HomeMy WebLinkAboutBOARD MINUTES 11-19-98
254
MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD ON NOVEMBER 19, 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 19, 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
Following discussion of the requirement that the temporary private sanitary sewer
connection be abandoned and connection made to a public sewer if and when one
becomes available, and regulatory issues relating to adoption of the ordinance setting
recycled water charges, it was moved by Member Menesini and seconded by Member
Boneysteele, that the Consent Calendar, consisting of Items a. through e., be approved
as recommended, resolutions adopted as appropriate, and recordings duly authorized.
a.
Resolution No. 98-151 accepting work and Offers of Dedication from
Westvail, Inc., Job 5310, Parcel 3, Hawks Hill Court, Lafayette area, was
adopted and recording was authorized.
Motion unanimously approved on the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Menesini, Boneysteele, Lucey, Hockett, Nejedly
None
None
b.
Authorization was given for P.A. 98-12 (Orinda) and 98-13 (Martinez) to be
included in a future formal annexation to the District.
Motion unanimously approved on the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Menesini, Boneysteele, Lucey, Hockett, Nejedly
None
None
c.
Resolution No. 98-152 authorizing the recordation of the agreement of
Richard and Kristine Carlson pertaining to a temporary private sewer
connection for 824 Carter Acres Lane, Job 3048, was adopted.
Motion unanimously approved on the following vctd:
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AYES: Members:
NOES: Members:
ABSENT: Members:
d.
255
Menesini, Boneysteele, Lucey, Hockett, Nejedly
None
None
December 3, 1998 at 2:00 p.m. was established as the date and time for
a public hearing to receive comments on a proposed amendment to the
District Code, adding Chapter 6.38 Recycled Water Charges.
Motion unanimously approved on the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Menesini, Boneysteele, Lucey, Hockett, Nejedly
None
None
Staff was directed to secure the services of an arbitrator in accordance with
the District's disciplinary appeal procedures in the discipline of Engineering
Assistant Harry Vaile.
e.
Motion unanimously approved on the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Menesini, Boneysteele, Lucey, Hockett, Nejedly
None
None
4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
Mr. Roger J. Dolan, General Manager-Chief Engineer, requested that Item 7.a.,
Engineering, be taken out of order later in the agenda to accommodate interested persons
in the audience.
5. BIDS AND AWARDS
AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO KAWEAH
CONSTRUCTION COMPANY AND AUTHORIZE CONSULTANT AGREEMENTS FOR
THE TREATMENT PLANT SEISMIC UPGRADE PROJECT. DP 7144
a.
Mr. Dolan, General Manager-Chief Engineer, introduced Mr. William E. Brennan, Capital
Projects Division Manager, who stated that the District has already done several relatively
modest sized seismic projects in the past. This project will complete the remaining tasks.
The difference between the cost estimate and the bid price is largely due to the fact that
this project is so complex. There are tasks in all areas of the plant and the plant's
operation must be maintained during the construction work. In addition, the economy is
good now and most contractors are busy. Mr. Brennan stated that District staff will do
project management on this project. Montgomery Watson will provide construction
services on the project, which will include reviewing submittals and other activities which
ensure that the technical intent of their design is met during project construction.
Mr. Brennan introduced Mr. Ba Than, Associate Engineer, who stated that the Treatment
Plant Seismic Upgrade Project is one of the most important District projects. The District
Treatment Plant facilities are located about one-half mile from the Concord fault line.
There have been a series of seismic projects beginning with anchoring building wall panels
which was a deficiency of the 5A Project (early 1970's); piping bracing on critical systems
identified in an M&E analysis; employee health and safety modifications designed by
Degenkolb in 1982; and the current project identified in an EQE International, Inc.
evaluation in 1994 to maintain hydraulic process after an earthquake. Mr. Than reviewed
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the key findings of the EQE analysis of potential seismic impacts on treatment plant
processes and facilities as follows:
.
Loss of treatment plant utilities;
.
