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HomeMy WebLinkAboutBOARD MINUTES 05-07-98 103 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MAY 7, 1998 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 7, 1998. President Nejedly called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Lucey, Boneysteele, Nejedly ABSENT: Members: Hockett, Menesini Member Hockett had advised that she would be unable to attend this meeting and had requested to be excused. Member Menesini entered the meeting at the hour of 2: 13 p.m. 2. PUBLIC COMMENTS None 3. AWARDS AND COMMENDATIONS a. RECEIVE NOMINATION FOR CALIFORNIA WATER ENVIRONMENT ASSOCIATION RESEARCH ACHIEVEMENT OF THE YEAR AWARD FOR OUTSTANDING PROFESSIONAL ACCOMPLISHMENTS FOR THE MULTIPLE HEARTH FURNACE CYANIDE GENERATION ASSESSMENT Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that the District was nominated for the California Water Environment Association (CWEA) Research Achievement of the Year Award for the Multiple Hearth Furnace Cyanide Generation Assessment Project managed by Associate Engineer Randy Schmidt. The nomination of the District was made as part of the annual awards process for the Bay Section. The Board recognized Mr. Schmidt for his work on this project. b. ACKNOWLEDGE RECEIPT OF ASSOCIATION OF METROPOLITAN SEWERAGE AGENCIES 1998 NATIONAL ENVIRONMENTAL ACHIEVEMENT AWARD FOR EXCELLENCE IN PUBLIC INFORMATION AND EDUCATION Mr. Dolan, General Manager-Chief Engineer, stated that the District has received the Association of Metropolitan Sewerage Agencies (AM SA) 1998 National Environmental Achievement Award for Excellence for its Sewer Squad Program. The Sewer Squad Program is given in the public schools as a way of informing students of how water and wastewater agencies work in the community and as a way of getting out the District's "Don't Dump Down the Drain" message. This year the Sewer Squad Program has gone into over 90 classrooms. The Board commended the Communication Services staff for their outstanding efforts. 4. CONSENT CALENDAR It was moved by Member Boneysteele and seconded by Member Lucey, that the Consent Calendar, consisting of Items a. through p., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 05 07 98 104 05 a. Resolution No. 98-038 accepting an easement at no cost to the District from Hillary A. Swiggett, Job 5240, Parcel 1, Leona Court, Danville area, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Boneysteele, Lucey, Nejedly NOES: Members: None ABSENT: Members: Hockett, Menesini b. Resolution No. 98-039 accepting work and Offers of Dedication from Homeowners Association for the Bogue Ranch Development, Job 5057, Parcel 1, Alamo area, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Boneysteele, Lucey, Nejedly NOES: Members: None ABSENT: Members: Hockett, Menesini c. Resolution No. 98-040 accepting work and Offers of Dedication from Greenbriar Stonebridge Partners, loP., Job 5057, Parcel 2, Alamo area, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Boneysteele, Lucey, Nejedly NOES: Members: None ABSENT: Members: Hockett, Menesini d. Resolution No. 98-041 accepting work and Offers of Dedication from Greenbriar Stonebridge Partners, loP., Job 5057, Parcel 3, Alamo area, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Boneysteele, Lucey, Nejedly NOES: Members: None ABSENT: Members: Hockett, Menesini e. Resolution No. 98-042 accepting work and Offers of Dedication from Martin L. Sherman, Jr., Trustee, Job 5057, Parcel 4, Alamo area, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Boneysteele, Lucey, Nejedly NOES: Members: None ABSENT: Members: Hockett, Menesini Ol¡ 98 j. 105 f. Resolution No. 98-043 accepting work and Offers of Dedication from Greenbriar Stonebridge Partners, loP., Job 5057, Parcel 5, Alamo area, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Boneysteele, Lucey, Nejedly NOES: Members: None ABSENT: Members: Hockett, Menesini g. Resolution No. 98-044 accepting work and Offers of Dedication from Greenbriar Stonebridge Partners, loP., Job 5057, Parcel 6, Alamo area, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Boneysteele, Lucey, Nejedly NOES: Members: None ABSENT: Members: Hockett, Menesini h. Resolution No. 98-045 accepting work and Offers of Dedication from Gentle Creek Properties, loloC., Job 5149, Parcel 2, Alamo area, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Boneysteele, Lucey, Nejedly NOES: Members: None ABSENT: Members: Hockett, Menesini I. A Grant of Easement was accepted from Contra Costa County for a sanitary sewer easement on Parcel 48 of the former Southern Pacific Railroad right of way through the town of Danville, DP 4224; staff was authorized to record said Grant of Easement with the Contra Costa County Recorder; and Resolution No. 98-046 was adopted to that effect. Motion approved on the following vote: AYES: Members: Boneysteele, Lucey, Nejedly NOES: Members: None ABSENT: Members: Hockett, Menesini Authorization was given for P.A. 98-5 (Danville) and P.A. 98-6 (Alamo) to be included in a future formal annexation to the District. Motion approved on the following vote: AYES: Members: Boneysteele, Lucey, Nejedly NOES: Members: None ABSENT: Members: Hockett, Menesini 05 07 98 106 k. The Board was advised of the close out of the M2-A Force Main Rehabilitation Project, DP 5225, and the return of $30,000 to the Collection System Program. This item was presented for the Board's information. No action was taken. I. The Board