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HomeMy WebLinkAboutBOARD MINUTES 05-18-95 80 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MAY 18, 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 18, 1995. President Hockett called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Dalton, Rainey, Boneysteele, Hockett ABSENT: Members: Menesini Member Menesini had previously advised staffthat he would be at an Advisory Task Force Meeting in Sacramento and would be late. Member Menesini had requested that the meeting begin without him. Member Menesini entered the meeting at the hour of 3:47 p.m. 2. PUBLIC COMMENTS None 3. CONSENT CALENDAR It was moved by Member Boneysteele and seconded by Member Dalton, that the Consent Calendar, consisting of Items a. through f., be approved as recommended, iesolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 95-032 accepting work and Offers of Dedication from Smith Land & Development Co., Job 4976, Parcel 1, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Boneysteele, Dalton, Rainey, Hockett NOES: Members: None ABSENT: Members: Menesini b. Resolution No. 95-033 accepting work and Offers of Dedication from Highland Builders, Inc., Job 4952, Parcel 2, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Boneysteele, Dalton, Rainey, Hockett NOES: Members: None ABSENT: Members: Menesini c. The Grant of Easement Deed from the Contra Costa County Community College District for the Pleasant Hill Relief Interceptor, DP 4985, was accepted, staff was authorized to record said Deed with the Contra Costa County Recorder, authorization was given for execution of the Property Rights Purchase Agreement, and Resolution Nos. 95-034 and 95-035 were adopted to that effect. 05 18 95 81 Motion approved on the following vote: AYES: Members: Boneysteele, Dalton, Rainey, Hockett NOES: Members: None ABSENT: Members: Menesini d. The contract work for the construction of the Crestview, Via Floreado, Kenney Drive Sewer Replacement Project in Orinda and Walnut Creek, DP 4923/4991, was accepted and the filling of the Notice of Completion was authorized. Motion approved on the following vote: AYES: Members: Boneysteele, Dalton, Rainey, Hockett NOES: Members: None ABSENT: Members: Menesini e. Authorization was given for P.A. 95-7 (Orinda) to be included in a future formal annexation to the District. Motion approved on the following vote: AYES: Members: Boneysteele, Dalton, Rainey, Hockett NOES: Members: None ABSENT: Members: Menesini f. The attendance of Ralph Bates, Information System Specialist, was authorized at a Network Administration Training Seminar in San Jose, California, at a cost of $1,100. Motion approved on the following vote: AYES: Members: Boneysteele, Dalton, Rainey, Hockett NOES: Members: None ABSENT: Members: Menesini 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 5. BIDS AND AWARDS a. AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO RANGER PIPELINES. INC.lD'ARCY AND HARTY. A JOINT VENTURE. FOR THE 1994-1995 SEWER REPLACEMENT PROJECT. DP 5034 Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that the bids received for the 1994-1995 Sewer Replacement Project were quite favorable. Staff would recommend award of the construction contract to Ranger Pipelines, Inc.lD'Arcy and Harty, A Joint Venture, in the amount of $863,200. It was moved by Member Boneysteele and seconded by Member Dalton, that award of contract be authorized to the lowest responsible bidder, Ranger Pipelines, Inc.lD' Arcy and Harty Construction, Inc., A Joint Venture, in the amount of $863,200 for the construction of the 1994-1995 Sewer Replacement Project, DP 5034. There being no objection, the motion was approved with Member Menesini being absent. 05 18 95 ~ ~_._h___--~.~_..'