Structural damage to hydraulic process;
.
Restraints needed on equipment and piping; and
.
Potential for damage to incinerators.
Mr. Than stated that to address the potential loss of utilities, District electrical generating
facilities will be hardened; feeder cables and building connections will be upgraded; direct
feeder connections for critical processes will be installed; above ground switching stations
for the distribution system will be built; and plant operators will be trained on
modifications to the electrical distribution system. To address structural issues, critical
equipment will be anchored; process piping will be braced; and isolation valves on utility
systems will be installed. There is a contingency plan in place if use of the incinerators
is lost. A lime slurry will be injected into the sludge for land application. Project
construction will take about two years because of the significant amount of coordination
between the contractor and plant operations. The total project cost is estimated at $9
million. In closing, Mr. Than stated that this is an important and necessary project to
allow the District to achieve its mission.
Discussion followed with regard to the role of District staff and Montgomery Watson
personnel, the use of construction inspection services, information learned from the East
Bay Municipal Utility District seismic retrofit, and the consultant selection process.
Member Menesini requested that this project be brought back to the Board at key decision
points. Mr. Dolan stated that most of the key decisions were made before the project
went into design. Elements of the project could be shown to the Board as they are in
process or completed. Following discussion, President Nejedly stated the Plant is the
single most important piece of the District's infrastructure. President Nejedly stated that
this seismic upgrade is a large expenditure and he hopes that it is never needed, but it is
necessary to proceed with the work.
It was moved by Member Hockett and seconded by Member Lucey, that award of a
construction contract in the amount of $ 5,514,484 for construction of the Treatment
Plant Seismic Upgrade Project, DP 7144, be authorized to Kaweah Construction Company,
the lowest responsible bidder; that the General Manager-Chief Engineer be authorized to
execute a professional services agreement not to exceed $454,000 with Montgomery
Watson to review shop drawings and submittals, respond to design questions, evaluate
change order requests, perform site visits to verify compliance with design intents,
program graphic display panels, prepare the electrical distribution operating manual, and
provide training to District staff; and that the General Manager-Chief Engineer be
authorized to execute a professional services agreement not to exceed $175,000 with
Design Services, Inc. to provide a temporary construction inspector during construction
for the Treatment Plant Seismic Upgrade Project, DP 7144. There being no objection, the
motion was unanimously approved.
At this time, Mr. Dolan, General Manager-Chief Engineer, requested that Item 7.a.,
Engineering, be taken out of order to accommodate interested persons in the audience.
The Board agreed, and President Nejedly proceeded to Item 7.a., Engineering.
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7. ENGINEERING
a.
CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT (CAD)
FOR PROPERTIES IN THE GROTHMAN LANE/ALHAMBRA WAY AREA OF
MARTINEZ FOR INSTALLATION OF SEWER IMPROVEMENTS: ADOPT
RESOLUTIONS OF INTENTION TO UNDERTAKE A DEMONSTRATION PROJECT.
FOR APPROVAL OF THE BOUNDARY. AND REQUESTING CONSENT OF THE CITY
OF MARTINEZ FOR THE CENTRAL CONTRA COSTA SANITARY DISTRICT TO
CONDUCT PROCEEDINGS FOR GROTHMAN LANE/ALHAMBRA WAY AREA CAD
NO. 98-4
Mr. Dolan, General Manager-Chief Engineer, stated that Engineer's Report Item 2, Receive
Contractual Assessment District Guidelines, proposed criteria, potential scope and financial
impacts of CAD Program, and report from Bond Counsel may be taken before
consideration of the proposed Grothman Lane/Alhambra Way Area CAD No. 98-4 if the
Board wishes. If not, staff is prepared to recommend approval of the proposed CAD.