was advised of the close out of the Headworks Facilities Enhancements Project, DP 7177, and the return of $42,000 to the Treatment Plant Program. This item was presented for the Board's information. No action was taken. m. Resolution No. 98-047 was adopted, confirming final assessments for the Leona Court Contractual Assessment District (CAD) No. 97-2 and authorization was given to record a Notice of Assessment in the Office of the Contra Costa County Recorder for the Leona Court CAD 97-2. Motion approved on the following vote: AYES: Members: Boneysteele, Lucey, Nejedly NOES: Members: None ABSENT: Members: Hockett, Menesini n. June 9, 1998 at 2:00 p.m. was set as the date and time for holding a public hearing to establish reimbursement fees for the Leona Court Contractual Assessment District (CAD) No. 97-2. Motion approved on the following vote: AYES: Members: Boneysteele, Lucey, Nejedly NOES: Members: None ABSENT: Members: Hockett, Menesini o. June 9, 1998 at 2:00 p.m. was set as the date and time for holding a public hearing to receive public comment on the collection of the 1998-1 999 Sewer Service Charges on the County tax roll. Motion approved on the following vote: AYES: Members: Boneysteele, Lucey, Nejedly NOES: Members: None ABSENT: Members: Hockett, Menesini p. The class descriptions included as a part of the Fiscal Year 1998-1999 Personnel Budget were adopted. Motion approved on the following vote: AYES: Members: Boneysteele, Lucey, Nejedly NOES: Members: None ABSENT: Members: Hockett, Menesini 05 or; 98 107 5. HEARINGS a. CONDUCT A PUBLIC HEARING ON THE PROPOSED CHANGES TO THE CURRENT SCHEDULE OF RATES AND CHARGES AND ADOPT AN ORDINANCE APPROVING THE FEE SCHEDULE EFFECTIVE JULY 1. 1998 Discussion was held relating to the quorum necessary for approval of the proposed changes to the current schedule of rates and charges. Mr. Kenton L. Aim, Counsel for the District, indicated that a two-thirds vote of the Board is required, making it necessary for four Board Members to be present to take action. Mr. Aim stated however, that staff may proceed with holding the public hearing. Mr. Dolan, General Manager-Chief Engineer, introduced Ms. Lesley Klein, who stated that the schedule of rates and charges is reviewed annually and revisions are made 1) to reflect District annual wage adjustments or cost-of-living adjustments, or 2) as a result of detailed cost analysis. This year, it is proposed that the schedule of rates and charges be adjusted to reflect the annual cost of living increase. Ms. Klein stated that the proposed revisions to the schedule of rates and charges were distributed to members of the Home Builders Association of Northern California, the Engineering and Utilities Contractors Association, and the Associated Buildings and Contractors Golden Gate Chapter. No comments were received. Staff would be happy to answer any questions. At 2:07 p.m., President Nejedly opened the public hearing to receive comments on proposed changes to the current schedule of rates and charges. There being no comments, President Nejedly closed the public hearing. Action was deferred until later in the meeting when four Board Members were present. b. CONDUCT THE CONTINUED PUBLIC HEARING TO RECEIVE COMMENTS ON PROPOSED REVISIONS TO THE DISTRICT CODE REGARDING THE DISTRICT'S REBATE PROGRAM AND ADOPT AN ORDINANCE REPEALING CHAPTERS 6.20. REBATE FEES. AND 9.12. REBATE SEWAGE FACILITIES: AMENDING SECTION 1.04.100. DEFINITIONS: AND ADOPTING A NEW CHAPTER 6.20. REIMBURSEMENT FEES Mr. Dolan, General Manager-Chief Engineer, stated that the public hearing to receive comments on proposed revisions to the District Code regarding the District's Rebate Program was opened previously and comments were received at that time. Mr. Dolan introduced Mr. Jarred Miyamoto-Mills, Principal Engineer, who provided an overview of the draft ordinance presented for the Board's consideration. Mr. Miyamoto-Mills reviewed changes to the draft ordinance presented at the March 19, 1998 public hearing as follows: . Use the term "Reimbursement Fee." . Require that fees be adopted by the Board. . Provide for fee deposits prior to fees being adopted. . New Reimbursement Fees expire after 20 years. Member Menesini entered the meeting at the hour of 2: 13 p.m. . Add the following definition of "bonds" - "Bonds mean the project improvement security required by the District to guarantee satisfactory completion and warranty of the standard or special facilities by the Installer, and payment by the Installer to contractors, subcontractors, and others providing equipment, labor or materials for construction of the facilities." Mr. Miyamoto-Mills stated that staff would be happy to answer any questions. 05 07 98 108 At 2: 15 p.m., President Nejedly declared that the continued public hearing to receive comments on proposed revisions to the District Code regarding rebate fees and rebate sewage facilities was open. Receipt was noted of a letter dated March 24, 1998 from Mr. Edward L. Shaffer, of Norris & Norris, attorneys representing Shapellindustries. Following discussion of the language dealing with mailed notifications to installer, Mr. Shaffer stated that he had no objection to the proposed revisions to the District Code. There being no further comments, President Nejedly closed the public hearing. It was moved by Member Menesini and seconded by Member Boneysteele, that Ordinance No. 205 be adopted, repealing Chapters 6.20, Rebate Fees, and 9.12, Rebate Sewage Facilities; amending Section 1.04.010, Definitions; and adopting a new Chapter 6.20, Reimbursement Fees. Motion approved on the following vote: AYES: Members: Menesini, Boneysteele, Lucey, Nejedly NOES: Members: None ABSENT: Members: Hockett At this time, President Nejedly returned to Item 5.a. 5. HEARINGS a. CONDUCT A PUBLIC HEARING ON THE PROPOSED CHANGES TO THE CURRENT SCHEDULE OF RATES AND CHARGES AND ADOPT AN ORDINANCE APPROVING THE FEE SCHEDULE EFFECTIVE JULY 1. 