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HomeMy WebLinkAboutBOARD MINUTES 05-04-95 68 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MAY 4, 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 May 4, 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 RECEIVE THE CALIFORNIA WATER ENVIRONMENT ASSOCIATION SAFETY AWARD FOR 1994 FOR LARGE UTILITIES IN THE STATE OF CALIFORNIA a. Mr. Roger J. Dolan, General Manager-Chief Engineer, introduced Mr. Karl Royer, Operations and Maintenance Supervisor for the East Bay Dischargers Authority (EBDA) and Chair of the California Water Environment Association (CWEA) State Safety Committee. Mr. Royer stated that he is pleased to present Central Contra Costa Sanitary District with the CWEA State Safety Award for 1994 for the large utility category. Specific areas in which the District excelled are as follows: . Safety record; . Reporting and record keeping proficiency; . Quality of safety training; and . Special programs such as the safety suggestion program, wellness program, emergency preparedness, and contractor safety. Mr. Royer stated that a Safety Program of this caliber does not occur automatically. It takes the commitment and participation of all levels within the organization. Mr. Royer stated that the CWEA Safety Committee has recommended the CCCSD Safety Program for the National Water Environment Federation Burke Award. This award will be presented to the District at the 1996 Annual Conference. Mr. Royer congratulated the District and presented the CWEA State Safety Award for 1994 to President Hockett. Mr. Dolan introduced the District's safety professionals Dave Albinus, Bonnie Allen, Tamara Davidson, and Kirby Narcisse. President Hockett commended the District's safety professionals and all District employees for their conscientious attention to safety. 4. CONSENT CALENDAR Following discussion of the 1-680/SR-24 Sewer Relocations Project, Phase 3B, and delinquent Sewer Service Charges, it was moved by Merr.ber Menesmi and seconded by Member Dalton, that the Consent Calendar, consisting 0: 1'F:.msa. through J., be approved as recommended. 05 04 95 69 The contract work for construction of the 1-680/SR-24 Sewer Relocations Project, Phase 3B, DP 4956, was accepted and the filing of the Notice of Completion was authorized. a. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Dalton, Rainey, Boneysteele, Hockett None None A public notice was authorized to set public hearings on June 1, 1995 to receive public comment on the establishment of the 1995-1996 Sewer Service Charge rates and the collection of such charges, and prior year delinquent charges, on the County tax rolls. b. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Dalton, Rainey, Boneysteele, Hockett None None The draft Fiscal Year 1995-1996 Capital Improvement Budget/1995 Capital Improvement Plan (CIB/CIP) was received for review and June 1, 1995 was established as the date for a public hearing to receive comments on the draft CIB/CIP. c. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: d. Menesini, Dalton, Rainey, Boneysteele, Hockett None None The 1995-1996 Equipment Budget was approved for inclusion in the 1995- 1996 District Budget to be adopted on June 15, 1995. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Dalton, Rainey, Boneysteele, Hockett None None 5. HEARINGS CONDUCT A PUBLIC HEARING ON THE PROPOSED SCHEDULE OF RATES AND CHARGES AND ADOPT AN ORDINANCE APPROVING THE FEE SCHEDULE EFFECTIVE JULY 1. 1995 a. Mr. Dolan, General Manager-Chief Engineer, stated that the schedule of rates and charges is reviewed annually, alternating between a detailed analysis of each fee and adjusting the rates for the effect of any across-the-board salary increase for that year. Last year a detailed analysis of each fee was done. This year it is proposed that the fees be adjusted to reflect the 2.1 percent salary increase for District employees. At 3: 17 p.m., President Hockett opened the public hearing to receive public comments on the proposed schedule of rates and charges. There being no comments, President Hockett closed the public hearing. 05 04 95 ----------.--..----.-.------- -. - - -.-------..----.. 70 It was moved by Member Boneysteele and seconded by Member Dalton, that Ordinance No. 194, approving a revised schedule of rates and charges effective July 1, 1995, be adopted. Motion unanimously approved on the following roll call vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Dalton, Menesini, Rainey, Hockett None None 6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Dolan, General Manager-Chief Engineer, requested that Item 9.a., Engineering, be taken out of order to accommodate interested persons in the audience. President Hockett proceeded to Item 9.a. a. 9. ENGINEERING ADVISE THE BOARD OF STAFF ACTIONS RELATED TO ALLEGED PAYROLL DEFICIENCIES ON THE HEADWORKS FACILITIES IMPROVEMENT PROGRAM. DP 20069 Mr. Dolan, General Manager-Chief Engineer, stated that this issue was raised by the Carpenters Union at the last Board Meeting. Mr. Dolan stated that he does not believe