Following discussion, it was moved by Member Hockett and seconded by Member
Menesini, that formation of a Contractual Assessment District (CAD) consisting of up to
17 properties on Grothman Lane, Alhambra Way, and Winchester Lane be authorized; that
Resolution No. 98-153, a resolution of intention to undertake a demonstration project
designating Grothman Lane/Alhambra Way Area CAD No. 98-4 for the purpose of
installing sewer improvements, be adopted; that Resolution No. 98-154, a resolution
approving the boundary of the assessment district, be adopted; and that Resolution No.
98-155, a resolution requesting consent from the City of Martinez for the District to
conduct proceedings for Grothman Lane/Alhambra Way Area CAD No. 98-4, be adopted.
Motion unanimously approved on the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Hockett, Menesini, Lucey, Boneysteele, Nejedly
None
None
At this time, President Nejedly reverted to the order of the agenda.
6. REPORTS
a.
GENERAL MANAGER-CHIEF ENGINEER
1 )
Mr. Dolan, General Manager-Chief Engineer, introduced Mr. John Mercurio,
Management Analyst, who presented the 1998-1999 Capital Improvement
Budget (CIB) First Quarter Status Report. Mr. Mercurio stated that the
status report takes into account actual revenues and expenditures and
provides a projection of anticipated balances at the end of the fiscal year.
Current projections are that the Treatment Plant element of the 1998-1999
CIB will be approximately $1 million under budget, representing a 16.2
percent variance. Collection System Program expenditures are projected to
be $824,000 or 5.0 percent under budget. It is currently projected that CIB
expenditures will total $26.3 million at year end plus debt retirement of
$835,000 for total expenditures of $27,138,000. This figure is $2.5 million
or 8.8 percent less than budget. Total expenditures for the first quarter
were $6.7 million. CIB revenues for the first quarter ended September 1998
were $2.5 million. At June 30, 1999, the Sewer construction Fund balance
is projected to be $41,899,000, down from the July 1, 1998 balance of
$48,385,000.
President Nejedly declared that the 1998-1999 CIB First Quarter Status
Report was duly received.
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2)
Mr. Dolan, General Manager-Chief Engineer, stated that the Contractual
Assessment District (CAD) projects done to date have all been
demonstration projects to provide the flexibility to develop the program
around the practical realities developing in the field. Staff is now to a point
where enough experience has been developed so that a proposed policy
statement can be recommended. Staff will also provide a report on the
potential scope and financial impacts of the CAD Program and a report from
Bond Counsel. After receiving input from the Board, staff would propose
that two weeks be allowed for the Board to review the proposed policy and
that adoption of a resolution covering these guidelines be scheduled for
Board consideration at the December 3, 1998 Board Meeting. Ultimately,
it is proposed that these guidelines or rules become part of the District
Code.
Mr. Dolan introduced Mr. Jay S. McCoy, Environmental Services Division
Manager, who distributed the draft Contractual Assessment District (CAD)
Policy Statement. Mr. McCoy also distributed and reviewed a Summary of
the CAD Policy Statement as follows:
.
Minimum number of parcels will be five.
.
At least 60 percent of the parcels must have existing homes
served by septic tanks.
.
Formation will be on a case by case basis at the sole
discretion of the Board.
.
Participants enter into a contract with the District
.
Participants hire an engineer.
.
The District forms the CAD and finances the work.
.
Participants hire a contractor.
.
District accepts the work.
.
All costs are to be paid by the owners. (Participants pay
nonparticipants' shares.)
.
The payback period will be ten years.
.
The interest rate will be 1 percent above the interest rate on
District temporary investments.
.
The interest rate is fixed when the contract is signed.
.
Assessments will be equal for all parcels.
.
Costs of sewer mains, manholes, rodding inlets, and private
laterals within streets are eligible.
.
Costs of private laterals on the owner's property and District
fees are excluded.
.
Assessments are recorded as liens and are collected on tax
bills.
.
Outstanding assessments are due on sale.
.
Participants retain rights to reimbursement fees.
