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HomeMy WebLinkAboutBOARD MINUTES 01-06-00 1 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JANUARY 6,2000 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 January 6, 2000. President Lucey called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Nejedly, Menesini, Hockett, Boneysteele, Lucey ABSENT: Members: None a. INTRODUCE NEW EMPLOYEES . Ann Chiappelone, Accounting Technician I . Greg Ziegler, Materials Coordinator I Ms. Ann Chiappelone, Accounting Technician I, and Mr. Greg Ziegler, Materials Coordinator I, were introduced and welcomed to the District by President Lucey and the Board of Directors. b. ELECTION OF DISTRICT BOARD PRESIDENT AND PRESIDENT PRO TEM FOR 2000 It was moved by Member Hockett and seconded by Member Boneysteele, that Member Gerald R. Lucey be reelected District Board President for 2000. Member Lucey was reelected by unanimous acclamation. It was moved by President Lucey and seconded by Member Menesini, that Member Barbara D. Hockett be reelected President Pro Tem of the District Board of Directors for 2000. Member Hockett was reelected by unanimous acclamation. 2. PUBLIC COMMENTS Mr. Charles W. Batts, General Manager, noted that Dr. David Jameson wished to address the Board under Public Comments but has not yet arrived. The Board indicated they would hear Dr. Jameson when he arrives. 3. CONSENT CALENDAR Following discussion of presentation of final project costs at the time of close out, it was moved by Member Hockett and seconded by Member Nejedly, that the Consent Calendar, consisting of Items a. through f., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. The President of the District Board of Directors and the Secretary of the District were authorized to execute a License Agreement relating to real property with Saint Mary's College of California; staff was authorized to record said License Agreement; and Resolution No. 2000-001 was adopted to that effect. Motion unanimously approved on the following vote: 01 06 00 2 01 AYES: Members: NOES: Members: ABSENT: Members: b. Hockett, Nejedly, Menesini, Boneysteele, Lucey None None The contract work for the Rossmoor Sewer Improvements Project, Phase 5, was accepted, and the filing of the Notice of Completion was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Nejedly, Menesini, Boneysteele, Lucey None None March 2, 3000 at 2:00 p.m. was set as the date and time for a public hearing to consider establishment of the Grothman Lane/Alhambra Way Area Contractual Assessment District No. 98-4 pursuant to California Constitution, Article XIII D, Section 4, and Streets and Highways Code, Sections 5898.20 and 5898.24, and Resolution No. 2000-002 was adopted to that effect. c. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: d. Hockett, Nejedly, Menesini, Boneysteele, Lucey None None Resolution No. 2000-003 was adopted, confirming the publication of District Ordinance No. 212, amending the Schedule of Hazardous Waste Handling and Disposal Charges for Conditionally Exempt Small Quantity Generators. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Nejedly, Menesini, Boneysteele, Lucey None None The attendance of Senior Buyer Tammy Fong was authorized at the California Association of Public Purchasing Officers Annual Conference, in San Diego, California, January 18-21, 2000, at a cost not to exceed $1,100. e. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: f. Hockett, Nejedly, Menesini, Boneysteele, Lucey None None Notification of a change in the Management Support/Confidential Group's officers was received. This item was presented for the Board's information. No action was taken. 06 00 3 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER As previously noted, Item 2., Public Comments, was taken out of order later in the agenda after the arrival of Dr. David Jameson. 5. BIDS AND AWARDS a. AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO N. E. CARLSON CONSTRUCTION. INCORPORATED. FOR THE PREAERA TION ODOR CONTROL UNIT MODIFICATION PROJECT. DP 6146 Mr. Batts, General Manager, recommended that award of a construction contract for the Preaeration Odor Control Unit Modification Project be authorized to N. E. Carlson Construction, Incorporated, the lowest responsible bidder. It was moved by Member Hockett and seconded by Member Nejedly, that award of a construction contract in the amount of $39,490 for the construction of the Preaeration Odor Control Unit Modification Project, DP 6146, be authorized to N. E. Carlson Construction, Incorporated, the lowest responsible bidder. There being no objection, the motion was unanimously approved. b. REJECT ALL BIDS SUBMITTED FOR THE CONSTRUCTION OF THE MORAGA/ORINDA CROSSROADS PUMPING STATIONS RENOVATION PROJECT. DP 5237 Mr. Batts, General Manager, presented the staff recommendation that all bids submitted for construction of the Moraga/Orinda Crossroads Pumping Stations Renovation Project be rejected, that portions of the project be redesigned and the construction schedule be changed, and that the project be rebid. Following discussion, it was moved by Member Hockett and seconded by Member Menesini, that all bids received for construction of the Moraga/Orinda Crossroads Pumping Stations Renovation Project, DP 5237, be rejected and that rebidding the project be approved. There being no objection, the motion was unanimously approved. Noting the arrival of Dr. David Jameson, President Lucey returned to Item 2., Public Comments. 