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HomeMy WebLinkAboutBOARD MINUTES 02-02-95 22 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON FEBRUARY 2, 1995 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 3:00 p.m. on February 2, 1995. President Hockett called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Menesini, Dalton, Rainey, Boneysteele, Hockett ABSENT: Members: None 2. PUBLIC COMMENTS None 3. AWARDS AND COMMENDATIONS a. RECEIVE CALIFORNIA WATER POLLUTION CONTROL ASSOCIATION. SAN FRANCISCO BAY SECTION. SAFETY PROGRAM AWARD FOR 1994 Mr. Roger J. Dolan, General Manager-Chief Engineer, announced with a great deal of pride that the District is the recipient of an award from its peers. The District's safety program was compared to other agencies' programs around the Bay and was selected for its outstanding program. Mr. Dolan introduced Mr. Bill McDonald, Chair of the California Water Pollution Control Association (CWPCA) Safety Committee and Mr. George Quaye, of the CWPCA Awards Committee. Mr. Quaye stated that the Committee toured the treatment plant and reviewed the District's safety program. The District's safety program showed a concerned effort backed by management to develop a living program, including a wellness program, hazardous materials control, communications, and confined space entry. Mr. Quaye stated that it is noteworthy that employee suggestions and recognition were made a very important part of the District's safety program. Mr. Quaye presented the California Water Pollution Control Association, San Francisco Bay Section, Safety Program Award for 1994. Ms. Bonnie Allen, Safety and Risk Manager, introduced the District's safety professionals David Albinus, Tamara Davidson, and Kirby Narcisse. On behalf of the District and the Board of Directors, President Hockett thanked Messrs. McDonald and Quaye for the award and commended the District safety professionals and employees for the outstanding safety program. 4. CONSENT CALENDAR Following discussion, it was moved by Member Rainey and seconded by Member Dalton, that the Consent Calendar, consisting of Item a., be approved as recommended. a. The contract work for the construction of the Headworks Facilities Improvement Project, DP 20069, was accepted and the filinG of the Notice of Completion was authorized. There being no objection, the motion was unanimously approved. 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORúER None 02 02 95 23 6. BIDS AND AWARDS a. AUTHORIZE AWARD OF CONTRACT FOR DP 61 00. AUXILIARY BOILERS BURNER MODIFICATIONS. TO CORNELY COMPANY FOR $128.407 Mr. Dolan, General Manager-Chief Engineer, stated that the purpose of the Auxiliary Boilers Burner Modifications Project is to lower the concentrations of oxides of nitrogen in the boiler stack emissions. Following discussion, it was moved by Member Dalton and seconded by Member Rainey, that award of contract be authorized to Cornely Company, the lowest responsible bidder in the amount of $128,407, for the Auxiliary Boilers Burner Modifications Project, DP 6100. There being no objection, the motion was unanimously approved. 7. SOLID WASTE CONSIDER CEDING DISTRICT'S FRANCHISE AUTHORITY TO CONTRA COSTA COUNTY IN CERTAIN UNINCORPORATED AREAS OF CENTRAL COUNTY a. Mr. Dolan, General Manager-Chief Engineer, stated that the position paper presents the recent history of solid waste franchising issues in Central Contra Costa County. Ms. Lousie Aiello, of the Contra Costa County Community Development Department, addressed the Board relative to the position of the Board of Supervisors. Ms. Aiello stated that the Board of Supervisors has been interested for some time in the Pacheco/Clyde/North Concord franchise area because it is contiguous to other areas franchised by the County. Greater efficiencies could be achieved from combining these franchise areas. Ms. Aiello stated that the position of the Board of Supervisors relative to the Pleasant Hill BART Station area is not clear at this time. In response to a question from Member Rainey, Ms. Aiello stated that it is the intention of the Board of Supervisors to take over franchising authority for the Pacheco/Clyde/North Concord area as soon as possible, rather than waiting until February 1996. Ms. Aiello stated that the Board of Supervisors understands that there is a territorial dispute in that area. Mr. Kenton L. Aim, Counsel for the District, stated that in terms of the existing franchise in portions of that area, it is unclear whether the issues put before the Board of Supervisors include taking over that area and issuing a franchise potentially to a different franchisee before the end of the current franchise period of March 1996. Mr. Aim asked if the County will continue with the current franchise through March 1996 or if the County intends to do something different in the interim. Ms. Aiello responded that with regard to haulers for whom the County currently franchises, the County intends to expand those franchises giving those haulers additional territories. The County now has a franchise for Bay Point which is similar to the one the District currently has for the Pacheco/Clyde/North Concord area. The County could consider assuming the Pacheco/Clyde/North Concord area into the existing Bay Point