Loading...
HomeMy WebLinkAboutBOARD MINUTES 10-15-98 238 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON OCTOBER 15, 1998 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 501 9 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on October 15, 1998. President Nejedly called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Lucey, Menesini, Boneysteele, Nejedly ABSENT: Members: Hockett Member Hockett had previously advised that she would be unable to attend this meeting and had requested to be excused. 2. PUBLIC COMMENTS None 3. AWARDS AND COMMENDATIONS a. RECEIVE U.S. ENVIRONMENTAL PROTECTION AGENCY tEPA) 1998 NATIONAL FIRST PLACE AWARD FOR AN OUTSTANDING PRETREATMENT PROGRAM Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that this award is given annually by the U.S. Environmental Protection Agency (EPA), who considers agencies across the country and looks at the most outstanding pretreatment program. The District received the 1998 National First Place Award for an Outstanding Pretreatment Program, which was given at the Water Environment Federation (WEF) meeting in Orlando, Florida on October 5, 1998. Mr. Dolan stated that he and Source Control Program Superintendent Tim Potter were in attendance and received the award with great pleasure and pride. Mr. Dolan introduced Mr. Tim Potter, Source Control Program Superintendent, who stated that it is with a great deal of pleasure that he presents the U.S. EPA 1998 National First Place Award for an Outstanding Pretreatment Program to the District Board of Directors. Many individuals who contributed to both the program and the application are here today, including Communication Services staff Harriette Heibel, Ken Grubbs, Son Nguyen, Tim Tullis, and Chris Carpenter; Household Hazardous Waste Collection Facility staff Elaine Jacobs, James Minor, and Wilson Brooks; Collection System Operations Department Technician Ken Null; Pollution Prevention staff Bart Brandenburg and Kiley Kinnon; and Source Control staff Kurt Darner, Beverly Baclig, Roberta Peterson, and Earlene Millier. Mr. Potter stated that it was with immense pride that we received this award and it is a pleasure to present the plaque and flag to the Board. Mr. Dolan stated that the District's treatment plant would not work if people could put everything they wanted into the sewer system. The District first dealt with pass through and interference items. Over the last eight to ten years, the District has been working on pollution prevention, actually going out and dealing with the subtle contaminants. This is the District's first line of defense. President Nejedly was joined by the Board in congratulating and commending all of the staff members who contributed to this noteworthy achievement. 10 15 98 239 b. RECEIVE THE DELEGATION OF TAIWAN PROVINCIAL GOVERNMENT. HOUSING AND URBAN DEVELOPMENT BUREAU. PLAQUE IN APPRECIATION OF HOSPITALITY AND CONTRIBUTIONS OF THE DISTRICT TO THEIR STUDY PROGRAM OF WASTEWATER ENGINEERING IN THE USA Mr. Dolan, General Manager-Chief Engineer, stated that the District hosted a delegation of 18 to 20 people from the Taiwan Provincial Government, Housing and Urban Development Bureau. The Housing and Urban Development Bureau is responsible for wastewater and water systems in Taiwan. The delegation was looking at unique technologies including ultraviolet disinfection, selector, incineration, and co-generation. They were very interested in the District's pollution prevention and public education programs as well as inflow and infiltration and wet weather handling. Mr. Dolan displayed the porcelain plaque presented to the District by the delegation in appreciation of the District's hospitality and contributions to their Study Program of Wastewater Engineering in the USA. 4. CONSENT CALENDAR It was moved by Member Boneysteele and seconded by Member Menesini, that the Consent Calendar consisting of Items a. through d., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 98-144 accepting work and Offers of Dedication from Ralph E. Kerley and Theresa A. Kerley, Job 5254, Parcel 2, La Casa Via, Walnut Creek area, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Boneysteele, Menesini, Lucey, Nejedly NOES: Members: None ABSENT: Members: Hockett b. Authorization was given for P.A. 98-11 (Alamo) to be included in a future formal annexation to the District. Motion approved on the following vote: AYES: Members: Boneysteele, Menesini, Lucey, Nejedly NOES: Members: None ABSENT: Members: Hockett c. The contract work for the construction of the Rossmoor Sewer Improvements Project, Phase 4, DP 5268, in Walnut Creek, was accepted and the filing of the Notice of Completion was authorized. Motion approved on the following vote: AYES: Members: Boneysteele, Menesini, Lucey, Nejedly NOES: Members: None ABSENT: Members: Hockett d. The Audited Financial Statements for the fiscal year ended June 30, 1998 were received. 10 15 98 240 Motion approved on the following vote: AYES: Members: Boneysteele, Menesini, Lucey, Nejedly NOES: Members: None ABSENT: Members: Hockett 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Dolan, General Manager-Chief Engineer, requested that Item 12.b., Budget and Finance, be taken out of order to accommodate interested persons in the audience. President Nejedly proceeded to Item 12.b. 12. BUDGET AND FINANCE a. ADOPT RESOLUTIONS APPOINTING BOND COUNSEL. ENGAGING PRICING CONSULTANT. APPROVING. AUTHORIZING. AND DIRECTING THE EXECUTION OF DOCUMENTS. AND AUTHORIZING THE DELIVERY OF AND APPROVING THE PRELIMINARY OFFICIAL STATEMENT FOR 1998 REFUNDING REVENUE BONDS (REFUNDING A PORTION OF THE DISTRICT'S 1994 REVENUE INSTALLMENT CERTIFICA TES) Mr. Dolan, General Manager-Chief Engineer, stated that this matter was taken up at a Board Workshop on finance matters on October 7, 1998. At that time the Board indicated support for proceeding with this concept. Mr. Gary Kitahata, the Pricing Consultant, is present to discuss his role in the process. Mr. Gary Kitahata, of Kitahata & Associates, reviewed his background and experience. Mr. Kitahata stated that his role in this process is to act as Pricing Consultant for the sale of bonds in a negotiated sale. This will serve as a check and balance over the Underwriter, Stone & Youngberg. Mr. Kitahata stated that he will provide comparables to District staff as to the market at the time of sale and provide an analysis after the sale. Following discussion, it was moved by Member Boneysteele and seconded by Member Menesini, that Resolution No. 98-145 be adopted, appointing Jones Hall as Bond Counsel and engaging Kitahata & Associations as Pricing Consultant; and that Resolution No. 98- 1A6 be adopted, authorizing staff to execute documents and authorizing the delivery of and approving the Preliminary Official Statement for 1998 Refunding Revenue Bonds in an amount not to exceed $27 million, if debt service savings net of all cost of issuance exceeds $500,000. Motion approved on the following vote: AYES: Members: Boneysteele, Menesini, Lucey, Nejedly NOES: Members: None ABSENT: Members: Hockett At this time President Nejedly reverted to the order of the agenda. 6. BIDS AND AWARDS a. REJECT ALL BIDS RECEIVED FOR THE CONSTRUCTION CONTRACT FOR THE 1998 STORM DAMAGE PROJECT. DP 5205 It was moved by President Nejedly and seconded by Member Lucey, that all bids for the contract for construction of the 1998 Storm Damage Project, DP 5205, be rejected. There being no objection, the motion was approved with Member Hockett being absent. 10 15 98 a. 241 7. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that at the Board Budget and Finance Committee Meeting/Board Workshop on October 7, 1998, the Board considered a report by Controller Deborah Ratcliff recommending that the District expand its investment limit in the Local Agency Investment Fund (LAIF) from the current limit of $7.5 million to $30 million, the maximum allowed by LAIF. The Board appeared favorably disposed, but deferred final decision to allow time to further consider the concept. Following brief discussion, it was the consensus of the Board, with Member Hockett being absent, that the District's investment limit in LAIF be increased from $7.5 million to $30 million, the maximum allowed by LAIF. 2) Mr. Dolan, General Manager-Chief Engineer, stated that draft documents prepared by Sue Lamb, of Lamb and Lamb, and edited by the District's management staff were distributed to the Board. Pursuant to the