2. PUBLIC COMMENTS Dr. David Jameson, Contra Costa Mosquito and Vector Control District Board Member and Local Agency Formation Commission (LAFCO) Commissioner, addressed the Board relative to the upcoming election for LAFCO special district representative. Dr. Jameson distributed information concerning the upcoming election and asked that the District fully participate in the election process. Dr. Jameson stated that special district participation is vital since more than half of the LAFCO decisions each year involve special districts. Dr. Jameson stated that he is the current Chair of LAFCO and a candidate for LAFCO special district representative. If elected, Dr. Jameson pledged to fully support the legislative priorities listed in the Cortese Knox Act, to promote infill and development, and to try to preserve open space and agricultural preserve lands. President Lucey thanked Dr. Jameson for his comments and reverted to the order of the agenda. 6. ITEMS HELD OVER FROM PREVIOUS BOARD MEETINGS 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 FOR THE DOUGHERTY TUNNEL AND TRUNK SEWER PROJECT. DP 5902 01 06 00 4 Mr. Batts, General Manager, introduced Mr. Curt Swanson, Environmental Services Division Manager, who stated that construction of the Dougherty Tunnel and Trunk Sewer Project is scheduled to begin in the May/June time frame. The District has been negotiating with the Royal Ridge Home Owners' Association for acquisition of public sewer and recycled water line easements for the project. The Board had previously been advised that agreement had been reached with the Home Owners' Association; however, a problem with the title company has been encountered. The title company has indicated that individual signatures from the home owners are required rather than just signatures of the Home Owners' Association Board. That is going forward. Sixty-two signatures, a little more than two-thirds, have been received to date but the title company has not yet had an opportunity to verify the signatures. District staff feels that it is prudent to proceed with the public hearing to consider adoption of a Resolution of Necessity for acquisition of the easements. Mr. Swanson stated that the Home Owners' Association has been advised of this. Mr. Swanson reviewed the key issues relating to the proposed adoption of a Resolution of Necessity to acquire permanent easements by eminent domain for the Dougherty Tunnel and Trunk Sewer Project 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 a manner which will be most compatible with the greatest public good and the least private injury. . The subject property is necessary for the proposed project. . The offer pursuant to Government Code Section 7267.2(a) has been made to the owner of record. Mr. Swanson stated that on September 4, 1997, the Board of Directors approved the Specific Facilities Plan for Wastewater Utility Service to Dougherty Valley and Tributary Properties and determined that construction of a new gravity tunnel and trunk sewer between the valley and the District's existing San Ramon Pumping Station was the most appropriate means for extending service to the area. Three alternatives were evaluated: Estero Drive, Ensenada Drive, and the PG&E property. The Dougherty Trunk Sewer Supplemental Routing Study completed by Brown and Caldwell in March 1999, concluded that the current proposed alignment through Estero Drive was the preferred alignment. Among the reasons for the preference of the proposed alignment were sufficient hydraulic capacity and hydraulic performance; ease of construction due to the straight route and lack of home frontage on the north side of the street for the Estero Drive portion; public right-of-way; existing terrain allows for the minimization of required micro-tunneling; and the Estero Drive alignment was the least expensive alternative studied with an estimated construction cost of $2,050,000. Mr. Swanson stated that City of San Ramon staff prefers the PG&E alignment because they feel it has the least impact on San Ramon residents. There is an electrical substation and gas lines on the PG&E property and the alignment would have questionable hydraulics, shallow sub-standard slopes, and low velocities requiring frequent cleaning and creating a potential for odor and pipe corrosion. The estimated construction cost of the PG&E property alternative is $2,750,000. Mr. Swanson also described the pluses, minuses, and estimated construction cost of the Ensenada Drive alignment. In response to a question from Member Menesini, Mr. Swanson stated that there are approximately 100 homes on both Estero Drive and Ensenada Drive and about 40 homes on the PG&E alignment. Discussion followed with regard to the estimated time of construction, portions of the alignment where microtunneling will be used, repavement of the street following