franchise. Ms. Aiello stated that the Board of Supervisors' proposed board order is written to combine those areas; however, the Board of Supervisors could provide different direction to staff when the matter is considered. . Member Rainey stated that the District and the Central Contra Costa Solid Waste Authority (CCCSWA) have been trying to get the County to join CCCSWA for some time, and the County has continued to defer the issue. Of late, the County has added an additional condition each time the matter was deferred. At the CCCSWA meeting of January 26, 1995, the CCCSWA Board of Directors stated their final position that if the County and the District can come to some mutually agreeable resolution of the Clyde/Pacheco/North Concord area franchise issue and if the Pleasant Hill BART Station area remains in the CCCSWA Request for Proposals (RFP), the County would be accepted for membership in CCCSWA. The matter is now before the District Board of Directors for consideration. Member Rainey expressed a legal concern with regard to the County's intentions in the Pacheco/Clyde/North Concord area because of the contract dispute between Pleasant Hill Bayshore Disposal and Browning Ferris Industries (BFI). It is very 02 02 95 24 important to the District that the existing franchise continue to be administered responsibly if the franchisor responsibility is transferred to the County. Member Rainey asked if the County could hold the District harmless in that regard. Mr. Aim replied that the District could be held harmless either by the County or Pleasant Hill Bayshore Disposal, Inc. Mr. Aim stated that he has discussed this issue with Mr. Tom Bruen, attorney for Pleasant Hill Bayshore Disposal. Mr. Bruen said that the appropriate time for change would be at the end of the existing franchise in 1996, but that would not preclude the District from assigning the franchise before that time. Mr. Dolan stated that provided the Board wishes to relinquish authority to regulate solid waste in the Pacheco/Clyde/North Concord area, a written agreement between the District and the County would be an appropriate way to resolve this issue. Other issues involved in the transfer of franchising authority such as effective date, outstanding litigation and potential liabilities, franchise fees, and staff functions, could be addressed as well. Mr. Dolan requested direction from the Board in that regard. In response to questions from President Hockett, Mr. Joe Minnick, Member of the Pacheco Municipal Advisory Council, stated that Deputy General Manager Paul Morsen discussed the possible transfer of franchising responsibility with the Advisory Council last fall. The Advisory Council supported and approved the proposal presented by Mr. Morsen that franchising responsibility for the northern unincorporated areas in Central County be transferred from the District to the County since the northern area is not contiguous to any other area franchised by the District. It was also noted that an article appeared in the Pacheco community newsletter on this subject, describing the issue and identifying efficiencies that could be achieved by combining this area with other areas currently franchised by the County. After discussion which covered some of the complexities involved in the transfer of franchising authority such as effective date, outstanding litigation and potential liabilities, franchise fees, and staff functions, it was moved by Member Menesini and seconded by Member Rainey, that contingent upon Contra Costa County (County) joining the Central Contra Costa Solid Waste Authority (CCCSWA), Central Contra Costa Sanitary District (CCCSD) cedes its franchising authority for unincorporated portions of Central County to the County as follows: 1 ) For the Pacheco/Clyde/North Concord franchise area without the restriction that the area be franchised through the CCCSWA Request for Proposals (RFP) process; 2) For the Pleasant Hill BART Station franchise area with the restriction that the area be franchised through the CCCSWA RFP process; and 3) For the remaining unincorporated franchise areas of Central County with the restriction that the areas be franchised through the CCCSWA RFP process; that staff be directed to prepare a draft agreement(s) to that effect between CCCSD, the County, and possibly one or more franchisees; and that the draft agreement(s) be brought back to the CCCSD Board of Directors for final approval. There being no objection, the motion was unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Rainey, Dalton, Boneysteele, Hockett None None 02 02 95 a. b. 25 8. APPROVAL OF MINUTES MINUTES OF SPECIAL BOARD COMMITTEE MEETING/BOARD WORKSHOP SESSION OF JANUARY 3. 1995 MINUTES OF REGULAR BOARD MEETING OF JANUARY 5. 1995 It was moved by Member Rainey and seconded by Member Boneysteele, that the minutes of the Special Board Committee Meeting/Board Workshop Session of January 3, 1995 and the minutes of the Regular Board Meeting of January 5, 1995, be approved as presented. There being no objection, the motion was unanimously approved. a. 9. APPROVAL OF EXPENDITURES EXPENDITURE LIST DATED FEBRUARY 2, 1995 Member Menesini, Chair of the Budget and Finance Committee, stated that he and Member Boneysteele reviewed the expenditures and found them to be satisfactory. Following discussion of agreement with Lamb & Lamb for Work Redesign activities, and ash hauling and reuse efforts, it was moved by Member Menesini and seconded by Member Boneysteele, that the Expenditure List dated February 2, 1995, including Self- Insurance Check No. 100916-100921, Running Expense Check Nos.87038-87420, and Sewer Construction Check Nos. 15167-15262, be approved as recommended. There being no objection, the motion was unanimously approved. None a. 