----_.. --- - -------------_._-______h~ --~ 82 a. 6. ENGINEERING AUTHORIZE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE A THREE- MONTH EXTENSION TO A WASTEWATER DISCHARGE PERMIT CONTRACT WITH ACME FILL CORPORATION Mr. Dolan, General Manager-Chief Engineer, stated that recently in closed session, staff reviewed the issues dealing with the treatment plant. At this time, it is in the best interest of the public the District serves to work with Acme Fill Corporation to try to get its leachate treatment process working and give it an opportunity to establish stability. It is recommended that a three-month extension to the discharge permit contract with Acme be granted, with the understanding that at the end of the three-month period if significant improvement in process reliability has not been achieved, staff will return to the Board and recommend termination of service. In response to a question from Member Boneysteele concerning the Notice of Violation issued by the District to Acme, Mr. Kenton L. Aim, Counsel for the District, explained the administrative penalty remedy process available under California law. The District's pretreatment ordinance was modified some time ago to include this provision. That provision was also included in the contract with Acme and in other contracts of similar nature. Following discussion, it was moved by Member Rainey and seconded by Member Dalton, that the General Manager-Chief Engineer be authorized to execute a three-month extension of the current discharge permit contract, including modifications, with Acme Fill Corporation. There being no objection, the motion was approved with Member Menesini being absent. 7. PERSONNEL a. DENY APPEAL OF DISCIPLINARY ACTION BY THE UNION ON BEHALF OF DAVID ROLLEY. ACCOUNTING TECHNICIAN JILIN ACCORDANCE WITH ARBITRATOR'S RECOMMENDA TION It was moved by Member Dalton and seconded by Member Boneysteele, that the appeal of the Central Contra Costa Sanitary District Employees' Association, Public Employees' Union, Local No. One, on behalf of Accounting Technician III David Rolley be denied and dismissed in accordance with the Arbitrator's recommendation, as the final action of the District. There being no objection, the motion was approved with Member Menesini being absent. 8. CORRESPONDENCE a. NOTE RECEIPT OF LETTER DATED APRIL 28. 1995 FROM THE PRESIDENT OF THE BOARD OF THE CONTRA COSTA WATER DISTRICT AND LETTER DATED MAY'. '995 FROM THE CHAIR OF THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS REGARDING OPPOSITION TO COMPLETION OF THE SAN LUIS DRAIN Mr. Dolan, General Manager-Chief Engineer, stated that a Federal District Court in Fresno has ruled that the Secretary of the Interior must seek a permit for the San Luis Drain. The Drain is designed to solve the agricultural wastewater problems plaguing a portion of the San Joaquin Valley. The discharge point commonly discussed is the Bay-Delta estuary near Pittsburg. Contra Costa Water District and Contra Costa County have gone on record opposing this option and have requested that the District do so as well. The District wishes to cooperate with our fellow agencies whenever we have an alignment of interests. In addition, the District also has a direct interest in this case. The District has a vested interest in keeping the Bay as clean as possible. The more contaminants introduced into the Bay, the more stringent the requirements that could be placed on the District. If the Board so directs, staff will draft a resolution opposing completion of the San Luis Drain and send copies to the appropriate agencies. Following discussion, it was moved by Member Boneysteele and seconded by Member Rainey that Resolution No. 95-036 be adopted, concurring with and supporting Contra 05 18 95 83 Costa Water District and Contra Costa County in their opposition to completion of the San Luis Drain. Motion approved on the following vote: AYES: Members: Boneysteele, Rainey, Dalton, Hockett NOES: Members: None ABSENT: Members: Menesini b. NOTE RECEIPT OF LETTER DATED MAY 1. 1995 FROM JAMES E. GINGRICH, OF LAFAYETTE. COMMENDING CCCSD ON ITS INTENTION TO ESTABLISH A PERMANENT CENTER TO ACCEPT HOUSEHOLD HAZARDOUS WASTE: CONSIDER DRAFT RESPONSE Following discussion, receipt was noted of the letter dated May 1, 1995 from James E. Gingrich, of Lafayette, commending the District on its intention to establish a permanent center to accept household hazardous waste and the draft response was approved. 9. APPROVAL OF MINUTES , MINUTES OF APRIL 20. 1995 a. It was moved by Member Rainey and seconded by Member Dalton, that the minutes of April 20, 1995, be approved as presented. There being no objection, the motion was approved with Member Menesini being absent. 10. APPROVAL OF EXPENDITURES EXPENDITURE LIST DATED MAY 18. 1995 a. Member Boneysteele, Member of the Budget and Finance Committee, stated that in the absence of Member Menesini, he reviewed the expenditures and found them to be satisfactory. It was moved by Member Boneysteele and seconded by Member Rainey, that the Expenditure List dated May 18, 1995, including Self-Insurance Check Nos. 100957- 100960, Running Expense Check Nos. 89200-89495, and Sewer Construction Check Nos. 15636-15687, be approved as recommended. There being no objection, the motion was approved with Member Menesini being absent. 