Loading...
HomeMy WebLinkAboutBOARD MINUTES 06-15-95 99 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JUNE 15, 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 June 15, 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. CONSENT CALENDAR It was moved by Member Rainey and seconded by Member Menesini, that the Consent Calendar, consisting of Items a. through c., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 95-038, accepting work and Offers of Dedication from Danville Lasata Associates, a California Limited Partnership, Job 4967, Parcel T, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Menesini, Dalton, Boneysteele, Hockett None None b. The grant of easement was accepted from Wells Fargo Bank, National Association, for the Pleasant Hill Relief Interceptor Project, DP 4985, staff was authorized to record said Deed with the Contra Costa County Recorder, and Resolution No. 95-039 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Rainey, Menesini, Dalton, Boneysteele, Hockett NOES: Members: None ABSENT: Members: None c. Resolution No. 95-040 was adopted, confirming that publication has been made of District Ordinance No. 194, which adopted the Schedule of Operation and Maintenance Rates and Charges and amended District Code Section 6.30. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Menesini, Dalton, Boneysteele, Hockett None None 06 15 95 100 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 5. BIDS AND AWARDS a. AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT FOR THE BANCROFT ROAD SEWER RENOVATION PROJECT. DP 5048: ALLOCATE $408.000 FROM THE COLLECTION SYSTEM PROGRAM CONTINGENCY ACCOUNT Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that trenchless technology will be used on this project. Mr. Dolan introduced Mr. Kent Von Aspern, Senior Engineering Assistant, who described the process and showed the materials that will be used for the cured-in-place pipe lining of the existing reinforced concrete pipe in Bancroft Road. Following discussion, it was moved by Member Boneysteele and seconded by Member Rainey, that award of a construction contract in the amount of $349,902 for construction of the Bancroft Road Sewer Renovation Project, DP 5048, be authorized to Gelco Services, Inc., the lowest responsible bidder; and that the General Manager-Chief Engineer be authorized to allocate $408,000 from the Collection System Program Contingency Account to the Bancroft Road Sewer Renovation Project, DP 5048. There being no objection, the motion was unanimously approved. 6. ENGINEERING a. ADVISE THE BOARD OF THE CLOSE OUT OF 30 CAPITAL IMPROVEMENT PROJECTS Mr. Dolan, General Manager-Chief Engineer, stated that while the Board has taken several actions on these projects as they have gone through the process from design through construction, there is one project that is different. That is the Publicly Owned Transfer Station Project. That project was cancelled before completion of design and the cost has been written off against past operating budgets. That is the reason for the zero expenditures remaining in the capital account. In response to a question from Member Rainey, Mr. Jarred Miyamoto-Mills, Principal Engineer, stated that the net underrun does not impact on the Operations and Maintenance Budget and thus would not have an immediate effect on the Sewer Service Charge. The net underrun will be available to fund projects for the coming year in the Capital Improvement Budget and Sewer Construction Fund. Discussion followed with regard to the MUX Replacement Study, issues relating to the abandonment of the Publicly Owned Transfer Station Project, and the Active Harmonics Conditioner Test. This item was presented to the Board of Directors for information only. No action was taken. 7. CORRESPONDENCE a. RECEIVE LETTER DATED MAY 24.1995 FROM MR. DOUG LOMOW. PRESIDENT OF ORINDA MORAGA DISPOSE-ALL. REQUESTING MID-YEAR RATE ADJUSTMENT AND CONDITIONAL ACCEPTANCE OF EXTENSION Mr. Dolan, General Manager-Chief Engineer, stated that because of the issue of possible bankruptcy and the real potential of liabilities and lawsuits raised by Mr. Lomow's letter, it would be appropriate to discuss this matter in closed session. 06 15 95 101 8. APPROVAL OF MINUTES a. MINUTES OF MAY 18. 1995 It was moved by Member Boneysteele and seconded by Member Dalton, that the minutes of May 18, 1995, be approved as presented. There being no objection, the motion was unanimously approved. 9. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED JUNE 15. 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 June 15, 1995, including Self-Insurance Check Nos. 100969- 100976, Running Expense Check Nos. 89826-90117, Sewer Construction Check Nos. 15758-15799, and Payroll Check Nos. 38606-38881, be approved as recommended. There being no objection, the motion was unanimously approved. 10. BUDGET AND FINANCE a. APPROVE A BOARD RESOLUTION TO ADOPT THE 1995-1996 PERSONNEL. EQUIPMENT. CAPITAL IMPROVEMENT. OPERATIONS AND MAINTENANCE. AND SELF-INSURANCE FUND BUDGETS AS COMPRISING THE 1995-1996 DISTRICT BUDGET Mr. Dolan, General Manager-Chief Engineer, stated that he has expressed his appreciation to the staff involved in the budget process. There is a tremendous amount of information here and staff did a wonderful job not only in the budget documentation, but especially in the many actions taken to control costs. The end results were very gratifying. It was moved by Member Rainey and seconded by Member Dalton, that Resolution No. 95-041 be adopted, adopting the 1995-1996 Personnel, Equipment, Capital Improvement, Operations and Maintenance, and Self-Insurance Fund Budgets as comprising the 1995- 1996 Central Contra Costa Sanitary District Budget. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Dalton, Menesini, Boneysteele, Hockett None None b. RECEIVE MAY 1995 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance expenditures for the month of May 1995, noting that expenditures were $22,000 less than budget, representing a 1 percent favorable variance. Year-to-date expenditures were $1.7 million less than budget, representing a 6.7 percent favorable variance. Operations and maintenance revenues at May 1995 were $867,000 below budget, representing a 3.3 percent unfavorable variance. 