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HomeMy WebLinkAboutBOARD MINUTES 01-11-01 1 MINUTES OF THE ADJOURNED REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JANUARY 11, 2001 The District Board of the Central Contra Costa Sanitary District convened in an adjourned regular meeting at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on January 11, 2001. President Lucey called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Menesini, Hockett, Boneysteele, Lucey ABSENT: Members: Nejedly Member Nejedly had advised staff that he would be late and requested that the meeting begin without him. Member Nejedly entered the meeting at the hour of 3:02 p.m. a. ELECTION OF DISTRICT BOARD PRESIDENT AND PRESIDENT PRO TEM FOR 2001 This item was held until the arrival of Member Nejedly later in the meeting. Noting the presence of Mr. Don Manning, President Lucey departed from the order of the agenda to consider Item 3.a., Awards and Commendations. 3. AWARDS AND COMMENDATIONS a. PRESENTATION BY MR. DON MANNING OF CONTRA COSTA COUNCIL ECONOMIC PARTNERSHIP PLAQUE FOR OUTSTANDING CUSTOMER SERVICE - PERMIT COUNTER Mr. Don Manning stated that the Contra Costa Economic Partnership is dedicated to the long-term economy and vitality of Contra Costa County. Over the past three years the Economic Partnership has worked with the various permitting agencies, presenting awards for outstanding achievements. This year the award focused on customer service. Surveys were mailed to the various agencies that do permitting day in and day out. Mr. Manning stated that he is pleased to announce that Central Contra Costa Sanitary District is the recipient of the Contra Costa Council Economic Partnership Award for Outstanding Customer Service at its Permit Counter. Mr. Manning stated that clearly the District is doing something right because it has many satisfied customers. Mr. Manning read excerpts from some of the surveys. Mr. Manning stated that the Contra Costa Council Economic Partnership is very pleased to recognize this accomplishment and present a plaque for Excellence in Customer Service in Permitting to Central Contra Costa Sanitary District. President Lucey thanked Mr. Manning and recognized and commended Supervising Engineering Assistant Lesley Klein, Engineering Assistant III Molly Mullin, Engineering Assistant II's Melody LaBella and A. J. Silva, and Engineering Assistant I Brenda Wener for the outstanding customer service they provide. At this time, President Lucey reverted to the order of the agenda. 1. ROLL CALL b. INTRODUCE NEW EMPLOYEES . BRUCE LEWIS. INSTRUMENT TECHNICIAN . SUSAN WAINER. SECRETARY I 01 11 01 2 Mr. Bruce Lewis, Instrument Technician, and Ms. Susan Wainer, Secretary I, were introduced and welcomed to the District by President Lucey and the Board of Directors. 2. PUBLIC COMMENTS President Lucey noted that copies of a letter dated January 8, 2001 from Mrs. Christa Freihofner, resident of Estero Drive in San Ramon, concerning the incidents at 1190 Glen Road in Lafayette and the San Ramon (Larwin) Pumping Station, were received and distributed to the Board. Mrs. Gayle L. Pulley addressed the Board relative to the ongoing work at 1190 Glen Road, Lafayette. Mrs. Pulley stated that Ms. Kim Greer, from the District's Safety and Risk Management Office, has taken her to various stores to look at items such as sinks and floors. Mrs. Pulley stated that although she expressed her preferences, she was not aware that the items were being ordered and installed, and she is very angry about that. Mrs. Pulley requested that the District hire a Feng Shui consultant and decorator to assist in this process. Mrs. Pulley read excerpts from a letter from her sister describing the benefits of using a Feng Shui consultant and decorator. Mrs. Pulley stated that things are moving too fast. Mrs. Pulley stated that she needs better help and communication. Mrs. Pulley requested that the District hire an architect and a designer to assist her. Mrs. Pulley stated that there have been two things she has requested, that the contaminated linoleum floor in the kitchen be removed and that the paint be removed from the brick. Mrs. Pulley stated that she was told the paint would not be removed from the brick and that the kitchen remodel was being stopped. Mrs. Pulley stated that she wants to have wooden floors with the wood put into the home and acclimated before it is stained. Mrs. Pulley stated that she knows she needs to get back into the home but she feels she is being pushed and rushed. Mr. Algie Pulley addressed the Board. Mr. Pulley stated that he appreciates all the Board and staff efforts to rectify this situation. Mr. Pulley thanked the Board and staff. 