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HomeMy WebLinkAboutBOARD MINUTES 07-18-96 119 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 18, 1996 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 July 18, 1996. President Menesini called the meeting to order and requested that the Secretary call roll. PRESENT: Members: ABSENT: Members: None 1. ROLL CALL Rainey, Dalton, Hockett, Boneysteele, Menesini None 2. PUBLIC COMMENTS 3. CONSENT CALENDAR It was moved by Member Rainey and seconded by Member Dalton, that the Consent Calendar, consisting of Items a. through c., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 96-104 accepting work and Offers of Dedication from George A. Biasotti, et ux, Job 5148, Parcel 1, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: b. Rainey, Dalton, Hockett, Boneysteele, Menesini None None Authorization was given for P. A. 96-6 (San Ramon), P.A. 96-7 (Danville), P.A. 96-8 (Martinez), and P.A. 96-9 (Walnut Creek) to be included in a future formal annexation to the District. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Dalton, Hockett, Boneysteele, Menesini None None The President of the District Board of Directors and the Secretary of the District were authorized to execute in triplicate a Joint Use Agreement with the State of California for Job 4654, Parcels 1 and 2, recording was authorized, and Resolution No. 96-105 was adopted to that effect. c. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Dalton, Hockett, Boneysteele, Menesini None None 07 18 96 120 a. 4. HEARINGS HOLD PUBLIC HEARING ON INHABITED DISTRICT ANNEXATION 134. AS AMENDED BY THE LOCAL AGENCY FORMATION COMMISSION (LAFCO) AND CONSIDER THE NEGATIVE DECLARATION BY THE TOWN OF DANVILLE President Menesini stated that the purpose of this public hearing is to consider testimony by affected property owners before acting on the proposed annexation of territory contained in District Annexation 134 as amended by LAFCO. Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that proposed District Annexation 134 is in the Lawrence/Leema Road area in the Town of Danville Sphere of Influence. During the past year, the Board has taken several actions relative to the development of this area. Mr. Dolan introduced Mr. Jarred Miyamoto-Mills, Principal Engineer, who described the location of the proposed annexation, the wastewater flow in the Lawrence/Leema Road area, and the parcels added by LAFCO. Mr. Miyamoto-Mills stated that the final action on District Annexation 134 is before the Board today. No protests have been received nor are there any persons present in the audience today to speak on this matter. Staff recommends that the Board approve inhabited District Annexation 134 as amended by LAFCO. Discussion followed with regard to the location of the property proposed for annexation and the format and content of the Negative Declaration. At 2:20 p.m., President Menesini opened the public hearing to receive testimony by affected property owners concerning proposed inhabited District Annexation 134 as amended by LAFCO. There being no comments, the public hearing was closed. It was moved by Member Rainey and seconded by Member Hockett, that Resolution No. 96-106 be adopted, certifying that the Board has reviewed the Negative Declaration, ordering the filing of a Notice of Determination as a responsible agency stating that the Board considered the Negative Declaration, concurring with the adoption of the Negative Declaration of LAFCO, and ordering the annexation of property contained in inhabited District Annexation 134 as amended by LAFCO. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Hockett, Dalton, Boneysteele, Menesini None None 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 6. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that the District's community education staff have been working diligently on the first District- wide newsletter, copies of which were distributed to the Board. Mr. Dolan thanked Board Members Rainey and Menesini who assisted in selection of the name and helped develop topics and graphics for the first newsletter. If Board approval is received today, the newsletter will be mailed during the month of August. Mr. Dolan introduced Ms. Harriette Heibel, Community Education Officer, who thanked Board Members Rainey and Menesini for their input. Ms. Heibel stated that the draft newsletter was printed in-house using the new Reprographics Service Center. The color will be slightly different when the final document is printed at the web site. Ms. Heibel discussed the content and reasons for various items that were included in the newsletter. 