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HomeMy WebLinkAboutBOARD MINUTES 12-04-97 272 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON DECEMBER 4, 1997 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on December 4, 1997. President Menesini called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Lucey, Nejedly, Hockett, Boneysteele, Menesini ABSENT: Members: None 2. PUBLIC COMMENTS None 3. CONSENT CALENDAR It was moved by Member Boneysteele and seconded by Member Nejedly, that the Consent Calendar, consisting of Items a. through g., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 97-197 accepting work and Offers of Dedication from Braddock & Logan Group, loP., Job 5220, Parcel 2, on Walnut Boulevard in Walnut Creek, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Nejedly, Lucey, Hockett, Menesini None None b. Resolution No. 97-198 accepting work and Offers of Dedication from Sally Bould Stan, Job 5244, Parcel 2, on Los Arabis Drive in Lafayette, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Nejedly, Lucey, Hockett, Menesini None None c. A Grant of Easement was accepted at no cost to the District from the United States Bureau of Reclamation and the Contra Costa Water District for the crossing of the United States Bureau of Rp.darn;:,¡tion/Contra Costa Water District Canal on Golf Club Road in Pleasant Hill, and Resolution No. 97-199 was adopted to that effect. Motion unanimously approved on the following vote: 12 04 97 273 AYES: Members: Boneysteele, Nejedly, Lucey, Hockett, Menesini NOES: Members: None ABSENT: Members: None d. A Quitclaim Deed was approved to Richard E. Broyles and Lynne V. Broyles, Job 4868, for the surface easement located within Lot 345 of Subdivision 5718 in the Danville 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. 97-200 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Nejedly, Lucey, Hockett, Menesini None None e. Authorization was given for P.A. 97-12 (Alamo) to be included in a future formal annexation to the District. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Nejedly, Lucey, Hockett, Menesini NOES: Members: None ABSENT: Members: None f. The contract work for the M2-A Force Main Rehabilitation Project, DP 5225, was accepted, and filing of the Notice of Completion was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Nejedly, Lucey, Hockett, Menesini None None g. The attendance of Mr. Tad J. Pilecki, Senior Engineer, was authorized at the Underground Construction Technology International Conference in Houston, Texas on January 13, 14, and 15, 1998, at a cost of $1,500. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Nejedly, Lucey, Hockett, Menesini None None 4. HEARINGS a. HOLD A HEARING AND ADOPT A RESOLUTION OF NECESSITY FOR THE PURPOSE OF INITIATING EMINENT DOMAIN PROCEEDINGS FOR ACQUISITION OF PUBLIC SEWER AND RECYCLED WATER LINE EASEMENTS (GASS. LOWERY) FOR THE PLEASANT HILL RELIEF INTERCEPTOR. PHASE 4. DP 4985 12 04 97 274 President Menesini indicated that the purpose of this hearing is to receive comments regarding adoption of a Resolution of Necessity to acquire permanent and temporary easements for sewer and recycled water lines by eminent domain for the Pleasant Hill Relief Interceptor Project. President Menesini opened the public hearing at the hour of 2:05 p.m. Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that in September 1997, the Board held a hearing and adopted a Resolution of Necessity to acquire easements from Mrs. Maryellen Smith for Phase 4 of the Pleasant Hill Relief Interceptor (PHRI). Negotiations are continuing but staff is not optimistic that agreement will be reached with Mrs. Smith. At this time, it is proposed that two additional properties be included with the Smith property eminent domain proceedings. Mr. Dolan introduced Mr. Tad Pilecki, Senior Engineer, who stated that design of Phase 4 of the Pleasant Hill Relief Interceptor and the recycled water line for that reach is proceeding. The projects parallel each other and in some cases the pipes will be in the same trench. Mr. Pilecki stated that Phase 4 is scheduled to go to construction in November 1998. Easements from twelve property owners are required along this section of the proposed alignment. Settlements have been reached with eight of the property owners. Negotiations are proceeding slowly with Mount Diablo Unified School District and a successful completion is anticipated. A Resolution of Necessity was adopted previously to acquire easements from Mrs. Maryellen Smith. Negotiations with the remaining two property owners, Mr. George E. Lowery and Ms. Evie Gass, have not been successful and staff recommends that the Board proceed with commencement of eminent domain action at this time. Mr. Pilecki stated that on November 14, 1997, Mr. George E. Lowery and Ms. Evie Gass were sent notification, by both regular and certified mail, of this hearing and the fact that they could be present to provide input into the Board's deliberation process. Mr. Pilecki reviewed the key issues relating to the proposed adoption of a Resolution of Necessity to acquire permanent and temporary easements by eminent domain for the PHRI, Phase 4, and recycled water line as follows: . The public interest and necessity require the project for which