1 998 President Nejedly stated that the public hearing was conducted earlier in the meeting. No opposition or comments were received with regard to the proposed changes to the current schedule of rates and charges. Action had been deferred pending the arrival of Member Menesini. It was moved by Member Lucey and seconded by Member Menesini, that Ordinance No. 2..CM be adopted, implementing the new schedule of rates and charges effective July 1, 1998. Motion approved on the following vote: AYES: Members: Lucey, Menesini, Boneysteele, Nejedly NOES: Members: None ABSENT: Members: Hockett At this time, President Nejedly reverted to the order of the agenda. 6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 7. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that at a recent Board Meeting Mr. Brian Quinn, the owner of a home with a failing septic tank in the Lafayette area, addressed the Board under public comments. He requested that the District change the requirement to obtain easements in Tanglewood Driv(~ that had been imposed on a developer who had since suspended his plans. At that time Mr. Dolan informed the Board and Mr. Quinn that since the matter was now understood to be a "failing septic tank" 05 or, 98 109 and public health issue, different rules applied and that Mr. Jay McCoy, Infrastructure Division Manager I had already instigated easement negotiations. Mr. Dolan introduced Mr. McCoy, who showed a map of the location identifying Mr. Quinn's residence on Mt. View Drive and the existing sewer in the Tanglewood development. Mr. McCoy stated that in research of the ownership, it was determined that the private drives known as Tanglewood Drive and Tanglewood Lane are owned by one entity, the Tanglewood Homeowners Association. Mr. McCoy stated that he has been dealing with the President of that Association, Mr. Bob Kelso. The easements required are all in the ownership of this one entity. Mt. View Drive is a private road owned to the center of the road by the property owners on either side. Mr. McCoy stated that shortly after Mr. Quinn addressed the Board on March 19, 1998, a letter was sent to the Tanglewood Homeowners Association offering to purchase an easement. Acceptance was received on April 2, 1998. On April 9, 1998, the Tanglewood Homeowners Association requested postponing action. On April 21, 1998, the Tanglewood Homeowners Association revoked previous acceptance and agreed to accept an offer with one new condition which was unacceptable. That condition was that an easement would be given but nothing could be connected to the pipe in it. On April 24, 1998, a follow up letter was sent to the Tanglewood Homeowners Association increasing the amount of the offer in an effort to avoid condemnation. Mr. Ernie Winslow, of 842 Tanglewood Drive, Lafayette, stated that the sewer system serving Tanglewood was designed and installed to handle 21 lots. Tanglewood is a private development with only one access. Mt. View Drive starts at Mt. Diablo Boulevard and goes to the top of the hill. Mt. View Drive is not a road from the Quinn's residence to the Tanglewood development. It is a private section of property. Mr. Winslow stated that the residents of Tanglewood have no objection to the District bringing its easements up to date and bringing the Tanglewood sewers into the District, but the residents do object to having this become a trunk sewer for the land behind Tanglewood. That property has been vacant for a long time. It is on a very steep bank. In response to questions from Member Lucey, Mr. Winslow stated that he does not object to the District taking over the Tanglewood pipes but he does object to houses being built in his back yard. Mr. Winslow stated that houses already exist on Mt. View Drive and they are apparently in accordance with health regulations. Mr. Winslow stated that he does not believe the pipe is large enough to accommodate additional flow. Mr. McCoy stated that in some areas the pipe is 8 inches in diameter and in some areas it is 6 inches. Mr. McCoy stated that either an 8-inch pipe or a 6-inch pipe could handle the additional properties easily. Mr. Winslow stated that the Tanglewood Homeowners Association has had lawsuits relating to storm water from the hill above their development. Mr. Winslow stated that he would like the property to remain as a green belt. The Tanglewood Homeowners Association does not want to be the event that creates additional problems for itself. Mr. Brian Quinn, of 808 Mt. View Drive, Lafayette, described the terrain and the homes with failing septic tanks. Mr. Quinn stated that when he purchased his residence two years ago, the City of Lafayette assured him that only one home could be built on each lot in this area. The Hourany property has an approved subdivision for three homes. One of those is already built and connected to a sewer on the other side of the property. Only one home would be connected from that parcel to the proposed sewer. The maximum number of homes that would connect to the sewer would be three new homes plus four existing homes. Mt. View Drive is a public easement for a roadway. Utility and sewer lines are specifically indicated. 