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 4.16 percent to 6.8 percent. The latest interest rate as of May 1995 was 5.98 percent. The average yield of the LAIF account through April 1995 was 5.96 percent. President Hockett declared that the May 1995 Financial Statements were duly received. 06 15 95 102 06 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None a. 12. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that staff has been making progress on the planning for the District's household hazardous waste permanent drop off facility. A presentation is planned for the June 13, 1995 Central Contra Costa Solid Waste Authority (CCCSWA) meeting. Staff would like to receive direction and approval from the District Board on this project prior to that presentation. Mr. Dolan stated that the issues have been broken into two categories: 1) institutional, and 2) facility planning. Today staff would like to discuss the institutional issues and address the facility planning issues at the July 6, 1995 Board Meeting. Mr. Dolan stated that the District has engaged a California Environmental Quality Act (CEQA) consultant, Urban Alternatives, to work with staff on preliminary planning for siting, permitting, and public information issues. In this effort, several factors were identified. . The District's water pollution prevention mandate for operating the household hazardous waste facility is less specific than the solid waste mandate. The Clean Water Act and National Pollutant Discharge Elimination System (NPDES) permit call for having the District implement a series of pollution prevention strategies if the District exceeds certain discharge criteria. The two areas of concern are copper and organophosphate pesticides. At the present time, the District has concerns but not a mandate to provide a household hazardous waste facility for water quality reasons. . With regard to solid waste, AB 939 requires cities and counties to ensure there is an alternative for safe disposal of household hazardous waste. The District has negotiated Memoranda of Understanding (MOUs) with the four cities for which we franchise and under those MOUs, the District has taken on the responsibility and liability of complying with AB 939 for the four cities. At one time in discussions with the consultant, consideration was given to asking the Central Contra Costa Solid Waste Authority (CCCSWA) to do the siting elements and then have the District take over the operation of the facility. While that seemed feasible for a time, the practical considerations of CCCSWA having a very full agenda dedicated to contracting for garbage service while not having a full time Executive Director makes this option very difficult and impractical. It seems appropriate, therefore, to have the District take on the siting responsibility. This will likely have the District and the Board subject to "Not In My Back Yard" (NIMBY) opponents. Staff wanted to get some support from the Board for proceeding on the siting issues. Discussion followed with regard to participation by Mt. View Sanitary District with the District on the proposed Household Hazardous Waste Project, and seeking a constituency from the various cities. 2) Mr. Dolan, General Manager-Chief Engineer, reported that one of the items tentatively planned for the next Central Contra Costa Solid Waste Authority (CCCSWA) agenda is to begin the process of recruiting for a replacement for the Interim Executive Director. The Interim Executive Director has asked to be released from his role. It appears that there is now a need for a full- time Executive Director position and also a need for clerical support. There are a number of ways to do this: 15 95 b. 103 . Have one of the member agencies take on the lead agency role; . Conduct a limited local recruitment; or . Use an executive search firm to recruit someone for the position. Mr. Dolan stated that he believes that a limited local recruitment might identify talented people who would be interested in taking the job. Discussion followed with regard to salary for the position, desirable experience and qualifications, and the duties and responsibilities of the position. Mr. Dolan thanked the Board for their guidance. 3) Mr. Dolan announced that Contra Costa Water District (CCWD) acknowledged and appreciated the District's support of CCWD's position opposing completion of the San Luis Drain. 4) Mr. Dolan announced that staff has had a series of discussions with Contra 'Costa Water District (CCWD) Board and staff relative to their interest in participating in a joint recycled water project. Because of CCWD's very large capital improvement budget and the Los Vaqueros Project, they do not feel than can participate at the 50 percent level but they do wish to participate at some level. CCWD staff said there was no wish to impose project controls by CCWD. Mr. Dolan stated that his response was to express our Board's desire for a joint project and the hope that the CCWD contribution would be at least $1 million. 5) Mr. Dolan announced that he recently completed a series of discussion with District employees on the state of the District. Mr. Dolan stated that he expressed appreciation for the excellent work on cost savings, encouraged all employees to keep up the good work on quality service, updated employees on work redesign, reported on the upcoming executive management retreat to work on issues relating to the future of the District, and informed the employees about some of the concerns relative to the State Constitutional Revision Commission. The meetings with employees were very successful. 