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HomeMy WebLinkAboutBOARD MINUTES 11-05-98 245 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON NOVEMBER 5, 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 November 5, 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 None 3. CONSENT CALENDAR Member Boneysteele requested that Item C., Amendment to the Current Landfill Gas Agreement with Acme Fill Corporation, be pulled from the Consent Calendar for discussion. It was moved by Member Boneysteele and seconded by Member Lucey, that the Consent Calendar, consisting of Items a. through e. excluding Item c., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 98-147 accepting work and Offers of Dedication from Brian F. Quinn, et ux, Job 5288, Parcel 1, Redwood Lane, Lafayette area, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Lucey, Menesini, Hockett, Nejedly None None b. The contract work for the Condenser Cooling Water Project, DP 6104, 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: Boneysteele, Lucey, Menesini, Hockett, Nejedly None None d. Resolution No. 98-148 was adopted, confirming the publication of District Ordinance No. 207, which amends 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. 11 05 98 246 Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Lucey, Menesini, Hockett, Nejedly NOES: Members: None ABSENT: Members: None e. Resolution No. 98-149 was adopted, confirming the publication of District Ordinance No. 208, which amends the District Code Section 2.20.040 D., revising the filing date of Annual Statements of Economic Interest. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Lucey, Menesini, Hockett, Nejedly None None At this time, President Nejedly proceeded to Item 3.c. which had been pulled from the Consent Calendar for discussion. Member Boneysteele requested a more detailed explanation of the proposed amendment to the current landfill gas agreement with Acme Fill Corporation. Mr. Kenton L. Aim, Counsel for the District, provided an overview of the agreement and proposed amendment. Discussion followed in which Member Lucey stated that he would vote against the proposed amendment becausl:! he does not feel it is a good deal for the ratepayers. Member Lucey stated that staff did a good job in negotiating the proposed amendment and did as three members of the Board requested, but he believes that reasonable people can disagree. President Nejedly indicated that he would vote against the proposed amendment because there is insufficient savings in the cost of landfill gas compared to the cost of natural gas. It was moved by Member Menesini and seconded by Member Hockett, that the General Manager-Chief Engineer be authorized to execute an amendment to the current landfill gas sales agreement with Acme Fill Corporation. The motion was approved with Members Lucey and Nejedly voting no. 4. HEARINGS a. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY TO ACQUIRE SEWER LINE EASEMENTS BY EMINENT DOMAIN FOR THE TANGLEWOOD/MOUNTAIN VIEW DRIVE PROJECT The public hearing was canceled because the necessary easements have been acquired and a Resolution of Necessity is not needed. 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Roger J. Dolan, General Manager-Chief Engineer, requested that Item 8.a., Engineering, be taken out of order since it relates to the above hearing and interested persons are present. The Board agreed. President Nejedly proceeded to Item 8.a., Engineering. 8. ENGINEERING a. ACCEPT GRANT OF EASEMENT FROM TANGLEWOOD HOMES ASSOCIATION. JOB NOS. 1041. 1741. AND 4262. LAFAYETTE AREA. AT A COST OF $2.800 Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Jay S. McCoy, Environmental Services Division Manager, who reported that discussions between the District and 11 05 98 247 Tanglewood Homes Association were successful in obtaining two easements. One easement is over existing sanitary sewer pipelines located in Tanglewood Drive and Tanglewood Lane. The second easement is a new easement for a future sanitary sewer in Mountain View Drive to serve upstream properties. The cost of this easement will be reimbursed by the upstream properties. In response to questions of Mr. Brian Quinn, 808 Mountain View Drive, Lafayette, Mr. Aim, Counsel for the District, stated that the Offer of Dedication of the easement for the future sanitary sewer has been recorded. When the work is completed the District will accept the easement. The offer is an irrevocable offer and it is the standard way in which the District does business. In response to further questions from Mr. Quinn, Mr. McCoy stated that there are no additional fees other than normal fees for this type project such as normal District fees, engineering fees tor design, and contractor fees for installation. Mr. Quinn thanked Mr. McCoy, his staff, and the Board for their assistance on this matter. Mr. Quinn presented checks in a total amount of $5,100 to the District to cover costs associated with this project. It was moved by Member Menesini and seconded by Member Hockett, that an easement be accepted from Tanglewood Homes Association, Job Nos. 1041, 1741, and 4262, at a cost to the District of $2,800; that said Grant of Easement be recorded; and that Resolution No. 98-150 be adopted to that effect. The motion was unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Hockett, Lucey, Boneysteele, Nejedly None None At this time President Nejedly reverted to the order of the agenda. 