07 18 96 121 Following discussion of inclusion of notations indicating how often the newsletter will come out and the fact that it was designed and published in- house, the Board approved distribution and commended staff on the excellent newsletter. 2) Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Tim Tullis, Public Information and Production Assistant, who reported on activities planned in celebration of the District's 50th Anniversary. . The District's 50th Birthday Party/Annual Summer Student Picnic was held on July 15, 1996 at Hidden Valley Park in Martinez. This event was for employees, summer students, and Board Members. . The District Summer Picnic is tentatively scheduled for September 14, 1996 from 11 :00 a.m. to 5:00 p.m. at Castle Rock Park, Mt. Diablo. This picnic is especially for employees, retirees, Board Members, and their families. . The District Open House is scheduled for September 26, 1996 from 5:30 p.m. to 7:30 p.m. at the District Treatment Plant in Martinez. The open house is for the community, employees, retirees, Board Members, and their families. . A Commemorative Report to the Community is being prepared. This document will serve as a public information piece, commemorative record, and annual report. . A pictorial history of the District is being prepared for distribution to employees, retirees, Board Members, and community resources. . A commemorative video is being prepared. This will serve as a film recording of the District's 50-year history. It features past and current Central San' ers. President Menesini thanked Mr. Tullis for the update and commended staff on the effort that has gone into planning for the District's 50th Anniversary celebration. 3) Mr. Dolan, General Manager-Chief Engineer, stated that the Board recently approved a number of District Code changes that provided many improvements in the District's administrative procedures. Among those was the authority to impose late payment penalties and interest. Mr. Dolan distributed a handout showing delinquent accounts receivable greater than 120 days and recommended that the District pursue the proposed bill collection schedule as follows for all past due accounts: . After 60 days, send delinquent letter; . After 90 days, impose 10 percent penalty; . After 120 days, add 1.5 percent per month interest for the period beginning 60 days after the original billing; and . After 1 80 days, take further action such as initiating legal proceedings. Member Boneysteele expressed concern at the size and length of time the Pacific Bell account has been past due. Mr. Dolan stated that some of these bills may be in contention and efforts are being made to reach resolution. Following discussion, the Board endorsed imposition of penalties and interest for late payments to the District in accordance with the District Code. At the August 1, 1996 Board Meeting, Mr. Dolan will report back to the Board with regard to the Pacific Bell past due bills. 07 18 96 122 7) 8) 9) 10) 11 ) 07 18 4) Mr. Dolan, General Manager-Chief Engineer, announced that the new outsourced reprographics service has been well received. At no increase in cost to the District, capabilities have been increased. The pilot demonstration period will be completed in the near future and a year-to-year contract will be implemented. 5) Mr. Dolan, General Manager-Chief Engineer, announced that the District is advertising for the Moraga, Orinda Crossroads, and Lower Orinda Pumping Stations Phase II Project. Mr. Dolan described the scope of work and stated that the engineer's estimate for the upgrade is $3.85 million. 6) Mr. Dolan, General Manager-Chief Engineer, announced that the District is advertising for the M4-A Force Main Repair Project. The engineer's estimate for this work is $115,000. Mr. Dolan, General Manager-Chief Engineer, announced that the District received a check in the amount of $1,317,195.95 from CalTrans in connection with the Collection System Operations (CSO) Department Reconfiguration Project. Mr. Dolan, General Manager-Chief Engineer, distributed information received from the Contra Costa County Elections Department relative to the cost of candidate statements for various agencies. Mr. Dolan stated that this underscores the appropriateness of the Board's action to prevent the cost of the candidate statement for the District becoming