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HomeMy WebLinkAboutBOARD MINUTES 07-06-95 106 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 6, 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 July 6, 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 ADOPT A RESOLUTION COMMENDING JOHN S. GREGG UPON HIS RETIREMENT FROM CONTRA COSTA WATER DISTRICT AFTER 29 YEARS OF SERVICE a. Mr. Roger J. Dolan, General Manager-Chief Engineer, stated the Mr. John S. Gregg, Contra Costa Water District (CCWD) Assistant General Manager, is retiring after 29 years of service. Mr. Gregg is a very capable and highly ethical person, and has always dealt fairly with Central Contra Costa Sanitary District. Mr. Dolan recommended that the Board adopt a resolution commending Mr. Gregg. This resolution and a bottle of recycled water will be presented to Mr. Gregg this evening at his retirement celebration by Plant Operations Division Manager James M. Kelly. It was moved by Member Rainey and seconded by Member Dalton, that Resolution No. 95-042 be adopted, commending John S. Gregg upon his retirement from Contra Costa Water District after 29 years of service. The motion was unanimously approved. The Board echoed Mr. Dolan's comments and extended their best wishes to Mr. Gregg on his future endeavors. b. LETTER DATED JUNE 15. 1995 FROM MR. GLENN REINHARDT. EXECUTIVE DIRECTOR OF WATER ENVIRONMENT RESEARCH FEDERATION. EXPRESSING APPRECIATION FOR THE DISTRICT'S COOPERATION ON THE RECENTLY PUBLISHED REPORT COMPARISON OF UV /RRAD/A T/ON TO CHLOR/NA TlON: GU/DANCE FOR ACHIEV/NG OPT/MAL UV PERFORMANCE The Board noted receipt of the letter dated June 15, 1995 from Mr. Glenn Reinhardt, Executive Director of Water Environment Research Federation, expressing appreciation for the District's cooperation on the recently published report Comparison of UV Irradiation to Chlorination: Guidance for Achieving Optima/ UV Performance. The Board commended staff for their efforts in this regard. In response to a question from Member Menesini, Mr. Dolan, General Manager-Chief Engineer, stated that he would make a copy of the report available to him. 4. CONSENT CALENDAR It was moved by Member Rainey and seconded by Member Boneysteele, that the Consent Calendar, consisting of Items a. through e., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 07 06 95 107 Resolution No. 95-043 accepting work and Offers of Dedication from Bruce L. lindorf and Angie lindort, Job 4934, Parcel 1, was adopted and recording was authorized. a. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Boneysteele, Menesini, Dalton, Hockett None None Grant of Easement Deeds for the Pleasant Hill Relief Interceptor Project, DP 4985, were accepted from Dennie Fisher and Terri L. Fisher, Patricia A. Mandeville, George N. Angel and Tamara Angel, Edward J. McGah, Melba L. Burnett, John T. Figoni and Margaret A. Figoni, Jerome P. Battle and Kathleen F. Battle, Donald W. Hillier and Lisa C. Hillier, Girven F. Erickson, and Joseph P. Deemer and Kathryn J. Deemer; staff was authorized to record said Deeds with the Contra Costa County Recorder; and Resolution Nos. 95-044.95-045.95-046. 95-047.95-048.95-049. 95-050. 95-051. 95-052. and 95-053 were adopted to that effect. b. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Boneysteele, Menesini, Dalton, Hockett None None c. Authorization was given for P .A. 95-10 (Martinez) and P .A. 95-11 (Danville) to be included in a future formal annexation to the District. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: d. Rainey, Boneysteele, Menesini, Dalton, Hockett None None Resolution No. 95-054 was adopted, confirming that publication has been made of District Ordinance No. 195, which establishes the Sewer Service Charges to be billed by the Central Contra Costa Sanitary District to all served properties for 1995-1996. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: e. Rainey, Boneysteele, Menesini, Dalton, Hockett None None Staff was authorized to secure the services of an arbitrator in accordance with Step Four of the Grievance Procedure in the matter of the appealed grievance of retiree Rod Smith. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Boneysteele, Menesini, Dalton, Hockett None None 07 06 95 108 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item 1 0.a.5) Zone 1 Water Recycling Project Update, was taken out of order later in the agenda to accommodate interested persons in the audience. 6. ENGINEERING a. AUTHORIZE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE THE TERMINATION AGREEMENT FOR SPECIAL METERING ARRANGEMENT WITH PACIFIC GAS & ELECTRIC COMPANY AND CONTRA COSTA WATER DISTRICT Mr. Dolan, General Manager-Chief Engineer, stated that pursuant to the General Agreement with Contra Costa Water District (CCWD) for Recycled Water approved on October 6, 1994, an agreement that conforms future electric power billing with the agreed upon operating and ownership responsibilities has been negotiated and is recommended for approval. Following discussion, it was moved by Member Rainey and seconded by Member Menesini, that the General Manager-Chief Engineer be authorized to execute the Termination Agreement for Special Metering Arrangement with PG&E and CCWD. There being no objection, the motion was unanimously approved. 