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HomeMy WebLinkAboutBOARD MINUTES 03-18-99 49 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MARCH 18, 1999 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 March 18, 1999. President Lucey called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Nejedly, Boneysteele, Lucey ABSENT: Members: Menesini, Hockett Members Menesini and Hockett had previously indicated they would be unable to attend this meeting and requested to be excused. Mr. Charles W. Batts, Director of Engineering, acted as chief staff person to the Board in place of Mr. Roger J. Dolan, General Manager-Chief Engineer, who was in the audience. 2. PUBLIC COMMENTS None 3. AWARDS AND COMMENDATIONS a. ADOPT RESOLUTION COMMENDING ROGER J. DOLAN. GENERAL MANAGER- CHIEF ENGINEER. FOR HIS SERVICE TO THE CENTRAL CONTRA COSTA SANITARY DISTRICT President Lucey stated that a resolution has been prepared commending Mr. Roger J. Dolan for his 22 years of service to the District as General Manager-Chief Engineer, and recognizing his many significant accomplishments and contributions to the wastewater industry and the community. The resolution will be presented to Mr. Dolan at his retirement dinner on Friday, March 26, 1999. President Lucey was joined by the Board and staff in thanking Mr. Dolan for his counsel and leadership and wishing him well- in his retirement. Resolution No. 99-031 was adopted by unanimous acclamation, commending Roger J. Dolan, General Manager-Chief Engineer, for his service to the Central Contra Costa Sanitary District. 4. CONSENT CALENDAR It was moved by Member Boneysteele and seconded by Member Nejedly, that the Consent Calendar, consisting of Items a. and b., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 99-032 accepting work and Offers of Dedication from Mardel LLC, Cross Bridge Drive, Danville area, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Boneysteele, Nejedly, Lucey NOES: Members: None ABSENT: Members: Menesini, Hockett 03 18 99 50 b. Medical Leave of Absence Without Pay was authorized for James Desurne, Accounting Technician, through September 1999 or until his State Compensation Insurance Fund claim is resolved. Motion approved on the following vote: AYES: Members: Boneysteele, Nejedly, Lucey NOES: Members: None ABSENT: Members: Menesini, Hockett 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 6. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Batts, Director of Engineering, reported that the draft report from Advanced Engine Technologies Corp. concerning the District Standby Generator failure has been received. On March 8, 1999, an ad hoc committee of the Board consisting of President Lucey and Member Nejedly met to discuss the issue. Mr. Batts stated that the report is available if any Board Member should wish to review it and a tour can be provided as well. This matter will come back to the Board with a full report when funds are requested for modifications to the second engine. Member Nejedly reported that an ad hoc committee of the Board was requested to review of the results of the investigation of the failure of the engine which operates the generator. Member Nejedly stated that it was a very informative meeting. Advanced Engine Technologies Corp., the company doing the investigation, did a very thorough job and documented what happened, what to do in the future, how to remedy the situation, and how to fix the second engine as well as replace the engine that failed. They found that several parts of the engine were wrong, including the thermostat and interconnect hoses, and that there was some human error when the engine was maintained. One hose was not replaced during the maintenance procedure and that was the hose that failed. That issue has been dealt with. Inadequate shut downs to protect the engine and undersized radiators are being dealt with by the original supplier. Member Nejedly stated that he feels comfortable with the measures being taken and he believes that District staff and the engineering firm investigating the matter are doing a good job. President Lucey agreed with Member Nejedly's report and added that the work orders are being changed or improved to help prevent a similar situation in the future. Mr. Batts stated that the rebuilt engine will be tested next Tuesday, March 23, 1999. The modifications recommended in the report will take a little longer to complete. At a future Board Meeting, there will be a request for a second authorization to do the modifications to the second engine. At that time there will be a report on the modifications and actions taken. 2) Mr. Batts, Director of Engineering, announced that the Draft 1999-2000 Personnel Budget will be distributed to the Board tomorrow. The Personnel Committee meeting to review the Draft Personnel Budget has been scheduled for 3:00 p.m. on Tuesday, March 23, 1999. 