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HomeMy WebLinkAboutBOARD MINUTES 02-06-97 28 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON FEBRUARY 6, 1997 At 1 :00 p.m. on February 6, 1997, the District Board convened for the Central Contra Costa Sanitary District/Mt. View Sanitary District Household Hazardous Waste Collection Facility Ground Breaking Ceremony at the site on Imhoff Place, Martinez, California. Refreshments were served following the ground breaking ceremony. 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 2:00 p.m. President Menesini called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Rainey, Nejedly, Hockett, Boneysteele, Menesini ABSENT: Members: None 2. PUBLIC COMMENTS None 3. CONSENT CALENDAR It was moved by Member Rainey and seconded by Member Hockett, that the Consent Calendar, consisting of Items a. through I., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 97-027 accepting work and Offers of Dedication from San Ramon Valley Unified School District, Job 5114, Parcels 2 and 3, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Hockett, Nejedly, Boneysteele, Menesini None None b. Resolution No. 97-028 accepting work and Offers of Dedication from Dean J. Pasvankias, Trustee, Job 5184, Parcel 3, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Hockett, Nejedly, Boneysteele, Menesini None None c. Resolution No. 97-029 accepting work and Offers of Dedication from Steven V. Bushmeyer, et ux, Job 5184, Parcel 4, was adopted and recording was authorized. 02 06 97 29 Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Hockett, Nejedly, Boneysteele, Menesini None None Resolution No. 97-030 accepting work and Offers of Dedication from Kevin J. Youngblood, et ai, Job 5184, Parcel 5, was adopted and recording was authorized. d. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Hockett, Nejedly, Boneysteele, Menesini None None Quitclaim Deed to MacEngle Senior Services, Inc., Job 79, was approved, the President of the District Board of Directors and the Secretary of the District were authorized to execute and record said Quitclaim Deed, and Resolution No. 97-031 was adopted to that effect. e. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: f. Rainey, Hockett, Nejedly, Boneysteele, Menesini None None Consent to Common Use with Contra Costa County, Job 1597, Parcel 69, was approved, recording of said Consent to Common Use was authorized, and Resolution No. 97-032 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Hockett, Nejedly, Boneysteele, Menesini None None Resolution No. 97-033 was adopted, modifying the requirement to hold a public hearing on the Gary Way Contractual Assessment District No.1, DP 5188, within a time allowance. g. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: h. Rainey, Hockett, Nejedly, Boneysteele, Menesini None None Notification of election of officers of the Central Contra Costa Sanitary District Employees Association, Local One, was received. This item was presented for the Board's information. No action was taken. 02 06 97 30 I. The attendance of Ms. Edy Keeton, Network Coordinator for the Management Information System Section, was authorized at the February 24-27, 1997 Nortel X11 Station Moves, Adds and Changes course in La Palma, California, at a cost of $2,200. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Hockett, Nejedly, Boneysteele, Menesini None None 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Roger J. Dolan, General Manager-Chief Engineer, requested that Item 12.a., Budget and Finance, be taken out of order so that the Board's decision can be communicated to Contra Costa County prior to close of business at 5:00 p.m. today. President Menesini proceeded to Item 12.a., Budget and Finance. a. 12. BUDGET AND FINANCE ADOPT A RESOLUTION LISTING THE PRINCIPLES OF AGREEMENT FOR A TAX EXCHANGE BETWEEN CENTRAL CONTRA COSTA SANITARY DISTRICT (CCCSD) AND THE SAN RAMON VALLEY FIRE PROTECTION DISTRICT (SRVFPD) Mr. Dolan, General Manager-Chief Engineer, stated that this matter was discussed with the Board at the last Board Meeting and direction was provided to staff at that time. Mr. Dolan introduced Mr. Jarred Miyamoto-Mills, Principal Engineer, who stated that at the last Board Meeting the San Ramon Valley Fire Protection District (SRVFPD) proposal for future property tax allocation for the Dougherty Valley was presented to the Board. Mr. Miyamoto-Mills stated that if the ten year phased-in allocation were used in the Windemere property situation, the total impact to the District over the ten years would be $100,600. The