prohibitive. Mr. Dolan, General Manager-Chief Engineer, announced that the District received a $133,805.22 dividend from State Workers' Compensation Fund reflecting the District's performance. Of that total, $118,952.85 was a divident for District performance and $14,852.37 was the District portion of the CASA Group bonus. Mr. Dolan commended all District employees for their safe work which made this possible. Mr. Dolan, General Manager-Chief Engineer, announced that the Contra Costa Special Districts Association met on July 15, 1996. At that meeting Supervisor Mark DeSaulnier discussed his Charter County proposal. The proposal is non-specific as to goals. It is proposed that an advisory ballot measure be placed on the November 1996 ballot, suggesting appointment of a charter commission which would develop a County Charter to be returned to the voters for approval in November 1 998. Mr. Dolan, General Manager-Chief Engineer, announced that there were two recent system overflows that entailed substantial volumes of sewage. . The first was in the West Branch Pumping Station area. On June 20, 1996, a contractor for East Bay Municipal Utility District (EBMUD) discharged disinfection and/or pressure test water from new water pipes at an extremely high flow rate. This exceeded Central San's authorized rate, and it exceeded the West Branch Pumping Station capacity. The Regional Water Quality Control Board (RWOCB) is considering enforcement against EBMUD and the contractor; but at this time, the RWQCB is not pursuing enforcement against Central San. . The second overflow occurred in the Upper Happy Valley area. It was discovered on July 2, 1996. Creek bank erosion had partially exposed a length of pipe, a joint had opened up, and it was leaking at approximately one gallon per minute. It is not known how long it had been leaking, but it was estimated at 10 days. A report has been made to the Regional Water Quality Control Board (RWQCB). The RWQCB may impose a fine. A short-term repair has been made. The long-term repair could involve a sizable project to relocate the pipe. 96 b. c. d. a. 123 COUNSEL FOR THE DISTRICT None SECRETARY OF THE DISTRICT 1 ) Ms. Joyce E. Murphy, Secretary of the District, distributed the District Board calendar for the months of July and August 1996. 2) Ms. Murphy, Secretary of the District, described the new automated position paper format, and received concurrence from the Board to proceed with implementation. 3) Ms. Murphy, Secretary of the District, announced that the filing period for election to the District Board of Directors is July 15, 1996 to August 9, 1996. 4) Ms. Murphy, Secretary of the District, announced that the deadline for making reservations for the August 21- 24, 1996 Annual California Association of Sanitation Agencies (CASA) work conference is tomorrow. Board Members interested in attending should contact Ms. Murphy. BOARD MEMBERS 1 ) Member Rainey reported on the June 27, 1996 Central Contra Costa Solid Waste Authority meeting at which the main topic of discussion was mitigation fees for the City of Pittsburg. No action was taken on the property valuation study relative to the Keller Canyon Landfill. It appears that no action will be taken for six months. 2) Member Rainey reported further on the July 15, 1996 Contra Costa Special Districts Association (CCSDA) meeting at which Supervisor Mark DeSaulnier discussed his Charter County proposal. Following discussion of the need to have a grasp of the law, the data, and the intention of the County, it was the consensus of the Board that staff resources be applied to this matter, that it be calendared for further update and discussion at the August 1, 1996 Board Meeting, and that Members Rainey and Hockett, as the representative and alternative to CCSDA, act as ad hoc committee on an as needed basis. 3) President Menesini announced that there will be a San Francisco Estuary Institute Teaching About Water Pollution Prevention: Students Taking Action Conference on October 26 and 27, 1996 and November 2 and 9, 1996. President Menesini encouraged interested Board and staff members to attend. 4) President Menesini announced that the State Regional Water Quality Control Board Inland Surface Waters Plan and the Enclosed Bays and Estuaries Plan are moving forward and requested an update on potential impacts on the District. 