05 017 98 110 O~" 'i) The fire department maintains Mt. View Drive as a fire road and it is considered a fire escape road for Tanglewood residents. Mr. Quinn stated that he has been a resident of Lafayette since 1961. Two years ago he purchased his home on Mt. View Drive in Lafayette. The septic tank leachfield is failing and the leachfield for the adjacent Wiggins home is failing as well. Mr. Quinn stated that he can understand the position of the Tanglewood residents, but he does not feel it is ethical for the Tanglewood Homeowners Association to revoke its agreement to provide the easements. Mr. Quinn asked that the District condemn the easements. The District has been maintaining the sewer lines and collecting sewer service charges since the sewer lines were installed. Mr. Quinn asked that the District include easements needed through the two lots in the Tanglewood development in the condemnation process as well. Discussion followed with regard to the condemnation process and alternative procedures to quiet title. Mr. Bob Kelso, of 805 Tanglewood Drive, Lafayette, stated that he is President of the Tanglewood Homeowners Association. Mr. Kelso stated that it is not the intention of the Tanglewood Homeowners Association to be bad neighbors. Mr. Kelso stated that there are likely other alternatives for providing sewer service to the residences on Mt. View Drive. Mr. Kelso stated that it is inappropriate to use public money for this purpose. If a public sewer is installed, it will increase the value of the vacant lots and the lots with existing houses on septic tanks. It is possible to get variances and have zoning changed. It happens all the time. Mr. Dolan stated that having the owners of the vacant property work with the Tanglewood Homeowners Association to determine the number of homes to be constructed would be acceptable. The District is not a growth controlling organization. The District would proceed only if there were sufficient health problems which would require the District to proceed. In response to a question from Member Boneysteele, Mr. Dolan stated that the entire cost of the easements covering the new pipeline on Mt. View Drive would be paid for by the connectors to the pipeline. In response to questions from Member Lucey, Mr. McCoy stated that there are two types of easement conditions in Tanglewood. There are easements granted to the Sanitary District for the purpose of operating and maintaining the sewer system. Mr. McCoy stated that he believes that the District has an obligation to operate and maintain the sewer system. Mr. Dolan stated that Mr. McCoy has acted as a facilitator in situations like this in the past. Hopefully an amicable resolution of this problem can be reached. President Nejedly stated that he understands the Tanglewood Homeowners Association's situation as expressed by Messrs. Winslow and Kelso. President Nejedly requested the understanding of Messrs. Winslow and Kelso with regard to the District's position and charge to protect the public health. President Nejedly stated that hopefully this matter can be resolved. 2) Mr. Dolan, General Manager-Chief Engineer, stated that last winter the Board was rather actively involved in the South Orinda Sewer Improvements Project. The Board recently requested an update on what has been perhaps the most difficult project in recent District history and is being constructed in the wettest winter in recent history. Mr. Dolan introduced Mr. Henry Thom, Senior Engineer, who provided a status report on the South Orinda Sewer Improvements Project. Mr. Thom stated that construction began nine months ago. The project is about 40 percent complete and about 20 percent behind schedule. The schedule has been extended to the end of the year by change orders. The contractor is taking steps to accelerate the O~7 98 111 work. If the weather changes for the better, it is hoped that most of the work will be done by the end of the year. Mr. Thom reported that there have been 13 change orders to date totaling $275,000. This is 2.5 percent of the overall contract cost. Mr. Thom reviewed the status of the work. The open cut and pipe bursting work has been completed. The microtunneling work is proceeding. As the Board is aware, there have been problems relating to oak trees in the construction area, work hours and traffic impacts, and surface runoff and a slurry spill. The problems relating to oak trees in construction areas are under control at this time. The tunneling work is finished on the two sites with most of the problems and the sites are being restored. With regard to work hours and traffic issues, Mr. Thom stated that the contractor is now complying with the work hours and traffic control requirements of the City of Orinda. Staff has been working with the City and the problem seems to be resolved. A report has been submitted to the Regional Water Quality Control Board relative to the surface runoff and slurry spill into the creek. The Regional Board and staff seem positive but no written response has been received. There still may be a fine. If there is a fine, the contractor will be required to pay it. Discussion followed with regard to the restoration of areas where work has been completed and traffic delays. Mr. Thom continued