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HomeMy WebLinkAboutBOARD MINUTES 09-03-98 196 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON SEPTEMBER 3, 1998 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 501 9 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on September 3, 1998. President Nejedly called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Lucey, Menesini, Hockett, Boneysteele, Nejedly ABSENT: Members: None 2. PUBLIC COMMENTS Mr. David Rolley, Accounting Technician III and Vice President of the Employees' Association, addressed the Board, stating that he had originally planned to discuss difficulties Local 1 was having with management on some employee issues. That has changed and there is a sense of cooperation with management. Mr. Rolley stated that he wished to applaud and encourage management in this regard. Mr. Rolley stated that while there are still some issues to be resolved, he hopes this cooperation will continue. Mr. Rolley stated that there is a need to build trust between the Board, management, and employees. Mr. Rolley stated that he looks forward to trying to resolve further issues with management and that he will be providing periodic updates to the Board 3. CONSENT CALENDAR Member Boneysteele stated that he is a resident of Rossmoor, Parcel 49, and the Consent Calendar contains Rossmoor sewer easements. According to previous advice from Counsel, there is no conflict. Mr. Kenton L. Aim, Counsel for the District, stated that Member Boneysteele is no different from anyone else in the community and would not be affected differently. There would be no conflict from Member Boneysteele's participation in this matter. Following discussion of annexation procedures, it was moved by Member Menesini and seconded by Member Lucey, that the Consent Calendar consisting of Items a. through j. be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 98-084 accepting work and Offers of Dedication from Douglas R. Doll and Dale J. Lenci, Job 5120, Parcel 1, Brown Avenue, Lafayette area, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Lucey, Hockett, Boneysteele, Nejedly None None b. Resolution No. 98-085 accepting an easement at no cost to the District from Michael B. Park and Phyllis M. Park, Job 5240, Parcel 2, Leona Court, Alamo area, was adopted and recording was authorized. Motion unanimously approved on the following vote: 09 (J3 98 197 AYES: Members: Menesini, Lucey, Hockett, Boneysteele, Nejedly NOES: Members: None ABSENT: Members: None c. The Grant of Easement from Pleasant Hill Recreation and Park District was accepted and a Purchase Agreement in the amount of $5,300 was approved; the President of the Board of Directors and the Secretary of the District were authorized to execute said Agreement and record said Grant of Easement with the Contra Costa County Recorder, and Resolution Nos. 98-086 and 98-087 were adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Menesini, Lucey, Hockett, Boneysteele, Nejedly NOES: Members: None ABSENT: Members: None d. The President of the Board of Directors and the Secretary of the District were authorized to accept Grants of Easements for existing sanitary sewers serving the community of Rossmoor, DP 1001, Parcels 49,55,75,77,87, 88,89,90,91,92,93,94,95,96,97,98,99,100,101,102, 103, 104, 105, and 106 A through U; recording was authorized; and Resolution Nos. 98-088. 98-089. 98-090. 98-091. 98-092. 98-093. and 98-094 were adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Lucey, Hockett, Boneysteele, Nejedly None None e. Quitclaim Deed was approved to Sunset Development Company, quitclaiming a portion of sewer easement located within Lot 7 of Subdivision 5967 to the present property owners, Job 3519 (New Job 5219), San Ramon area; the President of the District Board of Directors and the Secretary of the District were authorized to execute and record said Quitclaim Deed; and Resolution No. 98-095 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Lucey, Hockett, Boneysteele, Nejedly None None f. Resolution No. 98-096 was adopted, a Resolution of Application to formally annex ten separate areas to Central Contra Costa Sanitary District under the title of District Annexation 145. Motion unanimously approved on the following vote: 09 03 98 198 AYES: Members: NOES: Members: ABSENT: Members: g. Menesini, Lucey, Hockett, Boneysteele, Nejedly None None Resolution No. 98-097 was adopted, modifying Resolution No. 98-083, a resolution of intention to undertake a demonstration project designating Charles Hill Circle as Contractual Assessment District (CAD) No. 98-2; Resolution No. 98-098 was adopted, approving the boundary of the assessment district; and Resolution No. 98-099 was adopted, requesting consent from the City of Orinda for the District to conduct proceèdings for Charles Hill CAD No. 98-2. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: h. Menesini, Lucey, Hockett, Boneysteele, Nejedly None None Resolution No. 98-100 was adopted, establishing the Sewer Construction Fund appropriations limit in the amount of $35,233,435 for the 1998-1999 fiscal year in accordance with Article XIII B of the California Constitution and selecting the change in the local assessment roll due to local nonresidential construction for use in computing the appropriations limit. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: i. Menesini, Lucey, Hockett, Boneysteele, Nejedly None None The contract work for construction of the Treatment Plant Roof Replacement, Phase II Project, DP 6120, was accepted and the filing of the Notice of Completion was authoriz"ed. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Lucey, Hockett, Boneysteele, Nejedly None None J. The contract work for the PDC Environmental Control Project, DP 71 OOA, was accepted and the filing of the Notice of Completion was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: 09 03 98 Menesini, Lucey, Hockett, Boneysteele, Nejedly None None 199 4. HEARINGS a. CONDUCT A PUBLIC HEARING: ADOPT A RESOLUTION OVERRULING PROTESTS: ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION ARTICLE XIII D. SECTION 4: ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT: AND AUTHORIZE EXECUTION OF AGREEMENT WITH ALHAMBRA WAY PARCEL OWNERS IN CONJUNCTION WITH THE DEMONSTRATION PROJECT - ALHAMBRA WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 98-1. DP 5299 Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that if the Board acts favorably on this item, the citizens of the Alhambra Way Contractual Assessment District (CAD) will proceed with the construction work to install sanitary sewers. At 2: 13 p.m., President Nejedly opened the public hearing to receive comments on the Alhambra Way CAD Demonstration Project. Mr. Curt Swanson, Principal Engineer, stated that bids have been received and the residents are ready to proceed with the proposed project once Board approval is received. The purpose of this public hearing is to announce the tabulation of ballots submitted by owners of each affected parcel indicating approval or opposition to the proposed assessment and to consider testimony from affected residents. Mr. Swanson announced that the ten participants voted unanimously in favor of proceeding with the project and imposition of the assessment. Five hundred eighty-eight feet of 8-inch diameter sewer will be installed to serve the CAD plus one non-participant should the non-participant decide to connect. Side sewers will be extended from the main to the edge of the property. Each property owner must then extend the line to their house and abandon their septic tanks. The total estimated cost of the project is $93,815 or $9,381.50 per participant. Participants can pay up front or pay an annual assessment of $1,315 for ten years. The $93,815 cost is a preliminary cost estimate and includes some contingency. When the project has been completed and all of the costs are compiled, the Board will be asked to establish the final assessments and accept the work. Mr. Bill Sharkey, a resident of the proposed Alhambra Way CAD, addressed the Board. Mr. Sharkey stated that he is present to observe and to express his appreciation of the efforts of Mr. Curt Swanson and Board Member Menesini. Mr. Sharkey stated that he and his neighbors look forward to having a sewer line in front of their homes. There being no further comments, President Nejedly closed the public hearing at the hour of 2:18 p.m. Based on the tabulation of ballots submitted by owners of each affected parcel voting unanimously in favor of proceeding with the project and imposing the assessments, it was moved by Member Menesini and seconded by Member Hockett, that Resolution No. 98- .till, A Resolution Overruling Protests, be adopted; that Resolution No. 98-102, A Resolution Confirming Compliance with California Constitution, Article XIII D, Section 4, be adopted; that Resolution No. 98-103, A Resolution Approving the Engineer's Report, Assessments, and Ordering Improvement, be adopted; and that the General Manager-Chief Engineer be authorized to execute an agreement with the Alhambra Way parcel owners. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Hockett, Lucey, Boneysteele, Nejedly None None b. CONDUCT THE CONTINUED PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED ORDINANCE TO AMEND THE DISTRICT CODE ADDING SECTION 6.20.300. SCHEDULE OF REIMBURSEMENT FEES. AND ESTABLISHING REIMBURSEMENT FEES APPLICABLE TO PROPERTY WHICH MAY BE SERVED BY THE DOUGHERTY VALLEY TUNNEL AND TRUNK SEWERS 09 0 ç' . ~i 98 200 At 2:20 p.m., President Nejedly opened the public hearing to receive and consider comments from the public regarding a proposed ordinance to amend the District Code adding Section 6.20.300, Schedule of Reimbursement Fees, and to establish reimbursement fees applicable to property which may be served by the Dougherty Valley Tunnel and Trunk Sewers. Mr. Dolan, General Manager-Chief Engineer, stated that this item has been discussed with the Board and there is no new information to present. Staff would recommend approval. There being no comments, President Nejedly closed the public hearing at the hour of 2:21 p.m. It was moved by Member Hockett and seconded by President Nejedly, that Ordinance No. .2.QI be adopted, amending the District Code adding Section 6.20.300, Schedule of Reimbursement Fees, and establishing reimbursement fees applicable to property which may be served by the Dougherty Valley Tunnel and Trunk Sewers. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Nejedly, Lucey, Menesini, Boneysteele None None 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER It was suggested that Item 7.a.5) Acme Landfill Gas Contract Status, and Item 8.b., Emergency Repair of Watershed 44 Creek Crossing, be taken out of order. 7. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 5) Mr. Dolan, General Manager-Chief Engineer, provided background on the Acme Landfill Gas contract, by which landfill gas is priced relative to the natural gas price. Mr. Dolan introduced Mr. James M. Kelly, Director of Plant Operations, who stated the unit cost discount has ranged from a high of 25 percen't to the current 10 percent, since the contract was initiated. When natural gas prices were higher this has provided a marginal economic incentive to the District to take landfill gas. Mr. Kelly briefly reviewed the status of negotiations with Acme Landfill Corporation to extend the current contract. Mr. Jim Pezzaglia, attorney for Acme Landfill Corporation, addressed the Board. Mr. Pezzaglia stated that Acme would like to continue the contractual relationship with the District. The existing contract expired at the end of August 1998. Negotiations are proceeding to try to find a fair price for everyone. Mr. Pezzaglia stated that Acme wishes to expedite the negotiation process to get a contract in place as soon as possible. Following discussion of the costs involved in producing and using landfill gas, other options for use of the landfill gas, and natural gas prices, Mr. Dolan indicated that District staff will continue to work with Acme to see if contractual arrangements can be defined that would make it attractive to both parties to continue the District's use of landfill gas. At this time, President Nejedly proceeded to Item 8.b., Engineering. O~JJ ~w..- 0.' \~':} ." ,,".'1\\." . ':'..,JI gO.."..}.. . (~~~ 201 8. ENGINEERING a. ADOPT A RESOLUTION DECLARING AN EMERGENCY FOR THE REPAIR OF THE WATERSHED 44 CREEK CROSSING. DP 5059 Mr. Dolan, General Manager-Chief Engineer, stated that the Board may declare an emergency when necessary to avoid a public calamity arising from a threat to public health and damage to the environment. Pursuant to the California Public Contracts Code, the District may expend sums required in an emergency without complying with normal statutory bidding requirements. Mr. Dolan showed slides and described the situation, stating that about 20 years ago, the District installed a 39-inch sewer across the Walnut Creek Channel just south of the Imhoff Bridge. Over the years, water has eroded the creek bottom, and the concrete encased sewer has become a dam/waterfall across the creek's low flow channel. The District has applied for the necessary permits to repair this situation. The permitting process has been very time consuming. The District now has those permits and is ready to proceed with repairs; however, the tight time lines in the permits and the impending rainy period are creating a time problem. The normal bidding process will not allow sufficient time to complete the necessary repairs before the wet weather begins and the likelihood of failure is greatly increased. District staff has obtained quotes for the work with the lowest quote being $26,000 from Monterey Mechanical. It was moved by Member Menesini and seconded by President Nejedly, that Resolution No. 98-104 be adopted, declaring an emergency for repair of the Watershed 44 Creek Crossing, DP 5059. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Nejedly, Lucey, Hockett, Boneysteele None None At this time, President Nejedly reverted to the order of the agenda. 6. BIDS AND AWARDS a. AUTHORIZE AWARD OF PURCHASE ORDER TO PACIFIC WATER RESOURCES TO SUPPLY EIGHT SCRUBBER WATER PUMPS Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Menesini and seconded by Member Lucey, that award of a purchase order in the amount of $20,895.53 for eight scrubber water pumps be authorized to Pacific Water Resources, the lowest responsible bidder. There being no objection, the motion was unanimously approved. b. AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO KAWEAH CONSTRUCTION COMPANY FOR THE FAIRVIEW/MALTBY PUMP MODIFICATIONS AND FAIRVIEW HEADER REPLACEMENT PROJECT. DP 6124 Following discussion, it was moved by Member Menesini and seconded by Member Hockett, that award of a construction contract in the amount of $135,915 for the construction of the Fairview/Maltby Pump Modifications and Fairview Header Replacement Project, DP 6124, be authorized to Kaweah Construction Company, the lowest responsible bidder. There being no objection, the motion was unanimously approved. c. AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO SPARKS ROOFING CO.. INC. FOR THE LIGHT INDUSTRIAL BUILDING. 