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Mr. McCoy discussed the issue of transfer of property versus sale of
property. Mr. McCoy stated that propei'ty can change hands through a
living trust or a divorce without money changing hands. These examples
would be considered transfers of property but not sales. It was recognized
that the various ways property changes hands could present administrative
complications. For that reason, it is proposed that the Draft Policy be
amended to include language making outstanding assessments due upon
sale rather than transfer of property.
Mr. McCoy stated that it is proposed that CAD nonparticipant
reimbursement fees be calculated by dividing the total CAD cost by the
current number of participants. Mr. McCoy reviewed an example of that
calculation. Mr. McCoy reported that by the end of the 1998-1999 fiscal
year, five CADs representing a total of $854,000, will be underway. Mr.
McCoy stated that there is one additional potential CAD which is fairly
active. Mr. McCoy stated that the last time this matter was discussed, the
Board asked how much money might be committed if all potential areas
wished to connect. Mr. McCoy reported that there are 40 potential CAD
areas with a total of 600 parcels. If all those parcels wished to connect,
the total estimated cost would be $ 7 . 5 million. Mr. McCoy stated that this
estimate is based on research on information contained in the District's
database. There are other isolated houses in the District not in a cluster
that might have sewers extended to them in the future. Mr. Dolan stated
that unless all the potential CADs came in and were approved in one year,
the full $7.5 million would never be committed at one time since
repayments will be made each year on existing CADs.
Mr. McCoy distributed and reviewed the letter from Mr. Charles F. Adams,
bond counsel with Jones Hall, relative to the 1998 refunding of District
revenue bonds. Mr. McCoy stated that another bond counsel is reviewing
the legality of the CAD Program as requested by Member Boneysteele, and
will be drafting an opinion which will be presented to the Board.
Discussion followed with regard to putting an annual cap or budget for
commitment of funds to finance CADs. Member Boneysteele stated that he
would not agree to committing more than 10 percent of the Sewer
. Construction Fund at anyone time to CAD financing. Member Boneysteele
stated further that he would favor easing gradually into this program.
Member Hockett expressed support for proceeding with the CAD program
on the basis of need rather than placing a ceiling or annual budget amount
on the program.
Member Lucey stated that he supports all the points expressed and
suggested that a cap or budget of $1 million per year for three years be
established. After three years the program could be reviewed and the
budget increased or decreased as appropriate.
Member Menesini stated that safeguards are in place and well founded. As
Mr. Dolan indicated, funds will be repaid as the program progresses. The
opinion of bond counsel is satisfactory. Member Menesini stated that he
would be agreeable to placing a budget or cap on the program, but the
current process is acceptable and a cap is not necessary. Member Menesini
expressed support for the CAD Program and commended staff for a job well
done.
President Nejedly stated that the District is providing a great service through
the CAD Program and protecting the health of the community. President
Nejedly stated that he would favor Member Lucey's suggestion that a $1
million per year budget be set. If there is a need, the Board can consider
increasing that amount. It is not the Board's intention to keep anyone out,
but rather to help people who need to connect.
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4)
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Member Hockett stated there is no need for a cap. The Board receives
updates and can monitor the funds committed to the CAD Program.
In response to a question from Member Boneysteele, Mr. Dolan stated that
a $3 million to $4 million exposure over a ten-year period would not slow
down the District's ability to do the work already planned in the Capital
Improvement Budget and Plan. It is the unknowns that are not anticipated
that may create a need to adjust the Capital Improvement Plan. A
regulatory change by someone other than the District's Board could require
homeowners' with septic tanks to connect faster; however, there is a
practical limit because there are only a certain number of septic tanks in the
District's service area.
Mr. Dolan thanked the Board for their input and indicated that staff will
prepare a draft for consideration by the Board at the next meeting. The
draft will include a budget or cap and the Board can decide to impose a cap
or remove that language.
President Nejedly thanked Mr. McCoy for his insightful handling of the
property transfer issue and indicated that the draft CAD Guidelines will be
calendared for consideration at the next Board Meeting.
