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HomeMy WebLinkAboutBOARD MINUTES 10-20-05 36 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON OCTOBER 20, 2005 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 Thursday, October 20, 2005. President Hockett called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL I PRESENT: Members Boneysteele, Lucey, Menesini (arrived at 2:10 p.m.), Nejedly, Hockett ABSENT: None a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance to the Flag. 2. PUBLIC COMMENTS There. were no public comments. 3. AWARDS AND COMMENDATIONS a. ADOPT RESOLUTIONS RECOGNIZING SERVICE AWARD RECIPIENTS General Manager Charles Batts stated that, this year, Service Awards will be given to 49 I employees in recognition of their years of service to the District. The annual Service Awards luncheon will again take place at Vic.Stewart's Restaurant on Wednesday, November 9, 2005 at 11 :30 a.m. It was moved by Member Boneysteele and seconded by Member Lucey to adopt Resolutions 2005-100 throuQh 2005-120. Motion passed by the following vote of the Board: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Lucey, Nejedly, Hockett None Menesini 4. CONSENT CALENDAR It was moved by Member Lucey and seconded by Member Nejedly to approve the Consent Calendar, consisting of Items a. through e., as recommended, to adopt resolutions, and to authorize recordings. Motion passed by the following vote of the Board: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Lucey, Nejedly, Hockett None Menesini I a. Adopt Resolutions 2005-121 and 2005-122 authorizing execution and recording of a quitclaim deed to Daniel R. and Gayle A. Kuokka (1232 Monticello Road, Lafayette; District Project No. 2523 - Parcel 3), and accepting grant of easement and public sewer improvements (District Project No. 2523 - Parcel 3 - Replacement) for Daniel R. and Gayle A. Kuokka. 1 0-20-05 I I I 37 b. Adopt Resolutions 2005-123 and 2005-124 accepting public sewer improvements and offers of dedication for easements shown on the recorded final maps of Subdivision No. 7387 in the Alamo area (Job 5301) and Subdivision No. 8405 in the Alamo area (Job 5461). c. Approve the North Orinda Sewer Renovations, Phase 2, District Project 5833, for CEQA/permitting purposes. d. Establish November 17,2005, at 2:00 p.m. as the date and time for a public hearing to consider adoption of a resolution of necessity to acquire easements through Strentzel Lane, Martinez, for the Alhambra Valley Sewer Project, District Project 5919. e. Authorize leave of absence without pay for Erika Liskamm, Engineering Assistant I, through January 27, 2006. 5. HEARINGS: a. CONDUCT A HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PUBLIC EASEMENTS FOR SANITARY SEWER AND ACCESS PURPOSES AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE ALHAMBRA VALLEY TRUNK SEWER PROJECT, DISTRICT PROJECT NO. 5919 General Manager Charles Batts stated that, as the Board is aware, there is a public need for sewer service to portions of the Alhambra Valley, and an initial routing has been developed. Staff is now in the process of acquiring right of way for the Alhambra Valley Trunk Sewer Project along the alignment. Negotiations are underway for proposed sewer easements to accommodate the trunk sewer through a privately-owned section of Wanda Way, but unfortunately these negotiations have not progressed sufficiently to meet the project schedule. Even though the negotiations are ongoing, staff is recommending that the Board authorize eminent domain proceedings in order to acquire these needed easements and meet the proposed construction schedule. Mr. Batts stated that the hearing has been scheduled to give the Board an opportunity to consider information related to this action and to receive testimony from affected property owners or interested parties. Senior Engineering Assistant Rick Hernandez introduced and presented the right-of-way requirements for the trunk sewer project. He stated that staff has been negotiating with property owners since July 28, 2005. Although negotiations are continuing, staff feels it would be appropriate to commence eminent domain proceedings in order to keep the project on schedule. He stated that certain findings must be made by the Board for eminent domain proceedings to take place: that the public interest and necessity require the proposed project; the proposed project is planned or located in the manner most compatible with the greatest public good and least private injury; and the property described in the Resolution is necessary for the proposed project. Environmental Services Division Manager Curt Swanson stated that the project will extend the public sewer into the Alhambra Valley from Gilbert Street up to the intersection with Alhambra Valley and Reliez Valley Roads. The line is 6,500 feet long, and will directly serve 70 properties and indirectly serve 150 properties. Existing septic tanks in the area are getting older and failing, and there is a growing public interest in extending the sewer into Alhambra Valley. The District prepared a facilities plan, which was completed and accepted by the Board in 2003. In September 2004, the Board authorized staff to begin designing the project, and in September 2005 the Board conceptually approved the project and addendum to the EIR. Mr. Swanson described the sewer route evaluation conducted as part of the facilities plan, and the criteria used. He stated that three feasible routes were identified, with the 1 0-20-05 38 preference being to provide gravity service rather than utilizing a pump station, and to locate the pipe in public or private roadways