this is an issue that the Board has a need to deal with at this time; but rather, it is appropriate for the project staff to continue to work with the matter. These issues arise from time to time and, using a process established under state law, they can generally be resolved without an action of our Board. Mr. Ronald S. Klimczak, the District's Project Manager, and Mr. Fred King, of CH2M Hill, working with District Counsel, have taken the appropriate actions from the District's perspective. The issue is being adjudicated by the State Labor Commissioner's Office. Mr. Dolan introduced Mr. Ronald S. Klimczak, Senior Engineer and Project Manager forthe Headworks Facilities Improvement Project. Mr. Klimczak stated that the Carpenters Union representatives allege that Humphrey Construction, Inc., a non-union contractor, has underpaid employees' wages and fringe benefits in an amount up to $200,000 during the term of the Headworks Project. The contractor maintains that all required wage and fringe benefit payments have been made and no underpayments have occurred. Agencies such as the District usually defer these matters to the State Labor Commissioner's Office, and documents have been provided for their review. There are two issues. 1 ) Names, addresses and social security numbers cannot be released to third parties. State statute appears to be very restrictive on providing that information so all documents provided have had this information deleted. 2) The second issue concerns the amount of monies the District is required to hold from the retention. During the 30-day lien period, no requests were received to withhold any monies; but during that time, District staff felt there was sufficient information to indicate that the issue of payment of the step increase of $.44 per hour for journeymen carpenters in July 1994 was specific enough to justify withholding funds from the planned retention release. Mr. Klimczak stated that he understands that the State Labor Commissioner's Office expects to file a Notice to Withhold with the County Recorder's Office. The amount is unknown to District staff at this time. Once the Notice to Withhold is received, staff will act accordingly. Staff believes that the amount of monies due to Humphrey Construction would be sufficient to cover any State determination. Discussion followed with regard to the complaint filed with the State Labor Commissioner in June 1993. Mr. Klimczak stated that the allegation made in 1993 was investigated by the State Labor Commissioner's Office and they rendered a decision that there was insufficient information to pursue the matter. 05 04 95 71 Further discussion followed concerning the payroll and benefit records, and audit of the payroll and benefit payment records by the District or CH2M Hill. Mr. Rick Harrington, of Carpenters Local 152, distributed copies of statements from former workers of Humphrey Construction who could not be present today. Mr. Harrington stated that to his knowledge there was no interview of the workers to determine if they were being paid for the work they were doing. Mr. Harrington stated that there was misclassification of workers that was not being reflected on the payroll records. Workers were not paid for the work they were doing. Supervisors were threatened with their jobs if they did not keep quiet. Adequate health and safety precautions were not taken. The records provided are unclear and do not have enough information to allow a complete audit to be performed. Discussion followed relative to the medical insurance plan provided to workers and review of the payroll records. Mr. Dan Rico, of Carpenters Local 152, stated that there was a push to complete the project and safety was overlooked. Mr. Rico stated that he complained about the unsafe conditions but no action was taken. Mr. Rico stated that initially he was paid at a higher rate but the salary level was dropped. No overtime or holiday time was paid. In response to a question from the Board, Mr. Rico stated that he did not complain when the wages went down. In response to further questions from the Board, Mr. Rico stated that there was an independent safety officer on the project. Mr. Rico stated that he talked to the safety officer and to OSHA representatives at the beginning of the project. At that time there were no problems on the project. Mr. Donn Martin, of Carpenters Local 152, stated that he has been a contractor and is now a union carpenter. The Board of Directors can influence the distribution of money on this project. Mr. Martin stated that he was not paid correctly. He received a check from Humphrey Construction with a letter saying that they had done an internal audit and found that his IRA had been underpaid. In response to questions from the Board, Mr. Rico stated that he and other workers received similar checks. Mr. Martin stated further that there were safety problems on the job although there was a safety officer on the job. Mr. Leonard Baggett, of Labors Local 73, stated that he first worked as a laborer and then on equipment. Mr. Baggett