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HomeMy WebLinkAboutBOARD MINUTES 03-02-00 37 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD O~ MARCH 2, 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. ~n March 2, 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 . MARK CAVALLERO. ELECTRICIAN . PAUL CROUCH. MAINTENANCE CREW MEMBER I . ROB ROBINSON. MAINTENANCE CREW MEMBER I Mr. Mark Cavallero, Electrician, Mr. Paul Crouch, Maintenance Crew Member I, and Mr. Rob Robinson, Maintenance Crew Member I, were introduced and welcomed to the District by President Lucey and the Board of Directors. 2. PUBLIC COMMENTS Ms. Christa Freihofner, resident of Estero Drive in San Ramon, addressed the Board relative to the Dougherty Tunnel and Trunk Sewer Project. Ms. Freihofner stated that neither her neighbors nor the City of San Ramon asked her to speak today. Ms. Freihofner stated that the proposed sewer project in its present state would diminish the overall quality of life of her neighborhood. Estero Drive sanitary requirement is served by Dublin San Ramon Services District with an 8-inch pipeline. Ms. Freihofner stated that 6- to 8- inch pipelines seem to be standard for residential areas. A 10-inch pipeline is used at the San Ramon Pumping Station, and the proposed new project intends to use a 24-inch pipeline. Ms. Freihofner stated that the 24-inch pipe will be about six feet from most sidewalks on Estero Drive and will create odor and pollution problems. The San Ramon Pumping Station is at capacity and no changes are proposed for two years. Ms. Freihofner stated that the San Ramon City Council has denied approval of the proposed project. Ms. Freihofner stated that Central Contra Costa Sanitary District is a caring agency and she hopes the Board will care about those on Estero Drive enough to keep the neighborhood in its present condition. Ms. Freihofner stated that she has confidence that the Board will reconsider the proposed project and return it to the San Ramon City Council with a more acceptable project. Ms. Freihofner thanked the Board for their time. Member Nejedly stated that this construction is something this Board does not take lightly. Member Nejedly stated that he has read letters from the residents concerning the project. This project starts with the Local Agency Formation Commission (LAFCO), the City Councils, Planning Commission, and other agencies and commissions. When it gets to this Board's level, it is the Central Contra Costa Sanitary District Board's responsibility to provide sewer service. It is something the District has to do. The Board is cognizant of the issues raised with regard to noise, dirt, streets being dug up, and so on, but the planning process has gone through several steps and now it is the District's obligation to provide sewer service. Member Nejedly stated that what the District tries to do is to check multiple alignments, maintenance costs, and other criteria in determining the final alignment. Ms. Freihofner stated that she understands and thanked Mr. Nejedly for his explanation. 03 02 00 38 Member Menesini echoed Member Nejedly's comments, stating that much consideration went on before this came to the District. In terms of caring for the neighborhood, Member Menesini stated that it may be the best the District can do is try to leave the neighborhood in a better condition than we found it. Member Boneysteele asked if staff would write a letter to Ms. Freihofner addressing each of the concerns she raised; and to the extent possible, tell what the District did before it selected this route for the pipeline. Mr. Charles W. Batts, General Manager, stated that Ms. Freihofner stated that the City of San Ramon did not approve the final alignment for the project. That is not the case. The San Ramon City Council did not grant the encroachment permit. Mr. Batts stated that he would respond to the concerns listed by Ms. Freihofner. 5. CAll FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Because of Ms. Freihofner's interest in this matter, President Lucey proceeded to General Manager Report Item 7.a.2), Update on San Ramon City Council Meeting relating to Dougherty Tunnel and Trunk Sewer Project. a. 03 7. REPORTS GENERAL MANAGER 2) Mr. Batts, General Manager, reported that District engineering staff made a presentation to the San Ramon City Council at their February 22, 2000 meeting at the PG&E Learning Center in San Ramon. The District had been notified by both the City and the community residents opposed to the Dougherty Tunnel and Trunk Project that project opponents would be in attendance at the public meeting. In light of the opposition and the public sentiment, District staff gave a brief overview of the project, the District's willingness to work with the City on project mitigation, and a chronology of both the City's and the District's involvement with the Dougherty Valley development. There were approximately 50 to 60 residents in attendance, many had copies of the meeting agenda and Mr. Jones' letter to the District opposing the project. Ms. Freihofner spoke, as did approximately 24 others, all opposed the project. Individual issues raised included such things as project impacts on their community, growth in their community, and lack of resident input, in addition to such unrelated issues as student parking near the San Ramon