4. CONSENT CALENDAR It was moved by Member Hockett and seconded by President Lucey, that the Consent Calendar consisting of Items a. and b., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Authorization was given for proposed annexation P.A. 01-01 (Walnut Creek), P.A. 01-02 (Martinez), P.A. 01-03 (Alamo), P.A. 01-04 (Danville), and P.A. 01-05 (Orinda) to be included in a future formal annexation to the District. Motion approved on the following vote: AYES: Members: Hockett, Lucey, Menesini, Boneysteele NOES: Members: None ABSENT: Members: Nejedly b. Resolution No. 2001-001 was adopted, confirming publication of District Ordinance No. 214 amending District Code Section 6.20.300, Schedule of Reimbursement Fees, to establish reimbursement fees applicable to properties which could directly connect to Project 5218,5309,5346, 5375, 5381, and 5391. 01 11 01 3 Motion approved on the following vote: AYES: Members: Hockett, Lucey, Menesini, Boneysteele NOES: Members: None ABSENT: Members: Nejedly 5. HEARINGS a. CONDUCT A PUBLIC HEARING: ADOPT A RESOLUTION OVERRULING PROTESTS: ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION. ARTICLE XIIID. SECTION 4: ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT: AND AUTHORIZE EXECUTION OF AGREEMENT WITH REGENT PLACE PARCEL OWNERS IN CONJUNCTION WITH THE REGENT PLACE CONTRACTUAL ASSESSMENT DISTRICT NO. 2000-2 Mr. Charles W. Batts, General Manager, introduced Mr. Curtis W. Swanson, Environmental Services Division Manager, who reviewed the Board decision points relating to the Contractual Assessment District (CAD) process. First the Board initiates formation of the CAD; then a public hearing is conducted to consider and approve the Engineer's Report and assessment; the Board makes a decision whether to proceed with funding for the CAD and if funding is authorized, improvement is ordered; and finally after the construction has been completed and all the bills have been received, the final assessments are confirmed and levied. In response to a question from President Lucey, Mr. Swanson stated that the Regent Place CAD meets all of the Board's CAD criteria. Mr. Swanson stated that the Regent Place CAD No. 2000-2 is at the second decision point. Mr. Swanson showed a map of the area and indicated that the Regent Place CAD could potentially serve ten homes on septic tanks on Regent Place in Alamo. The Board approved initiation of the Regent Place CAD in May 2000. The Regent Place CAD consists of 591 feet of 8-inch sewer, four manholes, and ten lateral sewers. The estimated cost of the CAD is $130,403. The estimated cost per participant varies depending on the ultimate number of participants, ranging from $14,492 or $2,086 annually for ten years for nine participants to $13,043 or $1,877 annually for ten years for ten participants. This is based on a calculated interest rate of 7.5 percent. Mr. Swanson stated that if the Board approves the Regent Place CAD, three CAD's with a total estimated cost of $341,830 will have been approved during the 2000-2001 fiscal year, leaving a budget of $658,170 remaining for the balance of the fiscal year. At 2:30 p.m., President Lucey opened the public hearing to announce the tabulation of ballots submitted by owners of each affected parcel and to receive comments on the Regent Place CAD No. 2000-2. Mr. Swanson announced the results of the ballots submitted by owners of each affected parcel in the Regent Place CAD No. 2000-2. Ten ballots were received. Nine ballots were in favor of and one declined to participate at this time in the proposed assessment. Mr. Paul Famular, 140 Regent Place, Alamo, addressed the Board. Mr. Famular stated that he represents the Regent Place neighborhood. Mr. Famular stated that he has been working on the Regent Place project for about six years. Mr. Famular thanked the Board for the opportunity to utilize the CAD Program, stating that the project would not have been possible without it. Mr. Famular also thanked District staff members for their assistance. Mr. Famular stated that if Board approval is received today, construction should begin in the next two to three weeks depending on weather conditions. There being no further comments, President Lucey thanked Mr. Famular for his comments and closed the public hearing at the hour of 2:33 p.m. 01 11 01 4 It was moved by Member Hockett and seconded by Member Menesini, that Resolution No. 2001-002 be adopted, overruling protests for the Regent Place CAD No. 2000-2; that Resolution No. 2001-003 be adopted, confirming compliance with California Constitution, Article XIIID, Section 4; that Resolution No. 2001-004 be adopted, approving the Engineer's Report, assessments, and ordering improvement; and that the General Manager be authorized to execute an agreement with the Regent Place parcel owners. Motion approved on the following vote: AYES: Members: Hockett, Menesini, Boneysteele, Lucey NOES: Members: None ABSENT: Members: Nejedly b. CONDUCT A