11. BUDGET AND FINANCE a. RECEIVE THE 1995-1996 OPERATIONS AND MAINTENANCE BUDGET Mr. Dolan, General Manager-Chief Engineer, introduced Ms. Deborah Ratcliff, Controller, who summarized the 1994-1995 projected actual revenues, expenses, and reserves compared to budget, noting that revenues are projected to be $35,000 or 0.1 percent greater than budget of $27,917,000 and expenditures are projected to be $1,152,000 or 4.2 percent less than budget of $27,718,000. This savings is the result of the diligent efforts of staff to reduce costs wherever possible, but particularly savings resulting from the efforts of the Dewatering Process Work Redesign Team to reduce lime usage and research by the District's laboratory staff which has lowered the use of chlorine and sulphur dioxide in the dechlorination process. At June 30, 1995, reserves are anticipated to be $5.9 million, $2.1 million higher than budget. Ms. Ratcliff highlighted the budgeted revenues, expenditures, and reserves as detailed in the 1995-1996 O&M Budget previously distributed to the Board. Ms. Ratcliff stated that the draft O&M Budget for fiscal year 1995-1996 is calculated using a Sewer Service Charge allocation of $156 rather than $160. This $4 reduction reflects the compound effect of a $3 transfer for debt service on the Cogeneration Project, and a $1 reduction in residential rates to account for the transfer of expense from the residential Sewer Service Charge to commercial to cover a portion of the costs of the Commercial Pollution Prevention Program. 05 18 95 -------- ---- -.---------------------.---------.-------- -.-- ---------------- 84 Ms. Ratcliff summarized the major revenue and expense categories, noting that last night staff learned from the County Retirement Board that the rates will increase again over and above the rates previously Quoted by the County Retirement Board. The 1995-1996 O&M Budget has not yet been changed to reflect this increase. Ms. Ratcliff stated that there have been substantial expense cuts this year in the area of chemicals as noted above, utilities resulting from implementation of the Cogeneration Project, and the attrition of eight positions. Unfortunately, these savings were offset by the increase in retirement costs. Ms. Ratcliff reviewed the retirement costs, and provided a comparison of budgeted O&M expenses for fiscal year 1994-1995 to 1995-1996. It was noted that a $57,000, or 0.2 percent, decrease in expenditures is proposed for the 1995-1996 fiscal year. Deputy General Manager Paul Morsen reviewed the Administrative Department Budget. Member Menesini entered the meeting at the hour of 3:47 p.m. Deputy Chief Engineer Robert A. Baker, Collection System Operations Department Manager John A. Larson, and Plant Operations Department Manager Charles W. Batts reviewed their respective departmental budgets reflecting salary and benefit increases, and program increases and savings. Discussion followed with regard to the Cogeneration Project and the need for training to support the in-house design effort. Ms. Ratcliff presented a comparison of annual Sewer Service Charge rates with nearby agencies, and reviewed alternative Sewer Service Charge rates for the 1 995-1996 fiscal year and the impact of those rates on the prudent reserve level. Mr. Dolan, General Manager-Chief Engineer, requested guidance from the Board relative to the Sewer Service Charge rate setting. Discussion followed with regard to the District's proposed Household Hazardous Waste Program for a Permanent Dropoff Facility and the County's Household Hazardous Waste Mobile Collection Program, the commercial component of the Pollution Prevention Program, and the prudent reserve level. There being no further questions or comments, President Hockett declared that the 1995- 1996 O&M Budget was duly received and would be calendared for further consideration and setting of the Sewer Service Charge rate at the June 1, 1995 public hearing. b. RECEIVE APRIL 1995 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance expenditures for the month of April 1995, noting that expenditures were $261,000 less than budget, representing an 11.6 percent favorable variance. For