6. BIDS AND AWARDS a. AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO KIRKWOOD-BL Y. INC.. FOR THE RELOCATE BIOASSAY TRAILER AND EFFLUENT SAMPLE POINT PROJECT. DP 6130 Following discussion of the proposed benefits of this project and the way in which it fits with the proposed Laboratory Project, it was moved by Member Menesini and seconded by Member Hockett, that award of a construction contract in the amount of $34,494 for the construction of the Relocate Bioassay Trailer and Effluent Sample Point Project, DP 6130, be authorized to Kirkwood-Bly, Inc., the lowest responsible bidder. There being no objection, the motion was unanimously approved. 7. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that a significant amount of work has been done on the Year 2000 compliancy issue, but there is still a lot of work that remains on that project. Management Information System (MIS) and Plant Operations Department staff are leading that effort for the District, assisted by representatives throughout the District. Mr. Dolan introduced Mr. Mark Greenawalt, MIS Administrator, who stated that the Year 2000 problem is the storing of the year format as two digits rather than four digits due to expensive memory and limited disk space years ago. Problems can occur with chips, operating systems software, and software applications. The computer system may garble date related data or cease to operate entirely. Mr. Greenawalt stated that dates to be aware of include January 1, 2000 when the format 00 may be seen as the year 1900; February 29, 2000 since the year 1900 was not a leap year; and September 11 05 98 248 9, 1999 which may be seen as 9999 the format used for self test mode. Mr. Greenawalt reviewed the areas of concern including HTE/MainSaver, computer network, desktop personal computers, telecommunications, Sewer/Fleet Maintenance (CSO), and AM/CADD (Engineering), indicating areas that are compliant and areas where there are some problems that are scheduled to be corrected. Mr. Greenawalt stated that a task force has been formed with representatives from the Headquarters Office Building, Plant Operations Department, Engineering, and Collection System Operations Department. The task force will develop and prioritize the injtial task list; formulate documentation containing task, contacts, time line, resolution, and other vital information; and involve other District staff as necessary. Vendors will be contacted and requested to provide written confirmation of the company's or product's Year 2000 compliance. Contingency plans will be devised for all areas of COncern. All hardware and software will be . tested wherever possible. Mr. Greenawalt reviewed the estimated time line which calls for completion of all tasks by the third quarter of 1999. Discussion followed with regard to reporting requirements to governmental agencies concerning the costs for the District to become Year 2000 compliant, problems related to embedded chips, problems associated with older desktop personal computers, and the need to ensure that the plant, pumping stations, and other processes continue uninterrupted. Mr. James M. Kelly, Director of Plant Operations, reviewed the preliminary findings with regard to areas of concern in the Plant Operations Department including the centralized computer control system, digital controllers, and Laboratory Information Management System (LlMS), indicating areas that are compliant and areas where there are some problems that are scheduled to be corrected. Mr. Kelly stated that the Year 2000 Compliancy Action Plan for the Plant Operations Department includes mobilization, inventory, assessment, correction/repair, testing/validation, and contingency preparation. These tasks are scheduled for completion before September 9, 1999, the first of the problematic dates. Following discussion, Mr. Dolan stated that staff will keep the Board advised. At this time, Mr. Dolan, General Manager-Chief Engineer, introduced Ms. Michele Pia, President of the Association of Metropolitan Sewerage Agencies (AMSA) and an employee currently on leave from the City of San Francisco. The Board welcomed Ms. Pia. 11 2) Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Phil Snyder, Senior Chemist, who provided an update on the Laboratory Information Management System (LlMS) Project. Mr. Snyder showed a diagram of LlMS and described the system of computers and the software that runs them. LlMS makes laboratory information more readily available to those outside the laboratory. The need for this project was first recognized by the District's Management Information System (MIS) Committee and approved by the Board in 1996. The vendor was selected through a competitive bidding process. LlMS was installed, tested, modified, and refined in late 1997 and early 1998. A very complex report package was supplied by the vendor. Some bugs were discovered in the monthly reports and those are currently being repaired by the vendor and should be on line within a couple weeks. Reports are being developed by District laboratory staff. These electronic reports replace the clipboards and paper reports previously used. Laboratory staff have received formal classroom training and additional on- the-job training. LlMS officially went on line on July 1, 1998. At that time, we were running at about 50 percent. All the remaining elements of LlMS should be completely on line in the near future. The major focus to date has been on laboratory operations. The installation of the laboratory portion of the project is almost complete. It has been done with in-house staff at a considerable savings to the District. Once the laboratory portion is 05 98 4) 249 complete, the data w,U be made available to customers of laboratory data on the' District network. The project is 85 percent complete and about 85 percent of the budget has been expended. The installation will be completed by late winter. Following discussion of off site storage and transition of data, the Board thanked Mr. Snyder for the update. 3) Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Don Berger, Associate Engineer, who provided an update on the Laboratory Improvements Project DP 7172, and the trip made by staff and Member Menesini to the City ot'Portland's laboratory. Mr. Berger stated that a visit was made to the Portland, Oregon laboratory facility because that is a showcase facility incorporating a new design. The floor plan of the laboratory was designed with a series of horseshoe shaped biological and chemical analysis areas. That concept has been incorporated into the proposed design for the District laboratory. Mr. Berger showed slides of the City of Portland laboratory facility. Mr. Berger stated that the last time the District Laboratory Improvements Project was discussed with the Board, a number of sites and alternatives were being considered. Mr. Berger reviewed the cost summary of alternatives evaluated including renovate and expand existing labOratory estimated at $6.1 million, construct new laboratory in parking lot north of existing laboratory estimated at $4.7 million, and construct new laboratory in grass area near the Ultraviolet (UV) Disinfection Facility estimated at $4.2 million. Mr. Berger stated that the cost of renovating the existing laboratory includes the cost for relocating the staff and laboratory operation during construction, and the cost of the new laboratory in the parking lot includes additional costs for construction of new parking. The project estimates also include additional costs for upgrading some pieces of analytical equipment nearing the end of their useful lives. Mr. Berger stated that the recommended alternative is construction of a new laboratory in the grass area near the UV Facility because it has the least cost and is an excellent location. Mr. Berger showed conceptual drawings and described the proposed 8,700 square foot laboratory facility. Mr. Berger reviewed the project schedule which began with a predesign study and evaluation of site alternatives in May 1 998 and calls for project completion in November 2000. Discussion followed with regard to the proposed size and estimated life of the laboratory facility, recent changes in technology which have made analytical equipment smaller, and ensuring that there is adequate laboratory space per analyst. Mr. Dolan indicated that he would respond to concerns raised by some Board Members concerning adequacy of the laboratory size and report back to the Board. Mr. Dolan, General Manager-Chief Engineer, stated that after the second overflow ~o San Pablo Creek on October 1, 1998, by the contractor, Mountain Cascade and Nada Pacific, he personally held a series of meetings with Montgomery Watson to understand how this could happen without their discovery and intervention, and with Mountain Cascade asking them to show cause why they should not be removed from the job for repeated violations of specified constraints and regulations imposed to minimize construction impacts on traffic and the environment. Mr. Dolan stated that neither meeting was entirely satisfactory. However, Montgomery Watson understands the issues and complexity of the situation, and has taken appropriate steps to respond. He remains dissatisfied with the response from Mountain Cascade. Mr. Dolan introduced Mr. William E. Brennan, Capital Projects Division Manager, who reported that there were problems on the South Orinda Sewer Improvements Project today. Mr. Brennan stated that first he would give a general project update, then describe the most recent problems. Mr. 11 05 98 250 11 Brennan stated that all pipeline installation on the project has been completed. On October 30, 1998, the last microtunneling push was completed. The equipment is gone from the site as of today. The contractor is working on the construction of manholes, surface restoration, and pipe testing. Diversion structures near TR6 and TR8 must be constructed. Landscaping work for TR4, TB6, and TB8 was not included in the contractor's scope of work and will be performed by specialists under other District contracts. District management met with the contractor regarding the recent spill, traffic control problems, community concerns, and timely completion of the project. There has been no violation of traffic control rules since the last meeting. Construction of diversion structures, one across from McDonnell's Nursery and another at the end of the project on Glorietta and Orchard Road, both will require construction in the street. Between 9:00 a.m. and 2:30 p.m. traffic controls will be in place with only one lane of traffic open. The new pipeline is a relief pipeline. The diversion structures are required