Loading...
HomeMy WebLinkAboutBOARD MINUTES 08-03-95 131 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON AUGUST 3, 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 2:05 p.m. on August 3, 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 a. 3. AWARDS AND COMMENDATIONS PRESENTATION OF WATEREUSE AWARD TO JAMES KELLY. PLANT OPERATIONS DIVISION MANAGER. FOR HIS OUTSTANDING SERVICE. PERSONAL COMMITMENT. AND ENORMOUS CONTRIBUTION TO HELPING INCREASE WATER RECYCLING IN THE STATE OF CALIFORNIA AS PRESIDENT OF THE WA TEREUSE ASSOCIATION FROM DECEMBER 1992 TO DECEMBER 1994 Mr. Roger J. Dolan, General Manager-Chief Engineer, introduced Mr. Dave Requa who was very active in the development of the Zone 1 concept for recycled water between the District and Contra Costa Water District. Mr. Requa is now working for Dublin San Ramon Services District and is a Director of WateReuse. Mr. Requa stated that he is pleased to present this award to Mr. James Kelly because he is honored to have Mr. Kelly as a friend, because he has a great appreciation for Mr. Kelly's intelligence and technical abilities, and because Mr. Kelly has provided direction to the WateReuse organization. Mr. Requa commended Mr. Kelly on his efforts which include developing a legislative program, a local chapters program, and the like. Mr. Kelly took WateReuse from a newly created organization to a statewide force in the recycled water arena. Mr. Requa presented a plaque to Mr. Kelly recognizing him for his outstanding service, personal commitment, and enormous contribution to helping increase water recycling in the State of California as President of the WateReuse Association from December 1 992 to December 1994. Mr. Kelly thanked Mr. Requa and the Board of Directors for the opportunity to serve as President of WateReuse, stating that there was a very strong group of volunteers who assisted him. b. RECEIVE ASSOCIATION OF METROPOLITAN SEWERAGE AGENCIES SILVER AWARD FOR OUTSTANDING WASTEWATER TREATMENT EFFORTS IN 1994 Mr. Dolan, General Manager-Chief Engineer, presented the Association of Metropolitan Sewerage Agencies (AM SA) Silver Award for outstanding wastewater treatment efforts in 1994 to Mr. James Kelly, Plant Operations Division Manager. Mr. Dolan stated that the AMSA Silver Award recognizes significant levels of National Pollutant Discharge Elimination System (NPDES) compliance achieved in 1994 during a time when there were a number of very large Treatment Plant projects and changes in plant processes taking place. Mr. Dolan and the Board of Directors commended Mr. Kelly and the Plant Operations Department employees on this significant achievement. 08 03 95 132 4. CONSENT CALENDAR It was moved by Member Rainey and seconded by Member Boneysteele, that the Consent Calendar, consisting of Items a. through C., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. The Quitclaim Sewer Easement was approved to Harold R. Caddel, et ux, Job 4002, Parcel 1, the President of the Board of Directors and the Secretary of the District were authorized to execute and record said Quitclaim Deed, and Resolution No. 95-060 were adopted to that effect. a. The motion was unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: b. Rainey, Boneysteele, Menesini, Dalton, Hockett None None The Agreement relating to Real Property with Allen Baron, et ux, Job 2175, Parcel 6, Alamo area, was approved, the President of the Board of Directors and the Secretary of the District were authorized to execute and record said Agreement, and Resolution No. 95-061 was adopted to that effect. The motion was unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Boneysteele, Menesini, Dalton, Hockett None None The Agreement relating to Real Property with James D. Wilson, et ux, Job 2795, Pleasant Hill area, was approved, the President of the Board of Directors and the Secretary of the District were authorized to execute and record said Agreement, and Resolution No. 95-062 was adopted to that effect. c. The motion was unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Boneysteele, Menesini, Dalton, Hockett None None 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item 1 O.a., Correspondence, was taken out of order later in the agenda to accommodate interested persons in the audience. 6. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 08 Mr. Dolan, General Manager-Chief Engineer, distributed and reviewed a fact sheet detailing the status of the Central Contra Costa Sanitary District (CCCSD)/East Bay Municipal Utility District (EBMUD) Recycled Water Project. The Board approved a $60,000 study of options using the Shell pipeline in December 1994 to begin the project. G.S. Dodson was selected as the consultant to perform the preliminary engineering studies and Barakat and Chamberlin, Inc. was selected to perform the institutional and financial analyses. The pre-engineering study identified 21 project scenarios ranging in size and cost from 4,700 acre feet per year and $90 million to 400 acre 1 ) 03 95 133 feet per years and $5 million. The most cost effective project appears to be a 1,500 acre feet per year project which could be built in two phases. The first phase, 1,000 acre feet per year, would serve Rossmoor Golf Course, Palos Colorados Golf Course, Acalanes High School and Campolindo High School. The second phase, 500 acre feet per year, would serve Moraga Country Club Golf Course, Gateway Valley Golf Course, and Miramonte High School. The Dodson work is scheduled for completion in September 1995. This work will form the basis for institutional and financial analyses and subsequent negotiations between the District and EBMUD. Discussion followed with regard to the respective roles of the District and EBMUD with regard to the proposed project. The Board indicated a strong desire to retain ownership of the Shell pipeline and an interest in learning more about proposed recycled water pricing policy as the project progresses. 2) Mr. Dolan, General Manager-Chief Engineer, requested input and guidance from the Board with regard to future franchise fees and other administrative solid waste expenses. Mr. Dolan stated that it has become apparent that the District should have some sort of role on the Central Contra Costa Solid Waste Authority (CCCSWA) for some period. Franchise fees, Acme Fill litigation and possibly other litigation, and the Cities' and Towns' roles on CCCSWA are all related. Mr. Dolan reviewed the initial goals at the time of the formation of CCCSWA: . To maintain and enhance working relationships with the Cities, Towns, and the County; . By banding together with other jurisdictions, CCCSWA to provide critical mass of solid waste, resulting in the ability to solicit very competitive proposals; . To replace the District's role in rate setting with some competent structure such as CCCSWA; and . To minimize the layers of government involved in solid waste management. To achieve those goals, Mr. Dolan set forth a few related ideas: . The District Board wishes to cut cost of services; and therefore, it would be appropriate to consider cutting administrative costs and having fewer jurisdictions involved, but it is necessary to manage the liabilities during the transition. . Recognizing that the Cities and Towns need money, there may be a level of public acceptability to the idea that the Cities and Towns might receive some level of solid waste franchise fee. . There is no wish for the District to receive any money for solid waste franchising activities over and above actual expenses. . There is the principle that the Board fought to have AB 939 redrafted to make sanitary districts equal with cities and counties with regard to solid waste management. That was considered but denied. Sanitary districts have the right to franchise but do not have the mandate from AB 939 to manage solid waste and solid waste diversion. In short, the District may be experienced at it, but solid waste management is no longer the District's responsibility. To attempt to respond to these points, the District has developed some numbers that are comparable to the franchise fee estimates included in the draft rates calculated by Hilton Farnkopf & Hobson and distributed to City staff. Mr. Dolan reviewed the draft administrative expenses for the first two years of the new franchise agreement (March 1996 through February 1998) and discussed timing of rate-setting events. Mr. Dolan stated that staff 08 03 95 134 08 3) 4) 5) sees an advantage to having the District take a public position with regard to the District's future in solid waste. Following discussion, it was the consensus of the Board that the Board endorses the proposed transition of solid waste management as follows: . It is the intent of the District to remain in CCCSWA no later than February 1998; by which time, it is the intent of the District to leave or to have left CCCSWA and to have turned full responsibility for the franchises over to the Cities of Lafayette and Orinda and the Towns of Danville and Moraga (Cities and Towns). . The Board would encourage and vote for