7. APPROVAL OF MINUTES a. MINUTES OF JUNE 1. 1995 Member Menesini stated that in reviewing the minutes he noted the following items that should be calendared for discussion at a future Board Meeting: . . . . . Acme Litigation Dougherty Valley Negotiations with Browning Ferris Industries (BFI) Household Hazardous Waste/Pollution Prevention Mandate Involvement of the Cities for which the District Franchises in the Central Contra Costa Solid Waste Authority (CCCSWA) Mr. Dolan, General Manager-Chief Engineer, stated that Dougherty Valley, negotiations with BFI, Household Hazardous Waste, and involvement of the cities for which the District franchises in the CCCSWA are all calendared for reports and discussion later on this agenda. In response to a question from Member Menesini, Infrastructure Division Manager Jay S. McCoy stated that no community meeting is planned for the Bancroft Road Project, but individual mailings were sent to the citizens around the job site that will be affected by the project. Deputy General Manager Paul Morsen stated that press releases on projects are routinely prepared and a small article was printed on this project. Following discussion, it was moved by Member Menesini and seconded by Member Rainey, that the minutes of June 1, 1995 be approved as amended deleting the last sentence on page 8, and that the minutes of June 15, 1995, be approved as presented. There being no objection, the motion was unanimously approved. 8. APPROVAL OF EXPENDITURES EXPENDITURE LIST DATED JULY 6.1995 a. 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 July 6, 1995, including Self-Insurance Check Nos. 100977- 100983, Running Expense Check Nos. 90118-90558, and Sewer Construction Check Nos. 15800-15866, be approved as recommended. There being no objection, the motion was unanimously approved. 07 06 95 None a. 109 9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 10. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that recent newspaper articles have reported the settlement of disputes and controversy relating to the development of Dougherty Valley. Even with those disputes settled, there still remains a number of planning issues that need to be resolved for the orderly development of the undeveloped portion of the South Central County within the urban limit lines. An important forum for hammering out the issues has been the Tri-Valley Subregional Planning Pilot Project. Mr. Dolan introduced Mr. Jarred Miyamoto-Mills, Principal Engineer, who provided an overview. Mr. Miyamoto-Mills stated that the Tri- Valley Council has existed for several years as a forum for discussion of issues of mutual interest. The Council received a $55,000 grant from the Association of Bay Area Governments (ABAG) for a six-month subregional planning pilot project. A portion of the District's service area is included in the project's study area. Central San staff has been invited to monitor the process and has attended meetings of the planning committee. The purpose of the project is twofold: . To demonstrate coordinated, multi-jurisdictional subregional planning; and . To produce a subregional strategy document which can be adopted as policy by participating jurisdictions. In response to a comment from Member Menesini, Mr. Miyamoto-Mills stated that he can say with some certainty that the Tri-Valley Wastewater Authority (TWA) northern option will not re-emerge as part of this project. The current thinking is that in valley reuse and westward disposal options can be worked out. Mr. Miyamoto-Mills stated that the project will address the issues of: . Local and intensity of urban development; . Natural resources/transportation; . Housing/economy; and . Implementation. The strategy is for development of general policy guidance, and is not specific to any specific proposed development projects. Mr. Miyamoto-Mills reviewed the items addressed in the first draft working paper on location and intensity of urban development, the portion of the working paper relating to wastewater disposal, and the project schedule which calls for completion in November 1995. Following discussion of the scope of the project and its function as an important means of communication between Contra Costa and Alameda Counties, Mr. Miyamoto-Mills stated that he would provide a copy of the complete Working Paper No.1 document and schedule of meetings to Member Menesini. 