Loading...
HomeMy WebLinkAboutBOARD MINUTES 10-21-99 171 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON OCTOBER 21, 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 October 21, 1999. 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 . Spencer Chun, Network Technician . Alexandr (Sasha) Mestetsky, Assistant Engineer Mr. Spencer Chun, Network Technician, and Mr. Alexandr (Sasha) Mestetsky, Assistant Engineer, were introduced by their supervisors and welcomed to the District by President Lucey and the Board of Directors. b. INTRODUCE NEW ASSOCIATE COUNSEL FOR THE DISTRICT . Andrew Helmlinger Mr. Kenton L. Aim, Counsel for the District, introduced Mr. Andrew Helmlinger, new Associate Counsel for the District. The Board and staff welcomed Mr. Helmlinger. 2. PUBLIC COMMENTS None 3. AWARDS AND COMMENDATIONS a. PRESENT WATEREUSE ASSOCIATION OF CALIFORNIA DISTINGUISHED SERVICE AWARD TO JAMES KELLY. DIRECTOR OF PLANT OPERATIONS. FOR HIS DISTINGUISHED SERVICE AS A BOARD MEMBER FROM 1990-1999 Mr. Charles W. Batts, General Manager, distributed and highlighted a letter from Mr. David A. Requa, President of WateReuse, commending Mr. James Kelly, Director of Plant Operations, for his unwavering support to the WateReuse organization over the past ten years and for his contributions to the recycled water field. President Lucey presented the WateReuse Association of California Distinguished Service Award to Mr. Kelly and congratulated him on this significant achievement. 4. CONSENT CALENDAR Following discussion of the location of the easement and Acacia Pumping Station, it was moved by Member Hockett and seconded by Member Menesini, that the Consent Calendar, consisting of Item a., be approved as recommended, resolution adopted as appropriate, and recording duly authorized. a. An Easement Modification Agreement with Pacific Gas and Electric Company was approved, that the President of the Board of Directors and the Secretary of the District were authorized to execute and record said 10 21 99 172 None a. 10 Agreement with the Contra Costa County Recorder, and that Resolution No. 99-111 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Menesini, Nejedly, Boneysteele, Lucey None None 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER 6. REPORTS GENERAL MANAGER 1) Mr. Batts, General Manager, stated that at the July 15, 1999 Board Meeting there was a request for a tour or video of the Solids Conditioning Building to see the Ash Handling Improvements Project, DP 7186. Mr. Batts stated that Mr. Steve Colberg, Shift Supervisor in Charge of Training, has prepared a video of the project. Mr. Batts stated that Mr. Colberg uses this same media and energy to document and provide training for various operations and maintenance tasks for the Plant Operations Department. Mr. Batts introduced Mr. Colberg, who showed the Ash Handling Improvements Project video and answered the questions of the Board. President Lucey and Mr. Batts thanked Mr. Colberg for the very interesting and informative video. 2) Mr. Batts, General Manager, announced that the District's Integrated Pest Management Program (lPM) will be one of the winners of the California Department of Pesticide Regulation 1999 Integrated Pest Management Innovator Awards. The Awards Ceremony will take place in the Governor's Council Room in Sacramento at 1 :30 p.m. on November 4, 1999, the day of the next Board Meeting. If the Board has no objection, District staff responsible for the IPM Program will be attending and President Lucey has asked Member Menesini to represent the Board of Directors. The Board agreed. Mr. Batts asked anyone else who wished to attend to let him know. 3) Mr. Batts, General Manager, announced that the District will be advertising for the Pre-Aeration Odor Control Unit Modification Project, DP 6146, to install a large chemical storage tank and other equipment in the Primary Tank area for odor control facilities. The engineer's estimate for the work is $30,000. 4) Mr. Batts, General Manager, announced that the District will be conducting a second round of prequalification submittals for microtunneling and tunneling in conjunction with the future work on the Dougherty Tunnel and Trunk Sewer Project. Since this project has been delayed for more than a year, staff felt it was prudent to do additional prequalification. Discussion followed with regard to the water supply for the development, the prequalification criteria including compliance with environmental regulations, and approval by the Board of Directors. Mr. Batts stated that the findings relating to environmental compliance will come back to the Board with the other results of the prequalification process. 