Pumping Station, endangered species in the hills, and PG&E overhead lines. The City Council and City staff obviously sensed the frustration of the public present on the entire issue of growth in the Dougherty Valley. Mr. Batts stated that the District was told that this was the first opportunity residents have had to comment on development in the Dougherty Valley. While this was a presentation to the City Council to give direction to their staff, the Council was confronted by residents opposing the project and reacted by starting to vote on the encroachment permit. Mayor Kinney stopped any Council action and indicated to staff that the Council's and residents' questions should be forwarded to the District and responses brought back to the Council. Subsequent conversations with the City indicate that while they realize they have very limited options in this matter, the strategy seems to be one of delay. This Board meeting will adjourn to a closed session to discuss possible legal action on this matter. Mr. Batts stated that he would be happy to answer any questions. In response to a question from Member Nejedly concerning the City's approval process, Mr. Kenton L. Aim, Counsel for the District, stated that the Dougherty Valley area was in the County and not the City of San Ramon. There were a number of issues and the City of San Ramon was allowed to comment. Many years of negotiations and a lawsuit followed. The lawsuit was settled with an agreement which contained a number of provisions including agreement that development, once it occurred, would be annexed to the City of San Ramon. There were a number of terms 02 00 39 relative to the size of development, style, and so on. The City of San Ramon, in exchange for obtaining some of their concessions, agreed to cooperate with the dev.elopers~and the County to facilitate connection of utilities to the development. The City of San Ramon was a party to the settlement agreement and signed the settlement agreement. Member Nejedly stated that the City of San Ramon knew several years ago that the infrastructure and development would be going in this area. Mr. Aim stated that is correct. There being no further comments, President Lucey reverted to the order of the agenda. 3. CONSENT CALENDAR Member Boneysteele requested that Consent Calendar Item a. be removed from the Consent Calendar for discussion and that action be held until the conclusion of closed session. It was moved by Member Menesini and seconded by Member Nejedly, that Consent Calendar Item b. be approved as recommended and resolutions adopted as appropriate. b. April 6, 2000 at 2:00 p.m. was established as the date and time for a public hearing regarding Muir Lane Area Contractual Assessment District (CAD) No. 99-2 pursuant to California Constitution, Article XIII D, Section 4, and Streets and Highways Code, Sections 5898.20 and 5898.24, and Resolution No. 2000-013 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Menesini, Nejedly, Hockett, Boneysteele, Lucey NOES: Members: None ABSENT: Members: None Discussion followed with regard to Consent Calendar Item a. Member Boneysteele suggested that consideration of acceptance of the Grant of Easement from the Royale Ridge Homeowner's Association for the Dougherty Tunnel and Trunk Sewer Project, DP 5902, be deferred pending discussion in closed session. In response to questions from Member Nejedly, Mr. Batts stated that the Board has already held a public hearing on this matter and the homeowners have voted on it twice, once by voice through their directors and once by mail-in ballot. Either alternative included in the Environmental Impact Report (EIR) would require this easement. Following discussion in which it was noted that this easement would be required regardless of the alternative used for the Dougherty Tunnel and Trunk Sewer Project, it was moved by Member Hockett and seconded by Member Menesini that the Grant of Easement from the Royale Ridge Homeowners' Association be accepted, that staff be authorized to record said Grant of Easement with the Contra Costa County Recorder, and that Resolution No. 2000-012 be adopted to that effect. Motion approved on the following vote: AYES: Members: Hockett, Menesini, Nejedly, Lucey NOES: Members: None ABSENT: Members: None ABSTAIN: Members: Boneysteele 03 02 00 40 4. HEARINGS a. CONDUCT A PUBLIC HEARING: ADOPT A RESOLUTION OVERRULING PROTESTS: ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION. ARTICLE XIII D. SECTION 4: ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT: AND AUTHORIZE EXECUTION OF AGREEMENT WITH GROTHMAN LANE/ALHAMBRA WAY PARCEL OWNERS IN CONJUNCTION WITH THE GROTHMAN LANE/ALHAMBRA WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 98-4: DP ~ Mr. Batts, General Manager, stated that the proponents of the Grothman Lane/Alhambra Way Contractual Assessment District (CAD) have requested that this matter be held until the March 16, 2000 Board Meeting to allow more time to finalize cost considerations. It was moved by Member Menesini and seconded by Member Hockett, that the public hearing to consider objections and inquiries regarding the proposed assessment, the Resolution of Intention, and the Engineer's Report relating to the proposed Grothman Lane/Alhambra Way Contractual Assessment District No. 98-4, DP 5426, be continued to 2:00 p.m., March 16, 2000, at the request of the Grothman Lane/Alhambra Way CAD proponents to allow more time to communicate additional information concerning cost options to possible participants. There being no objection, the motion was unanimously approved. 