4737 IMHOFF PLACE. ROOF REPLACEMENT PROJECT. DP 8169 It was moved by President Nejedly and seconded by Member Menesini, that award of a construction contract be authorized to Sparks Roofing Co., Inc., as the lowest responsible bidder in the amount of $110,789 for the Light Industrial Building Roof Replacement, 09 OG"J ~j 98 202 4737 Imhoff Place, Martinez, DP 8169. There being no objection, the motion was unanimously approved. a. 7. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Tim Potter, Source Control Program Superintendent, who distributed information and provided a Household Hazardous Waste (HHW) Collection Facility operations status report for the 1997-1998 fiscal year. Mr. Potter stated that a total of 9,536 cars or 5.2 percent of the number of households in the HHW service area, have used the HHW Collection Facility during the eight months of operation during the 1997/98 fiscal year. Mr. Potter showed a breakdown of HHW Program participation by jurisdiction, by month, and by day of the week. Participation has been high and this trend is continuing. Still about 75 percent of the participants say it is their first visit to the HHW Collection Facility. It is estimated that 697,089 pounds of HHW have been received and processed through the HHW Collection Facility. Mr. Potter reviewed the break down of HHW received by jurisdiction, and the quantity of reused and recycled HHW. Discussion followed in which it was indicated that the total cost for the fiscal year including start up and training was about $900,000 or under $95 per car. The District's partners in the HHW Collection Facility pay about $345,000 of that $900,000. Mr. Potter reported that about $2,000 has been received through the HHW Small Business Program. There is a high level of participation in the reuse room. Discussion followed with regard to seeking remuneration for materials which are reused. Mr. Potter reported that customer feedback on the Small Business Program has been very positive for those who participate in the program; however comments have been received that the appointment system is burdensome and they do not like the fees. Mr. Potter stated that staff is looking at the appointment system in an effort to streamline it. No good alternative has yet been identified. Future publicity of the Small Business Program will include a Central Contra Costa Solid Waste Authority billing insert and advertisements in various publications. Mr. Potter reported that three temporary HHW collection events have been held in Danville, San Ramon, and Lafayette. Most of the expenses were covered by a State grant received by the Central Contra Costa Solid Waste Authority. Two events are planned for the coming calendar year, one in Lafayette and one in Danville. In looking to the future, Mr. Potter stated that it is expected that participation in the HHW Collection Facility and the Reuse Room will remain high. Continuous improvement review of customer service, efficiency, and cost-effectiveness of operations will be ongoing. The current days and hours of operations should be maintained as participation is equally high on all of them. Publicity is planned to continue on a periodic basis. In closing, Mr. Potter stated that the HHW Collection Facility Program is a success. The Board agreed that the program is a success and thanked Mr. Potter for the update. Member Hockett left the meet at approximately 3:25 p.m. 2) Oc . : 't..~ Mr. Dolan stated that staff is considering a multi-year Capital Improvement Budget at a low level. Mr. Dolan asked that the Board keep that in mind as (-.. /,w", ':1,.... "'," .p...'. d ""I. JI {(,.J¡) 98 203 they hear the 1997-1998 Capital Improvement Budget (CIB) Year-End Status Report. Mr. Dolan introduced Mr. J.ohn Mercurio, Management Analyst, who reviewed the major projects in the Treatment Plant and Recycled Water Programs, and Collection System Program for the 1997- 1998 fiscal year. Mr. Mercurio stated that the differences between year end actual and CIB estimates are because of time related shifts in expenditures between one fiscal year and another and do not represent changes in project costs. Actual CIB revenues of $22,119,308 were $400,000 less that budget, representing a 1.7 percent unfavorable variance. Actual CIB expenditures of $25.5 million plus debt retirement of $2,221,000 were $3.86 million less than budget representing a 12.2 percent favorable variance. The Sewer Construction Fund balance at June 30, 1998 was $48,384,976. Following discussion of changes in recent months in Facilities Capacity Fee revenues, President Nejedly declared that the 1997-1998 Capital Improvement Budget Year-End Status Report was duly received. 