5) Mr. Batts, General Manager, announced that Bay City Paving and Grading, the contractor for the City of Martinez on the Pacheco Boulevard Project, a joint project between the City of Martinez and the District, has filed a claim against the City of Martinez. The total claim of $590,000 is for increased 21 99 b. c. 173 costs. Of the total claim, $410,000 is for the sewer work. The City of Martinez has rejected the claim. The District is working with the City. 6) Mr. Batts, General Manager, invited the Board to attend the District Holiday Party at 7:00 p.m. on Saturday, November 13, 1999 at Zandonella's in Pittsburg. The cost is $15 per person. 7) Mr. Batts, General Manager, announced that the Governor has signed AB 1549 (Torlakson) as amended. AB 1549 relates to election of District Board Members. 8) Mr. Batts, General Manager, regretfully informed the Board that former District Manager and District Engineer Victor W. Sauer passed away on October 17, 1999. It was the consensus of the Board, that the Board Meeting be adjourned in memory of Mr. Sauer. COUNSEL FOR THE DISTRICT 1 ) Mr. Kenton L. Aim, Counsel for the District, reported that a hearing is scheduled on October 29, 1999 relative to enlarging the judgment received by the District in the matter entitled CCCSD v. Orinda Moraga Disposal Service, Inc., et ai, Contra Costa County Superior Court Case No. C96- 00562. The District received a $9 million judgment against Doug Lomow, owner of Orinda Moraga Disposal Service, and several sham companies. At the time the judgment was received, the District was not aware of all of the assets and where those assets were held. In this hearing, an attempt will be made to enlarge the judgment to include these other entities to assist in getting clear title to the properties and funds. Mr. Aim reported that the hearing with regard to the criminal prosecution of Doug Lomow has been put over to November 15, 1999. 2) Mr. Aim, Counsel for the District, announced that unless the Board objects, he intends to attend the Association of Metropolitan Sewerage Agencies/American Water Works Association (AMSA/AWWA) Annual Lawyers' Conference in November in Charleston, South Carolina. Mr. Aim stated that he attended the Conference last year in San Diego and found it to be superior. Mr. Aim stated that he would use a portion of the District funds budgeted for such purposes, but he would not charge for his time. The Board indicated that this is a worthwhile conference and Mr. Aim should attend. The District will cover the expenses. SECRETARY OF THE DISTRICT 1 ) Ms. Joyce E. Murphy, Secretary of the District, distributed the draft 2000 Board Calendar and requested direction from the Board with regard to the January and May Board Meeting dates which conflict with California Association of Sanitation Agencies (CASA) meetings. Following discussion, it was the consensus of the Board that the January 20, 2000 Board Meeting be canceled because of a conflict with CASA but that January 13, 2000 be held as a possible Board Meeting date should the need arise, and that the May 4, 2000 Board Meeting be rescheduled for 2:00 p.m. on Tuesday, May 2, 1999 because of a conflict with CASA. 2) Ms. Murphy, Secretary of the District, announced that she will be out of town and unable to attend the November 4, 1999 Board Meeting. Mr. Paul Morsen, Secretary Pro Tem, and Ms. Julie Lopez, Administrative Assistant, will attend the Board Meeting in her place. 10 9 ~) 21 174 d. BOARD MEMBERS 2) 3) 1 ) Member Menesini reported that he and General Manager Charles Batts attended the Contra Costa Special Districts Association meeting on October 18, 1999. Topics of discussion at that meeting included various committee reports, a report from Contra Costa County Treasurer William Pollacek, a legislative update, and procedures for election of the special district representatives to Local Agency Formation Commission (LAFCO). Member Boneysteele reported that the Budget and Finance Committee met with representatives of Hood and Strong to review the Audited Financial Statements for the Fiscal Year Ended June 30, 1999. This matter will be calendared on the next Board Meeting agenda. President Lucey stated that both he and Member Boneysteele were impressed with the District staff work in this area. Member Menesini announced that the November 15, 1999 Environmental Alliance Discussion Series will feature Mr. Richard Procunier, Remedial Project Manager for the U.S. Environmental Protection Agency, on the topic Cleaning Up With Superfund: Two Case Studies. Anyone interested is invited to attend the session at noon at the John Muir Home. 7. ADMINISTRATIVE a. ADOPT A RESOLUTION AMENDING EXHIBIT A. DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES OF THE DISTRICT CONFLICT OF INTEREST CODE Mr. Batts, General Manager, stated that each year the District reviews the District's Conflict of Interest Code designated positions and disclosure categories. Various changes in employee classifications and organizational structure during the past year have resulted in a number of proposed changes to Exhibit A, Designated Positions and Disclosure Categories. The proposed changes have been reviewed by the District Management Team, Counsel for the District, and the Board Personnel Committee. Member Boneysteele left the meeting at the hour of 3:06 p.m. Following explanation by Mr. Kenton L. Aim, Counsel for the District, it was moved by Member Hockett and seconded by Member Nejedly, that Resolution No. 99-112 be adopted, amending Exhibit A, Designated Positions and Disclosure Categories of the Central Contra Costa Sanitary District Conflict of Interest Code, and that the Secretary of the District be authorized to submit a copy of said code amendment to the Contra Costa County Board of Supervisors, the code reviewing body, for approval. Motion approved on the following vote: AYES: NOES: ABSENT: Members: Hockett, Nejedly, Menesini, Lucey Members: None Members: Boneysteele 8. ENGINEERING AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH THE CONTRA COSTA COUNTRY CLUB FOR RETROFITTING THEIR IRRIGATION SYSTEM TO ALLOW MAXIMUM USE OF RECYCLED WATER a. Mr. Batts, General Manager, introduced Mr. James Coe, Associate Engineer, who showed a map highlighting the Pleasant Hill Recycled Water Project, Phase 1, the recycled water zone, existing pipelines, and current customers. Mr. Coe reviewed the history of the Pleasant Hill Recycled Water Project beginning with District Board approval of the project in 1994, execution of a General Agreement with Contra Costa Water District (CCWD) in 1994, execution of a Project Agreement with CCWD in 1995, receipt of the State $2.9 10 21 99 175 million low interest loan in 1996, expenditure of $7 million in capital costs during the period 1994 through 1998, first delivery of recycled water in 1998, and delivery of 213 acre feet (69 million gallons) of recycled water in 1998. Member Boneysteele returned to the meeting at the hour of 3: 1 0 p.m. Mr. Coe stated that it is projected that approximately 300 acre feet (98 million gallons) of recycled water will be delivered in 1999. The full potential of Contra Costa Country Club is 300 acre feet. Mr. Coe stated that since 199424,300 lineal feet of 8- to 24-inch diameter pipe has been installed, 13 customers connections have been made, 3.5 MGD pumping station and clearwell cover have been installed, filter plant upgrades have been made, and the 3.8 MGD applied water pumps have been made more efficient. In response to a question from President Lucey, Mr. Coe stated that all customer connections are paid by the District and the costs are recovered through the sale of recycled water. All capital costs are recovered plus interest. Mr. Coe reviewed the pattern of recycled water usage on a monthly cycle for 1998 and 1999. Mr. Coe stated that the District received a 20-year loan from the State of California in the amount of $2.9 million at 2.6 percent per annum. In order to receive this loan the District was required to have customer contracts in place. The State loan was approved based on total demand. Contra Costa Country Club usage is 42 percent of that total demand. The recycled water rate structure is based on the District costs, State loan costs, and total demand. Mr. Coe stated that the ten-year contract executed in November 1996 with Contra Costa Country Club was required for the State loan. This early agreement required the Country Club to use 173 acre feet per year; however, the Country Club could limit usage because of water quality concerns. In the contract, the District and the Country Club agreed to share in the greens retrofit project costs. Mr. Coe stated that in the proposed Greens Retrofit Agreement the District would agree to advance $200,000 to the Country Club for satisfactory completion of work. The Country Club must use 173 acre feet of recycled water per year for 20 years for a discounted present value of $570,000 in net revenue back to the District. The proposed Agreement contains an incentive provision for the Country Club to use more recycled water. If the Country Club uses more recycled water