the Cities and Towns to join CCCSWA any time between March 1996 and February 1998 provided the Cities and Towns are then willing to assume liability and management of the lawsuits that exist or may exist, all of the franchise fees would be made available to them for that purpose with any amounts left over to be retained by the Cities and Towns. . The District could remain in CCCSWA until February 1998 to help resolve the liability issues and manage the Acme lawsuit. By February 1998, it is expected that the lawsuit may be resolved. . The franchise fee allocation for Cities and Towns that join CCCSWA prior to that time would go from three percent to five percent plus an allowance for active litigation, depending on the degree to which the Cities and Towns accept liability for the litigation expenses. . The Cities and Towns would hold the District harmless or agree to pass through any reasonable and necessary expenses of the District attendant to the District's past experience in managing solid waste. Discussion followed with regard to a timeline of events, rate-setting philosophy and procedures, and the number of CCCSWA representatives from each jurisdiction. Mr. Dolan, General Manager-Chief Engineer, announced that the Ralph M. Brown Act requires that a log be kept of votes or actions taken in closed session. That has been the responsibility of Counsel since the law was imposed. That places an extra burden on Mr. Kenton Aim, Counsel for the District, since he is the presenter in closed session. Mr. Aim has requested that the Secretary of the District come into closed session and record those items in the future. If the Board has no objection, this will occur in the future. Following a brief discussion, this matter was calendared for discussion on August 17, 1995. Mr. Dolan, General Manager-Chief Engineer, stated that after discussion with the City of Walnut Creek and Contra Costa County, it appears that it would be appropriate for the District to undertake the recruitment for the new Executive Director for the Central Contra Costa Solid Waste Authority (CCCSWA). If the Board does not object, the new person could be provided with benefits under the District's benefit program and reduce the administrative expenses of CCCSWA. Mr. Dolan, General Manager-Chief Engineer, stated that a further exchange of letters between the District and Orinda Moraga Dispose-All indicates a lack of willingness on the part of Orinda Moraga Dispose-All to provide open access to all the records needed for the Board to make a rate decision. Mr. Doug Lomow, owner of Orinda-Moraga Dispose-All, has also objected to the auditor BDO Seidman because that company worked with the Navone's in the past. Deputy General Manager Paul Morsen and Counsel for the District Kenton Aim will continue to work on this. 03 95 135 6) Mr. Dolan, General Manager-Chief Engineer, announced that the District is currently advertising for the Lombardy Lane Sewer Replacement Project. The engineer's estimate for the work is $247,000. 7) Mr. Dolan introduced Mr. Paul Morsen, Deputy General Manager, who provided an update on the status of negotiations with Browning-Ferris Industries (BFI) and Valley Waste Management (VWM). Mr. Morsen stated that he, Ms. Janet Schneider of the City of Walnut Creek, Mr. Scott Hanin of Hilton Farnkopf & Hobson, and Mr. Kenton Aim, have served as the negotiating team for the Central Contra Costa Solid Waste Authority (CCCSWA), Three meetings have been held with each company. The meetings have focused on splitting the services into two contracts, one for refuse collection and disposal, and one for recycling and green waste collection and disposal; addressing issues raised by the proposers; and ensuring that rates could not be raised unnecessarily. The final draft of the contracts will be sent to CCCSWA staff on August 4, 1995 for review. A meeting has been scheduled next week for further negotiation with BFI and VWM. The final contracts are scheduled for consideration at the CCCSWA Special Meeting on September 14, 1995. 