PUBLIC HEARING AND CONSIDER ANNEXATION NO. 150. PARCELS 14 AND 15 INHABITED DISTRICT Mr. Batts, General Manager, introduced Mr. Curtis W. Swanson, Environmental Services Division Manager, who stated that District Annexation 150 was begun in May 2000 for properties at 15 different locations throughout the District. Typically there is a two-step process involved in annexations. The District Board initiates application to the Local Agency Formation Commission (LAFCO); and after LAFCO acts, the District Board orders completion of the annexation. There are more than 12 properties at two of the locations in District Annexation 150, Parcels 14 and 15. LAFCO requires that a public hearing be held to complete the annexation in those cases. Mr. Swanson stated that both of these areas happen to be part of District Contractual Assessment Districts (CAD's), the Grothman/Alhambra CAD No. 98-4 and the Muir Lane CAD No. 99-2. Mr. Swanson stated that in the future completion of annexations involving CAD's of more than 12 properties, will be included with the CAD public hearing. Mr. Swanson stated, that as required by law, all homeowners were advised of this public hearing. At 2:36 p.m., President Lucey opened the public hearing to receive comments on Inhabited District Annexation 150, Parcels 14 and 15. There being no comments or written protests, the public hearing was closed. It was moved by Member Hockett and seconded by Member Menesini, that Resolution No. 2001-005 be adopted, independently finding that the annexation is exempt from the California Environmental Quality Act (CEQA) and ordering completion of inhabited District Annexation 150, Parcels 14 and 15. Motion approved on the following vote: AYES: Members: Hockett, Menesini, Boneysteele, Lucey NOES: Members: None ABSENT: Members: Nejedly 6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item 1.a., Election of District Board President and President Pro Tem for 2001, was taken out of order later in the agenda, and Item 3.2., Awards and Commendations, was taken out of order earlier in the agenda. 7. BIDS AND AWARDS a. AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO KAWEAH CONSTRUCTION COMPANY FOR THE PIPING RENOVATION PROJECT. DP 7183B Mr. Batts, General Manager, introduced Mr. Jim Belcher, Senior Engineer, who indicated that the scope of this project includes replacing or renovating piping in various Treatment Plant process areas. 01 11 01 5 Member Menesini asked if consideration is given to upgrading and new ways of doing things when these types of renovations are made. Mr. Belcher stated that in each of these areas ways to improve or provide longer lives were considered and incorporated where appropriate. Mr. Belcher described some of the changes such as replacing the cold tar epoxy with a new material, grit pumping changes to deal with wear and abrasiveness, and modifications to piping to help control foam formation in the aeration and nitrification tanks. It was moved by Member Menesini and seconded by Member Boneysteele, that award of a construction contract in the amount of $1,091,918 for the Piping Renovation Project, DP 7183B, be authorized to Kaweah Construction Company, the lowest responsible bidder. There being no objection, the motion was approved with Member Nejedly being absent. b. AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO MOUNTAIN CASCADE. INC.. AND AUTHORIZE CONSULTING AGREEMENTS WITH MONTGOMERY WATSON. SOHO ENGINEERS. AND HARRIS AND ASSOCIATES FOR THE PLEASANT HILL RELIEF INTERCEPTOR. PHASE 4 PROJECT. DP 5170 Mr. Batts, General Manager, stated that at recent Board Meetings the Board was provided with an overview of this project and construction impacts, legal issues relating to prequalification of contractors based on a recent federal court decision, and a report of the public workshop held on November 15, 2000. Mr. Batts stated that despite the low bidder's performance on the South Orinda Sewer Improvement Project and the higher than expected bid amount, staff recommends that the District proceed with the project. Mr. Batts introduced Mr. Tad Pilecki, Senior Engineer, who stated that staff has done a detailed analysis of why the bids for the Pleasant Hill Relief Interceptor Project, Phase 4, came in higher than the engineer's estimate. Higher bids were received in part because the District underestimated the complexity of work in the concrete channel, and in part because it underestimated general contractor costs associated such things as energy, material availability, and labor shortage. Mr. Pilecki showed slides and described issues relating to the Grayson Creek flood control channel work which accounts for approximately $700,000 of the difference between the engineer's estimate and the bids received. The alternate route along Ruth Drive is longer than the Grayson Creek flood