3) Mr. Dolan, General Manager-Chief Engineer, stated that at a recent Capital Improvement Program workshop Contractual Assessment District (CAD) criteria were discussed. Member Boneysteele had removed himself from the debate on a matter of principle and the remaining four Board Members were divided two to two with regard to fixing a rigid ten-year payback period or being more flexible. Staff volunteered to work on alternative language which would provide more flexibility. Mr. Dolan introduced Mr. Curt Swanson, Principal Engineer, who is representing Mr. Jay S. McCoy, Environmental Services Division Manager. Mr. Swanson reviewed proposed language for alternative payment schedule for Contractual Assessment Districts (CADs) as follows: "If an owner cannot pay the yearly assessments and can provide proof to that effect, the owner may petition the Board of Directors to allow a lower yearly payment by extending the term of the loan coupled with the placement of a lien on the owner's property requiring the entire assessment to be paid off at the time of sale of the property or transfer of ownership." Mr. Swanson stated that this language is an attempt to respond to Board input relative to providing more flexibility to deal with hardship cases. This would allow a one-time limited review by staff. Mr. Swanson reviewed an example showing the change in annual payment based on going from a ten- year backup period to a 20-year payback period. Discussion followed with regard to the increase in the value and martketability of the home based on eliminating a failing septic tank and connecting to a sanitary sewer, and the fact that CADs themselves are a great help to homeowners with failing septic tanks. President Nejedly stated that he believed that ten years is ample time to payoff the debt. President Nejedly stated further that in all cases the entire assessment should be paid off if the home were sold or title were transferred. Member Lucey endorsed this concept as well. Mr. Dolan stated that staff is drafting CAD rules and will look into that. Mr. Kenton L. Aim, Counsel for the District, stated that in the CADs created by the District so far requiring that the entire assessment be paid when the property is sold or title is transferred has not been done and standard assessment district procedures do not require that. However, that does not mean that it could not be done. O. G . ~l O"~ -~ 98 204 Member Boneysteele stated that he has been voting yes on the individual CAD projects as they have come before the Board because they were demonstration projects. Member Boneysteele stated that he has grave concern about instituting this as policy because of the source of funds. The money used is money paid to the District by people buying into the District to take care of expansion needed in the future by means of their connecting. Here we would extend the general credit of the District to take care of people on a general basis. Member Boneysteele stated that he feels very uneasy about this as he has indicated before. Member Boneysteele cautioned against allowing repayment in twenty years on an individual basis because of hardship, stating that there could be unintended consequences. Member Boneysteele stated that he would want an ironclad opinion from Counsel before doing this. Member Boneysteele expressed concern about liberalizing this on an individual basis and stated he would be opposed to liberalizing the District's present procedures. Member Hockett returned to the meeting at the hour of 3:37 p.m. 4) 0("\ J ,z'",:i t¡;.."v f" (.~' 'l.'ytl.. '.'."...'.'".'.' ¡. ~,1; . "T" President Nejedly recapped the previous discussion with regard to an alternative payment schedule for CADs. Member Hockett stated that she supports the alternative language proposed by staff; however she would agree that the value of the home would increase and the home would likely be easier to sell. For those reasons, Member Hockett indicated that she would vote with the majority of the Board on this matter. Member Boneysteele questioned District Counsel concerning the legality of CADs and the criteria proposed. Mr. Aim, Counsel for the District, stated that he had some concerns about alternative payment schedules because of concerns about treating different classes of people differently. Mr. Aim stated that it is clear that CADs can be used, and they are not a gift of public funds. The technical questions that certain of the fees collected prescribe what they can be used for can be addressed by careful management of funds. As long as 100 percent of the funds are funded by participants in the CAD and the District has a mechanism in terms of financing that is not a gift of public funds, CADs are legal. Member Boneysteele questioned who would be responsible for going back into the records and researching where the money came from. Mr. Dolan stated that District Counsel expressed his concerns during the initial development of the CAD program and the CAD program was set up taking District Counsel's concerns into consideration. Member Boneysteele asked his question again of Mr. Aim. Mr. Aim stated that Principal Engineer Jarred Miyamoto-Mills, some other staff member, or an outside auditor could review this to be sure that allocations are properly made. This is similar to what is done when the appropriations limit is calculated. Mr. Boneysteele stated that he wants to be sure that a competent