8) Mr. Dolan, General Manager-Chief Engineer, discussed the demanding Board meeting schedule during the next few weeks and made suggestions for priortizing the workload. At this time, President Hockett departed from the order of the agenda to consider Item 10., Correspondence, to accommodate interested persons in the audience. a. 10. CORRESPONDENCE CONSIDER SUPPORT OF PROPOSED LEGISLATION PROHIBITING STATE OR LOCAL AGENCIES FROM APPLYING TAXES. FEES. OR SURCHARGES TO ALTERNATIVE DAILY COVER AT SOLID WASTE LANDFILLS Member Rainey stated that Browning-Ferris Industries (BFI) approached Assemblyman Richard Rainey to support proposed legislation prohibiting state or local agencies from applying taxes, fees, or surcharges to Alternative Daily Cover (ADC) at solid waste landfills. Member Rainey stated that she strongly supports this proposed legislation. A great deal of effort went into getting biosolids, ash, and green waste used as cover material designated as waste diversion and not disposal. Mr. Scott Gordon, attorney for BFI, addressed the Board requesting support of the proposed legislation precluding a surcharge on ADC. Mr. Dolan indicated that Ms. Elaine Jacobs, Assistant Engineer (Solid Waste), had researched the matter and recommended supporting the BFI position. Following discussion, it was moved by Member Menesini and seconded by Member Rainey, that the Board supports in concept the proposed legislation prohibiting state or local agencies from applying taxes, fees, or surcharges to Alternative Daily Cover at solid waste landfills, and directs staff to send a letter of support to Assemblyman Richard Rainey and the California Association of Sanitation Agencies (CASA). There being no objection, the motion was unanimously approved. At this time, President Hockett reverted to the order of the agenda. b. 6. REPORTS COUNSEL FOR THE DISTRICT 1 ) Mr. Kenton L. Aim, Counsel for the District, distributed and reviewed copies of the Transitional Agreement between County of Contra Costa and Central Contra Costa Sanitary District for Collection of Solid Waste within Certain Unincorporated Areas to be within the Jurisdiction of Central Contra Costa Solid Waste Authority (CCCSWA) and the Transitional Agreement between County of Contra Costa and Central Contra Costa Sanitary District for the 08 03 95 136 Collection of Solid Waste within Certain Unincorporated Areas of the North Concord/Pacheco/Clyde Solid Waste Franchise Area. Mr. Aim stated that the first agreement cedes franchising authority for certain unincorporated area to the County when the County joins CCCSWA. The second agreement cedes franchising authority for the unincorporated areas of North Concord/Pacheco/Clyde in the near term. Mr. Aim stated that the agreements will not become effective until all the precedent conditions are met including the County joining CCCSWA. The agreements will be calendared for Board adoption at the August 17, 1995 Board Meeting. 2) Mr. Aim, Counsel for the District, reviewed the proposed resolution delegating solid waste franchising authority to the Central Contra Costa Solid Waste Authority (CCCSWA). Mr. Aim stated that the City of Walnut Creek adopted a similar resolution three weeks ago and the County will be considering a similar resolution as well. It was moved by Member Rainey and seconded by Member Dalton, that Resolution No. 95-063 be adopted, authorizing the Central Contra Costa Solid Waste Authority to Enter into Solid Waste, Recycling, and Green Waste Collection Agreements. There being no objection, the motion was unanimously approved. c. SECRETARY OF THE DISTRICT None d. BOARD MEMBERS Solid waste issues were discussed earlier in the agenda. 1 ) 2) Member Rainey stated that the Local Agency Formation Commission (LAFCO) has not met since the last District Board Meeting. 7. SOLID WASTE a. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH GREENFIELD SERVICES CORPORATION FOR MOBILE HOUSEHOLD HAZARDOUS WASTE COLLECTION SERVICES Following discussion of the surplus Countywide Mobile Collection Program revenue collected through June 30, 1995, recovery of costs associated with the Orinda Moraga Dispose-All franchise area, and the need for coordination to avoid possible overlap, it was moved by Member Rainey and seconded by Member Menesini, that the General Manager- Chief Engineer be authorized to execute the Agreement with Greenfield Services Corporation for mobile household hazardous waste collection services in the District's solid waste franchise communities. There being no objection, the motion was unanimously approved. 