said public sewer and recycled water line easements are to be acquired. . The proposed project is planned or located in the manner which will be most compatible with the greatest public good and the least private injury. . Said public sewer and recycled water line easements are necessary for the proposed project. . The offer pursuant to Government Code Section 7267.2 has been made to the owners of the subject properties. Mr. Pilecki stated that in February 1982, February 1986, and January 1997, the collection system serving the Pleasant Hill community experienced significant wet weather related sewer overflows. The purpose of the PHRI is to reduce the potential for these overflows. In recent history, there have been seven years of drought, underscoring the necessity of installing the recycled water pipeline. Mr. Pilecki stated that based on these facts, the public interest and necessity require the project for which said public sewer and recycled water line easements are to be acquired. Mr. Pilecki stated that in 1990-1991, an Environmental Impact Report (EIR) conducted analysis of alternative routes for the project. Four viable alternatives were considered. Montgomery Watson Consulting Engineers conducted further study and narrowed the four alternatives down to two. On September 4, 1991, the Board of Directors received a presentation on alternatives and the criteria considered, including limited traffic impacts, less commercial disruption, lower construction costs, elimination of syphons, and preference by the public and other agencies. Over 20 meetings were held with the public and public agencies relative to all options, at which their preferences were expressed. In 1993, staff again reviewed whether there was another way to do the project but avoid this particular area. Staff found again that this is the best route when taking into account impacts on residents (50 percent fewer residents would be impacted, hydraulics were 12 04 97 275 improved, and traffic impacts reduced). For those reasons, Route 17 or 18, Ruth Drive or Grayson Creek, were selected over Route 16, Contra Costa Boulevard. Mr. Pilecki stated that based on these facts, the proposed project is planned or located in the manner which will be most compatible with the greatest public good and the least private injury. Mr. Pilecki showed slides of the proposed alignment and the subject properties, and described the pipe sizes and construction methods to be used. Discussion followed with regard to the location of the properties and structures with respect to the required easements, and the staff interactions with the property owners. Mr. Pilecki stated that based on the facts enumerated above, said public sewer and recycled water line easements are necessary for the proposed project. Mr. Pilecki stated that offers pursuant to Government Code Section 7267.2 were made to the property owners in question, Ms. Evie Gass on July 31, 1997 and to Mr. George E. Lowery on August 1, 1997. The District feels the offers were fair and just compensation based on appraisals prepared by a licensed real estate appraiser. Agreement has not been reached with the property owners; and to date, the property owners have not been willing to meet with staff. Mr. Pilecki requested that the Board proceed with adoption of a Resolution of Necessity to obtain the needed property rights. Discussion followed with regard to the proposed use of the easements on the properties in question, the attempts made to contact and negotiate with the property owners, the eminent domain process, and the construction schedule. There being no further comments, President Menesini closed the hearing at 2:42 p.m. It was moved by Member Lucey and seconded by Member Nejedly, that the Board finds that the public interest and necessity require this project, that the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury, that the property rights sought to be acquired are necessary for the project, and that offers pursuant to Government Code Section 7267.2 were made to the owners of record of the subject properties; that Resolution No. 97-202, a Resolution of Necessity to acquire permanent and temporary easements (Gass, Lowery) by eminent domain for the Pleasant Hill Relief Interceptor, Phase 4, DP 4985, and Recycled Waterline Project be adopted; and that authorization be given for filing of the eminent domain action, the deposit of the amount of probable compensation, and the application for Order of Possession. Motion unanimously approved on the following roll call vote: AYES: Members: NOES: Members: ABSENT: Members: Lucey, Nejedly, Hockett, Boneysteele, Menesini None None 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 6. BIDS AND AWARDS a. AUTHORIZE AWARD OF A CONTRACT TO SUBTRONIC CORPORATION FOR PROVIDING TELEVISION INSPECTION SERVICES OF SANITARY SEWERS Mr. Dolan, General Manager-Chief Engineer, stated that a couple of years ago as a cost and time saving measure, staff proposed that a master contract for construction services such as television inspection, locating of underground utilities, and potholing be publicly bid. The purpose of the bid is to fix the unit cost for each portion of work for certain potential projects, while obtaining the lowest overall cost to the District. It was moved