attorney who specializes in this field reviews this to ensure that the District complies with the law. Mr. Aim stated that is being done. Mr. Dolan, General Manager-Chief Engineer, reported that Mr. Brian Quinn, a resident on Mt. View Drive in Lafayette, and the Tanglewood Homeowners, Association continue to be at odds over the necessary easements to serve Mr. Quinn's property. Mr. Dolan introduced Mr. Charles W. Batts, Director of Engineering, who reported that the District has received title reports and has filed notice with the Tanglewood Homeowners Association of the District's intention to do an appraisal. There has been some discussion in which representatives of the Tanglewood Homeowners' Association had forbid District employees to enter the easements to do the survey. District Counsel's office has been in contact with the Tanglewood ('. "".." , .'¡'.,'" ..) ~£,~ 'It.. ,""" b. c. 205 Homeowners' Association and they may be reconsidering their position. If they matter is not resolved in the near future, initiation of condemnation proceedings will be calendared as soon as the legal time lines will allow. Member Lucey urged staff to move with all deliberate speed. Mr. Dolan indicated that staff is proceeding as quickly as possible. 5) The status of the Acme Landfill gas contract was taken out of order earlier in the agenda. 6) Mr. Dolan, General Manager-Chief Engineer, announced that the microtunneling machine working at Glorietta Boulevard in Orinda ran into a thrust block which was restraining a valve on a connection to an East Bay Municipal Utility District (EBMUD) transmission main last week resulting in a major leak. What should have been a relatively simple repair was complicated by the fact that EBMUD required about 1 8 hours to isolate and drain the pipe. EBMUD had failed to locate the pipe and valve when they marked the line for the Underground Service Alert (USA). District staff delivered bottled water to the residents out of service. 7) Mr. Dolan, General Manager-Chief Engineer, announced that on August 25, 1998, East Bay Municipal Utility District (EBMUD) approved the final Environmental Impact Report (EIR) for the Lamorinda Recycled Water Project, a joint project between EBMUD and the District. Member Boneysteele forwarded a news article from the Rossmoor News on this matter. Staff will follow up. 8) Mr. Dolan, General Manager-Chief Engineer, announced that the District is advertising for bids for the 1998 Storm Damage Repair Project. The engineer's estimate for the four small projects if $250,000. 9) Mr. Dolan, General Manager-Chief Engineer, announced that at the next Board Meeting the first round of Success Sharing cost saving ideas will be presented to the Board. A position paper will follow at the following Board Meeting. At that time the Board will be asked to make a decision. The Success Sharing Task Force has reviewed a number of ideas and passed along four ideas to the Senior Management Team for consideration. Mr. Dolan briefly described the ideas and stated that the Senior Management Team will be reviewing the ideas and will be able to make a recommendation to the Board at the next Board Meeting. COUNSEL FOR THE DISTRICT None SECRETARY OF THE DISTRICT 1 ) Ms. Joyce E. Murphy, Secretary of the District, reported that Contra Costa County Registration-Election Department failed to include the District on a mailing list and so we were not advised of the requirement or deadline for filing semi-annual campaign statements. When this came to the District's attention, the County was contacted. The County will be forwarding the information and the forms to the District. When it is received copies will be provided to each Board Member. Ms. Marjo Keller, Election Processing Supervisor, has assured us that there will be no penalty for failure to meet the July 31, 1998 deadline since we did not receive the information or information. O~; Q ~)' O. '."".'.¡ . -I' ~) 9. ~.'-..j9. ,~"' . (, ~- 206 BREAK President Nejedly declared a recess at the hour of 4: 12 p.m., reconvening at the hour of 4:22 p.m. with parties present as previously designated with the exception of Member Hockett. d. BOARD MEMBERS 1 ) Member Lucey, Chair of the Personnel Committee, reported that he and Member Menesini attended a Personnel Committee meeting on August 17, 1998. At that meeting authorization was given to fill the vacant Pumping Stations Superintendent position in the Plant Operations Department and an update was provided on ongoing personnel matters. 2) Members Boneysteele and Menesini and Director of Engineering Charles W. Batts reported on the August 19-22, 1998 California Association of Sanitation Agencies (CASA) meeting as detailed in the written report prepared by Mr. Batts. Major topics of discussion at the meeting included Total Mass Daily Limits (TMDLs), watershed management, and effects on the National Pollutant Discharge Elimination System (NPDES) permits; the current status of the Clean Water Act and the California Toxics Rule; citizen lawsuits; pending legislation; competitiveness and re-engineering; disaster planning; enforcement issues including agency liability and chief operator liability; and election of officers. Member Hockett returned to the meeting at the hour of 4:40 p.m. 3) 4) Member Menesini announced that he visited the new offices of Raines, Melton & Carella in Lafayette. Member Menesini announced that the Environmental Alliance is developing a web site which should have particular interest for high school students. 