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER General Manager Report Item 7.a.2), Update on San Ramon City Council Meeting relating to Dougherty Tunnel and Trunk Sewer Project, was taken out of order earlier in the agenda to accommodate an interested member of the public. 6. BIDS AND AWARDS a. AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO KAWEAH CONSTRUCTION COMPANY AND AUTHORIZE CONSULTANT AGREEMENTS FOR THE OUTFALL IMPROVEMENTS PROJECT. PHASE 4. DP 7184 Mr. Batts, General Manager, stated that almost as important as getting sewage into the plant is getting the effluent out. Over the past 15 years, the District has improved its 2.3 mile outfall and pumps with various phases of this project. The current phase installs a backup effluent pump and repairs the weir structure near Suisun Bay. Mr. Batts introduced Mr. Ba Than, Associate Engineer, who reviewed the work completed to date, the work that will be done in the next 18 months as part of Phase 4, and future work on the outfall. Member Menesini remarked on the initial graphic used in Mr. Than's presentation, stating that it portrays the District has an environmentally sensitive agency concerned with the public health and environment. Member Menesini suggested that this or similar graphics together with Mr. Batts' introductory comments be used in the District's public awareness efforts. Mr. Than showed an aerial view of the location of the District's outfall and stated that the outfall was built in 1958. The 72-inch outfall pipe goes north from the treatment plant to Suisun Bay. The 1, 700-foot submarine portion of the outfall uses diffusers for discharge of final effluent to Suisun Bay. The long-term Outfall Improvements Project was begun in 1984. Work completed in the first three phases included pressurizing the outfall to 135 MGD flow with surge protection; improved reliability of the primary effluent pumping system; monitoring of settlement and lateral movements; and replacement of diffusers. Mr. Than stated that the scope of the work for Phase 4 of the Outfall Improvements Project, DP 7184, includes installation of one new 90-MGD final effluent pump and enlargement of the weir structure to accommodate 135 MGD wet weather flow. Mr. Than stated that in the next five to ten years additional work is planned. Future work on the submarine section of the outfall will include replacement of bolts on the flexible flaps, removal of loose material and marine growth, addition of ballast, and 03 02 00 41 replacement of platforms over access manholes. Future work on the land section of the outfall will include an internal inspection and repair/rehabilitation if needed and continued monitoring for movement, installation,.of~a,l,~2,..inch pipe connecting the final effluent conduit to the final effluent pumping station, and completion of the rehabilitation of two existing final effluent pumps. Discussion followed with regard to the current effluent pumps, the material to be used for the bolts on the flappers, and the possibility of a news release or reporter walk through to publicize this work. It was moved by Member Hockett and seconded by Member Nejedly, that award of a construction contract in the amount of $1,109,998 for construction of the Outfall Improvements Project, Phase 4, DP 7184, be authorized to Kaweah Construction Company, the lowest responsible bidder; that the General Manager be authorized to execute a professional service agreement not to exceed $60,000 with Design Services, Inc. to provide a consultant inspector during construction of the Outfall Improvements Project, Phase 4, DP 7184; and that the General Manager be authorized to execute a professional service agreement not to exceed $65,000 with Montgomery Watson to review shop drawings and submittals, response to design questions, evaluate change order requests, perform site visits to verify compliance with the design intent, and prepare an electronic operations and maintenance manual. There being no objection, the motion was unanimously approved. b. AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO AMERICAN CONSTRUCTION AND SUPPLY. INCORPORATED. FOR THE COLLECTION SYSTEM CATHODIC PROTECTION REPLACEMENT PROJECT. DP 6142A Mr. Batts, General Manager, stated that this project is to provide cathodic protection to the District's recycled water line and make needed repairs to existing systems. This project had been announced to the Board in November 1999, and then delayed due to unresolved right-of-way issues which have now been resolved. Following discussion and review of photographs of the service meter, rectifier, and related equipment damaged in an automobile accident, it was moved by Member Hockett and seconded by Member Menesini, that award of a construction contract in the amount of $260,878 for the construction of the Collection System Cathodic Protection Replacement Project, DP 6142A, be authorized to American Construction and Supply, Incorporated, the lowest responsible bidder. There being no objection, the motion was unanimously approved. 