by Member Boneysteele and seconded by Member Nejedly, that award of contract be authorized to Subtronic Corporation, the lowest responsible bidder, for 12 04 97 276 providing television inspection services of sanitary sewers for a two-year period. There being no objection, the motion was unanimously approved. b. AUTHORIZE AWARD OF CONTRACT TO PRECISION LOCATING FOR PROVIDING LOCATING SERVICES FOR UNDERGROUND UTILITIES Following discussion of the workload requirements of District Collection System Operations staff performing this function, the potential for partnering with Pacific Gas and Electric, and the District's previous experience with Precision Locating, it was moved by Member Lucey and seconded by Member Hockett, that award of contract be authorized to Precision Locating, the lowest responsible bidder, for providing locating services for underground utilities for a two-year period. There being no objection, the motion was unanimously approved. c. AUTHORIZE AWARD OF CONTRACT TO NATIONAL PLANT SERVICES. INC. FOR PROVIDING POTHOLING SERVICES It was moved by Member Nejedly and seconded by Member Hockett, that award of contract be authorized to National Plant Services, Inc., the lowest responsible bidder, for providing potholing services for a two-year period. There being no objection, the motion was unanimously approved. d. AUTHORIZE THE AWARD OF A CONSTRUCTION CONTRACT TO D. R. LEMINGS CONSTRUCTION FOR RECYCLED WATER CUSTOMER CONNECTIONS PROJECT. DP 71 81 Mr. Dolan, General Manager-Chief Engineer, stated that the Recycled Water Customer Connections Project will provide recycled water service connections for seven customer sites and make anyon-site conversions needed to meet Department of Health Services requirements. Following discussion of the bidding process and disqualification of bidders, it was moved by Member Hockett and seconded by Member Boneysteele, that award of a contract for construction of the Recycled Water Customer Connections Project, DP 71 81, in the amount of $649,881.30 be authorized to D. R. Lemings Construction, as the lowest responsible bidder. There being no objection, the motion was unanimously approved. a. 12 04 7. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Charles W. Batts, Plant Operations Department Manager, who reported that the emergency repairs to the 20-inch pipe in the Maltby Pumping Station have been completed and the units are all operating and fully functional. Minor clean up is being completed. The estimated cost of the emergency repairs is $65,000. Final cost figures will be available in January. Member Nejedly requested that the cost of District force account labor be provided with the final cost fig'ures. 2) Mr. Dolan, General Manager-Chief Engineer, stated that the Managers have been investigating a longer term Operations and Maintenance (O&M) planning effort. Reasons for this thinking include response to the Proposition 21 8 requirement for early notice to customers of proposed rate increases and a wish to work out some targets for future staffing levels. Options include a multi-year O&M budget, such as the Cities of Concord and Walnut Creek, or a multi-year plan adequate to set rates coupled with a shorter term budget. At this point, the consensus position of the Managers is that a five-year O&M Plan, similar to the 10-year Capital Improvement Plan, coupled with a one-year O&M Budget should be developed for 1998-1999. In future years a two-year O&M Budget may become more attractive if the five-year O&M Plan shows itself to be reliable. Mr. Dolan stated that staff 97 7) b. 277 is confident that no rate increase will be necessary for 1998-1999. Staff is doing everything they can to keep costs low so no rate increases are anticipated in the near future. Staff will keep the Board apprised as this effort unfolds. 3) Mr. Dolan, General Manager-Chief Engineer, stated that a couple of years ago leaks were found in the recently repaired M-4 force main. It was determined that joint failure in the polyethylene liner was the cause. The contractor, Contri Construction, was put on notice. Repairs were made and the pipe is now operating. Contri sued the joint fabricating subcontractor and the pipe supplier. The District agreed not to sue provided Contri paid 50 percent of the District's expenses related to correcting the defects. Contri won their suit and has agreed to fulfill their commitment to pay the District a total of $37,500. 4) Mr. Dolan, General Manager-Chief Engineer, reported that Dr. Ten Chung Wu, of the Regional Water Quality Control Board (RWQCB) brought Dr. Hsung Hsiung Tsai, Administrator of the Environmental Protection Agency and Representative of the Republic of China, to visit the District's Household Hazardous Waste Collection Facility and Integrated Pest Management Garden. We were pleased to arrange a meeting between Dr. Tsai and Dr. Ray Smith, of the Horticulture Department of the University of California, Berkeley. Dr. Smith was one of the early proponents of integrated pest management gardening. Dr. Wu also asked to have a presentation on the District's Ultraviolet (UV) Disinfection Project at the RWQCB on December 1 7, 1 997. Mr. Charles Batts, Plant Operations Department Manager, will be making that presentation. 