discussion at the last Strategic Planning session, the next step would be to produce a consensus document covering the District mission, vision, and values. In addition, the managers have begun to develop the schedule of action options for further consideration by the Board and employees. Mr. Dolan reviewed the mission previously approved by the Board and the draft vision and values. Following discussion, it was the consensus of the Board, with Member Hockett being absent, that the following vision statement be approved as the vision of the District: Being acknowledged by our community and peers as highly responsive, effective, and efficient. Following further discussion, it was the consensus of the Board, with Member Hockett being absent, that the following values statement be approved: We will accomplish our vision while valuing: . Our employees, their activities, . contributions, and accomplishments Excellent customer service Our communities and neighbors The demonstration of industry leadership A safe environment for our citizens and employees Ethics and integrity . . . . . Mr. Dolan stated that the remainder of the packet distributed to the Board deals with strategic issues. The managers have begun brainstorming to provide more detail, trying to put this information into a form that can be turned into a Five-Year Operations and Maintenance (O&M) Plan. Board Members were asked to provide any changes or additions to the General Manager-Chief Engineer or Secretary of the District by October 23, 1998. These Strategic Areas will be brought back to the Board for final approval. Discussion followed with regard to the need for flexibility to accommodate changes that may be made by the new General Manager. 3) Mr. Dolan, General Manager-Chief Engineer, introduced Mr. William E. Brennan, Capital Projects Division Manager, who distributed a project status report and provided an update on the South Orinda Sewer Improvements Project. Mr. Brennan reported that the microtunneling portion of the project 10 98 15 242 has only one 500-foot section left. The contractor is preparing the equipment for this last push. Overall, the project is 84 percent complete. Mr. Brennan reported that on Monday, October 5, 1998, employees of Westcon, a subcontractor on the project, violated traffic control constraints by blocking a lane of traffic while unloading pipe outside the allowed construction hours. As a result, the City of Orinda suspended the construction permit for one day. A meeting between District management and the top staff of the contractor Mountain Cascade was held. A second meeting has been scheduled for October 21, 1998, between the District General Manager-Chief Engineer, District staff, and Mountain Cascade. At that meeting Mountain Cascade is to provide an action plan to complete the remaining work on time, by the end of the calendar year, with no more traffic violations, and no more spills. The District has recourse to terminate the contract if Mountain Cascade does not get the work done. This would be a serious step and there would be a number of steps before the contract would be terminated, but this is to put the contractor on notice. Mr. Dolan, General Manager-Chief Engineer, stated that District staff wants the contractor to show cause why the District should not take the contractor off the job. This most recent environmental pollution incident is a flagrant violation following after other violations. Discussion followed with regard to including language in future construction documents that would prohibit contractors with known environmental violations from bidding. Mr. Brennan concluded his status report, noting several other customer relations issues involving homeowners that do not impact the District. 4) Mr. Dolan, General Manager-Chief Engineer, announced that the District will be participating in the Walnut Creek Chamber of Commerce Teachers' Appreciation Night tonight, October 15, 1998, from 5:00 p.m. to 7:00 p.m. at the Lindsay Museum. Ms. Harriette Heibel, Community Affairs Manager, is Chair of the Walnut Creek Chamber of Commerce Education Committee and will serve as Master of Ceremonies for the event. b. COUNSEL FOR THE DISTRICT None c. SECRETARY OF THE DISTRICT None d. BOARD MEMBERS 1 ) Ms. Mary Lou Lucas, of East Bay Municipal Utility District (EBMUD) reviewed a joint letter to the Editor from EBMUD and Central Contra Costa Sanitary District (CCCSD) in response to a letter from Mr. Clyde Vaughn concerning recycled water. The letter reasserts the CCCSD policy and position on recycled water. It is proposed that the letter be signed by CCCSD Board President Jim Nejedly and EBMUD Board President John Coleman. The Board voiced no objection. 