stated that there were safety and health problems on the project so he quit the job. Mr. Dennis Cook, representing Humphrey Construction, stated that he and Ms. Lori Dorn would be happy to answer any questions on wages, benefits, or related items. There seems to be some question that Humphrey Construction is not a union contractor. At the time the contract was awarded, a collective bargaining agreement was negotiated and signed. Workers were members of Local 159 in Martinez. There was no activity from Local 152 to organize the employees or approach Humphrey Construction for a collective bargaining agreement. During the course of the project, there was no union activity. It was only after construction was completed that union activity began. No complaints were made until after the job was completed. There were a couple of times when questions were raised during the course of the work and they were addressed and no action was taken against the employees. Employees continued to work after they made the inquiries. Mr. Cook stated that there are several issues that the Carpenters Union raised today and previously. 1 ) The Carpenters Union alleges that Humphrey Construction did not use the right wage determination published by the Division of Labor Statistics and Research (DLSR). The Carpenters allege that the DLSR determination made in 1994 should apply to this job. The job was awarded in 1 992 and the 1992 determination is the correct one to be used in this case. During the course of construction, Humphrey Construction tried to pay predetermined wage rates and tried to correct any discrepancies at the end of the contract. Those are the checks that some employees indicate they received. 05 04 95 72 2) The Carpenters Union alleges that Humphrey Construction did not pay benefits. Humphrey Construction has a full benefit package. In response to questions from the Board, Mr. Cook stated that plumbers were hired from the union hall but carpenters were not. Employees are expected to be multicraft. When accidents did occur they were handled swiftly by the company. An OSHA inspector came to the project, but no citation was ever issued on this job. Mr. Mel Sakata, of the Central California District Council of Carpenters, stated that with regard to Mr. Klimczak's statement that many agencies such as the District defer to the State Labor Commissioner's Office on these matters, many times agencies such as the District are not aware of their responsibilities. Labor Code Section 1776 requires that the awarding body be cognizant of the prevailing wage responsibility. These complaints are coming from the workers not the Carpenters Union. It is a fact of construction that workers will often not complain in the course of employment because of the fear of retaliation. They usually wait until the project is finished. With respect to the prevailing wage violations, the State Labor Commissioner's Office does intend to issue a Notice to Withhold. The awarding body cannot shirk its responsibilities. This is not a union versus non-union issue. Mr. Dolan, General Manager-Chief Engineer, stated that if the Board feels after deliberation that the course of action that staff is taking is appropriate, no further action is necessary on the part of the Board, and staff will continue to work with the State Labor Commissioner's Office. It was moved by Member Dalton and seconded by Member Rainey, that the issue of possible payroll deficiencies on the Headworks Project be referred to staff for further coordination with the State of California Labor Commissioner's Office for resolution. In response to a question from the Board, Mr. Kenton L. Aim, Counsel for the District, stated that he has been involved with advising staff on this matter. Mr. Aim agreed with the conclusion that staff should actively and in full cognizance get this issue resolved as soon as possible but not duplicate the actions of the State Labor Commissioner's Office. Member Menesini voiced concern that there be fairness on both sides of this question and that the workers get a fair shake. Member Menesini indicated that he wants to be actively involved and informed. All work performed for the District should be fair, safe and honest. Discussion followed concerning the retention being held and the District's responsibility in that regard. in response to a question from the Board, Mr. Fred King, of CH2M Hill, stated that CH2M Hill is supporting District staff on this matter. CH2M Hill reviewed and monitored the payrolls, complied with requests from the Carpenters Union, and will continue to do so. CH2M Hill and the District are not responsible for direct safety. That is the responsibility of the contractor. The District and CH2M Hill have a direct responsibility for their own workers. Mr. King stated that as far as he is aware, all safety complaints were responded to. Mr. Robert A. Baker, Deputy Chief Engineer, stated that on this particular job, the District specifications required that Humphrey Construction hire a safety specialist. The District is dependent on the contractor and