7. ADMINISTRATIVE ADOPT RESOLUTION DELEGATING AUTHORITY TO THE GENERAL MANAGER- CHIEF ENGINEER UNDER EMERGENCY CONDITIONS Mr. Dolan, General Manager-Chief Engineer, stated that this matter was discussed with the Board at the Special Board Meeting on June 11, 1996 and at the last Board Meeting. Counsel for the District has put together a resolution following the language from State law. Mr. Dolan stated that the proposed resolution is not intended to supplant or delay Board action, but to simply provide for the rapid response of the District pending Board action. 07 18 96 124 President Menesini stated that after reviewing the resolution and the description of what constitutes an emergency, the most important thing is that the Board be informed of the emergency situation even if it is after the fact. Member Boneysteele strongly urged adoption of the proposed resolution, since without it the District is severely handicapped with regard to responding to an emergency situation. It was moved by Member Boneysteele and seconded by Member Hockett, that Resolution No. 96-107 be adopted, delegating authority to the General Manager-Chief Engineer under emergency conditions. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Hockett, Rainey, Dalton, Menesini None None 8. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH MONTGOMERY WATSON FOR CONSTRUCTION RESIDENT ENGINEERING SERVICE. LAKEWOOD SEWER RENOVATION PROJECT. DP 4805 Mr. Dolan, General Manager-Chief Engineer, stated that the Lakewood Sewer Renovation Project is about 40 percent complete. There is need for supplemental staffing for a resident engineer. It is proposed that Montgomery Watson provide resident engineering services and train some of the District's Assistant Engineers on construction resident engineering duties so that permanent staff will gain experience to become resident engineers on future construction projects. Following discussion, it was moved by Member Boneysteele and seconded by Member Rainey, that the General Manager-Chief Engineer be authorized to execute a professional engineering services agreement with Montgomery Watson, with a cost ceiling of $75,000, for providing resident engineering services on the construction of the Lakewood Sewer Renovation Project, DP 4805. There being no objection, the motion was unanimously approved. b. AUTHORIZE THE ENGINEER MANAGER-CHIEF ENGINEER TO AMEND THE AGREEMENT WITH GEOSYNTEC CONSULTANTS TO INCREASE COST CEILING TO $198.000 FOR ENVIRONMENTAL CONSULTING SERVICES IN CONNECTION WITH THE TREATMENT PLANT SOIL REMEDIATION PROJECT. DP 7113 Mr. Dolan, General Manager-Chief Engineer, provided background on the Treatment Plant Soil Remediation Project, DP 7113, which began a number of years ago. Proceeding with the project is now warranted on the basis of the next plant expansion which will occur around the beginning of the next decade. It is expected that all of the intervening time will be needed to complete this project. Mr. Dolan introduced Mr. Randy Schmidt, Associate Engineer, who stated that about 30 years ago the District received material (petroleum byproduct sludge) from Shell Oil which was used for soil stability throughout the Treatment Plant site. A large portion of the contaminated area will be needed for secondary facilities expansion. The objective of this project is to implement the lowest cost, environmentally protective option for managing the contaminated soil. To that end, the District has entered into a Voluntary Agreement with the California Department of Toxic Substances Control (DTSC), The District subsequently developed conceptual alternatives. Next it will perform a site evaluation, and develop the optimal alternative. Mr. Schmidt reviewed the remediation alternatives and associated cost ranges. Mr. Schmidt presented the staff recommendation that the agreement with GeoSyntec Consultants be amended to allow them to assist with the Site Investigation Workplan. The total cost for GeoSyntec Consultants will be $300,000 with an overall project cost of $4 million to $5 million. Mr. Schmidt reviewed the project schedule which calls for construction in June 2000 and completion of the project the following year. 07 18 96 125 Following discussion, it was moved by Member Rainey and seconded by Member Dalton, that the General Manager-Chief Engineer be authorized to amend the Agreement with GeoSyntec Consultants to increase the cost ceiling to $198,000 to complete the Site Investigation Workplan for the Treatment Plant Soil Remediation Project, DP 7113. There being no objection, the motion was unanimously approved. 