Board directed staff to make the following counterproposal: . Accept the SRVFPD's ten year phase-in of the Master Tax Exchange Agreement allocation; . The tax exchange would apply to the Windemere property boundary reorganization only; . If Shapell's Dougherty Valley development occurs before Windemere, the phased tax allocation could apply there instead of for the Windemere property; and . For future annexations, property tax allocation would follow the Master Tax Exchange Agreement approach. Mr. Miyamoto-Mills stated that the SRVFPD has now presented the following revised proposal: . The same ten year phase-in of the Master Tax Exchange Agreement allocation; and . For future annexations, establish a "threshold" ten year tax exchange amount of $250,000 (1 ,500-2,000 homes) where the Master Tax Exchange Agreement would be used below the threshold and the SRVFPD could request area-specific negotiations above the threshold. Mr. Miyamoto-Mills stated that it should be noted as well as the SRVFPD proposal also contains the following reversion clause: . 02 06 97 31 "6. If the future actions of a third party or change in law negate the Sanitary District's ability to share in any property tax revenue subject to this resolution, then the tax exchange allocation so affected shall revert to the ~ire District. (Optional language: If this occurs, the Fire District shall, thereafter, annually pay to the Sanitary District the amount subject to such reversion as may be agreed by the parties.)" . Discussion followed with regard to the intention of the SRVFPD, whether the reversion clause could be enforced, the potential for future misunderstandings or disagreements that this reversion clause might precipitate, the benevolence of CCCSD in agreeing to the property tax allocation, and suggested revisions to the draft resolution. It was agreed that a cover letter would be used to convey the thought that this future property tax allocation is an act of generosity on the part of the Sanitary District. Following discussion, it was moved by Member Rainey and seconded by Member Nejedly, that the draft resolution be adopted, including option 2, adding "at the request of the Fire District" to the sixth WHEREAS, deleting No.6., the Reversion Clause, and adding the following after the fourth WHEREAS: "WHEREAS, the Sanitary District, in order to facilitate adequate fire protection service for the Dougherty Valley, is willing to modify the allocations set forth in the Master Tax Agreement (as provided herein) and thereby alleviate certain short term economic difficulties projected to be incurred by the Fire District due to the Windemere reorganization (LAFC 96-24); and." There being no objection, the motion was unanimously approved. Messrs. Aim and Miyamoto-Mills left the meeting to prepare a final draft of the Resolution incorporating the changes listed above for the Board's consideration later in the meeting. At this time, President Menesini reverted to the order of the agenda. a. 5. ITEMS HELD OVER FROM PREVIOUS BOARD MEETINGS DIRECT STAFF TO SECURE THE SERVICES OF AN ARBITRATOR IN ACCORDANCE WITH THE APPROPRIATE APPEAL PROCEDURES CONCERNING THE APPLICATION OF FAMILY AND MEDICAL LEAVE (Continued from January 23, 1997) Mr. Dolan, General Manager-Chief Engineer, stated that there is concurrence between the union and management to put this issue, which is a complicated compilation of federal and state laws and the District's Memoranda of Understanding, before an arbitrator for a recommendation for the Board's consideration. Following discussion, it was moved by Member Boneysteele and seconded by Member Rainey, that staff be authorized to secure the services of an arbitrator in accordance with the appeal procedures concerning the application of Family and Medical Leave. Motion approved with Member Nejedly voting no. It was noted for the record that Member Nejedly voted no because after reading the Family Medical Leave Act he believes it is a separate program from sick leave. Mr. Paul Morsen, Deputy General Manager, stated that this was negotiated and agreed upon by the employees during the last Memorandum of Understanding (MOU) negotiations. Mr. Morsen stated that he would provide a copy of the MOU to Member Nejedly. 6. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that when the Board considered the Gary Way Contractual Assessment District previously, staff was requested to perform a study to determine if other agencies have similar programs. Staff was also asked to learn if other agencies have other types of programs to provide financial aid to neighborhoods ór homeowners 02 06 97 32 02 with failing septic tanks. Mr. Dolan introduced Mr. Jay S. McCoy, Infrastructure Division Manager, who distributed and reviewed the results of the questionnaire seeking that information from other agencies. Mr. McCoy noted that 82 questionnaires were sent out and 53 were returned for a 65 percent return rate. Of the number responding, 38 agencies maintain a collection system. Of the 38 agencies that maintain a collection system, 10 provide some sort of financial aid, 16 agencies have rebate programs similar to Central Contra Costa Sanitary District (CCCSD), and four agencies mandate connection to the public sewer system under certain conditions. More detailed information was provided in the handout to the Board. Mr.' McCoy stated that in the AlamolDanville area there are 16 islands which include about 500 properties. The estimated cost if sewers were extended into all of the island areas is estimated to be $3 million to $3.5 million. Following discussion, the Board thanked Mr. McCoy for his report. 2) Mr. Dolan, General Manager-Chief Engineer, stated that when the Board considered the Household Hazardous Waste Collection Facility Landscaping Plan, there was agreement on most components of the plan which allowed staff to proceed with the plan excluding the Integrated Pest Management (lPM) Garden. The discussion at the last meeting focused on the facilities plan and did not touch on this program as a component of the District's Public Education Program. Mr: Dolan introduced Ms. Harriette Heibel, Community Education Officer, who described the education objectives of the District and the lin-kage between those objectives, the Household Hazardous Waste Program, the Recycled Water Program, and the Household Hazardous Waste Collection Facility IPM garden. Mr. Bart Brandenburg, Source Control Program Superintendent, stated that the IPM Garden will enhance the District's pollution prevention message and could serve as a tool to help reduce the use of pesticides which can cause the District's effluent to be toxic. Mr. Brandenburg stated that the landscaping project could serve as a visual pollution prevention education resource and would benefit the District's effluent quality, the Stormwater Program, the Central Contra Costa Solid Waste Authority, and the public we serve. Mr. Don Berger, Associate Engineer, stated that since this was last discussed with the Board, an additional option has been prepared. The first option is as previously discussed with the Board. The second option is for a smaller version (6500 square feet) of the IPM Garden. Mr. Berger described the proposed location of the IPM Garden. 'The smaller version would result in a cost savings of approximately $2,500. The total cost of the landscaping project of the entire property is about $210,000. Most of this cost is being expended to clean up and visually enhance former concrete batch plant area and is not directly related to the household hazardous waste facility. The maintenance costs for the two options are approximately equal. Mr. Michael Baefsky, the IPM Garden designer, discussed the IPM concept and described the plants that would be included in the IPM Garden. Member Boneysteele stated that the IPM Garden would be a unique opportunity to educate the public when they are dropping off pesticides and a way of showing alternative ways of managing pests. President Menesini stated that the IPM Garden is an opportunity to reduce pesticides in the sewer system and thereby carry out the direction of the Regional Water Quality Control Board. Member Rainey supported the idea of an IPM Garden but stated that the District is not the appropriate location for it. The District is a sewage treatment facility and there are aesthetic impacts of this facility which can 06 97 33 be expected to make the IPM unappealing to a significant percentage of the community. In the past the District has purchased buffer property and discouraged incompatible uses adjacent to our treatment facility. Member Hockett endorsed the concept of an IPM Garden but agreed with Member Rainey's concern about possible exposure to odor complaints from those visiting the IPM Garden. Member Hockett stated that touring the IPM Garden as extension of a plant tour would be acceptable but discouraged other tours. Furthermore, the District should not encourage garden clubs or individuals to visit the site. We should not inform the public through our newsletter or solicit newspaper coverage. Member Nejedly concurred. It was moved by Member Boneysteele and seconded by Member