construction, location of the electrical substation and power and gas lines, construction alignment, and maintenance of a sewer through the PG&E property. Mr. Swanson stated that District staff has met several times with City of San Ramon staff to discuss the alignments and reasons for selection. While City of San Ramon staff does not like the 01 06 00 5 Estero Drive alignment, they grudgingly understand the reasons for its selection. This matter will go to the San Ramon City Council sometime in February. Member Hockett requested that staff advise her of the San Ramon City Council meeting date and indicated that she would attend the meeting. Mr. Batts stated that he would inform the Board when this matter is scheduled before the San Ramon City Council. Mr. Swanson described the property in question at the corner of Estero Drive and Alcosta Boulevard. It is now in open space and would continue in open space. A subsurface easement 80 feet wide and 200 feet long is required. About one acre of the 43-acre parcel would be taken. Mr. Swanson stated that the District has negotiated a price of $20,000 with the Royal Ridge Home Owners' Association for the required easements, and an offer was mailed in July 1999 pursuant to Government Code Section 7267.2. The District feels that the offer is fair and just compensation based on the appraisal of $5,200 prepared by a licensed real estate appraiser. Mr. Swanson stated that he has spoken with Mr. Jeff Earhart, President of the Royal Ridge Home Owners' Association, and he indicated that he does not intend to be present at the public hearing today. Mr. Swanson stated that Mr. Earhart indicated that the Home Owners' Association Board of Directors feels that they have complied with their responsibility by putting this out for a vote of all of the home owners. At 2:35 p.m., President Lucey opened the public hearing to receive public comments regarding adoption of a Resolution of Necessity to acquire permanent easements by eminent domain for the Dougherty Tunnel and Trunk Sewer Project, and recycled water line. There being no comments, the public hearing was closed. It was moved by Member Hockett and seconded by Member Nejedly, that the Board of Directors finds that the public interest and necessity require the proposed project for which said public sewer and recycled water line easements are to be acquired, that the subject project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury, that said public sewer and recycled water line easements are necessary for the proposed project, and that an offer pursuant to Government Code Section 7267.2 was made to the owners of record of the subject property; that Resolution No. 2000-004, a Resolution of Necessity to acquire permanent easements by eminent domain for the Dougherty Tunnel and Trunk Sewer Project, DP 5902, be adopted; and that authorization be given for filing of the eminent domain action, deposit of the amount of probable compensation, and application for Order of Possession. Motion unanimously approved on the following roll call vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Nejedly, Menesini, Boneysteele, Lucey None None 7. REPORTS a. GENERAL MANAGER 1 ) Mr. Batts, General Manager, reported that the District has received a telephone call from Ms. Nancy Morris Goulde concerning the creek crossing at her home at 15 Manzanita Terrace in Orinda. Ms. Goulde is concerned about the condition and appearance of the pipe and wants it removed. Mr. Batts showed photographs of the structure, an 8-inch, 200-foot long sewer line extending over Manzanita Creek involving easements on five properties installed prior to construction of Ms. Goulde's residence. Mr. Batts stated that the District has looked at the structure and there appears to have been some movement. The District has retained a geotechnical engineer and a structural engineer to evaluate the stability of the creek crossing including response to seismic events. Recommendations for rehabilitating and upgrading the creek crossing will also be made. A report of the findings and recommendations will be made to the Board. Ms. Goulde has indicated that 01 06 00 6 01 if she is not happy with the District's proposal, she may go to the newspaper and television. Discussion followed with regard to alternatives to the creek crossing including a pumping station to serve the 35 homes served by the sewer and options for improving the appearance of the structure. President Lucey stated that he would be opposed to removing the pipe and structure since the pipe and creek crossing were in place before the home was built. President Lucey thanked staff for the report. 2) Mr. Batts, General Manager, introduced Mr. James M. Kelly, Director of Plant Operations, who stated that for the past 18 months the District has scrutinized and monitored our computers and computer control units, testing over 1,600 units, testing contingency plans, and preparing for the big Year 2000 (Y2K) event. Mr. Kelly stated that he is happy to report that Y2K rolled over without incident at the District; however, there were minor bugs. Telemetry data from the pumping stations was "lost" but the telemetry was back on line within an hour and the data was captured. Mr. Kelly stated that more issues are expected as routine tasks and reports are done for the first time in the new year, but overall Y2K preparation was a success. Mr. Kelly thanked the Board for their support in getting the District and the Plant ready for the Y2K event and he thanked Members Boneysteele and Menesini for attending the dinner. Member Menesini complimented the staff for their efforts. 