9. HUMAN RESOURCES . a. DELETE THE POSITION OF SENIOR ACCOUNTANT S-68 ($3,833 - $4,640), AND ADD ONE ACCOUNTANT POSITION G-62 ($3.312 - $4.007) TO THE ACCOUNTING SECTION, AND AUTHORIZE RECRUITMENT TO HIRE ONE ACCOUNTANT (G-62) It was moved by Member Hockett and seconded by Member Boneysteele, that the Senior Accountant position S-68 ($3,833 - $4,640) be deleted, that one Accountant position G- 62 ($3,312 - $4,007) be added, and that recruitment be authorized to hire one Accountant (G-62). There being no objection, the motion was unanimously approved. 10. APPROVAL OF MINUTES a. MINUTES OF REGULAR MEETING OF JUNE 6. 1996 It was moved by Member Rainey and seconded by Member Hockett, that the minutes of the Regular Meeting of June 6, 1996 be approved as presented. There being no objection, the motion was approved with Member Hockett abstaining because she was not present at the meeting of June 6, 1996. b. MINUTES OF EMERGENCY MEETING OF JUNE 11. 1996 It was moved by Member Rainey and seconded by Member Hockett, that the minutes of the Emergency Meeting of June 11, 1996 be approved as presented. There being no objection, the motion was approved with Member Hockett abstaining because she was not present at the meeting of June 11, 1996. c. MINUTES OF REGULAR MEETING OF JUNE 20. 1996 It was moved by Member Rainey and seconded by Member Hockett, that the minutes of the Regular Meeting of June 20, 1996 be approved as presented. There being no objection, the motion was unanimously approved. d. MINUTES OF SPECIAL MEETING OF JULY 3. 1996 It was moved by Member Rainey and seconded by Member Hockett, that the minutes of the Special Meeting of July 3, 1996 be approved with the following amendment: On page 2, the first paragraph, in the third line the words "to prospective candidates" were inserted after the word "cost;" and On page 2, the first paragraph, in the seventh line the word "the" was inserted before the word "candidates." There being no objection, the motion was unanimously approved. 11. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED JULY 18. 1996 Member Boneysteele, Chair of the Budget and Finance Committee, stated that he and President Menesini reviewed the expenditures and found them to be satisfactory. It was moved by Member Boneysteele and seconded by President Menesini, that the Expenditure List dated July 18, 1996, including Self-Insurance Check Nos. 101145- 101160, Running Expense Check Nos. 97294-97770, Sewer Construction Check Nos. 07 18 96 126 17192-17276, and Payroll Check Nos. 42327-42638, be approved as recommended. There being no objection, the motion was unanimously approved. 12. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 13. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None a. 14. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL ON EXISTING LITIGATION PURSUANT TO SUBSECTION (8) OF SECTION 54956.9 OF THE GOVERNMENT CODE The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a). The titles of the litigation discussed were: 1 ) CCCSD v. Orinda-Moraga Disposal Service, Inc., et al - Contra Costa County Superior Court No. C96-00562; and 2) Leonard/Beinke v. CCCSD - Contra Costa County Superior Court No. C96- 02566. At 4:23 p.m., President Menesini declared the closed session to discuss existing litigation pursuant to Government Code Section 54956.9(a) as noted above. Member Dalton excused himself and left the meeting at the hour of 5:28 p.m. At 5:39 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, reported that in the matter of CCCSD v. Orinda-Moraga Disposal Service, Inc., et ai, Contra Costa County Superior Court No. C96- 00562, the Board of Directors, on a 5-0 vote, authorized filing a cross complaint against Eckhoff Accountancy Corporation, and conditionally authorized filing a cross complaint against Macco Insurance Company contingent upon confirming certain facts; and in the matter of Leonard/Beinke v. CCCSD, Contra Costa County Superior Court No. C96-02566, the Board of Directors, on a 5-0 vote, authorized filing cross complaints against Concord Plumbing, Blackhawk Corporation, Blackhawk Development Company, Blackhawk Country Club, Country Club at Blackhawk Improvement Association, and Marriott Corporation. 16. ADJOURNMENT There being no further business to come before the Board, President Menesini adjourned the meeting at the hour of 5:42 p.m. .Þl ~-itJ -f¿. ~ President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: S re ry of the Central C tra a ta Sanitary District, County of Contra Costa, State of California 07 18 96