3)
Mr. Dolan, General Manager-Chief Engineer, stated that staff has been
keeping the Board current with the Regional Water Quality Control Board's
progress with regard to the Administrative Civil Liability related to the
February 12, 1998 Orinda Crossroads Pumping Station failure. Mr. Dolan
introduced Mr. James M. Kelly, Director of Plant Operations, who reviewed
the Regional Water Quality Control Board (RWQCB) Complaint No. 98-087,
fixing an Administrative Civil Liability (ACL) of $55,700 which includes
RWQCB staff cost of $9,800. This amounts to approximately $0.54 per
gallon. Mr. Kelly stated that the RWQCB considered the District's report on
the Orinda Crossroads Pumping Station failure and treated the District fairly.
At this point, the District has three options. The District can contest the
ACL, waive its rights and pay the ACL, or waive its rights and undertake an
Environmental Enhancement Project. If the Board wishes to proceed with
an Environmental Enhancement Project, the District must advise the RWQCB
as soon as possible. The RWOCB has suggested a project to develop
Pumping Station Reliability Guidelines. If the Board decides to proceed with
this Environmental Enhancement Project, the money would likely go to a
third party for administration of the monies and the contract. The direction
of the contract would be done by a steering committee including
representatives from the RWQCB and the District. The scope of the project
would be to develop guidelines for acceptaQe spill clean up measures.
Criteria would be developed to establish what level of protection a
watershed should have and develop reliability guidelines for that level of
protection. Mr. Kelly stated that he does not believe that all of this work
can be accomplished with the ACL imposed on the District. Mr. Kelly stated
that he discussed this Environmental Enhancement Project with
representatives from the Bay Area Dischargers Association (BADA) and they
would be willing to oversee the project for the District.
Following discussion, it was the consensus of the Board that the District
proceed with the Environmental Enhancement Project proposed by the
RWOCB to Develop Pumping Station Reliability Guidelines.
Mr. Dolan, General Manager-Chief Engineer, stated that the 1 989 Pumping
Station Master Plan recommended an upgrade of the Lower Orinda Pumping
Station to enhance safety, reliability, and capacity. The recent design
project authorized by the Board with G.S. Dodson is considering whether to
rehabilitate the existing pumping station or to build a new one nearby and
transfer the flow at the completion of construction. The District is now at
the stage in the California Environmental Quality Act (CEQA) process where
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input is sought from the community. This input will guide the final design
and will prepare for the meeting with the Orinda Planning Commission.
Before going to the community, staff wishes to advise the Board of the
findings to date.
Mr. Dolan introduced Mr. Charles W. Batts, Director of Engineering, who
stated that on September 3, 1998, a presentation was made to the Board
dealing with East Bay Municipal Utility District (EBMUD) watershed pumping
station projects. One of those projects is the Lower Orinda Pumping Station
Improvement Project. At that time funding was authorized for the planning
effort for Lower Orinda. There is a critical focus on this pumping station
effort because of the importance of safety and reliability particularly in the
EBMUD drinking watershed, but also because of the Orinda Crossroads
Pumping Station failure.
Mr. Batts stated that there are 21 pumping stations in the District. Three
of those are fairly new. The 1 989 Pumping Station Master Plan looked at
the older pumping stations and devised a plan to make them reliable, give
them adequate capacity, and look at safety and structural issues. The
Lower Orinda Pumping Station is one of the last pumping stations where
there is major work to be done. The Lower Orinda Pumping Station is the
District's oldest active pumping station, constructed in 1949 and connected
to the Orinda Crossroads Pumping Station in 1961. Various minor upgrades
have been made throughout the life cycle of the Lower Orinda Pumping
Station. Based on consideration of estimated costs, site constraints, and
experience gained in the Martinez Pumping Station Project, District staff
recommends that a new pumping station be constructed rather than
rehabilitating the existing pumping station. The Orinda Country Club is
anxious for the District to relocate the existing pumping station and positive
feedback has been received from the City of Orinda on this project. Mr.