the contractor's relationship with OSHA for safety enforcement. There being no further discussion, President Hockett called for a vote on the above motion to refer the issue of possible payroll deficiencies on the Headworks Project to staff for further coordination with the State of California Labor Commissioner's Office for resolution. Motion approved on the following vote: AYES: Members: Dalton, Rainey, Boneysteele, Hockett NOES: Members: None ABSENT: Members: None ABSTAIN: Members: Menesini 05 04 95 73 Mr. Dolan stated that in the normal course of business he would not expect this matter to come back to the Board for a decision, but that the Board will be informed of the resolution of the matter. President Hockett thanked all those present for their input. At this time, President Hockett reverted to the order of the agenda. 7. BIDS AND AWARDS a. AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO McGUIRE AND HESTER AND AUTHORIZE CONSULTING AGREEMENTS WITH MONTGOMERY WATSON AND WOODWARD CLYDE CONSULTANTS FOR THE PLEASANT HILL RELIEF INTERCEPTOR PHASE 3. DP 5031 Mr. Dolan, General Manager-Chief Engineer, recommended that award of construction contract be authorized to the low bidder, McGuire and Hester. Following discussion, it was moved by Member Rainey and seconded by Member Boneysteele, that award of contract for construction of the Pleasant Hill Relief Interceptor Phase 3, DP 5031, in the amount of $5,746,666 be authorized to McGuire and Hester as the lowest responsible bidder; and that the General Manager-Chief Engineer be authorized to execute Professional Service Agreements with Montgomery Watson ($101,000 and $151,500) and Woodward Clyde Consultants ($60,000). There being no objection, the motion was unanimously approved. 8. ADMINISTRATION a. APPROVE EMPLOYEE COMPUTER HARDWARE PURCHASE ASSISTANCE PROGRAM Mr. Dolan, General Manager-Chief Engineer, stated that because of the increasing presence and importance of personal computers in the workplace, the concept of an Employee Computer Hardware Purchase Assistance Program has taken hold in a number of agencies in the Bay Area. The details of the proposed program are set forth in the position paper. The program will be beneficial to the District by increasing employee computer literacy. It was moved by Member Menesini and seconded by Member Boneysteele, that the Employee Computer Purchase Assistance Program be approved as recommended effective July 1, 1995. There being no objection, the motion was unanimously approved. 9. ENGINEERING a. ADVISE THE BOARD OF STAFF ACTIONS RELATED TO ALLEGED PAYROLL DEFICIENCIES ON THE HEADWORKS FACILITIES IMPROVEMENT PROJECT. DP 20069 This item was taken out of order earlier in the agenda. b. REVIEW STAFF PROPOSAL FOR A POLLUTION PREVENTION COMPONENT OF THE SEWER SERVICE CHARGE Mr. Dolan, General Manager-Chief Engineer, stated that at the last Board Meeting, the Board was given a preview of the proposal for a Pollution Prevention component of the Sewer Service Charge. This would shift part of the cost of funding for the Commercial Pollution Prevention Program from residential customers to commercial customers. Mr. Dolan introduced Mr. Timothy Potter, Supervising Source Control Inspector, who stated that additional information has been provided as requested by the Board at the last Board Meeting. Mr. Potter reviewed four options for implementation of a Pollution Prevention component of the Commercial Sewer Service Charge as set forth in Attachment 1 to the position paper and the impact analysis set forth in Attachment 2. 05 04 95 74 Discussion followed with respect to the staff work involved in implementation, the impact on residential and commercial customers, and calculation of the charge for multiple use parcels based on water consumption data received from the water districts. Mr. Dolan stated that all of our customers could be considered to be beneficiaries of the Pollution Prevention Program. As a result of the program, the costs for additional treatment facilities to remove pollutants at the Plant should be avoided. The issue of implementing a Pollution Prevention component of the Commercial Sewer Service Charge is very much a Board policy issue. The way the cost of the Pollution Prevention Program should be allocated depends on which rate setting approach the Board uses: 1) which user group is the focus of the District effort? or 2) who are the beneficiaries? Because these two approaches would result in different rate setting decisions, the Board can rationalize a decision to continue to carry these expenses on the broad customer base or change commercial rates to recover the Pollution Prevention Program expenses from the commercial sector. Also, a partial shift could be justified. If a shift in funding is approved, revenue would be available to offset a possible residential Sewer Service Charge rate increase. Mr. Dolan requested guidance from the Board for use in preparing the O&M Budget and Sewer Service Charge rate recommendation scheduled to be considered by the Board on May 18, 1995. Following discussion, it was moved by Member Menesini and seconded by Member Rainey, that Scenario 4, a two-year, phase-in period of a 40 percent shift in direct cost for the Pollution Prevention Program be used in preparation of the O&M Budget and Sewer Service Charge rate recommendation for consideration by the Board on May 18, 1995. There being no objection, the motion was unanimously approved. 