8. ENGINEERING AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH G.S. DODSON AND ASSOCIATES FOR THE DESIGN OF IMPROVEMENTS FOR THE LOWER ORINDA. ORINDA CROSSROADS. AND MORAGA PUMPING STATIONS. DP 5237 a. Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Tad Pilecki, Senior Engineer, who introduced Mr. Andrew Antkowiak, Associate Engineer and Project Manager for the Lower Orinda, Orinda Crossroads, and Moraga Pumping Stations Project. Mr. Pilecki stated that there are eight pumping stations in the Orinda/Moraga area and six of those feed into the Orinda Crossroads Pumping Station. These pumping stations are near creeks which feed into East Bay Municipal Utility District reservoirs. In 1986 the District prepared a Pumping Station Master Plan with the following operating goals: . . . . Firm pumping capacity; Equipment reliability; Ease of maintenance and operation; and Safety. The Orinda Crossroads and Moraga Pumping Stations are nearly identical pumping stations built in 1959. They are part of the long-term program. The next phase of that program was planned for five years from now but with the overflow at the Orinda Crossroads Pumping Station in February 1989, some issues were identified that created an urgency to accelerate those projects. Mr. Pilecki showed slides of the existing conditions at the pumping stations and described the proposed improvements. The Lower Orinda Pumping {\ (:~ ".. J '~..t? f. .""". r:., ~ "1 ~...e' ~;)1 't.) ~)8 207 Stations is the oldest active pumping station in the District service area. It is about 50 years old. The electrical and mechanical equipment is obsolete and difficult to maintain. The area is congested, making expansion of the pumping station difficult. In 1996 G.S. Dodson was hired to determine if the existing pumping station structure could be rehabilitated. The construction cost estimate for that work was $4.5 million, indicating that other options should be explored, including building a new pumping station on a different site. A potential site 150 feet across the creek from the current pumping stations has been identified. It is open area and is available for this use. The golf course is willing to do a land swap and the City of Orinda is willing to provide support and assistance to the District through the necessary General Plan amendments. The District is now at the conceptual stage in working with the City and a consultant. At a future Board Meeting, staff will come back to the Board for direction and a decision as to which alternative should be pursued. Member Lucey stated that he expressed concerns to staff earlier this week. In response to questions from Member Lucey, Mr. Pilecki stated that about $46,000 of the requested $450,000 will be used for the engineering analysis of the Lower Orinda Pumping Station. Because of the $4.5 million construction cost estimate for rehabilitating the Lower Orinda Pumping Station, staff felt it was prudent to consider other alternatives to identify the most cost effective option. Member Lucey stated that he is leery of going forward with the City of Orinda because of the outrageous demands they have made in the past. Member Lucey stated that he would support the expenditure of $46,000 at this time but would not be in favor of spending any more without definite cost estimates. It was moved by Member Hockett and seconded by Member Menesini, that the General Manager-Chief Engineer be authorized to execute a cost reimbursement agreement with a cost ceiling of $451,400 with G.S. Dodson and Associates for design services related to the Lower Orinda, Orinda Crossroads, and Moraga Pumping Station Improvement Project, DP 5237. There being no objection, the motion was unanimously approved. b. ADOPT A RESOLUTION DECLARING AN EMERGENCY FOR THE REPAIR OF THE WATERSHED 44 CREEK CROSSING. DP 5059 This item was taken out of order earlier in the agenda. Member Boneysteele requested to be excused and left the meeting at the hour of 4:00 p.m. c. ADOPT A RESOLUTION OF INTENTION TO UNDERTAKE A DEMONSTRATION PROJECT DESIGNATING HAVEN LANE AS CONTRACTUAL ASSESSMENT DISTRICT NO. 98-3 FOR THE PURPOSE OF INSTALLING SEWER IMPROVEMENTS: ADOPT RESOLUTIONS TO PROCEED WITH CONTRACTUAL ASSESSMENT DISTRICT NO. 98-3 Following discussion, it was moved by Member Hockett and seconded by Member Menesini, that Resolution No. 98-105, a resolution of intention to undertake a demonstration project designating Haven Lane as Contractual Assessment District (CAD) No. 98-3 for the purpose of installing sewer improvements, be adopted; that Resolution No. 98-106, a resolution approving the boundary map of CAD No. 98-3, be adopted; and that Resolution No. 98.107, a resolution requesting consent to conduct assessment proceedings for CAD No. 98-3, be adopted. Motion approved on the following vote: AYES: Members: Hockett, Menesini, Lucey, Nejedly NOES: Members: None ABSENT: Members: Boneysteele d. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH MONTGOMERY WATSON ENGINEERS. INC. FOR THE FINAL DESIGN OF THE PLEASANT HILL RELIEF INTERCEPTOR PROJECT. PHASES 4 AND 5.DP5170 O. ð..A~., -¡;j ~ 11::.../' 0'. ~.'. ('.....: i' ù) 9. . '."".'.¡'... c.. ~. ,." 208 It was moved by President Nejedly and seconded by Member Menesini, that the General Manager-Chief Engineer be authorized to execute a cost plus fixed fee agreement with a cost ceiling of $91,413 with Montgomery Watson Engineers, Inc. for the final design of the Pleasant Hill Relief Interceptor and Recycled Water Line Project, DP 5170. There being no objection, the motion was approved with Member Boneysteele being absent. 9. CORRESPONDENCE a. NOTE RECEIPT OF E-MAIL DATED AUGUST 14. 1998 FROM MR. PHILIP NEFF OF ORINDA. AND THE RESPONSE FROM THE ENGINEERING DEPARTMENT CONCERNING THE SOUTH ORINDA SEWER IMPROVEMENT PROJECT Receipt of the E-Mail dated August 14, 1998 from Mr. Philip Neff of Orinda, and the response from Mr. Charles Batts, Director of Engineering, was noted. This item was presented for the Board's information. No action was taken. 10. APPROVAL OF MINUTES a. MINUTES OF REGULAR MEETING OF JULY 16. 1998 b. MINUTES OF REGULAR MEETING OF AUGUST 6. 1998 c. MINUTES OF ADJOURNED REGULAR MEETING OF AUGUST 17. 1998 It was moved by Member Menesini and seconded by Member Hockett, that the minutes of the regular meeting of July 16, 1998, the minutes of the regular meeting of August 6, 1998, and the minutes of the adjourned regular meeting of August 17, 1998, be approved as presented. There being no objection, the motion was approved with Member Boneysteele being absent. 11. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED SEPTEMBER 3. 1998 President Nejedly, member of the Budget and Finance Committee, stated that he and Member Boneysteele reviewed the expenditures and found them to be satisfactory. It was moved by President Nejedly and seconded by Member Lucey, that the Expenditure List dated September 3,1998, including Self-Insurance Check Nos. 101466-101478, Running Expense Check Nos. 112343-112893, Sewer Construction Check Nos. 20084- 20208, and Payroll Check Nos. 48429-49440, be approved as recommended. There being no objection, the motion was approved with Member Boneysteele being absent. 12. BUDGET AND FINANCE a. REVIEW AND APPROVE THE STATEMENT OF INVESTMENT POLICY Mr. Dolan, General Manager-Chief Engineer, stated that no changes are recommended to the District's Statement of Investment Policy. The Board is requested to renew the Statement of Investment Policy. It was moved by Member Menesini and seconded by Member Hockett, that the Central Contra Costa Sanitary District Statement of Investment Policy be renewed and approved. There being no objection, the motion was approved with Member Boneysteele being absent. b. RECEIVE JULY 1998 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance for the month of July 1998, noting that expenditures were $328,000 less than budget, representing an 11.6 percent favorable variance. Revenues of $1.424 million were $116,000 greater than budget, representing an 8.8 percent favorable variance. Ms. (), ~.~.::) ".' " , ,..", C" ,~"".:, i ~..... '~.'.. ..'.....' ;, 'j ~' ';i¡ ~ . .." 9°~"": "-,,, :.."1 , ..". 209 Ratcliff noted that this is the first month the separate overtime line item appears. That line item is $4,000 under budget for the month of July 1998. This is also the first month that utilities are no longer being accrued. 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 5.16 percent to 6.45 percent. The latest interest rate as of July 1998 was 5.45 percent. The average yield of the LAIF account through June 1998 was 5.67 percent. President Nejedly declared that the July 1998 Financial Statements were duly received. 13. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 14. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None 15. CLOSED SESSION a. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a). The title of the litigation discussed was Rick Brummett, Jeannine Brummett, Mark Goings, Linda Goings, David Grubb, Sue Grubb, Cory Ness, and Kim Ness v. East Bay Municipal Utility District, CCCSD, et al (Cree Court), Contra Costa County Superior Court Case No. C97-04571. At 5:07 p.m., President Nejedly declared the closed session to discuss existing litigation as noted above. At 5:50 p.m., President Nejedly concluded the closed session and reconvened the meeting into open session. 16. REPORT OF DISCUSSIONS IN CLOSED SESSION No decisions were made or votes taken in closed session which require reporting at this time. 17. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at the hour of 5:51 p.m. ~'~ Ct. n6rt'Ld~ Pr Ident of the Board f Direc ors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 09 \: o~s 9QJ ~ ~.)