Batts reviewed the conceptual plan for the pumping station relocation. The
Orinda County Club has offered a site for relocation of the existing pumping
station in consideration for the land on which the existing pumping station
stands. Mr. Batts reviewed the project schedule which began with Board
approval of planning funds in September 1998 and calls for a community
meeting on the Negative Declaration on December 10, 1998; Board
consideration on February 4, 1999; Orinda Planning Commission design
review in March or April 1999; Orinda City Council consideration in Mayor
June 1999; project design beginning in June 1999; and completion of the
design work in April 2000. Mr. Batts stated that this schedule applies only
if the District builds a new pumping station. It will not be necessary to go
through the City of Orinda process if the existing pumping station is
renovated.
In response to a question from Member Menesini, Mr. Batts stated that
protection of the San Pablo Creek area during construction, potential traffic
impacts, and potential impacts on heritage oaks and other trees in the area
is critical is and is being discussed with the architect. Any structure will be
65 to 70 feet from the creek. Mr. Batts stated that other issues include
handling of construction material and groundwater. These issues would also
apply for rehabilitation of other existing pumping stations. In closing, Mr.
Batts stated that the purpose of this presentation today was to update the
Board on the status of the project and to alert the Board to the community
meeting scheduled for December 10, 1998. The Engineer and Planner from
the City of Orinda will also be present at that meeting. The input received
will be considered in the determination of the recommended alternative.
BREAK
At 4: 18 p.m., President Nejedly declared a recess, reconvening at the hour of 4:28 p.m.,
with all parties present as previously designated.
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b.
11
5)
Mr. Dolan, General Manager-Chief Engineer, stated that the Engineering
Department staff is continuing to work with Mountain Cascade and
encouraging them to get the South Orinda Sewer Improvement Project done
as quickly as possible while complying with traffic and environmental
constraints. Mr. Dolan introduced Mr. William E. Brennan, Capital Projects
Division Manager, who stated that at the last Board Meeting, the Board was
advised that on November 5, 1998, a Regional Water Quality Control Board
inspector stopped the contractor from putting sediment-laden water into San
Pablo Creek. Due to the action of the inspector, the water did not reach
San Pablo Creek. In a meeting on November 10, 1998, Mountain Cascade
guaranteed that all water from any site will be pumped into their water truck
and removed from the construction site and dispersed on their spoils
disposal site at Gateway. Mr. Brennan stated that no word has yet been
received from the Regional Water Quality Control Board (RWQCB) as to
what they will do. The RWQCB does know that the water did not reach
San Pablo Creek. More information will be provided to the Board as it
becomes available.
Mr. Brennan provided an update on the status of the South Orinda Sewer
Improvement Project. Work is progressing on construction of manholes,
surface restoration, and pipe testing. No issues regarding traffic control
have come up which require a fine. Mountain Cascade was given
permission from the City of Orinda to work on Saturday, November 14,
1998. There was a St. Mary's College football game and a Miramonte High
School soccer game on that day, resulting in a traffic backup although no
complaints were called in to the District office.
Mr. Brennan stated that there will be significant traffic impacts when work
begins on the diversion structures. Excavation began today at the site near
McDonnell Nursery. Mr. Brennan reported that the property owners at TB8
were able to reach agreement on landscaping and restoration. A deal has
been brokered so landscape and restoration work can go forward, hopefully
before the wet weather. The contractor has increased the number of
workers on the job site from eight to an average of 20. The project
schedule has been revised, showing more activity in a shorter period of time
based on the increased number of people on site. Work on the first
diversion structure begins today, November 19, 1998. Traffic control will
be in place from 9:00 a.m. to 2:30 p.m. If work proceeds accordingly to
schedule, the first diversion structure could be completed by the Wednesday
before Thanksgiving, November 23, 1998. The contractor will not work
over the Thanksgiving holiday. Work on the second diversion structure is
scheduled to start in December. The remaining minor paving work will be
completed next Wednesday, November 25, 1998. The contractor has met
its commitment made in the meeting of November 10, 1998 to construct
and backfill the manholes at TB6 by November 20. This work was actually
completed on November 18. It also appears that the contractor will meet
his commitment to do the same at TB7.