10. CORRESPONDENCE a. NOTE RECEIPT OF LETTER DATED APRIL 13. 1995 FROM MR. STANLEY F. DANN. OF LAFAYETTE. CONCERNING THE DRAINAGE SYSTEM. MID-HILL SEWER PROJECT. MACIAS MINOR SUBDIVISION: REFER TO STAFF FOR ACTION Mr. Dolan, General Manager-Chief Engineer, stated that staff is negotiating with Mr. Dann and hopes to achieve an acceptable resolution of this issue. Following description and discussion of the drainage system and minor subdivision, receipt of the letter dated April 13, 1995 from Mr. Stanley F. Dann, of Lafayette, concerning the drainage system, Mid-Hill Sewer Program, and Macias Minor Subdivision was noted and referred to staff for action. 11. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED MAY 4. 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. It was moved by Member Menesini and seconded by Member Boneysteele, that the Expenditure List dated May 4, 1995, including Running Expense Check Nos. 88889- 89199, Sewer Construction Check Nos. 15574-15635, and Payroll Check Nos. 38279- 38561, be approved as recommended. There being no objection, the motion was unanimously approved. 12. BUDGET AND FINANCE a. THIRD QUARTER CAPITAL IMPROVEMENT BUDGET STATUS REPORT Mr. Dolan, General Manager-Chief Engineer, introduced Mr. John Mercurio, Administrative Analyst, who presented the 1994-1995 Capital Improvement Program Third Quarter Status Report. Mr. Mercurio reported that Capital Improvement Budget (CIB) revenues are projected to be $3.9 million underrealized and CIB expenditures are projected to be $9.4 million underrealized as of June 30, 1995. Mr. Mercurio summarized the major project expenditures noting that total expenditures through the third quarter were $25.7 million. Mr. Mercurio summarized revenue and actual and projected expenditures for the current fiscal year, noting that the Sewer Construction Fund balance as of June 30, 1995 is 05 04 95 75 projected to be $30,328,000. Included in Mr. Mercurio's report was a project status report for the period ending March 31, 1995. President Hockett declared that the Third Quarter Capital Improvement Budget Status Report was duly received. b. REVIEW THE FINANCIAL STATUS AND BUDGET OF THE SELF-INSURANCE FUND AND APPROVE THE ALLOCATION OF $150.000 TO THE FUND FROM THE 1995- 1996 O&M BUDGET Mr. Dolan, General Manager-Chief Engineer, stated that the financial status and budget of the Self-Insurance Fund was presented in general concept at the last Board Meeting. Mr. Dolan introduced Ms. Bonnie Allen, Risk Manager, who provided an overview of the financial history of the Self-Insurance Fund since its creation in July 1986 in response to the unfavorable insurance market. Ms. Allen stated that total reserves are projected to be $5,151,600 at June 30, 1995. This is $848,000 less than the $6 million target set in 1986. Ms. Allen stated that there are two issues that may impact the District's Self- Insurance Fund. . Governmental Accounting Standards Board Statement No.1 0 (GASB 10), which became effective late in 1994, requires that public agencies risk financing be actuarially based and soundly funded. . The improved insurance market has allowed the District to gain competitive price quotations for excess liability coverages. Ms. Allen stated that an actuarial study was done and three major recommendations came out of that work: 1 ) That an excess liability policy in the amount of $10,000,000 excess of $500,000 self-insured retention be purchased at a cost of $174,958 annual premium; 2) That the Self-Insurance Fund be restructured into three sub-funds for the 1995-1996 Fiscal Year: . Establish Sub-Fund A in the amount of $500,000 for GASB 10 actuarially based risks for general liability and automobile liability; . Establish Sub-Fund B in the amount of $2,450,000 for GASB 10 non- actuarially based risks such as employment-related risks and pollution risks; and . Establish Sub-Fund C in the amount of $2,201,599 for non-GASB 10 risks, insurance premiums and costs of initiating claims/lawsuits against others; and 3) That the allocation of $150,000 be approved from the 1995-1996 O&M Budget. Discussion followed with regard to the sources of the initial $1 million and $2 million amounts which contributed to the establishment the Self-Insurance Fund. The adequacy of the current reserves and excess liability insurance coverage were discussed, and Member Rainey expressed opposition to transferring an additional $150,000 from the O&M Budget to the Self-Insurance Fund because it would impact on Sewer Service Charge rates. Potential risks and the benefit to the ratepayers of adequately insuring and funding the Self-Insurance Fund were discussed. Following discussion, it was moved by Member Boneysteele and seconded by Member Menesini, that the purchase of a $10,000,000 Excess Liability-General Liability policy be approved, including automobile and Errors and Omissions for losses above a self-insurance retention of $500,000 at the annual premium of $174,958; and that the Self-Insurance Fund be restructured into three sub-funds as described above for the 1995-1996 Fiscal Year. There being no objection, the motion was unanimously approved. 