2) Mr. Dolan, General Manager-Chief Engineer, stated that recently the Board adopted a budget which contains funds for development of a secondary school education program on pollution prevention. District staff has been in contact with a high school biology teacher from the Mt. Diablo School 07 06 95 110 3) 07 06 District who has an interest in working with staff on development of this program. Staff is working out a contract which will provide for completion of the work in phases so we can ascertain the continuing quality and creativity of the program as it is developed. In the discussion that followed, it was noted that the program will be developed with a core group of teachers from the Mt. Diablo School District and, perhaps, other Districts as well. During development, the District will sponsor periodic events to obtain buy-in and critical analysis. Mr. Dolan, General Manager-Chief Engineer, stated that the District's planning for a household hazardous waste facility is on schedule. Mr. Dolan introduced Mr. Don Berger, Associate Engineer, who reviewed the background of the project beginning in October 1994 when the Central Contra Costa Solid Waste Authority (CCCSWA) requested that the District seek support from Central County Cities for a permanent household hazardous waste drop-off facility. In January 1995, the District Board authorized a study which included tours of 11 permanent facilities and a survey of seven others. In April 1995, the District submitted a proposal to the Central County Cities on behalf of CCCSWA. Support has been obtained from the Cities within the District service area, Concord and Clayton, and Mt. View Sanitary District. The proposed household hazardous waste program will provide a permanent drop-off facility which will be open on a regular basis three days a week for residents, and one additional day for small businesses. No appointments will be required for residents. Mobile events and/or satellite facilities will be considered for remote areas to supplement the permanent facility. It is proposed that the Sewer Service Charge be used as the funding mechanism for the program. It is estimated that a Sewer Service Charge increment of $3 to $5 per year will be needed. Discussion followed with regard to possible charges to residents for the service and impact on businesses now providing similar services. It was noted that the facility will serve only small quantity generators and not larger generators so businesses should not be impacted. Furthermore, the District would try to steer away from handling commercial wastes that are already well managed by existing recycling industries. Mr. Berger described typical household hazardous waste drop-off facilities and their operation. Potential hazards, safety precautions, and workers' training were discussed. Mr. Berger stated that the total project cost for design and construction of the facility, excluding property acquisition costs, is estimated to be $1 million to $1.4 million depending on whether a fully enclosed or a partially enclosed facility is constructed. Mr. Berger stated that the next step is to conduct a feasibility study to educate and involve the public in the early discussion of project issues. Mr. Berger reviewed the estimated project schedule, stating that staff anticipates coming back to the Board in December 1995 when the feasibility study is complete. The Board expressed support for the project concept and thanked Mr. Berger for his report. Mr. Dolan stated that as the Board will recall, in an effort to find a win/win solution to a complex administrative conflict that had developed in the household hazardous waste interim mobile collection program, it was decided that the Orinda and Moraga service area would participate in the County program and the remainder of the service area franchised by the District would participate in the Greenfield Environmental Services program. Ms. Robin Bedell-Waite, the coordinator for the County program, was present when the Board endorsed that compromise decision. Staff has recently learned that the County has cancelled its household hazardous waste mobile collection program in the Orinda and Moraga area, claiming that there is insufficient revenue generated in that area to pay costs. Staff was able to have the Orinda and Moraga area included in the Greenfield proposal, but questions the County assertion since the events were to be paid for largely with surplus funds which the County had collected but not spent. 95 111 Mr. Dolan stated that a further complication has developed. The County has stopped collecting the $2.12 per ton household hazardous waste surcharge at the West County landfill. This will necessitate the District recovering this money from Orinda Moraga Dispose-All. This may be difficult as Orinda Moraga Dispose-All is behind in paying franchise fees and legal impound account monies. At this time, Mr. Dolan, General Manager-Chief Engineer, requested that Item 10.a.5) Zone 1 Water Recycling Project Update, be taken out of order to accommodate interested persons in the audience. The Board concurred. 