Hockett, that authorization be given to proceed with IPM Garden Option 1 (10,000 square feet). There being no objection, the motion was approved. Mr. Dolan, General Manager-Chief Engineer, stated his understanding of the Board's direction that there will be no outreach program on the IPM Garden; however, it will be made available to people who are at the District on a plant tour or visiting the Household Hazardous Waste Collection Facility. If some day the District is able to significantly reduce the occurrence of plant odors, then staff will raise the question of further outreach to the Board for reconsideration. Noting the return of Messrs. Aim and Miyamoto-Mills, President Menesini returned to Item 12.a., Budget and Finance. 12. BUDGET AND FINANCE a ADOPT A RESOLUTION LISTING THE PRINCIPLES OF AGREEMENT FOR A TAX EXCHANGE BETWEEN CENTRAL CONTRA COSTA SANITARY DISTRICT (CCCSD) AND THE SAN RAMON VALLEY FIRE PROTECTION DISTRICT tSRVFPD) Mr. Jarred Miyamoto-Mills, Principal Engineer, reviewed the proposed resolution setting forth principles of agreement for a tax exchange between CCCSD and SRVFPD as modified by the Board. It was moved by Member Rainey and seconded by President Menesini, that Resolution No. 97-026, A Resolution Listing the Principles of Agreement for the Exchange of Future Property Taxes between Central Contra Costa Sanitary District and the San Ramon Valley Fire Protection District, be adopted. Motion unanimously approved on the following roll call vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Menesini, Nejedly, Hockett, Boneysteele None None At 4:50 p.m., President Menesini declared a recess, reconvening at the hour of 4:55 p.m. with all parties present as previously designated. At this time, President Menesini reverted to the order of the agenda. 6. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 3) Mr. Dolan, General Manager-Chief Engineer, distributed the 1997-1998 Budget Schedule and highlighted the Board-related events. 02 06 97 34 02 b. c. d. 4) Mr. Dolan, General Manager-Chief Engineer, announced that the District is prequalifying microtunneling subcontractors for the South Orinda Sewer Improvements Project and the Martinez East Side Trunk Sewer Project. 5) Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Paul Morsen, Deputy General Manager, who provided an update on the status of the Local One decertification petition. A petition was received with the signatures of more than 35 percent of the members; therefore, an election will be held to determine whether the employees wish to continue with Local One as their recognized representative. Local 39, the Stationar.y Engineers, was unsuccessful in their bid to be placed on the same ballot as the decertification question. Mr. Morsen stated that a position paper will be presented to the Board for consideration at the next Board Meeting. 6) Mr. Dolan, General Manager-Chief Engineer, announced that the Wendt Ranch Annexation and Boundary Reorganization will be considered by the Local Agency Formation Commission (LAFCO) at its next meeting. The request is for annexation to Central Contra Costa Sanitary District (CCCSD) and East Bay Municipal Utility District and for modification of CCCSD's sphere of influence. 7) Mr. Dolan, General Manager-Chief Engineer, and the Board thanked all those responsible for making the Household Hazardous Waste Collection Facility Ground Breaking Ceremony a success. COUNSEL FOR THE DISTRICT None SECRETARY OF THE DISTRICT 1 ) Ms. Joyce E. Murphy, Secretary of the District, announced that former Board Member William Dalton has broken his hip and is in John Muir Hospital. . BOARD MEMBERS 1 ) President Menesini distributed the Board Committee assignments for 1997 as fqllows: STANDING COMMITTEES: Budaet and Finance Committee * Parke L. Boneysteele James A. Nejedly Personnel Committee *Susan McNulty Rainey Mario M. Menesini Cacital Projects Committee *Barbara D. Hockett Parke L. Boneysteele 06 97 35 AD HOC COMMITTEES: Recycled Water Committee *Mario M. Menesini Susan McNulty Rainey * First named Member will serve as Committee Chair. REPRESENTATIVES: Board Liaison to Cities and County Concord, Pacheco Danville, Alamo & San Ramon Lafayette, Walnut Creek Martinez, Contra Costa County & Pleasant Hill Orinda, Moraga James A. Nejedly Barbara D. Hockett Parke L. Boneysteele Mario M. Menesini Susan McNulty Rainey California Scecial Districts Association Contra Costa County Chacter Susan McNulty Rainey Barbara D. Hockett - Alternate Central Contra Costa Solid Waste Authoritv Susan McNulty Rainey Barbara D. Hockett James A. Nejedly - Alternate Friends of the San Francisco Estuarv Mario M. Menesini Sanitation and Water Aaencies of Contra Costa Countv Barbara D. Hockett James A. Nejedly - Alternate 2) Member Rainey reported on the January 13, 1997 Contra Costa Special Districts Association Meeting at which Messrs. Kenton L. Aim and Mark Cornelius made presentations on Proposition 218, the Right to Vote on Taxes Initiative. Member Rainey also reported that on January 29, 1997, the Local Government Committee received testimony with regard to the effectiveness of Local Agency Formation Commissions (LAFCO) in forcing mergers and consolidations of special districts. Ms. Annamaria Perrella, Executive Director of the Contra Costa County LAFCO, submitted a report of examples of local special district cooperation and mergers. Central Contra Costa Sanitary District staff also prepared a list. The County of Contra Costa was cited as a shining example of special district cooperation. 3) Member Boneysteele stated that at the recent California Association of Sanitation Agencies (CASA) meeting, he detected CASA staff resistance to the proposed CASA website. Member Rainey stated that the Executive Committee decided to go forward with a website. Information such as Tri- T AC information, legislative bills, and other information will be made available. 02 06 97 36 7) 8) 4) Member Hockett reported that the Sanitation and Water Agencies of Contra Costa County met on January 23, 1997. Member Hockett distributed a summary of the that meeting at which electric power deregulation was the main subject of discussion. 5) Members Rainey and Hockett reported on the January 30, 1997 Central Contra Costa Solid Waste Authority (CCCSWA) Meeting. The major topic of discussion at that meeting was the CCCSWA commercial recycling ordinance and the provision of the ordinance which allows cities to charge a franchise fee of 5 percent of gross receipts. 6) Member Boneysteele, Chair of the Budget and Finance Committee, introduced Ms. Deborah Ratcliff, Controller, who reported the results of the 1996-1997 Internal Audit of Accounts Payable/lnvoice Matching. The Internal Audit, conducted by Rosemary C. Belland, CPA, found these areas to be in good order and noted no material weaknesses but did make some recommendations for streamlining processes. Ms. Ratcliff reviewed the Internal Audit findings and recommendations and noted the staff responses. Copies of the Internal Audit for 1996-1997 were previously distributed to the Board. Ms. Ratcliff presented the staff recommendation that the District's Procurement Card System and Cafeteria Plan be audited in the coming year. The Board concurred. Ms. Ratcliff stated that increasing the capitalization limit from $500 to $1,000 was also discussed with the Budget and Finance Committee and their endorsement was received. Ms. Ratcliff requested that the Board consider this change. It was moved by Member Hockett and seconded by Member Nejedly, that the increase of the capitalization threshold from $500 to $1,000 be approved. There being no objection, the motion was unanimously approved. Member Rainey announced that the Mt. Diablo Silverado Council of the Boy Scouts of America Environmental Achievement Awards Dinner is scheduled for February 27, 1997. Anyone interested is invited to attend. President Menesini announced that the Environmental Alliance Discussion Series will continue on February 10, 1997 at noon at the John Muir Historic Site in Martinez with Mr. Don Freitas, Manager of the Contra Costa County Clean Water Program speaking on the subject "When It Rains, It Pollutes." 7. ENGINEERING ESTABLISH FEBRUARY 20. 1997. AT 3:00 P.M. AS THE DATE AND TIME FOR A PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY FOR THE SOUTH ORINDA SEWER IMPROVEMENTS, DP 4928 a. Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Jay S. McCoy, Infrastructure Division Manager, who stated that negotiators are in the process of dealing with 34 property owners along Moraga Way in Orinda. Negotiations have been successful with all but nine of the property owners. Using a map, Mr. McCoy described the locations of the nine properties and the temporary and permanent easements required for the South Orinda Sewer Improvements Project. Mr. McCoy requested that a public hearing be set for 3:00 p.m. on February 20, 1997 to consider adoption of a Resolution of Necessity to acquire the easements needed for purposes of microtunneling. It was moved by Member Rainey and seconded by Member Nejedly, that February 20, 1997 at 3:00 p.m. be established as the date and time for a public hearing to consider adoption of a Resolution of Necessity for the South Orinda Sewer Improvements Project, DP 4928. The motion was unanimously approved on the following vote: 02 06 97 37 AYES: Members: Rainey! Nejedly, Hockett, Boneysteele, Menesini NOES: Members: None ABSENT: Members: None b. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AMENDMENT FOR $24.000 TO THE NPG ENGINEERING AND CONSTRUCTION SERVICES AGREEMENT FOR WORK ON THE UV DISINFECTION FACILITIES PROJECT (DP 7100) Mr. Dolan, General Manager-Chief Engineer, introduced Mr. William E. Brennan, Plant Engineering Division Manager, who stated that on December 19, 1996 the Board received an update on the Ultraviolet (UV) Disinfection Facilities Project. The budget figures are approximately the same. The project is 97 percent complete but there have been delays. Liquidated damages withheld through November 30, 1996 total $76,800. Liquidated damages continue to accrue at $600 per day or $18,000 per month. Mr. Brennan reported that the UV Disinfection System has produced good process results. The District has been meeting standard; however, chlorine is being used in conjunction with UV disinfection to ensure that permit standards are met. There is a seven-day acceptance test as part of the contract requirements. The first test was done in November 1996 and the contractor failed in the first day. In the interim the contractor has replaced approximately 1100 of the 7200 quartz tubes. The quartz tubes were apparently damaged in transport. Mr. Brennan stated that the ground fault interrupter (GFI) is a problem. It serves as a safety device and trips off a rack of bulbs if there is a power interruption. The second seven-day acceptance test began on January 30, 1997. There were sufficient GFI trips to say the test was a failure, and the contractor was notified of failure on February 5, 1997. In some cases broken quartz tubes were the cause; in some cases there was no obvious cause. Mr. Brennan stated that the quartz tube issue is still being checked and the GFI trips remain an issue as well. Beyond that, there are normal contractor punch list issues that must be done before the job is complete. It was moved by Member Rainey and seconded by Member Nejedly, that the meeting time be extended to 7:00 p.m. There being no objection, the motion was unanimously approved. At 6:05 p.m., Member Boneysteele left the meeting. Following discussion of liquidated damages, it was moved by Member Rainey and seconded by Member Nejedly, that the General Manager-Chief Engineer be authorized to execute a contract amendment to the existing NPG Engineering and Construction Services agreement for additional inspection services in the amount of $24,000 during construction work on the UV Disinfection Facilities Project, DP 7100. There being no objection, the motion was approved-with Member Boneysteele being absent. At 6:08 p.m., Member Boneysteele returned to the meeting and Member Hockett left the meeting. c. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH LAMB AND LAMB FOR $38.000 FOR CONSULTING SERVICES RELATED TO THE DISTRICT'S 1997 WORK REDESIGN PROGRAM President Menesini stated that he met with some of the participants in the Work Redesign Program and was duly impressed with the results of that effort. It was moved by Member Boneysteele and seconded by Member Rainey, that the General Manager-Chief Engineer be authorized to execute an agreement with Lamb and Lamb in the amount of $38,000 for the District's 1997 Work Redesign Program. There being no objection, the motion was approved with Member Hockett being absent. 02 06 97 ------- 38 a. 8. HUMAN RESOURCES ADD THE STAFFIASSISTANT ENGINEER CLASSIFICATION TO THE MANAGEMENT SUPPORTICONFIDENTIAL GROUP AND ADOPT A RESOLUTION IMPLEMENTING THIS CHANGE: DENY THE PETITION OF THE PLANNING ASSISTANTSIADMINISTRATIVE ANALYST TO CHANGE BARGAINING UNITS Member Hockett returned to the meeting at the hour of 6: 1 0 p.m. Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Boneysteele and seconded by Member Rainey, that Resolution No. 97-034 be adopted, considering the mediator's advisory recommendation to include the StafflAssistant Engineer classification in the Management Support/Confidential Group; and to deny the petition of the Planning AssistantslAdministrative Analyst to change bargaining units. The motion was unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Rainey, Nejedly, Hockett, Menesini None None a. 9. CORRESPONDENCE NOTE RECEIPT OF LETTER DATED JANUARY 2. 