8. ENGINEERING a. APPROVE A $257.379 CONSTRUCTION CONTRACT CHANGE ORDER ON THE HEADWORKS FACILITIES IMPROVEMENT PROJECT <DP 7069) FOR EXTRA COSTS RELATED TO THE NEW SCRUBBER WATER AND DRAIN LINE SYSTEMS Mr. Dolan, General Manager-Chief Engineer, stated that the last time the Headworks Facilities Improvement Project was before the Board, it was related to a labor issue. Mr. Dolan introduced Mr. Ron Klimczak, Senior Engineer, to update the Board on that matter. Mr. Klimczak reported that the State investigated the allegations of the Carpenters Union that Humphrey Construction, Inc. did not pay prevailing wages on the Headworks Facilities Improvement Project. The State has subsequently directed the District to withhold $162,456 from monies due Humphrey pending completion of the State's review of all certified payrolls for the construction period. It is likely that the final amount will be considerably less than the amount the District is now withholding. The final determination should be made in the next few months. 08 03 95 137 Mr. Klimczak then described the situation relating to extra costs associated with the new scrubber water and drain line systems, and negotiation of a fair and reasonable change order. The fiscal implications of these issues and the recommended contract amendments were reviewed with the Board Budget and Finance Committee. Following discussion, it was moved by Member Menesini and seconded by Member Boneysteele, that the General Manager-Chief Engineer be authorized to execute a contract change order with Humphrey Construction, Inc. in the amount of $257,379 for extra costs related to the scrubber water and drain line system work on the Headworks Facilities Improvement Project (DP 7069). There being no objection, the motion was unanimously approved. Budget and Finance Committee Members Menesini and Boneysteele commended Mr. Klimczak and Plant Engineering Division Manager William Brennan on the successful resolution of these issues and their impressive negotiation skills. b. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AMENDMENT FOR $78.000 TO THE CH2M HILL AGREEMENT AND AN AMENDMENT FOR $23.387 TO THE MONTGOMERY WATSON AGREEMENT FOR WORK ON THE HEADWORKS FACILITIES IMPROVEMENTS PROJECT (DP 7069) Mr. Ron Klimczak, Senior Engineer, stated that the proposed contract amendments reflect some of the additional work that the contractors performed with regard to the Carpenters Union issue and the change order negotiations. Mr. Klimczak stated that staff believes the proposed contract amendments to be fair and reasonable and reflective of the additional work required to be done to close out the projects. It was moved by Member Dalton and seconded by Member Rainey, that the General Manager-Chief Engineer to execute two Consultant Contract Amendments for work on the Headworks Facilities Improvement Project (DP 7069); one in the amount of $78,000 to the existing CH2M Hill agreement for additional construction management services and a second in the amount of $23,387 to the existing Montgomery Watson agreement for additional engineering services during construction. There being no objection, the motion was unanimously approved. 9. LEGAL/LITIGATION a. DENY CLAIM FOR PERSONAL INJURIES BY AMY FAL TZ It was moved by Member Rainey and seconded by Member Dalton, that the claim by Amy Faltz for personal injuries be denied and referred to staff for further action as required. There being no objection, the motion was unanimously approved. a. 10. CORRESPONDENCE CONSIDER SUPPORT OF PROPOSED LEGISLATION PROHIBITING STATE OR LOCAL AGENCIES FROM APPLYING TAXES, FEES, OR SURCHARGES TO ALTERNATIVE DAILY COVER AT SOLID WASTE LANDFILLS This item was taken out of order earlier in the agenda. At 4:35 p.m., President Hockett declared a recess, reconvening at the hour of 4:42 p.m., with all parties present as previously designated. 11. APPROVAL OF MINUTES a. MINUTES OF REGULAR MEETING OF JULY 20. 1995 MINUTES OF ADJOURNED REGULAR MEETING OF JULY 27. 1995 b. It was moved by Member Boneysteele and seconded by Member Rainey, that the minutes of the Regular Meeting of July 20, 1995 and the minutes of the Adjourned Regular Meeting of July 27, 1995, be approved as presented. There being no objection, the motion was unanimously approved. 08 03 95 --------------------- ------------------- - 138 12. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED AUGUST 3. 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. Member Menesini commended staff for the detailed backup information supporting large project payments. Member Menesini indicated that he believes that it is particularly important for the Board to review large payments and visit projects. It was moved by Member Menesini and seconded by Member Boneysteele, that the Expenditure List dated August 3, 1995, including Self-Insurance Check Nos. 100989- 100992, Running Expense Check Nos. 90843-91081, and Sewer Construction Check Nos. 15931-15989, be approved as recommended. There being no objection, the motion was unanimously approved. 