control channel route making costs comparable and it would have impacted residents significantly. Mr. Pilecki stated that the other area where the project costs were impacted is energy costs and material availability. Mr. Pilecki reviewed the differences in costs from previous projects compared to the bid price showing a 36 percent to 43 percent increase in energy costs and material availability, which accounts for approximately $250,000 of the difference between the engineer's estimate and the bids received. Mr. Pilecki reviewed the bid history for the Pleasant Hill Relief Interceptor Project, showing the engineer's estimates and the low bid for Phase 1 and 2 in 1993, Phase 3 in 1995, and the current Phase 4 bid. The engineer's estimates for the four phases total $30.2 million compared to the low bids for the four phases which total $28.1 million. Mr. Pilecki stated that as a result of the problems on the South Orinda Sewer Improvement Project, the following tools will be used in addressing concerns with contractor and subcontractor performance: . Board and staff concerns and expectations will be clearly communicated to Mountain Cascade. . There will be direct District involvement in oversight of the project. A District engineer familiar with the issues will be transferred to construction to ensure that Mountain Cascade lives up to its commitments. . The District's microtunneling specifications were tightened for the Martinez project where NADA Pacific was the microtunneling subcontractor and performed satisfactorily. 01 11 01 6 . A manual for field management practices for water quality protection has been developed and will be utilized. . Liquidated damages for public hardship or negative impact have been developed and will be imposed for failure to meet those requirements in addition to any damages that may be related to failure to meet those requirements. . More extensive communication with the City and the impacted public has and will continue to occur. . The District project team has a raised level of concern. Discussion followed with regard to responsibility for any citations that might be received in connection with this project, considerations given to seismic and other related conditions, trenching technology incorporated into the project in confined areas to reduce impacts on residents, and the monitoring system that will be used to measure movement of concrete walls should any occur. Following discussion, it was moved by Member Hockett and seconded by Member Menesini, that award of a construction contract in the amount of $8,565,241 for construction of the Phase 4 Pleasant Hill Relief Interceptor Project, DP 5170, be authorized to Mountain Cascade, Inc., the lowest responsible bidder; that a consulting agreement in the amount of $181,000 be approved with Montgomery Watson to provide office engineering service; that a consulting agreement in the amount of $90,000 be approved with Harris and Associates to provide concrete specialist inspection, and that a consulting agreement in the amount of $82,000 be approved with SOHO Engineers to perform a preconstruction damage assessment. The motion was approved with President Lucey voting no and Member Nejedly being absent. President Lucey stated that he voted no because he is not confident in Mountain Cascade and NADA Pacific to perform the work. They have already cost the District extra money to ensure they do not perform as they did on a previous project for the District. Mr. Batts stated that staff has attempted to address those concerns and will be meeting regularly with both the contractor and subcontractor. Staff will keep the Board informed. a. 01 8. REPORTS GENERAL MANAGER 1 ) Mr. Batts, General Manager, stated that when new homes or businesses are first connected to the public sewer system, various fees referred to as connection fees, are paid to the District. The most significant of those fees is the Facilities Capacity Fee. The current approach to setting these fees was established in 1994. Recent legislation has changed the requirements for calculation of the Facilities Capacity Fee. Staff has reviewed the District's existing approach and concluded that several changes are appropriate. Staff will present an introduction to this issue today and this matter will be discussed further at the Board workshop on January 25, 2001. Mr. Batts introduced Mr. Jarred Miyamoto-Mills, Principal Engineer, who stated that connection fees include permit and inspection fees, annexation charges, a portion of the first year's Sewer Service Charge, reimbursement fees if appropriate, and Capital Improvement (Capacity) Fees. Capacity Fees include fees for facilities capacity and pumped zone. The focus of this discussion is Capital Improvement (Capacity) Fees. Capital Improvement Fees are currently 20 to 25 percent of the