his presentation and described the current difficulty the contractor was having as a result of the microtunneling machine being stuck in the pit across from the Wells Fargo Bank in Orinda. Tonight crews will be excavating down 22 feetto try to free the machine. He showed the Board samples of the hard rock and steel fragments that the machine has encountered. Mr. Thom showed slides of the work underway. Mr. Thom stated that in an effort to shorten the construction period and lessen the impact on residents and businesses, permission was requested and received from the City of Orinda and local businesses for 24-hour operation around the Payless site. The District will be doing a joint effort with the City of Orinda to fix cracks in the streets and do an overlay in the areas where open cut construction occurred. In closing, Mr. Dolan stated that our goal is to take all reasonable steps to enable the project to proceed as quickly as possible and get out of the area by the end of the year. Members Menesini and Lucey requested that areas be restored as soon as possible after construction and that construction areas be kept looking as good as possible to help diffuse public concern about the project. Mr. Dolan stated that staff will do that as soon as the arborist says it is possible to go back into the sites. 3) Following discussion, a field trip was scheduled for May 14, 1998 to visit the South Orinda Sewer Improvements Project and pumping stations in the area. Board and staff will meet at 1 :00 p.m. at the Collection Systems Operations Department Offices at 1250 Springbrook Road in Walnut Creek. 4) Mr. Dolan, General Manager-Chief Engineer, introduced Mr. John A. Larson, Director of Collection System Operations, who reported on the impact of storm related land movement on District facilities. Mr. Larson reported that there are 27 known areas with land movement in the District service area at this time. They are: . Martinez . Concord . Orinda Waterbird Way Marsh Drive Canon Drive Canyon View Drive Lost Valley Drive Miner Road Muth Drive St. Stephens Drive Washington Lane 05 07 98 112 05 . Lafayette Los Arabis Drive Mt. Diablo Boulevard Raintree Place Sessions Road St. Mary's Road (two locations) Toledo Court Quail Ridge Road Wilkinson Lane . Walnut Creek Carmel Court Richard Lane . Alamo Chantecleer Lane Incline Green Lane Tanbark Lane . Danville Hill Road Sherbourne Hills Road . San Ramon Cree Court Mr. Larson stated that of the 27 locations, only one sewer line was lost and three others were threatened. The Orinda/Lafayette area was the hardest hit. Mr. Larson stated that based on the rainfall and the extent of the damage in 1986, the collection system is in very good condition. The work done since 1986 has been effective. However, there will be additional operating costs this summer in restoring some of the sites and three to five additional projects not included in planning which will add to the costs. Mr. Larson stated that while the District generally had no causative role in these land movement cases, claims are anticipated. Mr. Larson showed slides of significant land movement in the Lafayette and Orinda areas. 5) Mr. Dolan, General Manager-Chief Engineer, stated that since the recent Board approval of the Personnel Budget, a request has been received from the Management Support/Confidential Group (MS/CG). If the Board does not object to the request, the Personnel Budget will be amended slightly to reflect this change when it is presented to the Board for final adoption on June 18, 1998. Mr. Dolan introduced Mr. Paul Morsen, Director of Administration, who stated that MS/CG has requested that a closed promotional examination instead of reclassification be used for filing the Mechanical Maintenance Superintendent position included in the Plant Operations Department Personnel Budget request. The District Memoranda of Understanding with the bargaining groups provide that an open and promotional examination rather than a closed promotional examination be used for vacancies of this type. MSCG has agreed to use the open and promotional exam. If the Board does not object, that change will be made in the Personnel Budget. Following discussion, the Board voiced no objection to the modification. 6) Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Ken Grubbs, Public Information and Graphics Coordinator, who reported on the April 26, 1998 Earth Day event at the Concord Pavilion. Mr. Grubbs stated that this is the sixth year the District has participated. It is estimated that 20,000 visitors attended. The District had a new display this year which was very successful. It provided an open atmosphere that brought people in. About 1,000 people visited the District's display. The District display had seven message areas: . About Central San/Wastewater Treatment . Integrated Pest Management (lPM) 07 98 113 . Sewer Squad . Recycled Water . Household Hazardous Waste . Water Quality . Student Education Programs Mr. Grubbs showed photographs of the District display. The display appealed to all age groups and many favorable comments were received. Mr. Grubbs thanked those who helped with the event: Bart Brandenburg, Bill Brennan, Chris Carpenter, Bill Clement, Roger and Rochelle Dolan, Cathryn Freitas, Ken Grubbs, Harriette Heibel, Cynthia Reindl of Lindsay Museum, Jade Sullivan, Tim Tullis, and Don Turk; and the display builders: Ken Grubbs, Bob Robertson, and Son Nguyen. 