5) Mr. Dolan, General Manager-Chief Engineer, reported that the Furnace Process Redesign Team (PRT) has completed their efforts and produced a report with eight major recommendation areas that deal with three functions of the furnace: ash handling, burner control, and off-line maintenance activities. The recommendations increase operational stability of the furnaces, provide more efficiency, improve emissions, and reduce operator attention. 6) Mr. Dolan, General Manager-Chief Engineer, stated that one of the side agreements made between the Board and the general employees was to undertake an Employee Recognition Award Program. Employees have referred to this as a gain sharing or success sharing program. Human Resources Manager Cathryn Freitas is chairing a committee with representatives from each bargaining group. The committee has met twice. Ms. Freitas will be distributing copies of the minutes of those committee meetings to the Board. Mr. Dolan stated that he believes there should be a forum for obtaining Board input into this process. To begin the process, a Board Personnel Committee meeting will be scheduled. It will also be necessary to get full Board involvement. Mr. Dolan, General Manager-Chief Engineer, stated that on December 11, 1997, the Central Contra Costa Solid Waste Authority (CCCSWA) will consider two resolutions: one commending the District for all it has done in the solid waste area, and a second one to officially approve the District's withdrawal from CCCSWA. COUNSEL FOR THE DISTRICT None c. SECRETARY OF THE DISTRICT 1 ) Ms. Joyce E. Murphy, Secretary of the District, distributed the 1998 Board Calendar. 12 04 97 278 d. BOARD MEMBERS 1 ) Member Nejedly questioned the reason for the "on hold" designation with regard to filling vacant positions listed in the November 1997 Human Resources Report. Ms. Cathryn Freitas, Human Resources Manager, stated that recruitment for some vacant positions is "on hold" because the Department has decided not to fill the position at this time or has postponed filling the position until later in the year. In the discussion that followed it was stated that in some cases these vacant positions are filled by temporary employees. Mr. Dolan, General Manager-Chief Engineer, stated that each year during consideration of the Personnel Budget, determinations are made as to whether vacant positions should be filled for a full year, a portion of a year, or not at all. 8. BREAK No break was taken. 9. APPROVAL OF MINUTES a. MINUTES OF REGULAR MEETING OF NOVEMBER 6. 1997 b. MINUTES OF ADJOURNED REGULAR MEETING OF NOVEMBER 13. 1997 It was moved by Member Boneysteele and seconded by Member Nejedly, that the minutes of the Regular Meeting of November 6, 1997 and the minutes of the Adjourned Regular Meeting of November 13, 1997, be approved as presented. There being no objection, the motion was unanimously approved. 10. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED DECEMBER 4. 1997 It was moved by Member Nejedly and seconded by Member Boneysteele, that the Expenditure List dated December 4, 1997, including Running Expense Check Nos. 107059-107157 and Sewer Construction Check Nos. 19152-19174, be approved as recommended. There being no objection, the motion was unanimously approved. 11. BUDGET AND FINANCE a. RECEIVE OCTOBER 1997 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance expenses for the month of October 1997, noting that expenditures were $49,000 less than budget, representing a 2.1 percent favorable variance. Year to date expenses were $1,073,000 less than budget, representing a 10.9 percent favorable variance. For the four months ended October 1997, revenues were $1,996,000 or $15,000 less than budget, representing a 0.7 percent unfavorable 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 October 1997 was 5.298 percent. The average yield of the LAIF account throug'h September 1997 was 5.707 percent. President Menesini declared that the October 1997 Financial Statements were duly received. 12. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 12 04 97 279 13. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS President Menesini requested a presentation on the Laboratory Information Management System (LlMS) when it is timely. Mr. Dolan, General Manager-Chief Engineer, announced that the District's Holiday Party will be held on Saturday, December 6, 1997: 14. 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 Leonard/Beinke v. Central Contra Costa Sanitary District (CCCSD), Contra Costa County Superior Court No. C96- 02566 (Marriott Corporation and Blackhawk Country Club - CCCSD cross-complaints). At 3:45 p.m., President Menesini declared the closed session to discuss litigation pursuant to Government Code Section 54956.9(a). At, 4:22 p.m., President Menesini concluded the closed session and reconvened the meeting into open session. 15. REPORT OF DISCUSSIONS IN CLOSED SESSION Mr. Kenton L. Aim, Counsel for the District, stated that no decisions were made or votes taken in closed session that require reporting at this time. 16. ADJOURNMENT There being no further business to come before the Board, President Menesini adjourned the meeting at the hour of 4:23 p.m. ~<H~ u- ¿; ~/~~~ Pro ¡dent of the Board of rectors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 12 04 97