the ten months ended April 1995, expenditures were $1,684,000 less than budget, representing a 7.3 percent favorable variance. Operations and maintenance revenues for the ten months ended April 1995 were $25,136,000 or 3.4 percent below budget. Ms. Ratcliff reported that the District's temporary investments were held in Treasury bills and Treasury notes, and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 3.8 percent to 6.8 percent. The latest interest rate as of April 1995 was 6.03 percent. The average yield of the LAIF account was 5.9 percent. President Hockett thanked Ms. Ratcliff for her report and declared that the April 1995 Financial Statements were duly received. 1~~Y'ts a. 12. EMERGENCY SITUATIONS REQUIRING BOARD ACTION () OM..... GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that the District has a multi-component public education program including the cooperative program with Lindsay Museum for grade school students, and the intermediate school program conducted by District personnel on District premises. Member Menesini and District staff have met with principals of the Mt. Diablo School District to discuss a high school program focused on getting the District's Pollution Prevention message out. The principals were 05 18 95 85 very receptive, and a presentation was made to 10th grade Biology teachers. In the meeting with the teachers, the idea of interactive role playing was proposed. Such a program could discuss such issues as: . How the water and wastewater systems in our communities work; . What happens to material put down the drain; . What is treated; . What goes into the Bay; and . What is the impact on the Bay. Beyond this core subject material the program could be expanded to cover an interactive element. In this element role playing assignments would be made for scientists, regulators, utility employees, engineers, lawyers, and public officials. Outline scripts could be drafted and information source references could be provided. A public board could make decisions concerning pollution prevention or bay water quality. Several teachers have volunteered to work on the program. Mr. Dolan stated staff believes that this should be a paid position for the teachers, with some of the work possibly being done by consultants. It is proposed that the program be developed this summer. A pilot program will be conducted in 1995-1996, and revised as necessary in the summer of 1996, with full scale implementation in 1996-1997. Mr. Dolan stated that the District's draft 1995-1996 O&M Budget does not include sufficient funds to prepare the interactive element. If the Board wishes, it could be added to the Budget. Following discussion, the Board endorsed the proposed high school education program and authorized staff to increase the budget by $10,000. President Hockett thanked Member Menesini for his input and sponsorship of the proposed program. 2) Mr. Dolan, General Manager-Chief Engineer, stated that when the Board approved the Pleasant Hill Relief Interceptor Project Environmental Impact Report (EIR), a report of the Mitigation Monitoring Reporting Program (MMRP) was requested. Mr. Dolan introduced Ms. Jackie Zayac, Planning Assistant, who has been the District's lead person managing this element of the work throughout the project. Ms. Zayac briefly highlighted the major mitigation measures as follows: . Land use impacts; . Traffic impacts; . Public services/utilities; . Public health and safety; . Geology impacts; . Drainage and water quality impacts; . Vegetation and wildlife impacts; . Air quality impacts; and . Archaeological resources. Ms. Zayac stated that some of the major issues that came up during construction of the Pleasant Hill Relief Interceptor Project centered around notification of work each time the contractor went into an area, the 75-foot 05 18 95 86 05 wide area for work in the creek channel, dust control, and archeological restrictions. Ms. Zayac stated that all of the requirements of the MMRP were included in the construction specifications, and all components of the MMRP have been compiled in a written report which is available for review. Member Menesini suggested that a report be made to the Pleasant Hill City Council communicating the successful completion of the project and thanking them for their cooperation. Following discussion, it was agreed that the report be delayed until the completion of Phase 3. 