7. REPORTS a. GENERAL MANAGER 1 ) Mr. Batts, General Manager, stated that a draft notice to property owners regarding the proposed increase in the annual Sewer Service Charge was distributed to the Board. The letter is similar to the letter-type notices used by other agencies. Board input is requested on both the content and the format. Member Nejedly asked that language be included indicating what the percentage increase per year would have been if the 12.8 percent proposed increase had been spread over the six years the District did not have a rate increase. Member Menesini suggested that instead of saying "as much as a $24 increase," that the letter contain language such as, "not over" or "the rate increase could be less than..." Member Menesini also suggested that a sample calculation be included showing what the rate would be and showing the simple arithmetic. 03 02 00 42 b. 03 2) 3) 4) 5) 6) Mr. Kenton L. Aim, Counsel for the District, suggested, and the Board agreed, that information on the residential categories be included on the first page and that the back page deal only with nonresidential categories. Mr. Batts thanked the Board for their input. The update on the San Ramon City Council meeting relating to the Dougherty Tunnel and Trunk Sewer Project was taken out of order earlier in the agenda to accommodate an interested member of the public. The report on Contra Costa County consideration of new regulations for installation and repair of septic tanks was continued to the March 16, 2000 Board Meeting. Mr. Batts, General Manager, stated that there is no new information relating to Tocso permit issues. The District is planning to appeal the Tosco permit on the technical issue of the use of recycled water for industrial purposes. The District would not want Tosco to be required to reopen its permit with the Regional Board on this issue in the future. Tosco will appeal the provisions of its proposed permit. The District will be evaluating Tosco's strategy in the event the District's revised permit scheduled for Regional Board approval in May has provisions similar to those in the Tosco permit. Mr. Batts, General Manager, stated that he had asked Dr. Gail Chesler, Associate Engineer, to provide an update to the Board on the draft Total Maximum Daily Load (TMDL) for mercury. Dr. Chesler is at the State Water Resources Board testifying on the State's Implementation Policy for Toxics Standards for Enclosed Bays and Estuaries. In addition, the draft TMDL has been delayed. This item will be rescheduled for a future Board Meeting. Mr. Batts, General Manager, stated that the plant, pumping stations, and collection system all operated with no problems during the recent rains thanks to the employees' hard work to prepare the District for such wet weather events. Mr. Batts stated that there are two potential problems being watched: one in the St. Mary's right-of-way in Moraga and one on Hartz Avenue in Danville. Initial engineering work indicates both situations are currently stable but future repairs will be required through the District normal Capital Improvement Budget program. COUNSEL FOR THE DISTRICT 1 ) Mr. Kenton L. Aim, Counsel for the District, announced that Mr. Doug Lomow, former owner of Orinda Moraga Disposal Service, was sentenced to six years in prison on money laundering charges and evasion of taxes through sham businesses and false bills. Mr. Aim stated that the delays in this matter resulted in the best interest of the District and the District's solid waste ratepayers in Orinda and Moraga. Due to the delays, there was enough time and pressure put on Mr. Lomow that he signed documents turning over interests in the properties and he gave instructions to others to cooperate and sign them. It would appear that the District will get good title to the properties and the properties can go on the market in the relatively near future. The properties may take some time to sell but the net received could be $1 million or higher. The Board and the General Manager commended Messrs. Kent Aim and Paul Morsen on their tenacity in seeing this matter through to this favorable conclusion for the District and the solid waste ratepayers of Orinda and Moraga. c. SECRETARY OF THE DISTRICT None 02 00 43 d. BOARD MEMBERS 1 ) Member Menesini reported on the recent Environmental Alliance discussion series featuring Ms. Mary Selkirk, of the CALF ED Bay Delta Program. 8. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH G. S. DODSON AND ASSOCIATES FOR THE PREDESIGN OF THE LOWER ORINDA PUMPING STATION RENOVATION PROJECT. DP 5448 Mr. Batts, General Manager, stated that the Board has received a number of presentations on the options available for this project, the two favored options, the preference of the City of Orinda for the renovation option, and authorization by the Board to continue with the renovation option. This agreement will allow predesign to go forward. Value engineering will be made a part of this project to try to lessen the costs for this option. A presentation will be made to the Board prior to beginning final design. President Lucey expressed concern that the costs of this project have gone up a number of times. Member Boneysteele stated that in order to be responsive to the Orinda City Council preferences, the District went away from the preferred relocation option to the renovation option. Member Boneysteele stated that the District should not abandon the preferred option