6) Mr. Dolan announced that there was an overflow in Walnut Creek on Teigland Street. It appeared that the overflow was cased by some blockage from contractor debris. District staff is investigating the cause. The District responded within 16 minutes. Approximately 5,000 gallons went out of the system. This flow exceeds the Regional Water Quality Control Board's new criteria for fines and it is likely that the District will be fined $500. 7) Mr. Dolan announced that the Dewatering Process Redesign Team (PRT) is working on cake pump level control and associated operating procedures and would like to send two members to Durham, Oregon to review cake pump operating procedures. The Board voiced no objection. 8) Mr. Dolan showed photographs of the District's booth at the Lindsay Museum Water Festival. The event was quite successful. COUNSEL FOR THE DISTRICT 1 ) Mr. Kenton L. Aim, Counsel for the District, stated that previously in closed session the Board discussed the ongoing dispute with St. Mary's College relating to a landslide that occurred several years ago and that required emergency repair to the pipe. Previous authorization was given to resolve this matter. One of the things required was that St. Mary's College put no water in their pipe that would cause this to happen again. This has made it necessary for them to work with the Town of Moraga to discharge in a different direction. This has not yet been completed and it is necessary to extend the tolling agreement previously approved by the Board. 06 15 95 104 c. d. It was moved by Member Rainey and seconded by Member Dalton, that authorization be given to extend the tolling agreement with St. Mary's College. There being no objection, the motion was unanimously approved. SECRETARY OF THE DISTRICT None BOARD MEMBERS 1 ) Member Rainey reported that Members Boneysteele and Menesini, as well as Member Hockett, attended the June 8, 1995 Central Contra Costa Solid Waste Authority (CCCSWA) meeting at which CCCSWA staff was authorized to negotiate with Browning Ferris Industries (BFI) for solid waste collection services, and with Valley Waste Management (VWM) tor recycling and green waste services. Good testimony and comments were presented. It was a very long afternoon. Hilton Farnkopf & Hobson (HFH) did a good job responding to questions and concerns. Board Member Jeff Smith has asked for an analysis for a tiering relationship between the member agencies and CCCSWA. The CCCSWA Board is concerned that nothing occur that would fragment the goals of the Authority. Member Menesini stated that the cities for which the District franchises should be involved directly in the decisions the District is making for them. To that end, Mr. Dolan, General Manager-Chief Engineer, stated thatthe city managers have been invited to a staff meeting to discuss the institutional arrangements for bringing them into CCCSWA. The more complicated issue is to determine what the cities' role can and should be in rate setting. Mr. Dolan stated further that it would be appropriate to invite two elected officials from each city to begin working with us as a team on such issues as franchise fees, commercial surcharge or subsidy, and rate-setting. A letter of invitation has been drafted for the Board's consideration. Following discussion, it was the consensus of the Board that the draft letter of invitation be approved. Mr. Dolan pointed out the outline of actions required prior to CCCSWA execution of RFP franchise agreements and the matrix of tentative dates for approval prepared by District Counsel Kenton L. Aim. Staff will be working on those activities. 2) Member Rainey reported that the Local Agency Formation Commission (LAFCO) met on June 14, 1995. LAFCO has begun looking at implementation of Section 5 on the roles and regulations that impact functions of special districts. Each special district is being considered individually. It is important that the District's report to LAFCO is very complete and all of the District's functions have been included. Mr. Dolan stated that he would check into the matter. 13. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Rainey requested that consideration of a change in District Board Meeting time be calendared for the next Board Meeting. Member Menesini requested that the Secondary Education Program be calendared for consideration at the next Board Meeting. Member Menesini commended Plant Operations Department Manager Charles W. Batts, Laboratory Superintendent Bhupinder Dhaliwal, and Chemist II Mary Lou Esparza for development of a water testing kit for use at the secondary level. Member Menesini requested that discussion of the District's 50th Anniversary Celebration be calendared for consideration at the next Board Meeting. 06 15 95 105 14. CLOSED SESSION a. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a). The title of the litigation discussed wasAcme Landfill Corp. v. Althin CD Medical, Inc., CCCSD, et ai, U.S. District Court No. C91-4268 SBA. b. SIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section 54956.9(b), a point has been reached where in the opinion of the Board of Directors of the Central Contra Costa Sanitary District, on the advice of its Counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the District. c. 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 4:55 p.m., President Hockett declared the closed session to discuss litigation pursuant to Government Code Sections 54956.9(a), (b), and (c). At 6:24 p.m., President Hockett concluded the closed session and reconvened the meeting into open session. 15. REPORT OF DISCUSSIONS IN CLOSED SESSION Mr. Kenton L. Aim, Counsel for the District, stated that no decisions were made or votes taken in closed session which require reporting at this time. 16. ADJOURNMENT There being no further business to come before the Board, President Hockett adjourned the meeting at the hour of 6:25 p.m. ø /)-¡j~ President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California ¿ , .:t ~ It ., Secr~t r of the Central on. Costa. anitary District, County of Contra Costa, State of California 06 15 9r= c.,