3) Mr. Dolan, General Manager-Chief Engineer, introduced Deputy General Manager Paul Morsen who reported that he was informed by the Teamsters Union last week that Orinda Moraga Dispose-All was subcontracting its commercial drop box and bin service to Bull Dog, Inc. Mr. Morsen stated that this is not in conformance with the franchise agreement between the District and Orinda Moraga Dispose-All. A letter has been sent to Orinda Moraga Dispose-All in that regard and copies have been provided to the Board. Mr. Morsen reported further that Orinda Moraga Dispose-All has not paid its franchise fee nor the legal impound funds, totaling of $83,500 as of April 1995. Of that total, $61,617 is past due franchise fees and $21,920 is late payments to the legal impound account. Orinda Moraga Dispose-All has requested reimbursement of $19,000 from the legal impound account. The District has sent a letter saying that amount will not be paid out but will be applied against what is owed. On a related issue, Mr. Dolan stated that the City of Orinda has a new City Manager and Council which is questioning whether to assume franchising authority and break with the Central Contra Costa Solid Waste Authority (CCCSWA) Request for Proposals (RFP) process and maintain the current franchise with Mr. Doug Lomow and Orinda Moraga Dispose-All. Mr. Morsen will attend the Orinda City Council meeting on June 6, 1995 when this issue will be discussed. Discussion followed with respect to securing the necessary assurances that any company with whom the District franchises is capable of performing, has adequate capital, and will work cooperatively with the franchiser. Mr. Morsen stated that staff will put together criteria by which new companies will be measured. 4) Mr. Dolan, General Manager-Chief Engineer, announced that the District will participate in the Lindsay Museum Water Festival on Saturday, May 20, 1995. As the Board's directed, the District's sponsorship of the event was made in memory of deceased Board Member John B. Clausen in recognition of his strong commitment to the local residents and his active interest in recycled water and the protection of the environment. The District's Pollution Prevention booth will display a photograph of Board Member Clausen and a commemorative plaque. Mrs. Nadine Clausen and her family will attend. 5) Mr. Dolan, General Manager-Chief Engineer, announced that the Delta Commission Proposed Land Use Guidelines have been produced. The Delta Commission was made up of five counties. Contra Costa County was a participant. The proposed Delta land use constraints include limitations on biosolids and recycled water. Deputy Chief Engineer Robert A. Baker has written a letter to the Board of Supervisors making technical suggestions which would encourage reuse rather than prohibiting it. 6) Mr. Dolan, General Manager-Chief Engineer, announced that the District is working with the Estuary Program Public Education Program. The Plant Operations Department laboratory will be making testing materials available for use in creek water testing. The estimated cost is approximately $300. Member Menesini is Chair of the Education Committee for that group, providing another good link between the District and the community. Member Menesini commended Plant Operations Department Manager 18 95 b. c. 87 Charles W. Batts and Laboratory Superintendent Bhupinder Dhaliwal for their contributions. 7) Mr. Dolan announced that Plant Operations Department Manager Charles W. Batts will attend an Electric Power Research Institute (EPRI) meeting in Colorado next month. EPRI is working on the energy efficiency of treatment plants. 8) Mr. Dolan announced that the litigation relative to development in the Dougherty Valley seems to be over and long-term development plans are being considered. Possible service to that area by Central Contra Costa Sanitary District (CCCSD) is part of that planning; and in fact, is part of some of the settlement agreements. Dublin San Ramon Services District (DSRSD) also has some interest in providing service to that area. The question of whom should be the service provider therefore becomes a Local Agency Formation Commission (LAFCO) issue. LAFCO staff believes that a change in the CCCSD sphere of influence (SOl) to encompass planned for development is appropriate. This would be followed by a boundary reorganization or annexation. In response to a question from