05 04 95 76 it was moved by Member Boneysteele and seconded by Member Menesini, that $150,000 be allocated to the Self-Insurance Fund from the 1995-1996 O&M Budget. Motion approved with Member Rainey voting no. 13. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 14. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, reported that the District continues to make progress on a permanent drop off facility for Household Hazardous Waste for Central County. Between now and the time the drop off facility begins operations there will be a need to continue with the mobile collection function. After the drop off facility is in place, it is hoped that the mobile collection function will drop off entirely but currently there is something of a constituency for it. Staff has a plan to accommodate it in the future to the extent necessary. Mr. Dolan introduced Ms. Elaine Jacobs, Assistant Engineer, who provided an update on the proposed permanent Household Hazardous Waste (HHW) drop off facility. Staff expects to receive formal endorsements from the Central County Cities and has met with County representatives to advise them of our plans and to coordinate with the County Mobile Collection Program. Staff also met with Pittsburg staff, Delta Diablo Sanitation District, and Mt. View Sanitary District staff because they have indicated an interest in participating at some level in the District's proposed program. All have expressed a strong indication of support for the proposed program. Staff will return to the Board next month when formal responses have been received. With regard to the County Mobile Collection Program, Ms. Jacobs stated that the County Department of Health Services is asking all jurisdictions to continue funding the County program through the next fiscal year by contract. A model contract is being circulated for all franchisers consideration. The County Mobile Collection Program is currently operating with a surplus in revenues. County Household Hazardous Waste Manager Robin Bedell-Waite estimates that the surplus will be about $700,00 by June 1995. With that in mind, the program can continue into the next fiscal year with no further funding from franchising agencies. That is still being worked out with the County. After the surplus is expended, franchising agencies can consider resuming the $2.12 per ton fee for the program or consider other options. Ms. Jacobs reported that the Cities of Pittsburg and Concord issued a Request for Proposals (RFP) for household hazardous waste mobile collection services. A proposal for $65 per car was received and is being offered to other cities as well. It is hoped that the District could participate in the County Mobile Collection Program until the surplus is expended. Perhaps at that time the County could issue an RFP to get more competitive proposals. At 6:28 p.m., Member Dalton left the meeting. Discussion followed with regard to the County Mobile Collection Program, surplus funds, and local drop off facilities and/or mobile collection to supplement the permanent drop off facility. President Hockett thanked Ms. Jacobs for the update. 2) Mr. Dolan, General Manager-Chief Engineer, stated that Central Contra Costa Solid Waste Authority's (CCCSWA) consultant Hilton Farnkopf & Hobson (HFH) produced a summary report and comparison of the proposals 05 04 95 77 submitted in response to CCCSWA's Request for Proposals for Solid Waste Collection and Disposal Services. Browning Ferris Industries (BFI) proposed the lowest cost for garbage collection service and Valley Waste Management (VWM) proposed the lowest cost for green waste and recycling services. An overview was provided by HFH at the April 27, 1995 CCCSWA meeting. At 8:30 a.m. on May 15, 1995 a workshop session will be held at the Walnut Creek City Council Chambers. Some issues include: . Proposer's assumption relative to workers' productivity; . The number and types of materials that can be recycled beyond the minimum specified; . Capacity of the proposer to handle customer complaints; and . The basis for assumptions on the volume of waste generated and amounts diverted from the landfill. Discussion followed concerning past experience with both BFI and VWM, and the need for assurances on potential future performance. Member Menesini suggested that a discussion of the proposals be calendared to allow for Board input to the District representatives on CCCSWA. 