03 18 99 b. 51 3) Mr. Batts, Director of Engineering, announced that the Board will receive the 1999-2001 Capital Improvement Budget and Capital Improvement Plan at the April 1, 1999 Board Meeting. This year for the first time, a two-year budget is being developed; however, most of the actions taken by the Board will continue on an annual basis. The Capital Projects Committee/Board Workshop to review the document is scheduled for April 12, 1999. The Secretary of the District will contact the Committee Members to confirm the time and place. 4) Mr. Batts, Director of Engineering, announced that effective March 31, 1999 when he becomes General Manager, he has asked Mr. Jay S. McCoy, Environmental Services Division Manager, to act as provisional Director of Engineering for approximately six months until the recruitment for the position can be completed. During Mr. McCoy's absence from the Environmental Services Division, Mr. Curt Swanson will act as provisional Division Manager until that position is filled by recruitment or rotated. 5) Mr. Batts, Director of Engineering, announced that Mr. Paul Morsen, Director of Administration, participated in the City of Concord's Y2K Summit which was televised by TCI on March 16, 1999. Mr. Batts reported that on the same day the Plant Operations Department representative, Sam Grossman, with Director of Plant Operations James M. Kelly, spoke at a seminar of the California Water Environment Association (CWEA), Bay Section in San Francisco. Mr. Grossman is a consultant assisting in coordination of the District's Y2K efforts at the plant. CWEA requested that the District's program be presented to a regional CWEA conference in Monterey today as a model program for preparing for the Y2K change over. 6) Mr. Batts, Director of Engineering, announced that the District is advertising for bids for the Recycled Water Project - High Turbidity Water Diversion Project. Incorporated in this bid will be the Ultraviolet (UV) Disinfection Hydraulic Improvements Project. Both the timing and costs of these two projects allow them to be combined. The combined cost of the two projects is estimated at $343,000. 7) Mr. Batts, Director of Engineering, announced that the District's Collection System Operations (CSO) Department was involved in a humanitarian rescue effort on Thursday, March 4, 1999. The CSO on-call crew received a telephone call from the Walnut Creek area fire department that a dog had been lost in a storm drain. Maintenance Crew Leader Bill Gay and Maintenance Crew Member I Rick Hodge responded and sent a small TV camera into the storm drain to locate the dog. The dog followed the light on the TV camera to safety at the end of the drain. The story was covered by the local press and Channel 5 news. 8) Mr. Batts, Director of Engineering, invited the Board to a District barbeque at 4737 Imhoff Place at noon on March 31, 1999 to celebrate the change in General Managers at the District. COUNSEL FOR THE DISTRICT 1 ) Mr. Kenton L. Aim, Counsel for the District, announced that a request has been received from Ms. Joan Lindroth, 11 Lost Valley Drive, Orinda, to extend the statute of limitations for filing a case against the District from six months after filing a claim to one year. Mr. Aim stated that since the District is doing work in that area this summer, there would be an opportunity to complete the work and hopefully resolve the issues prior to Ms. Lindroth making a decision to file a lawsuit. Absent direction from the Board or a request for further discussion of this matter in closed session, staff will extend the statute of limitations to one year. 03 18 99 52 2) Mr. Aim, Counsel for the District, reported on the status of the California Association of Sanitation Agencies (CASA) lawsuits concerning Total Maximum Daily Load's (TMDL's) of various contaminants for water bodies having impaired quality. Mr. Aim stated that he is on the CASA Litigation Task Force and as such has been involved in a number of the activities regarding this matter. Mr. Aim stated that the Sacramento Regional County Sanitation District lawsuit, joined by CASA, which contested on procedural and other bases promulgation of the List of Impaired Water Bodies in the State is proceeding slowly. Currently that matter has been put on hold for several months. CASA and Sacramento Regional are filing a partial summary judgment. Mr. Aim stated that the second prong of the CASA litigation was to file a Notice of Intent letter. CASA and the Southern California Association of Publicly Owned Treatment Works (SCAP) jointly filed a Notice of Intent letter with the Environmental Protection Agency (EPA). Shortly after having filed the Notice of Intent, it came to light that the EPA and environmental groups had entered into a Consent Decree and settled the lawsuit. Because