COUNSEL FOR THE DISTRICT
1 )
Mr. Kenton L. Aim, Counsel for the District, reported that the District has
reached a settlement in the matter of CCCSD v. Maryellen Smith, et ai,
Contra Costa County Superior Court Case No. C98-00193. The Board had
authorized settlement in the amount of $50,000 with some minor
contingencies. The final papers are being signed and the money will be
placed in escrow.
2)
Mr. Kenton L. Aim, Counsel for the District, briefly reported on the
conference for sanitation and water lawyers put on by the Association of
Metropolitan Sewerage Agencies and the American Water Works
Association. Mr. Aim stated that it was a superior conference, including
such topics as privatization or substantial reorganization of water and
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wastewater utilities; Clean Water Act issues; litigation issues and initiatives,
civil enforcement, and citizen suits; toxic torts; and emerging issues related
to water and wastewater such as Total Maximum Daily Load's (TMDL's).
Members Menesini and Boneysteele requested additional information at a
future Board Meeting on TMDL's and the criminal aspects of violation.
SECRETARY OF THE DISTRICT
1 )
Ms. Joyce E. Murphy, Secretary of the District, distributed a draft 1 999
Board Calendar and requested direction from the Board with regard to the
January and August Board Meeting dates. This matter was discussed later
in the agenda in conjunction with the status report on the recruitment for
the General Manager position.
BOARD MEMBERS
1 )
Member Menesini reported on the Environmental Alliance workshop for high
school students which covered such issues as dispute resolution on an
environmental problem. The workshop was attended by approximately 100
high school students. The high school students did very well in negotiations
clearly appreciating the difference between an interest based and power
based approach to negotiations. Member Menesini stated that he feels we
are on the right track in going to high school students to educate them, but
it is very difficult to market high school programs with something different
and new. In closing Member Menesini stated that he felt very good about
the recent high school student workshop and hopes that the District will
continue its high school education program efforts.
2)
Member Menesini announced that the State of the Estuary Conference will
be held March 17-19, 1999. Those interested in attending should mark
their calendars.
7. ENGINEERING
CONSIDER THE FORMATION OF A ÇONTRACTUAL ASSESSMENT DISTRICT (CAD)
FOR PROPERTIES IN THE GROTHMAN LANE/ALHAMBRA WAY AREA OF
MARTINEZ FOR INSTALLATION OF SEWER IMPROVEMENTS: ADOPT
RESOLUTIONS OF INTENTION TO UNDERTAKE A DEMONSTRATION PROJECT.
FOR APPROVAL OF THE BOUNDARY. AND REQUESTING CONSENT OF THE CITY
OF MARTINEZ FOR THE CENTRAL CONTRA COSTA SANITARY DISTRICT TO
CONDUCT PROCEEDINGS FOR GROTHMAN LANE/ALHAMBRA WAY AREA CAD
NO. 98-4
This item was taken out of order earlier in the agenda.
a.
8. TREATMENT PLANT
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE A CHANGE
ORDER TO THE CONTRACT WITH KAWEAH CONSTRUCTION COMPANY. DP
6124. FAIRVIEW/MALTBY PUMP MODIFICATIONS AND FAIRVIEW DISCHARGE
HEADER REPLACEMENT
Mr. Dolan, General Manager-Chief Engineer, stated that the position paper is self
explanatory; however, the recommendation is not stated correctly. The change order has
been executed and no Board action is required because no change order is greater than
$50,000. This item is being presented for the Board's information.
The Board was advised of change orders totaling $ 82,000 with Kaweah construction for
the Fairview/Maltby Pump Modifications and Fairview Discharge Header Replacement
Project, DP 6124. This item was presented for the Board's information. No action was
taken.