to prevent overflows from the existing pipeline. Mr. Brennan stated that with regard to community concerns relating to restoration of sites, the disagreement between two homeowners at the Glorietta Road and Moraga Way intersection concerning buying/selling a portion of their property continue. Unless the homeowners reach agreement very soon, the proposed landscaping cannot be done before the wet weather begins. The other outstanding issues between homeowners have been resolved. Mr. Brennan stated that at the October 21, 1 998 meeting with the contractor, the contractor was presented with a schedule for progress on the remaining work. Progress has been made but not as much progress as District staff would like. Early today there was a serious problem on the job site. There was another stormwater violation. The contractor was excavating the site known as TB6, and was pumping without proper sediment removal. The contractor pumped stormwater out of the pit and it ran into a catch basin. District staff does not yet know if the stormwater went into the creek. A Regional Water Quality Control Board (RWQCB) inspector was in the area early this morning and observed the situation. District staff has already written a letter to the contractor putting them on notice. The RWQCB contacted District staff and the General Manager-Chief Engineer. The contractor has been directed to clean up the area and the catch basin. This is the third stormwater discharge problem on this project. The District is likely facing another fine. Mr. Brennan stated that his information is not complete since the incident happened only this morning. More information will follow. Mr. Dolan stated that this is very serious. Mr. Dolan stated that he has placed a call to the President of Mountain Cascade. District staff is considering all options to get the contractor's attention or terminate the contract and have another contractor brought in to get the job done, and get out of the area. Mr. Dolan stated that it is difficult for him to understand how this could happen after the meetings that were just held with the contractor and with the contractor' reputation on the line. Member Lucey requested information on the District's legal options, including pulling the contractor's security bond. Member Lucey stated that if the delay is the only problem, he would be happy to go to the Orinda City Council and explain to them that delay would be in their best interest. Mr. Kenton L. Aim, Counsel for the District, recommended that he and District staff evaluate the options over the next couple days. It may be necessary to call a special Board Meeting. Member Menesini commended District staff for the great job they have done in coping with these problems. Member Lucey congratulated District staff 05 98 b. c. 251 on their quick reactions and remediation efforts. Member Menesini stated that he. did receive a c~1I from Dr. Hagen indicating that his problems were being resolved and thàt District staff is doing a good job. Member Lucey agreed, indicating that the Collection System Operations (CSO) Department crews did an excellent job in responding and cleaning up the creek. . ;. President Nejedly stated that all options must be considered. If necessary, a special Board Meeting may be called. The District's credibility with the RWQCB is at stake. Mr. Dolan stated that District staff is working diligently to get the job done. Staff will keep the Board informed. . 5) Mr. Dolan, General Manager-Chief Engineer, announced that there will be a fundraising breakfast for the United Way/Combined Health Appeal on Tuesday, November 17" 1998 at 7:00 a.m. The Board is invited to attend. Memb~r Lucey will be the speaker, representing Battered Women's Alternatives. 6) Mr. Dolan, General Manager-Chief Engineer, announced that the District assisted the Pacheco Fire Department yesterday. A cannister said to contain dynamite was left at the Pacheco Fire Department. The District was contacted by the Sheriff's Department and the U.C. Berkeley Bomb Disposal Unit, and responded by providing a remote location to safely detonate the cannister. The cannister was found to contain high charge explosives. 7) Mr. Dolan, General Manager-Chief Engineer, announced that the refinancing of the District debt has been completed, achieving a present value benefit to the District of $765,000. That money will be realized in two increments. There will be a $373,000 reduction in debt service on September 1, 1999, and a $485,000 reduction in debt service on July 1, 2000. Mr. Dolan stated that this comes at a propitious time and will be factored into rate increase considerations, perhaps reducing the need for a rate increase in those years. The actual interest on the new debt will be 3.5 percent to 4.7 percent. The debt will expire in the year 2014, the same date as the old issue. COUNSEL FOR THE DISTRICT 1 ) Mr. Kenton L. Aim, Counsel for the District, announced that next week he will be attending a conference for sanitation and water lawyers put on by the Association of Metropolitan Sewerage Agencies and the American Water Works Association. SECRETARY OF THE DISTRICT 1 ) Ms. Joyce E. Murphy, Secretary of the District, announced that her current employment contract will expire on June 30, 1999. As required by that contract, the Board must be notified prior to the end of November of every year subsequent to 1997 that the term of the contract will be extended automatically on a year-by-year basis unless either party notifies the other before December 31 of the year before the contract is to expire of its intention to modify or not to extend the contract. Ms. Murphy stated that she would not propose any changes to her contract. If the Board wishes to modify or intends not to extend the employment contract, they were asked to advise staff before December 31, 1998 so the matter can be placed on the Board agenda. Otherwise, the contract will automatically be extended for one year until June 30, 2000. 