Sewer Construction Fund revenue and 5 to 10 percent of total District revenue. This revenue is somewhat unpredictable since it is dependent on the rate of development which in turn is dependent on trends in local economic conditions. Since 1994, Capacity 11 01 7 Fees have been determined on a mixed basis and include both an existing assets component and a future facilities component. Recently enacted and proposed legislation prômptêd staff review. Current Capacity Fees are $2,572/RUE (Residential Unit Equivalent) for gravity service and $2,920/RUE for pumped service. Mr. Miyamoto-Mills showed a comparison of Connection Fees for 16 nearby agencies noting that current District fees fall in the lower third. Member Nejedly entered the meeting at the hour of 3:02 p.m. Mr. Miyamoto-Mills stated that the average and the median of these 16 Connection Fees is about $5,300. In September 1998 Senate Bill (SB) 1760 was enacted and signed by the Governor. SB 1760 redefined "capacity charge" as either charge to buy-in to existing assets or charge for future facilities to be constructed that will benefit the customer or property. Most Central Contra Costa Sanitary District assets needed to serve future customers exist, so the buy-in method seems to be the most appropriate and is the proposed Connection Fee approach. In the buy-in calculation, the value of assets would be divided by the number of RUE to obtain the Capacity Fee. If this formula is applied, District assets totaling approximately $1 billion would be divided by approximately 150,000 RUE's for about a 30 percent increase, bringing the proposed Connection Fee for gravity service to $3,360/RUE and the proposed Connection Fee for pumped service to $4,070/RUE. The current District fees have been in place for over seven years. Mr. Miyamoto-Mills showed a comparison of connection fees showing the proposed fees and noted that the proposed fees still fall below the median when compared with the other nearby agencies. Mr. Miyamoto-Mills stated that another issue identified in the staff review of the Connection Fees was possible main sewer buy-in. Main sewers were not installed by the District and are not included in the Capacity Fee. The District is responsible for maintaining capacity in perpetuity through periodic renovation of main sewers. Some properties have not contributed to the cost of the main sewer. If the Board considered a main sewer buy-in fee it would apply only to connections where the connector's contribution has not otherwise been made and would exclude main sewer extension installers, Contractual Assessment District (CAD) or Local Improvement District (LID) participants, and connectors subject to reimbursement fees. If the same formula described above were applied for main sewer buy-in, it would result in $3,521/RUE in addition to other Capacity Fees for a total Connection Fee of about $6,800. That would apply to about 15 to 30 percent of the connections to the District. Mr. Miyamoto-Mills stated that the revenue potential for the 2001-2002 fiscal year assuming 1,830 new units would be $840,000 for gravity zone, $180,000 for pumping zone, and $1-2 million for main sewer buy-in. Mr. Miyamoto-Mills stated that the purpose of this report was to introduce this subject to the Board and to begin a dialogue with the Board. There will be further discussion at the January 25, 2001 Board Meeting and throughout the budget process this year. It is proposed that any changes in these fees approved by the Board would be implemented on July 1, 2001. In response to a question from Member Nejedly, Mr. Miyamoto-Mills stated that any changes in these fees would apply to both residential and commercial customers. 2) Mr. Batts, General Manager, stated that District staff has met with the Executive Director of the Central Contra Costa Solid Waste Authority (CCCSWA) to discuss their proposal for curbside pickup of household hazardous waste. CCCSWA staff has not yet brought the proposal to their Board but expects to by the end of the month. Mr. Batts stated that based on the CCCSWA Board's response, CCCSWA staff would be asked to make 01 11 01 8 b. c. d. a presentation to the District Board of Directors and then to the District's partners in the Household Hazardous Waste Collection Facility. 3) Mr. Batts, General Manager, introduced Mr. Don Rhoads, Field Operations Superintendent, who was present representing Mr. John Larson, Director of Collection System Operations (CSO). Mr. Batts announced that the CSO Annual Safety Awards luncheon will be held on January 31, 2001. 4) Mr. Batts, General Manager, announced that there will be a training session for 35 District employees on building public consensus for construction projects and other public projects. The training will be held at Lindsay Museum in Walnut Creek. 