7) Mr. Dolan, General Manager-Chief Engineer, announced that a joint failure occurred in the M4-A pipeline between Fairview and Maltby on May 6, 1998. This pipe had suffered corrosion damage and was punctured by a railroad contractor in the past. The M4-B pipeline has also had joint failures related to faulty construction. There were both repaired and settlements reached on May 6, 1998. The M4-A pipeline had an apparent corrosion failure. The pipeline had been inspected and some repairs were done but not on the joint that failed. Approximately 75,000 gallons of raw sewage spilled into a small enclosed slough along Marina Vista. The slough has been pumped out. A repair has been installed. All the appropriate agencies have been notified. The Regional Water Quality Control Board response is unknown. Staff recognizes the possibility of a fine. An emergency authorization is not needed because the repair was handled with District employees and equipment, particularly Collection System Operations (CSO) Department and Pumping Station employees. Staff will keep the Board informed as more is learned. 8) Mr. Dolan, General Manager-Chief Engineer, stated that on Tuesday, May 5, 1998, after the Board agenda was posted, Safety and Risk Manager candidate David Clovis was selected as the preferred candidate to fill the position. As the Board will recall, Robert Homer declined. In order to avoid further delays, Mr. Dolan stated that he would like to be able to make an unconditional offer to Mr. Clovis as soon as possible. This would require Board action. He had briefed the Board Personnel Committee and obtained their support. Therefore, Mr. Dolan proposed that an item be added to the Board agenda. It was the consensus of all Board Members present, Members Lucey, Menesini, Boneysteele and Nejedly, that consideration of appointment of the Safety and Risk Manager be added to the Board agenda as Item 9.b., because the item arose after the posting of the Board agenda and, in the discretion of the Board, immediate action in required to prevent future delays in filling this necessary position. President Nejedly proceeded to Item 9.b. Human Resources. 9. HUMAN RESOURCES ADOPT RESOLUTION APPOINTING DAVID J. CLOVIS TO THE POSITION OF SAFETY AND RISK MANAGER. M-33 ($5.946-$7.228/MO.L EFFECTIVE APPROXIMATELY JUNE 1. 1998 b. Mr. Dolan distributed copies of a position paper and resolution appointing David J. Clovis to the position of Safety and Risk Manager, and recommended that Mr. Clovis be 05 07 98 114 appointed subject to his acceptance and satisfactory completion of a physical and other requirements. In the discussion it was noted that the draft resolution reflects the salary range prior to the 3.4 percent cost of living increase which was effective this month. It was moved by Member Lucey and seconded by Member Menesini, that Resolution No. 98-048, appointing David J. Clovis to the position of Safety and Risk Manager, M-33, ($5,946-$7,228/mo.), effective approximately June 1, 1998, be adopted as amended to reflect the current salary range. Motion approved on the following vote: AYES: Members: Lucey, Menesini, Boneysteele, Nejedly NOES: Members: None ABSENT: Members: Hockett At this time, President Nejedly reverted to the order of the agenda. 7. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 9) 10) 11 ) 12) b. Mr. Dolan, General Manager-Chief Engineer, announced that the District is advertising for a project to physically abandon the Bollinger Canyon Leachline. The engineer's estimate for the work is $160,000. Mr. Dolan, General Manager-Chief Engineer, announced that "Bring Your Kids to Work" Day was a great success. Seventy children attended and participated in such things as the Sewer Squad Program and tours of the Plant, Household Hazardous Waste Collection Facility, and Integrated Pest Management (lPM) Garden. Good feedback was received and the efforts of all of the people who worked on the event are appreciated. Mr. Dolan, General Manager-Chief Engineer, announced that he will be attending the Association of Metropolitan Sewerage Agencies (AMSA) Legislative Meeting in Washington, D.C. from May 16 to 20, 1998. Mr. Dolan briefly highlighted some of the pending legislation of importance to the District. Mr. Dolan, General Manager-Chief Engineer, announced that the District has been contacted by the Lamorinda School Bus Transportation Authority who wishes to locate a compressed natural gas (CNG) fueling facility at the District's Springbrook Road location in Walnut Creek. Mr. John Larson, Director of Collection System Operations, will be pursuing this opportunity for cooperation and partnering, and potential savings to the District by switching to CNG for District vehicles. Discussion followed in which Member Boneysteele expressed caution about locating a CNG fueling facility on District property. Mr. Larson indicated that a more detailed proposal is expected in the August or September time frame and will be brought to the Board. COUNSEL FOR THE DISTRICT None c. SECRETARY OF THE DISTRICT 1 ) 05 Following discussion, the first Board Meeting in June was rescheduled for Tuesday, June 9, 1998 at 2:00 p.m. to allow Board and staff attendance at the Water Reuse Research Conference in Monterey on June 4 and 5, 1998. 