5) Mr. Dolan, General Manager-Chief Engineer, reported that at a meeting on July 5, 1995, the Contra Costa Water District (CCWD) Board of Directors considered the draft Principles of Agreement document for the Zone 1 Recycled Water Project and cast support for the document. The CCWD Board is very supportive of developing a relationship between the two Districts and of this particular project, but at this point they do not want to participate in a joint project. Mr. Dolan introduced Ms. Lynne Putnam, Senior Engineer, who described the Zone 1 Recycled Water Project service area which will ultimately serve approximately 1000 acre feet of recycled water per year. Ms. Putnam reviewed the CCCSD/CCWD agreed upon process for development of future projects, and stated that the CCWD Board of Directors has approved the Principles of Agreement for the Zone 1 Recycled Water Project and granted purveyorship to CCCSD. Ms. Putnam reviewed the Principles of Agreement previously distributed to the Board. On July 20, 1995, the Principles of Agreement will be presented for approval by the CCCSD Board of Directors. The draft agreement will then be presented for the CCWD Board's information on September 27, 1995 and the final agreement will be presented for CCWD Board action on October 25, 1995. Discussion followed in which Member Menesini stated that the CCCSD Board should be informed of issues prior to their consideration by the CCWD Board of Directors. The Board also stressed the need for development of specific criteria should CCWD request to be included in the project in the future. Mr. Dolan stated that that issue will be addressed in the project specific agreement. At this time, President Hockett reverted to the order of the agenda. 4) Mr. Dolan, General Manager-Chief Engineer, stated that Deputy General Manager Paul Morsen and District Counsel Kenton L. Aim will be taking the lead for the District this summer as the District works through a very demanding schedule resolving solid waste issues. Those issues fall into three categories: . Institutional issues relating to County/CCCSD agreement on transfer of franchising authority, County membership on the Central Contra Costa Solid Waste Authority (CCCSWA), transfer of franchising authority to CCCSWA by member agencies, revisions to CCCSWA bylaws, and ultimately whether the Cities for which CCCSD now franchises (Danville, Lafayette, Moraga, and Orinda) will join CCCSW A; . Contract issues relating to the terms of agreement between CCCSWA and Browning Ferries Industries (BFI) and CCCSWA and Valley Waste Management (VWM), and ensuring that those agreements are binding upon CCCSWA member agencies; and . Rate-setting issues and involvement of the four Cities for which the District franchises. Mr. Dolan stated that the Cities have requested input into the rate-setting process. A meeting with City Managers was held last week to work out a 07 06 95 112 plan for optimizing this process. Even though it was a staff meeting, there were three City Councilmembers present. While there are numerous options for obtaining the Cities' input, the District should favor options that maximize the flow of information and provide the opportunity for consensus building. He recommended that a series of Board MeetingslWorkshops be conducted which are attended by two representatives from each of the four Cities which the District represents. If a consensus conclusion on rates could be reached using this approach, it would not be necessary to reconsider the issue at a Central San Board Meeting. After discussion, the Board indicated support for this approach. Some issues to be considered at the Board meetings include franchise fees for the Cities, whether the municipalities will receive free solid waste services, and education of City Councilmembers and staff on principles of rate setting and rate-setting alternatives. A staff meeting has been scheduled on July 21, 1995, and Board Meetings have tentatively been scheduled for the following dates and times: . July 27,1995 at 9:00 a.m. . August 8, 1995 at 2:00 p.m. . August 15, 1995 at 9:00 a.m. Mr. Dolan stated that if a round table format and the tentative meeting dates are acceptable to the Board, staff will notify the other parties and publish the appropriate notices. Discussion followed with regard to possible alternatives for educating and getting input from the Cities on rate-setting, the sizable commitment of District staff time and resources currently focused on solid waste issues, and gradually turning the responsibility for solid waste over to the Cities and evolving the District out of solid waste. Mr. Dolan discussed tentative agenda topics for the proposed meetings. The first meeting would focus on alternative rate-setting methodology, quantification of rate impacts and revenue generated by various franchise fees and municipal services requests, and selection of preferred rate-setting