and repays the District quicker, they would have the option to shorten the term of the contract. Mr. Coe stated that the additional money received by the District after the District's initial $200,000 project costs are recovered will be used to pay for plant costs and recycled water capital costs. Mr. Coe reviewed the schedule of events relating to recycled water, noting that the Pleasant Hill Phase 1 Project including Country Club retrofits is scheduled for completion in 1999/2000; the Pleasant Hill Phase 2 Project is scheduled for completion in 2001/2002, the Lamorinda Water Supply Agreement is scheduled for 2000; the Lamorinda Project is scheduled for 2002/2003; and the Industrial Project Agreement is scheduled for 2000/2001. Mr. Coe indicated that East Bay Municipal Utility District has done significant public outreach and is proceeding with design of the Lamorinda Recycled Water Project. Mr. Kenton L. Aim, Counsel for the District, stated that the matter currently before the Board is consideration of approval of the agreement with Contra Costa Country Club. Mr. Aim stated that this could have the appearance of a gift of public funds to an arguably wealthy private entity; however, this agreement is part and parcel of the commitment made by the District to the State of California three years ago to secure the State loan. Given the sensitivity, the agreement was designed in a way to allow the District to recapture the $200,000 investment so from a legal perspective there is no gift of public funds. President Lucey expressed his discomfort with such a contract. President Lucey stated that the District committed to it in 1996 but he is having trouble with the District paying for connections and retrofit. President Lucey stated that he would not be willing to commit to such agreements in the future. Member Menesini stated that President Lucey's point is well taken. Member Menesini stated that the District needs to indicate that this is not a gift but rather a loan and something that the District hopes is an investment in the future. 10 21 '~9 176 Member Boneysteele stated that at the beginning of the Clean Water Program when the District received the original grant for the plant, it was as a water reclamation plant. The District took the grant with that understanding and committed to producing and selling recycled water. As time went on, the Environmental Protection Agency reduced its discharge requirements, but the District took the grant money on the condition that we build a water reclamation facility and produce recycled water. There was a District commitment to go ahead with a recycled water project. District staff has negotiated this agreement with Contra Costa Country Club so it is compensatory. Member Boneysteele stated that he does not think it is burdensome on anyone the way it has been negotiated. It was moved by Member Hockett and seconded by Member Boneysteele, that the General Manager be authorized to execute an agreement with Contra Costa Country Club at a cost not to exceed $200,000 for retrofitting their irrigation system to allow maximum use of recycled water. There being no objection, the motion was unanimously approved. 9. APPROVAL OF MINUTES a. MINUTES OF SEPTEMBER 16. 1999 It was moved by Member Boneysteele and seconded by Member Menesini, that the minutes of September 16, 1999 be approved as presented. There being no objection, the motion was unanimously approved. 10. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED OCTOBER 21. 1999 Member Boneysteele, Chair of the Budget and Finance Committee, stated that he and President Lucey reviewed the expenditures and found them to be in order. It was moved by Member Boneysteele and seconded by President Lucey, that the Expenditure List dated October 21,1999, including Self Insurance Check Nos. 101571- 101575, Running Expense Check Nos. 120713-121073, Sewer Construction Check Nos. 21586-21619, Manual Payroll Check Nos. 48586-48607, and Regular Payroll Check Nos. 50440-50505, be approved as recommended. There being no objection, the motion was unanimously approved. 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 12. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None 13. ADJOURNMENT There being no further business to come before the Board, President Lucey adjourned the meeting at the hour of 3:43 p.m. in memory of Victor W. Sauer, former District Engineer and District Manager. President of t e oard of Dire ors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: S r ta y of the Centra C ntra osta Sa . ary District, County of Co tra Costa, State of California 10 2199