8. BREAK President Nejedly declared a recess at the hour of 3: 15 p.m., reconvening at the hour of 3:20 p.m. with all parties present as previously designated. 10 15 98 243 9. CORRESPONDENCE ... a. NOTE RECEIPT OF LETTER DATED SEPTEMBER 23. 1998 FROM ANNAMARIA PERRELLA. LOCAL AGENCY FORMATION COMMISSION (LAFCQ) EXECUTIVE OFFICER. REGARDING EXISTING VACANCY FOR THE ALTERNATE SPECIAL DISTRICT REPRESENTATIVE TO LAFCO AND REQUESTING NOMINATIONS TO FILL THE POSITION Receipt was noted of the letter dated September 23, 1998 from Ms. Annamaria Perrella, Local Agency Formation Commission (LAFCO) Executive Officer, regarding the vacancy in the position of Alternate Special District Representative to LAFCO and requesting nominations to fill the vacancy. No: Board Member expressed an interest in running for this position and no nominations were made. 10. APPROVAL OF MINUTES a. MINUTES OF REGULAR BOARD MEETING OF SEPTEMBER 17. 1998 b. MINUTES OF ADJOURNED REGULAR BOARD MEETING OF SEPTEMBER 25. 1998 It was moved by Member Boneysteele and seconded by Member Lucey, that the minutes of the Regular Board Meeting of September 17, 1998 and the minutes of the Adjourned Regular Board Meeting of September 25, 1998, be approved as presented. There being no objection, the motion was approved with Member Hockett being absent and President Nejedly abstaining with regard to the minutes of September 25, 1998 because he was not present at that meeting. 11. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED OCTOBER 15. 1998 It was moved by Member Boneysteele and seconded by President Nejedly, that the Expenditure List dated October 15, 1998, including Self-Insurance Check Nos. 101481- 101485, Running Expense Check Nos. 113435-113801, Sewer Construction Check Nos. 20305-20369, and Payroll Check Nos. 48463-49609, be approved as recommended. There being no objection, the motion was approved with Member Hockett being absent. 12. BUDGET AND FINANCE a. RECEIVE THE 1997 ANNUAL REPORT OF THE DEFERRED COMPENSATION PLAN ADVISORY COMMITTEE The Annual Report of the Deferred Compensation Plan Advisory Committee for 1997 was received. b. ADOPT RESOLUTIONS APPOINTING BOND COUNSEL. ENGAGING PRICING CONSULTANT. APPROVING. AUTHORIZING. AND DIRECTING THE EXECUTION OF DOCUMENTS. AND AUTHORIZING THE DELIVERY OF AND APPROVING THE PRELIMINARY OFFICIAL STATEMENT FOR 1998 REFUNDING REVENUE BONDS (REFUNDING A PORTION OF THE DISTRICT'S 1994 REVENUE INSTALLMENT CERTIFICA TES) This item was taken out of order earlier in the agenda. 13. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 14. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS President Nejedly requested an update on the meeting with the contractor for the South Orinda Sewer Improvements Project. 10 15 98 244 Member Menesini announced that Mr. Bart Brandenburg, Source Control Program Superintendent, will speak on Pesticides and Water Quality Impairment: Using Less Toxic Pest Management, at the October 19, 1998 Environmental Alliance meeting. 1 5. CLOSED SESSION a. EXISTING LITIGATION A closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a). The title of the litigation discussed was CCCSD v. Maryellen Smith, et ai, Contra Costa County Superior Court Case No. C98-00193. At 3:25 p.m., President Nejedly declared the closed session to discuss existing litigation as noted above. At 3:50 p.m., President Nejedly concluded the closed session and reconvened the meeting into open session. 16. REPORT OF DISCUSSIONS IN CLOSED SESSION No decisions were made or votes taken in closed session which require reporting at this time. 17. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at the hour of 3:52 p.m. c. P Ident of the Board irectors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 10 15 98