07 98 115 BREAK At 4:37 p.m., President Nejedly declared a recess, reconvening at the hour of 4:47 p.m., with all parties present as previously designated. d. 4) BOARD MEMBERS 1 ) President Nejedly reported on the April 20, 1998 Contra Costa Special Districts Association (CCSDA) meeting at which a representative and alternate were elected to represent special districts on the Local Agency Formation Commission (LAFCO). Mr. Dwight Meadows, of Ironhouse Sanitary District, will serve as representative and Mr. Michael Cory, of Moraga-Orinda Fire District, will serve as alternate. Mr. Dolan, General Manager-Chief Engineer, reported that other topics of discussion included a Legislative Committee report, County Treasurer Oversight Committee report, and formation of the Discovery Bay Community Services District. 2) Member Boneysteele stated that Mr. Charles W. Batts, Director of Engineering, prepared a summary of the April 30-May 2, 1998 California Association of Sanitation Agencies (CASA) Conference. At Member Boneysteele's request Mr. Batts reported on the CASA Conference, where major topics of discussion included State and Federal Legislative Committee reports; review of proposed water quality regulations; issues surrounding Proposition 224; lessons learned from the Monterey Regional Water Pollution Control Agency sewage spill; electric power deregulation; the San Francisco Bay Model demonstration; an environmental justice audit program; and moving away from the use of biosolids in agriculture. 3) President Nejedly reported on the April 30, 1998 Central Contra Costa Solid Waste Authority (CCCSWA) meeting at which District Acme Landfill litigation surplus funds were discussed. Some members of the CCCSWA Board wish to pursue this matter. It is anticipated that a written request will be received and presented to the District's counsel on this matter, Ms. Dianne Barry, of Lempres & Wulfsberg, for a legal opinion. Member Lucey, Chair of the Personnel Committee, stated that he and Member Menesini think that it would be appropriate for the five Board Members to meet to discuss the process for filling the position of General Manager-Chief Engineer upon Mr. Dolan's retirement next year. Following discussion, the Secretary of the District was asked to schedule such a meeting in the next two to three weeks. 8. ENGINEERING ADOPT A RESOLUTION INFORMING RATEPAYERS REGARDING THE DISTRICT'S POSITION ON PROPOSITION 224: THE GOVERNMENT COST SAVINGS AND TAXPAYER PROTECTION AMENDMENT a. Member Boneysteele requested that copies of the full text of Proposition 224 and the arguments in favor of and in opposition to the initiative be distributed. Member Boneysteele stated that in his opinion Proposition 224 was done as a tactic to impede privatization of the design functions of CalTrans and the Department of Water Resources. If the Board adopts the proposed resolution prepared by staff at the Board's direction, the Board would be supporting privatization. If the District is then approached for privatization, the Board would not be in a good position to oppose it. Member Boneysteele stated that he does not believe adequate consideration was given to the arguments for and against Proposition 224. Member Boneysteele asked his fellow Board Members to reconsider their previous decision to oppose Proposition 224, and urged that they vote no on the proposed resolution. Following discussion, it was agreed that this matter be continued to May 21, 1998 to allow the Board to review the arguments in favor of and in opposition to Proposition 224. 05 07 98 116 b. AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH THE CITY OF LAFAYETTE FOR SEWER REPLACEMENT IN GLENSIDE DRIVE. DP 5166. AS PART OF THE CITY'S ROHRER DRIVE AND GLENSIDE DRIVE IMPROVEMENTS PROJECT Mr. Dolan, General Manager-Chief Engineer, stated that the proposed cooperative project with the City of Lafayette is similar to the ones being done with the City of Martinez. The District would be working jointly with the City of Lafayette on a paving job and sewer improvement project. The estimated cost of the District's portion of the joint project is $140,000. Following discussion, it was moved by Member Boneysteele and seconded by Member Menesini, that the President of the Board of Directors and the Secretary of the District be authorized to execute an agreement with the City of Lafayette for sewer replacement in Glenside Drive, DP 5166, as part of the City of Lafayette's Rohrer Drive and Glenside Drive Improvements Project. There being no objection, the motion was approved with Member Hockett being absent. c. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH G. S. DODSON AND ASSOCIATES FOR THE SAN RAMON PUMPING STATION FACILITIES PLAN. DP 5910: AUTHORIZE $100.000 FROM THE COLLECTION SYSTEM PROGRAM CONTINGENCY ACCOUNT FOR THE SAN RAMON PUMPING STATION FACILITIES PLAN. DP 5910 It was moved by Member Menesini and seconded by President Nejedly, that the General Manager-Chief Engineer be authorized to execute an agreement with G. S. Dodson and Associates with a cost ceiling of $55,300 to prepare a facilities plan of the San Ramon Pumping Station Improvements, DP 5910; and that the General Manager-Chief Engineer be authorized to allocate $100,000 from the Collection System Program contingency account for the San Ramon Pumping Station Facilities Plan, DP 5910. There being no objection, the motion was approved with Member Hockett being absent. 