5) Mr. Batts, General Manager, announced that the Environmental Protection Agency is expected to publish its proposed Rule on Sanitary Sewer Overflows and the CMOM (Capacity, Management, Operations and Maintenance) Program in the near future. This regulation is related to permitting of satellite collection systems such as Concord. 6) Mr. Batts, General Manager, stated that there will be a Financial Planning and Policy Workshop as part of the January 25, 2001 Board Meeting. COUNSEL FOR THE DISTRICT None SECRETARY OF THE DISTRICT None BOARD MEMBERS 1 ) Member Menesini announced that the January 22, 2001 Environmental Alliance Discussion Series will feature Mr. Igor Skaredoff, Editorial Coordinator, discussing development of the Alhambra Creek Watershed Management Plan. The meeting will be held at noon at the John Muir National Historic Site in Martinez. All those interested are invited to attend. RECESS At 3:36 p.m., President Lucey declared a recess, reconvening at the hour of 3:44 p.m. with all parties present as previously designated. At this time, President Lucey returned to Item 1.a. a. 1. ROLL CALL ELECTION OF DISTRICT BOARD PRESIDENT AND PRESIDENT PRO TEM FOR 2001 It was moved by President Lucey and seconded by Member Nejedly, that Member Barbara D. Hockett be elected District Board President for 2001. Member Hockett was elected by unanimous acclamation. It was moved by Member Nejedly and seconded by President Lucey, that Member Mario M. Menesini be elected President Pro Tem of the District Board of Directors for 2001. Member Menesini was elected by unanimous acclamation. President Lucey congratulated Members Hockett and Menesini on their election and reverted to the order of the agenda. 01 11 0"1 9 9. ADMINISTRATIVE Mr. Batts, General Manager, stated that District staff has completed negotiations for renewal of the contract for labor and employment legal services with the firm of Hanson, Bridgett, Marcus, Vlahos & Rudy, the firm selected by the Board in 1998 through a competitive process. Staff believes that this firm has provided excellent service in labor negotiations and employment-related matters and recommends Board approval of the contract renewal. Following discussion, it was moved by Member Hockett and seconded by President Lucey, that the contract for District labor and employment-related legal services with W. Daniel Clinton, Esq., and associates at the firm of Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP for the period from January 1, 2001 through December 31, 2003, be approved and that the Board of the Board of Directors be authorized to execute said contract. Motion approved with Member Menesini voting no. 10. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH GEOSYNTEC CONSULTANTS TO DEVELOP THE 100 PERCENT DESIGN DOCUMENTS FOR THE BASIN A SOUTH SOIL COVER AND PROVIDE EXPERT CONSULTATION DURING NEGOTIATIONS WITH THE DEPARTMENT OF TOXIC SUBSTANCES CONTROL AT A COST NOT TO EXCEED $65.000 - Mr. Batts, General Manager, stated that after several years of scientific studies, risk assessments, and negotiation with the California Department of Toxic Substances Control, it is now appropriate to complete the final design and begin construction on the closure of Basin A South. Mr. Batts introduced Mr. Randy Schmidt, Senior Engineer, who stated that today the Board is being asked to authorize a contract with GeoSyntec Consultants to assist with completion of State agency negotiations, finalization of design of Basin A Closure, and bidding the construction project. Mr. Schmidt reviewed the history of this issue which began about 1965 when approximately 5,000 cubic yards of a petroleum by- product sludge from Shell Oil was disposed of at the District treatment plant site. The material was used to stabilize areas around the old sludge drying lagoons. At that time there were no regulations relating to this sort of material. From 1965 to 1980 various construction activities distributed the material throughout the plant site. In 1981 the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) was implemented and Shell Oil notified the Department of Health Services (DOHS) and the District that the material placed on the District plant site in 1965 had been listed as hazardous waste. Between 1982 and 1990 there were several communications between DOHS and the District but no remedial action was taken and none was required. In 1991 the Department of Toxic Substances Control (DTSC) replaced DOHS as the lead agency. The District considered using Basin A South and the surcharge fill area for a bypass pipeline and expansion of the secondary process. DTSC indicated that 300,000 cubic yards of hazardous material would require remediation prior to use of this area. It was estimated that the cost of that remediation could be $90 million. Between 1992 and 1995, by working diligently with