1997 FROM DR. TENG-CHUNG WU. CHIEF OF THE SURFACE WATER PROTECTION DIVISION. CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD. CONCERNING THE DISTRICT'S POLLUTION PREVENTION PROGRESS REPORT Receipt of the letter dated January 2, 1997 from Dr. Teng-Chung Wu, Chief of the Surface Water Protection Division of the California Regional Water Quality Control Board, commending the District for its Pollution Prevention Program and offering constructive commentary was noted. This item was presented for the Board's information. No action was taken. 10. APPROVAL OF MINUTES a. MINUTES OF ADJOURNED REGULAR BOARD MEETING OF JANUARY 9. 1997 It was moved by Member Boneysteele and seconded by Member Nejedly, that the minutes of the Adjourned Regular Board Meeting of January 9, 1997, be approved as presented. There being no objection, the motion was unanimously approved. 11. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED FEBRUARY 6. 1997 Member Boneysteele, Chair of the Budget and Finance Committee, stated that he and President Menesini reviewed the expenditures. There were no exceptions. It was moved by Member Boneysteele and seconded by President Menesini, that the Expenditure List dated February 6, 1997, including Self-Insurance Check Nos. 101236- 101239, Running Expense Check Nos. 101510-101737, Sewer Construction Check Nos. 17996-18047, and Payroll Check Nos. 44372-44643, be approved as recommended. There being no objection, the motion was unanimously approved. 02 06'97 39 12. BUDGET AND FINANCE ADOPT A RESOLUTION LISTING THE PRINCIPLES OF AGREEMENT FOR A TAX EXCHANGE BETWEEN CENTRAL CONTRA COSTA SANITARY DISTRICT (CCCSD> AND THE SAN RAMON VALLEY FIRE PROTECTION DISTRICT (SRVFPD) a. This item was taken out of order earlier in the agenda. ADJOURN REGULAR BOARD MEETING AND CONVENE AS THE BOARD OF DIRECTORS OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT FACILITIES FINANCING AUTHORITY TO CONDUCT ITS ANNUAL MEETING b. President Menesini adjourned the meeting of the Central Contra Costa Sanitary District Board of Directors at the hour of 6: 13 p.m. At 6: 13 p.m., Member Boneysteele, President of the Central Contra Costa Sanitary District (CCCSD) Facilities Financing Authority, convened the annual meeting of the CCCSD Facilities Financing Authority. President Boneysteele requested that the Secretary call roll. PRESENT: Directors: Rainey, Nejedly, Hockett, Menesini, Boneysteele ABSENT: Directors: None President Boneysteele requested public comments, and noted that there were none. It was moved by Director Menesini and seconded by Director Nejedly, that the minutes of the CCCSD Facilities Financing Authority annual meeting of December 21, 1995, be approved as presented. There being no objection, the motion was approved with Director Rainey abstaining because she was not present at the meeting of December 21, 1995. Ms. Deborah Ratcliff, Treasurer of the Authority, reported that in December 1994, the Authority issued 1994 Revenue Installment Certificates (Certificates of Participation) in the amount of $25 million for a term of 20 years. The reserve fund balance is currently $2,298,000. It is invested in a three-year Treasury note earning 5.625 percent interest. Ms. Ratcliff reviewed the list of capital projects for the period December 1995 through January 1997 on which the proceeds were expended. The following projects are substantially complete: . . . . . . . . Aeration Basin Improvements Aeration Basin Selector Cogeneration Facility UV Disinfection Facilities Improvements Headworks Facility Martinez Pumping Station Pleasant Hill Relief Interceptor - Phases 1, 2, and 3 Secondary Clarifier Improvements Ms. Ratcliff stated that the following are current projects: . . . OrindalMoraga Pumping Station - Wet Weather Pumps Outfall Improvements Pleasant Hill Relief Interceptor - Phases 4 and 5 Ms. Ratcliff reviewed the payment schedule for the Certificates of Participation. Ms. Ratcliff noted that all payments are currently being made from the Sewer Construction Fund. When all projects supported by proceeds from the Certificates of Participation are substantially complete, payments will be made from the Running Expense Fund. President Boneysteele stated that in accordance with the Bylaws of the Authority, it would be appropriate to elect officers at this time. 02 06 9~( 40 It was moved by Director Menesini and seconded by Director Rainey, that pursuant to Article III, Section 2 of the Bylaws, the following slate of officers be elected for 1997: 1 ) President of the Authority shall be Director Parke L. Boneysteele, Chair of the Budget and Finance Committee of the District Board of Directors; 2) . Vice President