3) Mr. Dolan introduced Mr. Russ Leavitt, Planning Assistant, who reported on the April 24, 1995 public hearing conducted by the Contra Costa County Community Development Department on the Draft Environmental Impact Report (EIR) for Tosco's proposed closure of a portion of Solano Way. Mr. Leavitt reported that the EIR considers a number of options for mitigating the loss of Solano Way and other roads that will be closing in the future and considers the environmental impacts of the various alternatives, one of which is extension of Waterbird Way. Mr. Dolan stated that with the Board's concurrence, staff will not object to the closure of Solano Way but will oppose extension of Waterbird Way; and in addition, will recommend that the Waterbird Way extension be removed from the County General Plan. The Board agreed. 4) Mr. Dolan, General Manager-Chief Engineer, stated that for the past year or two the Central California Water Recycling Project has been studied. This project would send Bay Area secondary effluent to the San Joaquin Valley in return for agricultural drainage which could be discharged to the ocean via the San Francisco Southwest Outfall. The project faces several major hurdles: political, economic, environmental, and water rights, to name a few. The District has been asked to contribute $27,000 to the $2.3 million study, half of which will be funded by the U.S. Bureau of Reclamation and half by agencies like the District. Mr. Dolan stated that while we have contributed to this project in the past, he has been reluctant to recommend that the District contribute more money at this time since it appears unlikely that the feasibility of Central San participating in this project would be far lower than the feasibility of the other recycling options the District is now pursuing. Therefore, the budget does not include the requested contribution. Mr. Dolan reported that a related project is proceeding. A Federal Court Judge has ordered the Bureau of Reclamation to complete the San Luis Drain. As a result, it is expected that significant opposition to the proposed discharge near Antioch will surface. This could increase the attractiveness of the large scale recycling project. 5) Discussion of the High School Education Program was deferred until May 18, 1995 because of the lateness of the hour. 6) Mr. Dolan, General Manager-Chief Engineer, reported that the District participated in the Earth Day celebration on April 23, 1995. Mr. Dolan commended Central San volunteers Source Control Inspector I Bev Baclig, 05 04 95 78 7) 8) 9) 10) 11 ) b. District Temporary Clerical Kate Borman, Construction Equipment Operator Rich Boylan, Source Control Program Superintendent Bart Brandenburg, Administrative Secretary Jan Frost, Public Information and Graphics Coordinator Ken Grubbs, Source Control Coordinator II Earlene Millier, Maintenance Crew Member II Devin Nichols, Personnel Assistant Judy Rivers, Training and Resource Technician Jane Parker, and Public Information and Production Assistant Tim Tullis. The event was very successful. Mr. Dolan announced that the District is advertising for the Bancroft Road Sewer Replacement Project. The engineer's estimate for the work is $475,000. Mr. Dolan announced that the City of Orinda has requested an easement for a trail along District property. The trail has been somewhat controversial but appears to be nearing approval. Staff is working with the City on granting the easement on this request and will keep the Board informed. Mr. Dolan announced that the Contra Costa Times news story on the Zone 1 Recycled Water Business Plan provoked further media attention and Mr. Paul Morsen, Deputy General Manager, did a KCBS radio interview. Mr. Dolan announced that the District's participation in Take Your Daughter and Son to Work Day was a great success and much positive feedback was received. Mr. Dolan announced that the District's senior managers will be participating in a management team building two-day event in June 1995. Team building issues, interdepartmental issues, and communications will be among the topics discussed. The event will be held at the Mansion at Lakewood in Walnut Creek. COUNSEL FOR THE DISTRICT None c. SECRETARY OF THE DISTRICT None d. BOARD MEMBERS None 1 5. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Menesini suggested that a report of the State Task Force meetings be calendared on the May 18, 1995 Board Agenda. 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. At 7:30 p.m., President Hockett declared the closed session to discuss litigation pursuant to Government Code Section 54956.9(c). At 7:56 p.m., President Hockett concluded the closed session and reconvened the meeting into open session. 05 04 95 79 17. REPORT OF DISCUSSION IN CLOSED SESSION Mr. Kenton L. Aim, Counsel for the District, stated that no action was taken in closed session which requires a report at this time. 18. ADJOURNMENT There being no further business to come before the Board, President Hockett adjourned the meeting at the hour of 7:57 p.m. Because of the lateness of the hour, there was no tour of the Cogeneration Project. ðb/t~ President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: S c et ry of the Central ontra C ta Sanitary District, ounty of Contra Costa, State of California 05 04 95