so quickly because of a few people opposing it. Discussion followed with regard to the role and preferences of the City of Orinda, and the need to involve the citizens of Orinda. It was moved by Member Hockett and seconded by Member Nejedly, that the General Manager be authorized to execute a cost reimbursement agreement with G. S. Dodson and Associates for $88,400 for predesign of the Lower Orinda Pumping Station Project, DP 5448. The motion was approved with Member Boneysteele voting no. 9. TREATMENT PLANT a. AUTHORIZE THE GENERAL MANAGER TO ENTER INTO A NATURAL GAS PURCHASE AGREEMENT It was moved by Member Nejedly and seconded by Member Hockett, that the General Manager be authorized to enter into a natural gas purchase agreement for a term of up to two years at a price not to exceed $2.85 per decatherm. There being no objection, the motion was unanimously approved. Member Menesini noted that this is another example that the cost of business is going up and it should be added to the District's rationale for raising the cost of service. 10. HUMAN RESOURCES a. ADOPT REVISED JOB CLASSIFICATION FOR THE PURCHASING AND MATERIALS MANAGER (M-35. $5.873 - $7.143) POSITION Following explanation by Mr. Batts, General Manager, and the request of Member Menesini for the proposed changes to be reflected in a matrix, it was moved by Member Menesini and seconded by Member Hockett, that the revised job classification description be approved for the Purchasing and Materials Manager (M-35, $5,873 - $7,143) position. There being no objection, the motion was unanimously approved. 11. APPROVAL OF MINUTES a. MINUTES OF FEBRUARY 3.2000 It was moved by Member Menesini and seconded by Member Nejedly, that the minutes of February 3, 2000 be approved as presented. There being no objection, the motion was unanimously approved. 03 02 00 44 12. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED MARCH 2.2000 Member Menesini, Chair of the Budget and Finance Committee, stated that he and Member Boneysteele reviewed the expenditures and found them to be satisfactory. Member Menesini noted that legal expenses appeared large, and were questioned and explained by staff. Member Menesini stated that some time ago he made the suggestion that the hiring of in-house counsel be explored. Member Menesini stated that he doesn't believe he has the support of the other Board Members for this but he thinks it would save money. It was moved by Member Menesini and seconded by Member Boneysteele, that the Expenditures List dated March 2, 2000, including Self Insurance Check Nos. 101601- 101602, Running Expense Check Nos. 123173-123369, and Sewer Construction Check Nos. 21965-21997, be approved as recommended. There being no objection, the motion was unanimously approved. 13. BUDGET AND FINANCE a. RECEIVE JANUARY 2000 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance for the month of January 2000, noting that expenditures were $159,000 less than budget, representing a 6.1 percent favorable variance. Year-to-date expenditures were $1.5 million less than budget, representing a 7.9 percent favorable variance. Year-to-date revenues of $15,806,000 were $644,000 greater than budget, representing a 4.2 percent favorable variance. Ms. Ratcliff reported that the District's temporary investments were held in Treasury bills and Treasury notes and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 4.9 percent to 6.2 percent. The latest interest rate as of December 1999 was 6.2 percent. The average yield of the LAIF account through December 1999 was 5.6 percent. President Lucey declared that the January 2000 financial statements were duly received. 14. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 1 5. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None BREAK President Lucey declared a recess at the hour of 3:38 p.m., reconvening at 3:50 p.m. with all parties present as previously designated. 16. CLOSED SESSION a. INITIATION OF LITIGATION Pursuant to Government Code Section 54956.9(c), on the advice of Counsel based on existing facts and circumstances, the Board of Directors of the Central Contra Costa Sanitary District has decided to initiate or is deciding whether to initiate litigation. One potential matter is to be discussed. At 3:50 p.m., President Lucey declared the closed session to discuss initiation of litigation as noted above. At 4:25 p.m., President Lucey concluded the closed session and reconvened the meeting into open session. 03 02 00 45 17. REPORT OF DISCUSSIONS IN CLOSED SESSION President Lucey reported that in closed session on a 4/1 vote, the Board of Directors authorized Counsel to file a Writ of Mandate in the event that staff activities with regard to the City of San Ramon fail and the District cannot otherwise gain an encroachment permit for the Dougherty Tunnel and Trunk Sewer Project. 18. ADJOURNMENT There being no further business to come before the Board, President Lucey adjourned the meeting at the hour of 4:26 p.m., to reconvene at 2:00 p.m. on Tuesday, March 7, 2000, in the Third Floor Executive Conference Room for a Closed Session to instruct labor negotiators pursuant to Government Code Section 54957.6. resident of the Board of Direc ors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Se r ta of the Central Con a Costa Sa . ary District, County of Contra Costa, State of California 03 02 00