13. BUDGET AND FINANCE a. CONSIDER APPOINTMENT OF NEW INTERNAL AUDITOR BEGINNING IN FISCAL YEAR 1995-1996 Mr. Dolan, General Manager-Chief Engineer, stated that this item is pursuant to an interview held at the July 20, 1995 Budget and Finance Committee. Staff recommends appointment of a new internal auditor to conduct internal audits, assist in writing policy and procedures, and evaluate internal controls. Following discussion, it was moved by Member Menesini and seconded by Member Boneysteele, that Rosemary C. Belland, C.P.A., be appointed as the District's internal auditor beginning in Fiscal Year 1995-1996 as recommended by the Board Budget and Finance Committee. There being no objection, the motion was unanimously approved. b. RECEIVE FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED JUNE 30. 1.9.9.5. Ms. Deborah Ratcliff, Controller, provided an overview of the financial results of District operations for 1994-1995. Ms. Ratcliff stated that these results are preliminary and a more detailed report will be presented to the Board after completion of the audit which is scheduled to begin August 14, 1995. District staff is now preparing the work papers for that audit. Ms. Ratcliff provided a brief report of operations and maintenance revenues, expenses, and reserves for the fiscal year ended June 30, 1995. Actual revenues of $27,830,000 were $87,000 less than budget, representing a 0.3 percent unfavorable variance. Actual expenditures of $26,212,000 were $1,506,000 less than budget, representing a 5.4 percent favorable variance. These savings were the result of savings in the retirement area, a large refund from State Fund for workers' compensation because of the District's excellent safety record, a large savings in chemicals resulting from the work of the Dewatering Process Redesign Team (PRT), and a large savings in utilities resulting from the startup of the Cogeneration Project. As a result, reserves increased to a balance of $6,147,000 at June 30,1995. Ms. Ratcliff reported that Self-Insurance Fund actual revenues of $620,000 were $27,000 greater than budget, representing a 4.6 percent favorable variance. Actual expenditures of $566,000 exceeded budget by $183,000, representing a 47.8 percent unfavorable variance. The Self-Insurance Fund balance at June 30, 1995 is $5,156,000. Ms. Ratcliff reported that the District's temporary investments were held in Treasury bills and Treasury notes, short-term commercial paper, 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 June 1995 was 5.98 percent. The average yield for the LAIF account through May 1995 was 6.0 percent. Mr. John Mercurio, Administrative Analyst, provided the year-end Capital Improvement Program status report. Mr. Mercurio reported that actual expenditures including debt issuance/retirement were $32.2 million, $9.6 million less than budget, representing a 23.0 08 03 95 139 percent favorable variance. Mr. Mercurio reviewed the seven projects that account for the majority of the expenditures for the entire fiscal year. Those projects were: . . . . . . . Headworks Facilities Improvement Project Secondary Clarifier Improvements Project Cogeneration Project 1-680/SR-24 Relocation Phase 3B Project Pleasant Hill Relief tnterceptor Project Los Arabis/Woodland Trunk Upgrade Project Martinez Pumping Station Upgrade PrÓJect Mr. Mercurio reported that actual revenues of $19.8 million were $4.3 million less than budget, representing a 17.9 percent unfavorable variance. Mr. Mercurio reviewed the major variances resulting from differences between budgeted and actual taxes and interest, and the timing of the Concord payment. The Sewer Construction Fund balance at June 30, 1995 is $30,869,000. President Hockett thanked Ms. Ratcliff and Mr. Mercurio for their reports and declared that the Financial Statements for the Fiscal Year ended June 30, 1995 were duly received. a. 14. EMERGENCY SITUATIONS REQUIRING BOARD ACTION ADOPT A RESOLUTION OFFERING CONDOLENCES ON THE SUDDEN DEATH OF WALTER ANTON. OF CONTRA COSTA WATER DISTRICT Mr. Dolan, General Manager-Chief Engineer, stated that Mr. Walter Anton, Acting General Manager of Contra Costa Water District (CCWD), passed away over the weekend. Mr. Dolan requested that this item be added to the agenda and that a resolution offering condolences to Mr. Anton's family and CCWD be adopted. It was moved by Member Boneysteele and seconded by Member Rainey, that the sudden passing of Mr. Walter Anton came to the attention of District sta.ff after the