methodology. At the second meeting, base rates would be calculated following the preferred methodology, and franchise fees and nominal boundaries for municipal services would be established. At the third meeting, calculated rate tables would be presented, and the CCCSD Board could agenda adoption of the rate tables if sufficient progress had been made. Otherwise, an additional meeting could be scheduled. Discussion followed relative to the potential for City representatives preferring an alternative or rate table that the CCCSD Board cannot agree to, the opportunity for obtaining buy-in and ownership by the Cities, and the leveling process achieved by having representatives from all jurisdictions present. Following discussion, it was the consensus of the Board to proceed with the series of meetings in round table format to obtain input on rate-setting issues from the Cities for which the District franchises. It was noted for the record that while differing opinions were expressed in the discussion of these issues, the consensus to proceed was unanimous. 5) The update on the Zone 1 Recycled Water Project was taken out of order earlier in the agenda. 6) Mr. Dolan, General Manager-Chief Engineer, stated that at the Board's request District Secretary Joyce Murphy led a management team analysis of options for earlier delivery of the Board agenda packet. A variety of alternatives were considered, each of which had some degree of adverse consequences including such things as use of after hours courier service, 07 06 95 113 routine weekend work, and interference with the Board's ability to have weekly meetings. As these factors were discussed, it was felt that the requirement that was placing the greatest time pressure on Board Members was the need to review expenditures during the same two-day period which the schedule provided for agenda packet review. Since the expenditure review process is always after the fact and is basically an audit function, Mr. Dolan proposed two alternatives for the expenditure review process which would allow two additional weeks for review providing extra preparation time for both Board and staff. Discussion followed with regard to holding Budget and Finance Committee meetings on a different day than the Board Meeting to allow for review and obtaining more information on projects and audit of expenditures. Member Dalton left the meeting at the hour of 6:53 p.m. b. c. d. None Following further discussion, it was proposed by Member Menesini that no change be made in the timing of delivery of Board agenda packets nor in the time of the Budget and Finance Committee at which expenditures are reviewed. There being no objection, it was the consensus of the Board that no changes be made. 7) Mr. Dolan, General Manager-Chief Engineer, announced that a fatal heart attack was suffered by an employee of a contractor working on the Plant Operations Department (POD) roofing project. COUNSEL FOR THE DISTRICT None SECRETARY OF THE DISTRICT None BOARD MEMBERS 1 ) Solid waste issues were discussed earlier in the agenda. 2) Member Rainey reported that the Local Agency Formation Commission (LAFCO) will meet on July 12, 1995. 3) At the last Board Meeting the subject of rescheduling the Board Meetings earlier in the day was raised. Member Rainey suggested that the District Board Meetings begin at 1 :30 p.m. or 2:00 p.m., stating that this would relieve staff from staying late in the evening. To accommodate members of the public, items known to be of particular interest could be scheduled at a special time or meeting. President Hockett stated that earlier meetings could preclude some interested persons from serving on the Board, and she indicated that it could be difficult for her to attend earlier meetings as well. President Hockett suggested instead that the Board focus on the time and dialogue at Board Meetings, challenging the Board to utilize time more effectively. Discussion followed wherein the Board recognized the validity of the issues raised by President Hockett and the possible problem of potential Board Members, and indicated they would not want to impose a hardship on any present or future Board Members or members of the public. Following discussion, it was moved by Member Rainey and seconded by Member Menesini, that a resolution moving the time of regularly scheduled Board Meetings forward to 2:00 p.m. be prepared for consideration by the Board at the July 20, 1995 Board Meeting. Motion approved with President Hockett voting no and Member Dalton being absent. 11. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS 07 06 95 114 12. ADJOURNMENT There being no further business to come before the Board, President Hockett adjourned the meeting at the hour of 7:20 p.m. ¡J' b Ih~M President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: S re ry of the Central ontra Costa Sanitary District, County of Contra Costa, State of California 07 06 95