Member Menesini with regard to gravity flow from that area and DSRSD's interest in providing service, Mr. Dolan stated that DSRSD is interested in providing service but does not have sufficient capacity. DSRSD is working to solve its capacity issues. Service by DSRSD would be more costly than service by CCCSD. CCCSD staff is working with the developers and LAFCO, and there will be a change in SOl absent other direction from the Board. COUNSEL FOR THE DISTRICT None SECRETARY OF THE DISTRICT None Member Dalton requested that he be excused and left the meeting at the hour of 5:56 p.m. d. BOARD MEMBERS 1 ) Member Rainey reported that there has been newspaper coverage of the Central Contra Costa Solid Waste Authority (CCCSWA) Request for Proposals (RFP) process. A workshop was held on Monday, May 15, 1995, from 8:30 a.m. to 2:00 p.m. at the Walnut Creek City Council Chambers. Presentations were made by the proposers, followed by questions from the Board Members, other proposers, and interested members of the public. There are still questions to be answered and a great deal of work to be done before the June 8, 1995 CCCSWA meeting. As more information is available, this matter will be brought to the District Board for consideration. 2) Member Menesini distributed a handout and reported on the efforts of the eight Advisory Task Forces created by the State Water Resources Control Board (SWRCB) to deal with specific issues relevant to the adoption of the Inland Surface Waters Plan and the Enclosed Bays and Estuaries Plan. The new plans will replace the plans that were rejected by the court. Member Menesini stated that Task Forces' representation includes stakeholders from publicly owned treatment works, stormwater, industry, agriculture, water supply, environmental, public health, US Environmental Protection Agency, Fish and Wildlife, Regional Water Boards, and the State Water Board. Member Menesini thanked Deputy Chief Engineer Robert A. Baker, Plant Operations Department Manager Charles W. Batts, and Laboratory Superintendent Bhupinder Dhaliwal for their able assistance in this effort. Member Menesini stated that the Environmental Alliance will have a booth at the Lindsay Museum Water Festival, where this information will be provided to the public. On behalf of District Board and staff, President 05 18 95 88 Hockett and Mr. Dolan thanked Member Menesini for his active participation in this process. 14. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Rainey suggested that discussion of the proposals received in response to the Central Contra Costa Solid Waste Authority Request for Proposals be placed on the June 1, 1995 agenda for comments and guidance from the full Board. 1 5. CLOSED SESSION a. LABOR NEGOTIATIONS With respect to labor negotiations, the closed session was held pursuant to Government Code Section 54957.6, to meet with designated representatives prior to and during consultations and discussions with the representatives of employee organizations regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of employees in order to review its position and instruct its designated representatives. The District's negotiator was Deputy General Manager Paul Morsen. The pertinent employee organizations were the Central Contra Costa Sanitary District Employees' Association, Public Employees' Union, Local No.1, and the Management Support/Confidential Group. b. EXISTING LITIGATION Closed session was held to discuss existing litigation pursuant to Subdivision (a) of Section 54956.9 of the Government Code. The title of the litigation discussed was Humphrey Construction, Inc. versus CCCSD, et ai, Contra Costa County Superior Court No. C95-01789. At 6: 18 p.m., President Hockett declared the closed session to discuss labor negotiations pursuant to Government Code Section 54957.6 and existing litigation pursuant to Government Code Section 54956.9(a). At 6:50 p.m., President Hockett concluded the closed session and reconvened the meeting into open session. 16. REPORT OF DISCUSSIONS IN CLOSED SESSION Mr. Kenton L. Aim, Counsel for the District, stated that no votes were taken and nothing is required to be reported at this time. 17. ADJOURNMENT There being no further action to come before the Board, President Hockett adjourned the meeting at the hour of 6:51 p.m. ð ),dt~ President of the Board of Directors, Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: 05 18 95