to allow easy access. In selecting the three routes, unstable areas were avoided and the number of creek crossings limited. He summarized the pros and cons of the three routes: (1) Wanda way to Strentzel Lane; (2) Wanda Way, Deodora Way and Peggy Lane; and (3) the Alhambra Valley Road route. With regard to the Wanda Way to Strentzel Lane route, which is the preferred option, all the sewers are located in utilities or roadways, which allows easy access. The route provides access to the ultimate tributary area by gravity service, and has only one creek crossing and one siphon. Excavations are 8-22 feet deep, with the majority less than 15 feet. I The Wanda Way, Deodora Way and Peggy Lane route requires easement sewers across five properties and construction in back yards with mature landscaping. Excavation depths are in the same range as the preferred option. The route may not allow gravity service to ultimate tributary area and pump stations may be needed. It also requires one more creek crossing than the preferred option. The Alhambra Valley Road route lies entirely in paved public rights of way. It is an area with a lot of traffic and heavily used by community. Deep excavations up to 40 feet deep would be necessary making construction difficult and heavily impacting traffic on Alhambra Valley Road. The route would require one less creek crossing than the preferred route but would make future connections more difficult because of the depth of the pipe. Member Menesini discussed variations on routes and the possibility of tunneling. Rick Hernandez showed maps showing the easements necessary for the project. He stated that notices were mailed to all property owners on October 3, 2005. In response to questions from District Counsel Kent Aim, Mr. Swanson confirmed that the preferred route previously described, which requires the easements shown, is the route which is of the greatest public good and which will cause the least damage to private I property. He stated that, with regard to the third route, along Alhambra Valley Road, tunneling would require a pipe larger than the proposed 12" pipe that would be used on Wanda Way. Also, access for maintenance of the pipe and for future connections would be very difficult due to the depth of the sewer. Member Menesini concurred with Mr. Swanson's comments and stated that the Alhambra Valley Road route also has many curves. He inquired about two properties for which owners were not listed. Mr. Swanson responded that agreements had already been reached with those property owners and therefore those properties are not included in the resolution. The public hearing was opened. Peter Allen, Wanda Way resident, addressed the Board, stating that he was also speaking on behalf of his neighbors. He said that, although not opposed to the project, he and his neighbors are concerned about the impact on the creek and their private roadway. He stated that he has been negotiating with Mr. Swanson since July 27,2005 and substantial progress has been made. He requested that the Board delay initiating eminent domain proceedings. Member Nejedly explained that the eminent domain takes a long time and has to start well I in advance in order to adhere to the project timeline. He thanked Mr. Allen for his cooperation in working with staff. District Counsel Kent AIm explained the eminent domain process. Member Menesini stated that the process is just beginning and that advertising for a contractor is still a long way off. He asked Mr. Allen to explain his concerns regarding the creek. Mr. Swanson responded that the creek will be tunneled, not excavated as Mr. Allen expected. 1 0-20-05 I I I 39 Matt Parkmen, Wanda Way resident, expressed support for the project but had concerns about the eminent domain process. He requested that the Board grant more time for negotiations. The public hearing was closed. It was moved by Member Lucey and seconded by Member Menesini to adopt Resolution of Necessity 2005-125, authorizing eminent domain proceedings, and confirming that the public interest and necessity require the proposed project; the proposed project is planned or located in the manner most compatible with the greatest public good and least private injury; and the property described in the Resolution is necessary for the proposed project. Motion passed by unanimous vote of the Board. 6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item 10.a. was taken out of order. 7. ITEMS HELD OVER FROM PREVIOUS BOARD MEETINGS a. ADOPT SALARY MODIFICATIONS FOR SPECIFIED POSITIONS AS RECOMMENDED IN MANAGEMENT SUPPORT/CONFIDENTIAL GROUP (MS/CG) SALARY SURVEY AND AMENDED JOB ClASSIFICATION DESCRIPTIONS (CONTINUED FROM OCTOBER 6. 2005) General Manager Charles Batts stated that this item regarding the adoption of the MS/CG Salary Survey was continued from the October 6, 2005 Board meeting. In order to allow time for the joint committee discussion of the outstanding issues, he stated that he is recommending that the item be continued to the November 3, 2005 Board meeting. It was moved by Member Menesini and seconded by Member Nejedly to continue the item to November 3, 2005. Motion passed by unanimous vote of the Board. 