3) Mr. Batts, General Manager, announced that the District is advertising for bids for service contracts for television inspection, potholing, and underground utility locating services. These will be two-year master agreements based on unit prices. 4) Mr. Batts, General Manager, announced that the District has issued Requests for Proposals for Professional Engineering and Consulting Services for Treatment Plant Projects. These services will support a number of minor maintenance and repair projects that are not large enough to bid separately. The projects include such things as roofs, roads, building repairs, pump replacement, and pipe repair. Over 20 projects have been identifie.d. The District's Engineering Department has reviewed the list and has agreed to take responsibility for a number of the projects. The remainder will be done by the outside consulting firm over a three-year period with direction from District staff. The standard District consultant selection procedure will be used. The estimated cost of the consulting services is not to exceed $300,000 per year. It is anticipated that the contract will be brought back to the Board for approval in the February/March time frame. In response to a question from President Lucey, Mr. Batts and District Counsel Kenton L. Aim reviewed the selection criteria used and legal requirements of the process. 5) Mr. Batts, General Manager, stated that a Board Budget Planning Workshop will be held at 2:00 p.m. on January 27, 2000. An outline of the presentation for the workshop will be forwarded to each Board Member during the week of January 17. Mr. Batts briefly summarized key issues which will be discussed at the workshop. 6) Mr. Batts, General Manager, stated that at various times Board Members have asked about the details of the Treatment Plant and Collection System Master Planning efforts. This could be handled in several ways. Staff would be happy to provide updates for individual Board Members, an informational workshop could be scheduled for the full Board, or short presentations outlining the elements of these studies and their impact on the District's Capital Improvement Plan could be made at a series of Board Meetings. Mr. Batts asked the Board to advise him if they wished to have a workshop or have updates calendared on future Board Meeting agendas. 06 00 b. c. d. 7 Mr. Batts noted that one element of this work is the Environmental Impact Report for the Treatment Plant Capacity based on the capacity study done by Brown and Caldwell. This Will support the District's request for an increase in capacity as part of the National Pollutant Discharge Elimination System (NPDES) permit renewal. 7) Mr. Batts, General Manager, provided an update on the activities related to the District's National Pollutant Discharge Elimination Discharge System (NPDES) permit request. Mr. Batts stated that the Regional Water Quality Control Board is working with the Environmental Protection Agency (EPA) on a Mercury Total Maximum Daily Load (TMDL) that they indicate could be approved by the Regional Board by late April or early May 2000. Because of the difficulty in meeting the needs of both the dischargers and the environmentalists, the Regional Board feels that court action is likely. Mr. Batts reported further that the Regional Board has informed District staff that they will be ready to discuss the District's NPDES permit soon and will try to achieve the target date of May 25, 2000. Mr. Batts stated that District staff is watching activities surrounding the new permit application of the City of American Canyon and the permit application of the District's neighbor TOSCO particularly with regard to mercury limits and the issue of dilution credits for mercury discharge. Mr. Batts stated that he will keep the Board informed. COUNSEL FOR THE DISTRICT 1 ) Mr. Kenton L. Aim, Counsel for the District, briefed the Board on issues relating to a claim of Mr. Alvin Hanson, a former resident of Lafayette who participated in the District's rebate program. Mr. Hanson believes that he is owed some money going back 30 years. Mr. Aim stated that Mr. Hanson's claims are not well taken. Mr. Hanson's claim is that the District is a joint and several defendant arising out of a lawsuit against the State of California, the City of San Francisco, and the Bank of America. Mr. Aim stated that the documents which have been served appear to have been altered and appear to have no substance. Legal, civil, and criminal actions which may be available to the District are being investigated. SECRETARY OF THE DISTRICT None BOARD MEMBERS 1 ) In response to a question from Member Hockett, Mr. Batts recapped the discussion from the December 16, 1999 Board Meeting relating to infill/island annexations. 