the Notice of Intent was filed prior to the Consent Decree, the EPA agreed to meet and an agreement was reached to modify the Consent Decree that will be helpful. The EPA also agreed to form a work group to work out the administrative and technical process for promulgating TMDL's. Mr. Aim stated that this is proceeding at a relatively rapid pace. c. SECRETARY OF THE DISTRICT None d. BOARD MEMBERS 1 ) President Lucey reported that he, General Manager-Chief Engineer Roger J. Dolan, and Director of Engineering Charles W. Batts met with Assembly Member Tom Torlakson in Sacramento on March 25, 1999 concerning Assembly Bill 1 549 which mandates ward elections of the Central Contra Costa Sanitary District Board of Directors. President Lucey stated that Local One employees are holding an election to determine if the majority of its employees wish to proceed with the bill. President Lucey stated that at his request, staff is contacting the cities served by the District to request their support in opposing the bill. Mr. Aim, Counsel for the District, stated that he has made a preliminary review of the law and the proposed legislation. Mr. Aim advised the Board as to the lawfulness of such a piece of special legislation, the fact that any costs associated with implementation of ward elections would have to be passed on to the District's ratepayers, the effective date of the proposed legislation, and the impact on current Board Members' terms of office. Mr. Aim stated that the proposed legislation would be effective January 1, 2001. There is substantial case law that would seem to suggest that when elections go from an at-large to a district or ward election setting, once someone is elected to a term, they serve the term out regardless of how that impacts on redistricting. Mr. Aim gave examples of how current Board Members might be impacted if the proposed legislation were to pass. 7. HUMAN RESOURCES REVIEW THE CLASS DESCRIPTION FOR ASSOCIATE ENGINEER TO INCLUDE REQUIREMENTS FOR INDIVIDUALS TO BE AUTHORIZED TO PRACTICE LAND SURVEYING a. Mr. Batts, Director of Engineering, stated that the proposed revision to the class description for Associate Engineer deals with the legal requirements for land surveying and overseeing the preparation of right-of-way maps and descriptions, and easement documents. 03 18 9Ç) 53 It was moved by Member Boneysteele and seconded by Member Nejedly, that the revised class description for the position of Associate Engineer be adopted. There being no objection, the motion was approved with Members Menesini and Hockett being absent. 8. APPROVAL OF MINUTES a. MINUTES OF FEBRUARY 18. 1999 It was moved by Member Boneysteele and seconded by Member Nejedly, that the minutes of February 18, 1999 be approved as presented. There being no objection, the motion was approved with Members Menesini and Hockett being absent. 9. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED MARCH 18. 1999 Member Boneysteele, Chair of the Budget and Finance Committee, stated that he and President Lucey reviewed the expenditures and found them to be satisfactory. It was moved by Member Boneysteele and seconded by President Lucey, that the Expenditure List dated March 18, 1999, including Self Insurance Check Nos. 101524- 101527, Running Expense Check Nos. 116504-116801, Sewer Construction Check Nos. 20880-20930, Manual Payroll Check Nos. 48520-48526, and Regular Payroll Check Nos. 4991 0-49979 be approved as recommended. There being no objection, the motion was approved with Members Menesini and Hockett being absent. 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 11. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS President Lucey requested that a closed session be scheduled at a future Board Meeting for the Board to instruct its labor negotiators. Member Nejedly introduced Mr. Ryan Nelson, a Political Science student from Los Medanos College, who was present in the audience. 12. CLOSED SESSION a. REAL PROPERTY NEGOTIATIONS With respect to real property negotiations, the closed session was held pursuant to Government Code Section 54956.8. The real property which the negotiations may concern is the property at 4849 Imhoff Place, Martinez, California and adjacent properties. The District's negotiators may negotiate with representatives of Contra Costa County. At 2:46 p.m., President Lucey declared the closed session to discuss real property negotiations as noted above. At 3:28 p.m., President Lucey concluded the closed session and reconvened the meeting into open session. 13. REPORT OF DISCUSSIONS IN CLOSED SESSION No decisions were made or votes taken in closed session which require reporting at this time. 03 18 99 54 14. ADJOURNMENT There being no further business to come before the Board, President Lucey adjourned the meeting at the hour of 3:29 p.m. COUNTERSIGNED: 03 18 99