8. REPORTS a. GENERAL MANAGER 1) Update on South Orinda Sewer Improvements Proiect. Phase 2. DP 5558 General Manager Charles Batts stated that the South Orinda Sewer Improvements Phase 2 project has been under construction for over four months and is nearing completion. The project includes open-cut construction within Glorietta Boulevard and pipe bursting work in nearby hillside easements. Associate Engineer Alex Rozul presented an update on the project and some recent issues with the construction. He stated that the contract cost is $1,808,000 and described the scope of work of the project. The construction is expected to take 140 calendar days and be completed by the end of October, 2005. To date, the project is 90 per cent complete. Two change orders totaling $58,000 were issued, and two extra work orders are currently being negotiated. He described the advanced planning for the project, including installation of signs at various locations. Member Lucey commended staff on how the public notification was handled. He suggested modifications for the signage to make them more specific with regard to time. Member Nejedly suggested that language on the signs be made more customer friendly, and possibly have the font size larger. Mr. Rozul described the phasing of the project, which alleviated some of the traffic problems and inconvenience to the public. He stated that one of the challenges of 1 0-20-05 40 the project was mis-located utilities which required additional digging and hand digging in some locations. He showed photographs of the various stages of the project. In response to a question from Member Nejedly, he stated that the District updates its records when the mis-located utilities are finally located. He described one other cost issue to be addressed. Some of the sewer line backfill was loose, which caused cave-ins and required additional shoring by the contractor. I Finally, an additional pipe segment in need of immediate repair is being added as a change order. It is a line on Moraga Way and Steinway where approximately 80 feet of line needed to be replaced. Work hours will be restricted from 9:30 a.m. to 2:30 p.m. due to traffic concerns on Moraga Way. Staff hopes that the work will be completed within a week. 2) Landfill Gas Proposed Contract Extension General Manager Charles Batts stated that, on November 1, 2005, the District's landfill gas contract with Bulldog Power and Gas will expire. Bulldog has requested a change in the pricing structure. Plant Operations Division Manager Doug Craig described the current contract and pricing structure. The three-year contract was for 15,000 decatherms of landfill gas per month. The discounts ranged from 30% to 50%, depending on the price of gas, with no floor or ceiling. He displayed graphs comparing landfill gas contract prices and natural gas futures price projections. He also outlined Bulldog Power and Gas's new proposal. Member Nejedly stated that he would never support paying more for landfill gas than natural gas. I 3) Review of Draft Pipeline Newsletter General Manager Charles Batts stated that Communication Services Manager Harriette Heibel will review with the Board the draft Fall Pipeline newsletter. The Board Outreach Committee approved the article topics in August for this issue. Harriette Heibel briefly described the draft Pipeline issue and its articles. District Counsel Kent Aim responded to concerns regarding the possibility of the article regarding the Orinda-Moraga Disposal Service rebate containing libelous material. He concluded that, in his opinion, the District is not at risk. Ms. Heibel provided an overview of the other articles, including one regarding the Household Hazardous Waste Collection Facility no longer accepting pharmaceuticals, and the Pollution Prevention Awards. Board Members Nejedly, Lucey and Boneysteele requested that the article regarding the Orinda-Moraga Disposal Service refund be re-written in a low-key manner. Member Lucey requested that the article be published prior to the refunds being issued. Member Menesini asked that the article clearly indicate that the District was responsible for obtaining the funds for the refund. I 4) General Manager Charles Batts announced that the District hired the actuarial firm of AON Consulting to perform an actuarial study in connection with the Governmental Accounting Standards Board Statement 45 (GASB 45). This statement requires public agencies to calculate the current liability associated with the future costs of providing health care insurance to retirees. AON is 1 0-20-05 I I I 41 currently working on this study and staff is planning to bring it before the Board as part of the January Financial Planning and Policy Workshop. 5) General Manager Charles Batts announced that a paragraph has been added to the Board agenda stating that the District will hold its public meetings in a manner that is readily accessible to everyone, including those with disabilities. This is in compliance with requirements of the Americans with Disabilities Act. The additional wording instructs persons requiring special accommodations, such as those with hearing or physical impairments, to contact the District Secretary in advance of the meeting. Also, in the future staff will be undertaking a review of compliance requirements with current ADA requirements to ensure the District and its public meeting facilities are up to date in that regard. 6) General Manager Charles Batts stated that, in 2003, the City of Martinez closed the wooden pedestrian bridges in Hidden Lakes Park because of the supporting beam failure. This bridge also supports a District sewer line. The Board was advised of this issue at their meeting on January 23, 2003. The City proposed a cost sharing agreement for replacement of the bridges and sewers. District staff has studied the alternatives and cost, and determined that the lowest cost alternative for the District would be to mount the sewer line on the new bridge. Engineering staff is negotiating with City of Martinez staff for a Joint Powers Agreement to split the cost of the sewer line replacement and pedestrian bridges. In response to questions from Member Lucey, Director of Engineering Ann Farrell stated that she will clarify with the City of Martinez the details of the proposed cost sharing agreement, and whether it refers to the total project cost, including the bridges and pipe, or whether it refers to the cost to replace the bridges only. She stated that the matter will be brought back to the Board when more information is obtained. 