9. HUMAN RESOURCES a. ADOPT EMPLOYEE RECOGNITION AWARD PROGRAM KNOWN AS "SUCCESS SHARING" Ms. Cathryn Freitas, Human Resources Manager, stated that she believes that the position paper reflects the agreements made by the Board in previous closed sessions. The Success Sharing Task Force met today and agrees with the program as set forth in the position paper. Member Boneysteele stated that the work was very well done. Member Menesini expressed concern about the time and work involved in calculating and tracking potential savings. Member Menesini stated that he would not want to see this program become a distraction from the normal course of business of the District. Mr. Dolan, General Manager-Chief Engineer, stated that an effort will be made to monitor the costs involved. It was moved by Member Menesini and seconded by Member Boneysteele, that the Employee Recognition Award Program known as I/Success Sharing" as set forth in the position paper, be adopted. The motion was approved with President Nejedly voting no and Member Hockett being absent. President Nejedly stated that he believes the budget for the administrative costs for this program will be high. The savings limit of $1,000 per employee will easily be found because this is a large District and there are probably a lot of things that could be done better. Although he has now been advised by staff that it had been discussed, President Nejedly stated that he did not understand during negotiations that the Employee Recognition Award Program involved paying out money. President Nejedly stated that he believes this could have been handled in a different way. 05 O~7 98 117 b. ADOPT RESOLUTION APPOINTING DAVID J. CLOVIS TO THE POSITION OF SAFETY AND RISK MANAGER. M-33 ($5.946-$7.228/MO.L EFFECTIVE APPROXIMATELY JUNE 1. 1998 The above item was added to the Board agenda in accordance with the Brown Act and taken out of order earlier in the agenda. 10. LEGAL/LITIGATION a. AUTHORIZE STAFF TO FILE SUIT IN SMALL CLAIMS COURT AGAINST MICHAEL GONCE REGARDING NONPAYMENT OF CONNECTION FEES FOR 55 LONGRIDGE ROAD IN ORINDA. CALIFORNIA In the discussion of this item, the Board requested that staff prepare a position paper delegating authority to staff to initiate actions in Small Claims Court. It was moved by Member Lucey and seconded by President Nejedly, that staff be authorized to file suit in Small Claims Court against Michael Gonce for payment of past due connection fees for 55 Longridge Road in Orinda, California, in the present amount of $3,248. There being no objection, the motion was approved with Member Hockett being absent. 11. APPROVAL OF MINUTES a. MINUTES OF REGULAR BOARD MEETING OF APRIL 2. 1998 b. MINUTES OF ADJOURNED REGULAR BOARD MEETING OF APRIL 9. 1998 c. MINUTES OF ADJOURNED REGULAR BOARD MEETING OF APRIL 13. 1 998 It was moved by Member Menesini and seconded by President Nejedly, that the minutes of the Regular Board Meeting of April 2, 1998, the minutes of the Adjourned Regular Board Meeting of April 9, 1998, and the minutes of the Adjourned Regular Board Meeting of April 13, 1998, be approved as presented. There being no objection, the motion was approved with Member Hockett being absent. 12. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED MAY 7. 1998 Member Lucey stated that he would abstain from consideration of the Expenditure List dated May 7, 1998 because it contains payment to the firm of Corbett and Kane, the law firm from which he receives deferred compensation. Member Lucey noted that the Corbett and Kane firm is merging with the Crosby, Heafey, Roach & May law firm next month. It was moved by Member Boneysteele and seconded by President Nejedly, that the Expenditure List dated May 7, 1998, including Self-Insurance Check Nos. 101438- 101447, Running Expense Check Nos. 109939-110328, Sewer Construction Check Nos. 19680-19759, and Payroll Check Nos. 48414-49106, be approved as recommended. The motion was approved with Member Lucey abstaining and Member Hockett being absent. 13. BUDGET AND FINANCE a. APPROVE THE 1998-1999 EQUIPMENT BUDGET FOR INCLUSION IN THE 1998- 1 999 DISTRICT BUDGET It was moved by Member Menesini and seconded by Member Lucey, that the 1998-1 999 Equipment Budget be approved for inclusion in the 1998-1999 District Budget to be adopted at the June 9, 1998 Board Meeting. There being no objection, the motion was approved with Member Hockett being absent. 05 07 98 118 b. RECEIVE MARCH 1998 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance expenses for the month of March 1998, noting that expenses were $113,000 greater than budget, representing a 4.9 percent unfavorable variance. Year-to-date expenses were $1.73 million under budget, representing a 4.9 percent favorable variance. For the nine months ended March 1998, revenues were $17,394,000 or $853,000 greater than budget, representing a 5.2 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 Account (LAIF) account with interest rates ranging from 5.16 percent to 6.45 percent. The latest interest rate as of March 1998 was 5.28 percent. The average yield of the LAIF account through February 1998 was 5.7 percent. President Nejedly declared that the March 1998 Financial Statements were duly received. 14. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 1 5. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None 16. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at the hour of 5:44 p.m., to reconvene at 1 :00 p.m. on Thursday, May 14, 1998 at 1250 Springbrook Road, Walnut Creek, for a field inspection of the South Orinda Sewer Improvements Project and Pumping Stations tour. ~- ~. ~~J"~ P... ident of the Board of irectors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 05 0'1 98