of the Authority shall be Director James A. Nejedly, the remaining Member of the Budget and Finance Committee of the District Board of Directors; 3) Executive Director of the Authority shall be Mr. Roger J. Dolan, General Manager-Chief Engineer of the District; 4) Treasurer of the Authority shall be Ms. Deborah Ratcliff, Controller for the District; and 5) Secretary of the Authority shall be Ms. Joyce E. Murphy, Secretary of the District. There being no objection, the motion was unanimously approved. There being no further business to come before the Board, President Boneysteele adjourned the annual meeting of the Central Contra Costa Sanitary District Facilities Financing Authority at the hour of 6: 19 p.m. President Menesini reconvened the regular meeting of the Central Contra Costa Sanitary District Board of Directors at the hour of 6: 19 p.m. with all parties present as previously designated. a. b. 1 ) 2) 3) 4) 5) 13. EMERGENCY SITUATIONS REQUIRING BOARD ACTION RENEW EMERGENCY AUTHORIZATION FOR CRESCENT DRIVE. ORINDA EMERGENCY REPAIR DECLARE EMERGENCY AUTHORIZATION FOR STORM DAMAGE REPAIR PROJECT FOR SITES AT: CREEK CROSSING NEXT TO 17 LOMBARDY LANE. ORINDA CREEK CROSSING AT REAR OF 621 MINER ROAD. ORINDA ORINDA COUNTRY CLUB NEAR LOWER ORINDA PUMPING STATION CULVERT IN SACRAMENTO NORTHERN RIGHT-OF-WAY. MORAGA 3933-3960 QUAIL RIDGE ROAD, LAFAYETTE Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Jay S. McCoy, Infrastructure Division Manager, who provided an update on the status of emergency work being done as a result of storm damage. Mr. McCoy stated that a landslide removed the sewer main at 25 and 29 Crescent Drive in Orinda. The sewer main has been replaced, structural supports have been added to the homes, and drainage has been controlled. The approximate cost to date is $50,000. The bank eroded adjacent to the sewer main at the creek crossing at 17 Lombardy Lane in Orinda. A concrete support has been installed and the creek bank riprapped. The approximate cost to date is $10,000. 02 06 o~ if' , 41 A private culvert eroded under the sewer main at the creek crossing at 621 Miner Road in Orinda. A steel beam has been installed to support the sewer main. The approximate cost to date Is' $1,000. At the Orinda Country Club near Lower Orinda Pumping Station, 75 to 100 feet of 24-inch trunk sewer has been exposed. One pipe joint has been encased in concret~ and riprap installed. The approximate cost to date is $5,000. A storm drain has plugged in the Sacramento Northern Right-of-Way in Moraga. Silt has been removed from the creek, riprap has been installed, and brush guards have been installed. The approximate cost to date is $23,000. Approximately 200 feet of 8-inch sewer is in a slide at 3933-3960 Quail Ridge Road in Lafayette. Temporary side sewers have been installed. The approximate cost to date is $2,000. It was moved by Member Boneysteele and seconded by Member Nejedly, that the emergency authorization be renewed for 25 and 29 Crescent Drive Emergency Repair in Orinda, and that authority be given to proceed with emergency work as described with regard to the following sites: the creek crossing next to 17 Lombardy Lane in Orinda, the creek crossing at the rear of 621 Miner Road in Orinda, the Orinda County Club near Lower Orinda Pumping Station, the culvert in the Sacramento Northern Right-of-Way in Moraga, and 3933-3960 Quail Ridge Road in Lafayette. The motion was unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Nejedly, Rainey, Hockett, Menesini None None 14. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None 1 5. CLOSED SESSION a. 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. Those matters are: 1 ) Crescent Drive, Orinda land movement 2) Paulson v. Board of Retirement, Contra Costa County Superior Court No. C96-02930. b. 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. There is one potential case. At 6:32 p.m., President Menesini declared the closed session to discuss litigation pursuant to Government Code Sections 54956.9(b) and (c) as noted above. At 7:20 p.m., President Menesini concluded the closed session and reconvened the meeting into open session. 02 06 97 42 16. REPORT OF DISCUSSIONS IN CLOSED SESSION Mr. Kenton L. Aim, Counsel for the District, stated that no decisions were made nor votes taken in closed session which require reporting at this time. 17. ADJOURNMENT There being no further business to come before the Board, President Menesini adjourned the meeting at the hour of 7:20 p.m. /116AFio vf/l, ~~ President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 02 06 97