7) General Manager Charles Batts announced that the San Francisco section of the American Society of Civil Engineers issued a report on the condition of the roads, sewer and water systems, parks, transit systems and bridges in the Bay Area. Wastewater structures received an "A-", the highest grade. 8) General Manager Charles Batts announced that several surplus District vehicles are being auctioned off on Saturday, October 30, 2005, at First Capitol Auction in Vallejo. The vehicles include two Ford Rangers, a Ford cargo van, and a Kenworth dump truck. b. COUNSEL FOR THE DISTRICT District Counsel Kent Aim reported that the Suzanne Brown case is set for trial on May 8, 2006, with court-ordered mediation scheduled for January 2006. A summary of the status of the case will be distributed to the Board prior to that time. c. SECRETARY OF THE DISTRICT The Secretary of the District stated that the Board received the draft 2006 Board Calendar in their agenda packets. She described the proposed revisions to shift the January meetings to the second and fourth Tuesdays, and to cancel one meeting in August. Board Members concurred with the revisions and directed the Secretary to finalize the Board Calendar. d. BOARD OF DIRECTORS 1) Member Lucey, Chair of the Budget and Finance Committee, reported that the Committee reviewed the Expenditures and took no exception. 1 0-20-05 42 It was moved by Member Lucey and seconded by President Hockett to approve the Expenditure List dated October 20, 2005, including Self Insurance Check Nos. 102266 to 102269, Running Expense Check Nos. 157613 to 157946, Sewer Construction Fund Check Nos. 28062 to 28131, Payroll Manual Check Nos. 49066 to 49071 , and Payroll Regular Check Nos. 55590 to 55623 as recommended. Motion passed by unanimous vote of the Board. 2) General Manager Batts reported on the October 17, 2005 Contra Costa Special Districts Association meeting. He stated that it was announced that all Board Members will be required to complete Ethics training within two years, I as required by current legislation. Member Boneysteele asked that, if possible, this be scheduled through the Special Districts Association. 3) Member Nejedly presented a report on October 18, 2005 Personnel Committee Meeting. 9. APPROVAL OF MINUTES: It was moved by Member Boneysteele and seconded by Member Menesini to approve the minutes of September 15, 2005. Motion passed by unanimous vote of the Board. 10. BUDGET AND FINANCE This item was taken out of order. a. RECEIVE THE AUDITED FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED JUNE 30. 2005 General Manager Charles Batts stated that the audit firm of Vavrinek, Trine, Day and Company has completed its audit of the District's Financial Statements for Fiscal Year ending June 30, 2005. It was a clean audit with no recommendations for improvements in I internal controls. Controller Debbie Ratcliff briefly reviewed the final audited financial results, stating that the audit revealed that no improvements or adjustments were necessary. She stated that, with regard to O&M revenues and expenses, the end of the year reflected total revenues of $42,257,000, which was very close to what was budgeted. Expenses closed at $42,295,000 million, which was $1.6 million under budget, primarily due to labor and benefits. Revenue and expenses were almost equal, with a small deficit of $38,000. On the Sewer Construction side, the District received revenue of $30 million, which was $7.6 million ahead of budget due to Dougherty Valley revenues coming in faster than anticipated. Expenditures were at $26.5 million, and were budgeted at $26.6 million. Self Insurance revenues closed at $360,000 and expenses closed at $746,000, about under $327,000 due to paying fewer claims than anticipated. The fund balance was $3,537,000. A.J. Major, a partner with the firm, discussed the audit results and financial statements. He described the GASB requirements, including GASB 45 regarding post-employment benefits. He stated that staff has been looking at the impact of this for some time and appears to be - on schedule to be able to implement this in a timely fashion. He stated that he concurs with raising the capitalization threshold for capital assets to $5,000. He also suggested that the District consider an annual investment performance review rather than every four years. 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION I None. 12. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None. 1 0-20-05 I 43 13. CLOSED SESSION: The Board recessed at 4:04 p.m. to reconvene in Closed Session in the Caucus Room to discuss labor negotiations pursuant to Government Code Section 54957.6 District Negotiators: Human Resources Manager Cathryn Freitas and Director of Administration Randy Musgraves; Employee Organization: Management Support Confidential Group (MS/CG) 14. REPORT OF DISCUSSIONS IN CLOSED SESSION: None. 15. ADJOURNMENT There being no further business to come before the Board, President Hockett adjourned the meeting at 4:30 p.m. ~~tUJJ-A44= President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: I ~~_ Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California I 1 0-20-05