agenda was published and because of the urgency of this matter that the item be added to the agenda. There being no objection, the motion was unanimously approved. It was moved by Member Boneysteele and seconded by Member Rainey, that Resolution No. 95-065 be adopted, offering deepest sympathy to Mr. Walter Anton's family and to Contra Costa Water District. There being no objection, the motion was unanimously approved. b. EMERGENCY REPAIR OF TREATMENT PLANT INCINERATOR SCRUBBER WATER LINE TO THE SOLIDS CONDITIONING BUILDING Mr. Charles W. Batts, Plant Operations Department (POD) Manager, stated that on August 1, 1995, the Treatment Plant altered the method by which the furnace scrubber water line is fed from the secondary plant process to the furnaces in the Solids Conditioning Building. This was done to aid the contractor on the District's Ultraviolet (UV) Disinfection Facilities Project. The work involved pumping water to the scrubber water line, allowing the contractor to redirect the flow from the clarifiers allowing reconstruction. The initial use of the altered scrubber water line under pump pressure revealed a major leak in the 24-inch reinforced concrete pipe near the Solids Conditioning Building which required immediate repair. A contract was issued and yesterday morning the repair work was started. The estimated cost of repair is $20,000. District employees will repair the pipe, but a contractor is needed for excavation and blacktopping. The immediate repair was required to: . Permit continued furnace operation; . Mitigate the impact to the District's UV Disinfection Facilities Project construction contractor and possible delay of contract costs; . Prevent possible odor complaints and permit violations; and . Provide the most cost effective fix. 08 03 ~5 140 Mr. Batts requested that the Board declare that an emergency condition exists and authorize exception to the District standard bidding procedure to allow work to proceed to correct the situation. Mr. Kenton L. Aim, Counsel for the District, advised the Board that an item may be added to the agenda based on a determination that an emergency exists and that such emergency arose after the agenda was published. Then, if the Board determines by 4/5 vote that such is the case, this matter can be considered pursuant to Government Code Section 54954.2(b)( 1). It was moved by Member Boneysteele and seconded by Member Dalton, that in accordance with Government Code Section 54954.2(b)( 1), the Board of Directors of the Central Contra Costa Sanitary District determines that an emergency situation exists, as defined in Section 54956.5 of the Government Code. There being no objection, the motion was unanimously approved. Mr. Aim stated that Public Contract Code Section 20806 allows the District to expend funds in excess of $10,000 without public bidding requirements based on a finding by the Board of Directors that to avoid public calamity arising from damage to the environment and to protect the public health and safety, exception to the public bidding standard is required. It was moved by Member Dalton and seconded by Member Rainey, that Resolution No. 95-064 be adopted, authorizing and confirming that immediate expenditure for emergency is authorized. Following discussion, the motion was unanimously approved. 15. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Menesini noted that a number of people have recently attended conferences and training events, and suggested that a report to the Board might be appropriate. Mr. Dolan, General Manager-Chief Engineer, stated that key words and descriptions are included on the Quarterly Training/Conference Summary to give the Board some idea of the focus of conferences and training events. Any Board Member who wishes more detailed information on a particular event should contact the Secretary of the District or the General Manager-Manager Chief Engineer. In response to a question from President Hockett, the theme for the District's 50th anniversary celebration was briefly discussed. 16. ADJOURNMENT There being no further business to come before the Board, President Hockett adjourned the meeting at the hour of 5:22 p.m. in memory of Mr. Walter Anton, to reconvene at the Assistance League of Diablo Valley, 1850 Second Avenue, Walnut Creek, California, at 2:00 p.m., August 8, 1995 and 9:00 a.m., August 15, 1995 for Special Board Meetings- Joint Meetings with Central County Cities on solid waste rate setting. ¡g 7) ;h~ President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 08 03 95