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9. HUMAN RESOURCES
a.
ORAL REPORT ON STATUS OF GENERAL MANAGER RECRUITMENT:
OPPORTUNITY FOR BOARD OR HUMAN RESOURCES TO PROVIDE DIRECTION AS
APPROPRIATE
Ms. Cathryn Freitas, Human Resources Manager, reported that the filing date for the
General Manager recruitment closed on Friday, November 13, 1998. A total of 49
resumes were received. Ms. Freitas stated that the recruitment is on schedule and on
budget. Next week, Mr. John Shannon, of Shannon Associates, will conduct screening
interviews with the candidates. The resumes will be available for Board review at the
District beginning Wednesday, November 25, 1998. On December 1 and 2, 1998, Mr.
Shannon will be at the District should any Board Member wish to meet with him. Mr.
Shannon will distribute his Client Report to the Board after the screening process is
completed on December 4, 1998. Following discussion, an Adjourned Regular Board
Meeting was scheduled for 9:00 a.m. on Friday, December 11, 1998, for the Board to
review the Client Report and discuss the resumes for the position of General Manager.
It is hoped that the group of finalists can be narrowed down to six or eight candidates at
this meeting. Interviews will then be scheduled with the finalists. An Adjourned Regular
Board Meeting was scheduled for 8:30 a.m. on Friday, January 8, 1998 for interview of
the finalists for the position of General Manager. Review of the resumes and interview
of the finalists will be conducted in closed session in accordance with Government Code
Section 54957.
The Board briefly discussed the process. The Board will review the Client Report. If a
Board Member wishes to add a candidate not recommended by Mr. Shannon in the Client
Report, there will be an opportunity to do so at the December 11, 1998 meeting.
Following discussion of the December and January meeting dates, it was agreed that the
draft 1999 Board Calendar be held over for further discussion at the December 3, 1998
Board Meeting.
10. CORRESPONDENCE
a.
RECEIVE AND CONSIDER LETTER DATED NOVEMBER 2. 1998 FROM ANNAMARIA
PERRELLA. LOCAL AGENCY FORMATION COMMISSION (LAFCO) EXECUTIVE
OFFICER. REQUESTING CENTRAL CONTRA COSTA SANITARY DISTRICT'S VOTE
FOR THE ALTERNATE SPECIAL DISTRICT MEMBER REPRESENTATIVE TO LAFCO
Following introduction by Mr. Dolan, General Manager-Chief Engineer, President Nejedly
indicated that Mr. David Piepho, one of the candidates, is his brother-in-law. President
Nejedly stated that he has been advised by District Counsel that he can participate in the
discussion and vote on this matter.
Following discussion of the geographical locations and the qualifications of the candidates,
the Board of Directors unanimously cast its vote for Mr. David Piepho, Discovery Bay
Community Services District, for Local Agency Formation Commission (LAFCO) special
district alternate representative.
11. APPROVAL OF MINUTES
a.
MINUTES OF OCTOBER 15. 1998
It was moved by Member Menesini and seconded by Member Boneysteele, that the
minutes of October 15, 1998 be approved as presented. There being no objection, the
motion was unanimously approved.
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12. APPROVAL OF EXPENDITURES
a.
EXPENDITURE LIST DATED NOVEMBER 19. 1998
It was moved by Member Boneysteele and seconded by President Nejedly, that the
Expenditure list dated November 19, 1998, including Self-Insurance Check Nos. 101490-
101494, Running Expense Check Nos. 114235-114558, Sewer Construction Check Nos.
20438-20505, and Payroll Check Nos. 48479-49684, be approved as recommended.
There being no objection, the motion was unanimously approved.
13. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None
14. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS
None
15. ADJOURNMENT
There being no further business to come before the Board, President Nejedly adjourned the
meeting at the hour of 5:22 p.m.
&- .
Pr cent of the Board f Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
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