11 98 05 252 d. BOARD MEMBERS 1 ) Mr. Dolan, General Manager-Chief Engineer, briefly reported on the October 19, 1998 Contra Costa Special Districts Association meeting at which nominations for the Local Agency Formation Commission (LAFCO) special district alternate representative were received. At the next Central Contra Costa Sanitary District Board Meeting, the Board will have the opportunity to vote on that matter. 2) Member Lucey, Chair of the Personnel Committee, reported that he and Member Menesini met with staff on October 26, 1998. Various benefits calculations were reviewed. 3) Member Hockett reported that the District hosted the October 29, 1998 meeting of the Sanitation and Water Agencies of Contra Costa County. Mr. Bart Brandenburg, Pollution Prevention Program Superintendent, reported on the District's Integrated Pest Management (lPM) Program. The tours of the Household Hazardous Waste Collection Facility were very well done and were well received. The business meeting was followed by dinner in the Maintenance and Reliability Center (MRC). The Board commended staff for the excellent presentation, tours, and work that made the event a success. BREAK At 4:20 p.m., President Nejedly declared a recess, reconvening at the hour of 4:30 p.m. Member Menesini had requested to be excused and left the meeting. 8. ENGINEERING a. ACCEPT GRANT OF EASEMENT FROM TANGLEWOOD HOMES ASSOCIATION. JOB NOS. 1041. 1741. AND 4262. LAFAYETTE AREA. AT A COST OF $2.800 This item was taken out of order earlier in the agenda. 9. REAL PROPERTY a. APPROVE THE EXTENSION OF PROPERTY LEASE #A0136K FOR PARCEL C.2. ASSESSOR'S NO. 159-140-52 TO COUNTY QUARRY PRODUCTS Mr. Dolan, General Manager-Chief Engineer, stated that staff has reviewed the commercial aspects of this contract and recommends approval of the contract and increase in rent. It was moved by Member Lucey and seconded by Member Boneysteele, that approval be given to the extension of Property Lease A0136K for five additional years with County Quarry Products and a revised lease amount of $3,750 per month. There being no objection, the motion was approved with Member Menesini being absent. 10. APPROVAL OF MINUTES a. MINUTES OF REGULAR BOARD MEETING OF OCTOBER 1. 1998 b. MINUTES OF ADJOURNED REGULAR BOARD MEETING OF OCTOBER 7. 1998 It was moved by Member Boneysteele and seconded by Member Lucey, that the minutes of the Regular Board Meeting of October 1, 1998 and the minutes of the Adjourned Regular Board Meeting of October 7, 1998, be approved as presented. There being no objection, the motion was approved with Member Menesini being absent and Member Hockett abstaining because she was not present at the meeting of October 1, 1998 and a portion of the meeting of October 7, 1998. 11 05 98 253 11. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED NOVEMBER 5. 1998 It was moved by Member Boneysteele and seconded by President Nejedly, that the Expenditure List dated'November 5,1998, including Self-Insurance check Nos. 101486- 101489, Running Expense Check Nos. 113802-114234, and Sewer Construction Check Nos. 20370-20437, be approved as recommended. There being no objection, the motion was approved with Member Menesini being absent. 12. BUDGET AND FINANCE a. RECEIVE SEPTEMBER 1998 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance expenses for the month of September 1998, noting that expenditures were $260,000 less than budget, representing a 10.2 percent favorable variance. Year to date expenditures were $937,000 less than budget, representing an 11.7 percent favorable variance. Revenues of $1.66 million were $88,000 greater than budget, representing a 5.6 percent favorable variance. Ms. Ratcliff reported that the District's temporary investments were held in Treasury bills and Treasury notes and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 5.16 percent to 6.45 percent. The latest interest rate as of September 1998 was 4.64 percent. The average yield of the LAIF account through August 1998 was 5.65 percent. President Nejedly declared that the September 1 998 Financial Statements were duly received. 13. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 14. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Boneysteele requested that the status of the General Manager recruitment be placed as a standing item on all Board agenda until the process is completed. Mr. Dolan, General Manager-Chief Engineer, stated that the deadline for applications for the General Manager position is November 13, 1998. A status report was planned for the next Board agenda. Having a standing agenda item is a good idea. 1 5. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at the hour of 4:37 p.m. 4. esident of the Bo rd of Di ectors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 11 05 98