2) Member Menesini commended Dr. Gail Chesler, Associate Engineer, for her presentation on mercury at the recent Environmental Alliance discussion series. 3) Member Menesini announced that wilderness areas will be the topic of discussion at the next Environmental Alliance discussion series. 4) Member Menesini stated that the information provided to children who participate in "Kids in Gardens" may help prevent problems with runoff and contamination in the future. Member Menesini requested an update on the program. Ms. Harriette Heibel, Community Affairs Manager, indicated that she would be happy to provide a report. 01 06 00 8 8. APPROVAL OF MINUTES a. MINUTES OF DECEMBER 2. 1999 It was moved by Member Menesini and seconded by Member Hockett, that the minutes of December 2, 1999 be approved as presented. There being no objection, the motion was unanimously approved. 9. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED JANUARY 6.2000 Member Boneysteele, Chair of the Budget and Finance Committee, reported that he and President Lucey reviewed the expenditures and found no exceptional items. It was moved by Member Boneysteele and seconded by President Lucey, that the Expenditure List dated January 6, 2000 including Self Insurance Check Nos. 101586- 101588, Running Expense Check Nos. 122048-122319, and Sewer Construction Check Nos. 21794-21839, be approved as recommended. There being no objection, the motion was unanimously approved. 10. BUDGET AND FINANCE a. RECEIVE NOVEMBER 1999 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance for the month of November 1999, noting that expenditures were $185,000 less than budget, representing a 7 percent favorable variance. Year to date expenditures were $1.5 million less than budget, representing an 11.2 percent favorable variance. Year to date revenues were $1.9 million, right on 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 4.946 percent to 5.894 percent. The latest interest rate as of October 1999 was 5.894 percent. The average yield of the LAIF account through October 1999 was 5.391 percent. President Lucey declared that the November 1 999 financial statements were duly received. 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION Mr. Kenton L. Aim, Counsel for the District, stated that the Board may wish to go into closed session to discuss the soil subsidence matter on Lost Valley Drive, Orinda. Mr. Aim stated that after the agenda was posted and mailed, Ms. Pamela Center, 19 Lost Valley Drive, Orinda, asked that an extension of time in which to file a lawsuit be granted. The Board previously granted an extension of time which will expire tomorrow, January 7, 2000. Mr. Aim stated further that the attorney representing Ms. Joan Lindroth has indicated that he is filing a lawsuit today. That attorney also indicated that the Center's and the Peterson's have hired independent counsel and will be filing lawsuits. Mr. Aim stated that a four-fifths affirmative vote of the Board is required if the Board wishes to go into closed session on an urgency basis to discuss these matters. It was moved by Member Hockett and seconded by Member Boneysteele, that the Board of Directors determines that this urgency item arose after the agenda was published, and that said item should be added to the agenda for consideration. Motion approved with Member Nejedly voting no. Member Nejedly stated that he will go into closed session to receive the information but he believes that the District previously agreed to extend the statute of limitations and it is now appropriate to move the matter forward. The District has done testing and 01 06 00 9 determined that the District pipe is not the cause of the soil subsidence. Member Nejedly stated for that reason, he does not believe the Board should spend more time on this. 12. CLOSED SESSION a. 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. Three potential matters are to be discussed. At 3:38 p.m., President Lucey declared a closed session to discuss litigation pursuant to Government Code Section 54956.9(b). At 3:50 p.m., President Lucey concluded the closed session and reconvened the meeting into open session. 13. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION Mr. Kenton L. Aim, Counsel for the District, stated that no decisions were made or votes taken in closed session which required reporting at this time. 14. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS It was noted that earlier in the agenda Member Menesini had requested an update on the Kids in Gardens Program. 15. ADJOURNMENT There being no further business to come before the Board, President Lucey adjourned the meeting at the hour of 3:51 p.m., to reconvene at 2:00 p.m. on Thursday, January 27, 2000, in the Second Floor Conference Room, 5019 Imhoff Place, Martinez, California, for a Board Workshop on five-year budget planning and projections, rate setting issues, and finance issues. President of the Board of Dir tors, Central Contra Costa Sanita District, County of Contra Costa, State of California COUNTERSIGNED: Se r t y of the Central C ntra Costa Sanitary District, County of Contra Costa, State of California 01 06 00