DTSC using good science and with the help of Shell Oil, the remediation volume dropped to 50,000 cubic yards with a cost to remove and incinerate of about $15 million. Shell Oil agreed to partial reimbursement of the costs up to a maximum of $180,000, and the District signed a voluntary agreement with DTSC. Between 1996 and 2000, because there was no evidence of migration to groundwater and low human health risk for short exposure, the District was able to negotiate a reduction in the remediation requirement to cap and containment at an estimated cost of approximately $1 million. DTSC has agreed at least in theory to this. Mr. Kenton L. Aim, Counsel for the District, stated that the voluntary agreement is not binding on either party. The District tried to get a binding agreement but DTSC would not agree to that. Part of the reason the District was able to do this is because there was testing done and there are no health hazardous or risks, so the idea is to cap it and leave the material in place. 01 11 01 10 Mr. Schmidt stated that the District is in the last steps of putting together a removal action work plan for public comment and DTSC approval. Notification will be published in the newspaper and a public workshop will be held. Public comments received will be addressed and a final design will be prepared. It is planned that the construction project will be bid in Spring 2002. Following discussion it was moved by Member Hockett and seconded by Member Menesini, that the General Manager be authorized to execute an agreement with GeoSyntec Consultants for design of the Basin A South soil cap and to provide expert environmental consultation at a cost not to exceed $65,000. There being no objection, the motion was unanimously approved. b. AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH G. S. DODSON AND ASSOCIA rES FOR THE FINAL DESIGN OF THE LOWER ORINDA PUMPING STATION RENOVATION PROJECT. DP 5448 Mr. Batts, General Manager, stated that at the last Board Meeting, staff provided an update on the progress of the Lower Orinda Pumping Station Project and the level of design work required. The firm of G. S. Dodson and Associates recently completed the predesign and has been selected for the final design work. Board approval is requested. Discussion followed with regard to using the same firm for predesign and design and the need to ensure the District receives value for that, and incorporation of new and different technologies that may be appropriate for this project. President Lucey asked that staff provide the Board with a report of the number and amount of predesign/design contracts awarded during the last three years. Ms. Ann E. Farrell, Director of Engineering, stated that all of that information is readily available in the Engineering Department monthly reports and will be provided to the Board. It was moved by Member Menesini and seconded by Member Boneysteele, that the General Manager be authorized to execute a cost reimbursement agreement with G. S. Dodson and Associates for $693,761 for design of the Lower Orinda Pumping Station Renovation Project, DP 5448. There being no objection, the motion was unanimously approved. Member Menesini requested that the Board be provided with periodic progress reports on this project. a. 01 11. HUMAN RESOURCES ADOPT JOB CLASSIFICATION DESCRIPTIONS FOR POSITIONS IN THE GENERAL EMPLOYEES' BARGAINING UNIT b. DELETE MATERIALS COORDINATOR III POSITION (G59. $3.609-$4.475); AND ADD ONE MATERIALS 1/11 POSITION (G49. $2.849-$3.529/G52. $3.057-$3.785) c. DELETE ONE ENGINEERING ASSISTANT III POSITION: CREATE ONE DEPARTMENTAL INFORMATION SYSTEMS ANALYST POSITION (G72. $4.919- $5.955) AND ADOPT JOB CLASSIFICATION DESCRIPTION: RECLASSIFY ENGINEERING ASSISTANT III HARRY VAILE (G-69. $4.579-$5.537) TO DEPARTMENTAL INFORMATION SYSTEMS ANALYST d. DELETE ONE SENIOR ENGINEER POSITION (S-83. $6.427-$7.771\: CREATE ONE PRINCIPAL ENGINEER POSITION (S-87. $7.083-$8.568); RECLASSIFY SENIOR ENGINEER TAD PILECKI TO PRINCIPAL ENGINEER e. RECLASSIFY SENIOR VEHICLE AND EQUIPMENT MECHANIC RICHARD BOYLAN (G-65. $4.157-$5.164) TO VEHICLE AND EQUIPMENT MAINTENANCE SUPERVISOR (S-71. $4.822-$5.979): DELETE SENIOR VEHICLE AND EQUIPMENT MECHANIC POSITION 11 01 11 Mr. Batts, General Manager, stated that this group of position papers was reviewed by the Board Personnel Committee. Staff would be happy to answer any questions. Following discussion, it was moved by Member Nejedly and seconded by President Lucey, as follows: . that the job classification descriptions for the positions in the general employee bargaining unit be adopted; . that the Materials Coordinator III position (G-59, $3,609-$4,475) be deleted and that one Materials Coordinator 1/11 position (G-49,$2,849-$3,529/$G-52, $3,057-$3,785) be adopted; . that one Engineering III position (G-69, $4,579-$5,537) be deleted, that one Departmental Information Systems Analyst position (G- 72, $4,919-$5,955) be created and the job classification description adopted, and that Engineering Assistant III Harry Vaile be reclassified to Departmental Information Systems Analyst; . that one Senior Engineer position (S-83, $6,427-$7,771) be deleted; that one Principal Engineer position (S-87, $7,083-$8,568) be created, and that Senior Engineer Tad Pilecki be reclassified to Principal Engineer; and . that one Vehicle and Equipment Maintenance Supervisor position (S- 71, $4,822-$5,979) be created, that Resolution No. 2001-006 be adopted adding that position to the Management Support/Confidential Group, that Senior Vehicle and Equipment Mechanic Richard Boylan (G-65, $4,157- $5,164) be reclassified to Vehicle and Equipment Maintenance Supervisor, and that the Senior Vehicle and Equipment Mechanic position be deleted. There being no objection, the motion was unanimously approved. a. b. c. 12. APPROVAL OF MINUTES MINUTES OF ADJOURNED REGULAR MEETING OF NOVEMBER 30. 2000 MINUTES OF REGULAR MEETING OF DECEMBER 7. 2000 MINUTES OF REGULAR MEETING OF DECEMBER 21. 2000 It was moved by Member Menesini and seconded by Member Nejedly, that the minutes of the Adjourned Regular Meeting of November 30, 2000, the minutes of the Regular Meeting of December 7, 2000, and the minutes of the Regular Meeting of December 21, 2000, be approved as presented. There being no objection, the motion was unanimously approved. a. 13. APPROVAL OF EXPENDITURES EXPENDITURE LIST DATED JANUARY 11. 2001 Member Menesini, Chair of the Budget and Finance Committee, stated that he and Member Boneysteele reviewed the expenditures and found them to be satisfactory. It was noted that PG&E rates are going up and that should be reflected in the budgeting process. ." It was moved by Member Menesini and seconded by Member Boneysteele, that the Expenditure List dated January 11, 2001, including Self Insurance Check Nos. 101676- 101682, Running Expense Check Nos. 129297-129565, and Sewer Construction Check Nos. 22886-22926, be approved as recommended. There being no objection, the motion was unanimously approved. 01 11 01 12 14. BUDGET AND FINANCE a. RECEIVE NOVEMBER 2000 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance for the month of November 2000, noting that expenditures were $176,000 greater than budget, representing a 6.3 percent unfavorable variance. Year-to-date expenditures were $698,000 less than budget, representing a 4.8 percent favorable variance. Year-to-date revenues of $2,651,000 were $62,000 greater than budget. 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 5.6 percent to 6.77 percent. The latest interest rate as of May 2000 was 6.4 percent. The average yield of the District's LAIF account through October 2000 was 6.5 percent. President Lucey declared that the November 2000 Financial Statements were duly received. 15. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 16. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Nejedly requested a report on the impacts of gas and electric price changes. Member Menesini requested that the Board be kept apprised of progress on the Lower Orinda Pumping Station Renovation Project. President Lucey requested a report on predesign/design contracts issued during the last three years. 17. 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 to be discussed is Central Contra Costa Sanitary District v. City of San Ramon, Contra Costa County Superior Court Case No. COO-02560. b. SIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section 54956.9(b), a point has been reached where in the opinion of the Board of Directors of the Central Contra Costa Sanitary District, on the advice of its Counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the District. One potential matter is to be discussed. c. PERSONNEL MATTERS The closed session was held to discuss personnel matters pursuant to Government Code Section 54957. At 4:37 p.m., President Lucey declared the closed session to discuss litigation pursuant to Government Code Section 54956.9(a) and (b) and personnel matters pursuant to Government Code Section 54957 as noted above. At 5: 12 p.m., President Lucey concluded the closed session and reconvened the meeting into open session. 01 11 01 13 18. REPORT OF DISCUSSIONS IN CLOSED SESSION No decisions were made or votes taken in closed session which require reporting at this time. 19. ADJOURNMENT There being no further business to come before the Board, President Lucey adjourned the meeting at the hour of 5: 12 p.m. to reconvene at 2:00 p.m. on Thursday, January 25, 2001, for an Adjourned Regular Board Meeting followed by a Financial Planning and Policy Board Workshop. ¡javlP4J¿~ President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: .- 01 11 01