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 11. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, announced that Mr. Jack Campbell, former CCCSD Director and Manager, visited the District recently. Mr. Campbell is enjoying his retirement and sent his best to the Board and staff . 2) Mr. Dolan announced that the District is prequalifying microtunnelers for the Pleasant Hill Relief Interceptor Project, Phase 3. The project cost is approximately $4 million. The microtunneling elements are about $2 million of that total. 3) Mr. Dolan announced that the Bay Area Air Quality Management District has imposed a $335 fine for a furnace smoking incident which occurred in August 1994. The incident occurred at night and was identified through the District's self-monitoring program. In response to a question from Member Menesini, Plant Operations Department Manager Charles W. Batts stated that the problem occurred during start up of a second furnace. The operators are very conscientious in operating the furnaces. Precautions were taken but this problem was not anticipated. 4) Mr. Dolan announced that the District's Automated Mapping and Production Coordinator Doug Drewes will travel to Arcata, California, at a cost of approximately $600 in connection with the digitizing of the maps for the Automated Mapping/Computer Aided Drafting (AM/CAD) System. The cost of this travel will be charged to the AM/CAD Capital Project. 5) Mr. Dolan announced that the Lindsay Museum is planning to develop the concept of a Water Festival. Mr. Ken Grubbs, Public Information and Graphics Coordinator, is working with the Lindsay Museum staff concerning possible District participation in the event. Mr. Grubbs will make a report to the Board at a future Board Meeting. 02 02 95 26 b. c. d. None 02 6) 7) 8) Mr. Dolan announced that a photograph taken by Paul Morsen of the treatment plant blowers appeared on the cover of the recent Water Environment & Technology publication. An article on energy efficiency co- authored by Plant Operations Department Manager Charles W. Batts appeared in the publication. Possible ways to commemorate the contributions of deceased Board Member John B. Clausen to the District were discussed. Member Menesini suggested, and the Board concurred, that District sponsorship of the Lindsay Museum Water Festival be done in honor of former Board Member Clausen. Mr. Dolan announced that Instrument Technician Harry Winston passed away recently. A visitation is scheduled for February 2, 1995 from 7:00 p.m. to 9:00 p.m. Services will be held on February 3, 1995 at 7:00 p.m. at Bryant & Moore Chapel, 1385 Galindo Street, Concord, California. COUNSEL FOR THE DISTRICT None SECRETARY OF THE DISTRICT None BOARD MEMBERS 1 ) 2) 3) 4) 5) Member Rainey reported on the January 26, 1995 Central Contra Costa Solid Waste Authority (CCCSWA) meeting at which the deadline for proposals for solid waste services was extended 30 days from February 6, 1995 to allow potential bidders to incorporate the recently negotiated long- term disposal agreement. Member Menesini reported that Mr. Rob Fates, of the Alamo Improvement Association, addressed the CCCSWA Board expressing dissatisfaction with their oversight of solid waste issues in general and garbages rates in particular. Member Menesini stated that Mr. Fates made some good points but some of his information was incorrect. Member Boneysteele reported on the January 25, 1995 Sanitation and Water Agencies meeting at which an update on the Central California Regional Water Recycling Project was presented. Mr. Chuck Beasley, representing the Contra Costa Chapter of the California Special Districts Association, was also present. Member Boneysteele distributed copies of the Contra Costa Special Districts Association booklet prepared by the District. Member Boneysteele reported on the January 19-21, 1995 California Association of Sanitation Agencies (CASA) meeting, noting that many informative presentations were made on such topics as the Orange County financial situation, changing culture and reinventing the organization, and the East Bay Municipal Utility District's PCB experience. Member Rainey reported that the Local Agency Formation Commission (LAFCO) will meet next week. in addition, the LAFCO Water Subcommittee is meeting quarterly. Member Menesini reported that he and Member Boneysteele met with District staff relevant to investment of Certificate of Participation proceeds. Member Menesini stressed that the District intends to maintain its present conservative investment policy. 12. ANNOUNCEMENTS 02 95 27 13. ADJOURNMENT There being no further business to come before the Board, President Hockett adjourned the meeting at the hour of 5:05 p.m. §iJ, ~ President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 02 02 95