELECTRICIAN POSITION FOR THE FOUR MONTHS PRIOR
TO THE RETIREMENT OF AN ELECTRICAL TECHNICIAN
Mr. Batts, General Manager, presented the staff request to create an additional Electrician
position that would be filled from the newly created recruitment list, allowing the new
Electrician to train with existing staff before the planned retirement of an Electrical
Technician and the Electrical Shop Supervisor. After the retirements, the Electrical Shop
would return to the budgeted staffing level. Part of the concern for this training period is
the District's demanding and complicated electrical distribution system. This system
provides safe, reliable, and flexible operation of the Plant. Mr. Batts introduced Mr. Jim
Belcher, Senior Engineer, who provided an overview and showed a video of the Treatment
Plant Electrical Distribution System. Mr. Belcher stated that the Treatment Plant Electrical
Distribution System allows the Plant to operate uninterrupted when other power sources
fail. The system is reliable and provides redundancy, but is complex. To maintain system
integrity requires a comprehensive preventative and predictive maintenance program.
President Lucey declared a recess at the hour of 4: 18 p.m., reconvening at the hour of
4:28 p.m. with all parties present as previously designated with the exception of Member
Nejedly who had excused himself and left the meeting.
It was moved by Member Boneysteele and seconded by Member Hockett, that
authorization be given to fill an Electrician position for the four months prior to the
retirement of Mr. Harold Newman, Electrical Technician. There being no objection, the
motion was approved with Member Nejedly being absent.
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b.
AUTHORIZE THE ADDITION OF ONE HOUSEHOLD HAZARDOUS WASTE
TECHNICIAN 1/11 POSITION (I. G-45. $2.382 TO $2.872: II. G-49. $2.614 TO
$3.160)
Following explanation by Mr. Batts, General Manager, it was moved by Member Hockett
and seconded by Member Menesini, that the addition of one Household Hazardous Waste
Technician 1/11 position (I, G-45, $2,382 to $2,872; II, G-49, $2,614 to $3,160) be
authorized. There being no objection, the motion was approved with Member Nejedly
being absent.
7. APPROVAL OF MINUTES
a.
MINUTES OF NOVEMBER 4. 1999
It was moved by Member Menesini and seconded by Member Hockett, that the minutes
of November 4, 1999 be approved as presented. There being no objection, the motion
was approved with Member Nejedly being absent.
8. APPROVAL OF EXPENDITURES
a.
EXPENDITURE LIST DATED DECEMBER 2. 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 December 2, 1999, including Self Insurance Check Nos. 101580-
101581, Running Expense Check Nos. 121550-121817, and Sewer Construction Check
Nos. 21718-21761, be approved as recommended. There being no objection, the motion
was approved with Member Nejedly being absent.
9. BUDGET AND FINANCE
a.
RECEIVE OCTOBER 1999 FINANCIAL STATEMENTS
Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance for
the month of October 1999, noting that expenditures were $207,000 less than budget,
representing a 7.7 percent favorable variance. Year to date expenditures were $1.3
million less than budget, representing a 12 percent favorable variance. Year to date
revenues of $ 1 ,782,000 were $61,000 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 4.52 percent to 5.78 percent. The latest interest rate as of
October 1999 was 5.78 percent. The average yield of the LAIF account through
September 1999 was 5.24 percent.
President Lucey declared that the October 1999 financial statements were duly received.
10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None
11. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS
After discussion with the Board, the Budget and Finance Committee requested a
presentation on the District's Internet service lines at a future Board Meeting.
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12. CLOSED SESSION
a.
LABOR NEGOTIATIONS
With respect to labor negotiations, the closed session was held pursuant to Government
Code Section 54957.6, to meet with designated representatives prior to and during
consultations and discussions with the representatives of employee organizations
regarding the salary, salary schedules or compensation paid in the form of fringe benefits
of employees in order to review its position and instruct its designated representatives.
The District's negotiators are Human Resources Manager Cathryn Freitas and labor
Counsel Allison Woodall, and the pertinent employee organizations are the Central Contra
Costa Sanitary District Employees' Association Public Employees' Local No.1 and the
Management Support/Confidential Group.
At 4:40 p.m., President Lucey declared the closed session to discuss labor negotiations
pursuant to Government Code Section 54957.6 as noted above. At 5:15p.m., President
Lucey concluded the closed session and reconvened the meeting into open session.
13. REPORT OF DISCUSSIONS IN CLOSED SESSION
No decisions were made or votes taken in closed session which require reporting at this
time.
14. ADJOURNMENT
There being no further business to come before the Board, President Lucey adjourned the
meeting at the hour of 5: 16 p.m.
President of the Boa of Dirè tors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
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