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HomeMy WebLinkAboutBOARD MINUTES 03-18-93 53 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MARCH 18, 1993 The District Board of the Central Contra Costa Sanitary District convened in a regular meeting at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 3 p.m. on March 18, 1993. President Clausen called the meeting to order ~nd requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Menesini, Dalton, Hockett, Rainey, Clausen 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 r., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 93-012 accepting work and offers of dedication from Laurel Cottage Partners, Job No. 4877, Parcel 2, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: Rainey, Hockett, Menesini, Dalton, Clausen NOES: Members: None ABSENT: Members: None b. Resolution No. 93-013 accepting work and offers of dedication from Exxon Corporation, Job 4630, Parcell, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: Rainey, Hockett, Menesini, Dalton, Clausen NOES: Members: None ABSENT: Members: None c. Resolution No. 93-014 accepting work and offers of dedication from Airline Foods, Inc., Job No. 4630, Parcel 2, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: Rainey, Hockett, Menesini, Dalton, Clausen NOES: Members: None ABSENT: Members: None 03 18 9::$ 54 d. Resolution No. 93-015 accepting work and offers of dedication from Rancho Colorados Club, Job 4691, Parcel 4, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: Rainey, Hockett, Menesini, Dalton, Clausen NOES: Members: None ABSENT: Members: None e. Resolution No. 93-016 accepting work and offers of dedication from Dean R. Fenton, et ux, Job 4691, Parcel 5, was adopted and recording was authorized. Motion unanimously approved on the fòllowing vote: AYES: Members: Rainey, Hockett, Menesini, Dalton, Clausen NOES: Members: None ABSENT: Members: None 1. Resolution No. 93-017 accepting work and offers of dedication from U.D.C. Universal Development, L.P., Job 4748, Parcel 1, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: Rainey, Hockett, Menesini, Dalton, Clausen NOES: Members: None ABSENT: Members: None g. Resolution No. 93-018 accepting work and offers of dedication from U.D.C. Universal Development, L.P., Job 4748, Parcel 2, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: Rainey, Hockett, Menesini, Dalton, Clausen NOES: Members: None ABSENT: Members: None h. Resolution No. 93-019 accepting work and offers of dedication from Russell J. Bruzzone, et ux, Job No. 4809, Parcel 1, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: Rainey, Hockett, Menesini, Dalton, Clausen NOES: Members: None ABSENT: Members: None I. 03 1R Resolution No. 93-020 accepting work and offers of dedication from Ray DeGennaro, et ux, Job No. 4861 , Parcel 1, was adopted and recording was authorized. 9:-1 55 Motion unanimously approved on the following vote: AYES: Members: Rainey, Hockett, Menesini, Dalton, Clausen NOES: Members: None ABSENT: Members: None j. Resolution No. 93-021 accepting work and offers of dedication from Robert D. Johnson, et ai, Job No. 4930, Parcel 2, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: Rainey, Hockett, Menesini, Dalton, Clausen NOES: Members: None ABSENT: Members: None k. Resolution No. 93-022 accepting an easement at no cost to the District from John I. Gilbert, et ux, Diablo area, Job No. 4925, Parcel 4, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: Rainey, Hockett, Menesini, Dalton, Clausen NOES: Members: None ABSENT: Members: None I. The Quitclaim Deed to Thomas C. O'Higgins, et ux, Job No. 4119, Orinda area, 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. 93-023 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Rainey, Hockett, Menesini, Dalton, Clausen NOES: Members: None ABSENT: Members: None m. The Sewer Easement Agreement with East Bay Municipal Utility District (EBMUD), Job No. 4782, Pleasant Hill area, was approved, the President of the District Board of Directors and the Secretary of the District were authorized to execute and record said Agreement, and Resolution No. 93- 024 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Rainey, Hockett, Menesini, Dalton, Clausen NOES: Members: None ABSENT: Members: None n. The Quitclaim Deed to East Bay Municipal Utility District (EBMUD), Job No. 1536, Pleasant Hill area, 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. 93-025 was adopted to that effect. 03 18 93 56 Motion unanimously approved on the following vote: AYES: Members: Rainey, Hockett, Menesini, Dalton, Clausen NOES: Members: None ABSENT: Members: None o. Authorization was given for P.A. 93-3 (Walnut Creek) and P.A. 93-4 (Danville) to be included in a future formal annexation to the District. Motion unanimously approved on the fQllowing vote: AYES: Members: Rainey, Hockett, Menesini, Dalton, Clausen NOES: Members: None ABSENT: Members: None p. The purchase of State-owned Parcel 10254-01-01 from the State of California, Department of Transportation, in the amount of $1,000, was approved, District staff was authorized to execute all appropriate documents, and Resolution No. 93-026 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Rainey, Hockett, Menesini, Dalton, Clausen NOES: Members: None ABSENT: Members: None q. The attendance of Lynne Putnam, Senior Engineer for the Planning Division, was authorized at the May 23-26, 1993 Water Environmental Federation (WEF) Specialty Conference in Whippany, New Jersey, at a cost of $950. Motion unanimously approved on the following vote: AYES: Members: Rainey, Hockett, Menesini, Dalton, Clausen NOES: Members: None ABSENT: Members: None r. The report on the settlement of Christopher Boccard/Allstate Insurance claim for damages was presented for the Board's information. No action was taken. 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 5. BIDS AND AWARDS AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO D' ARCY & HARTY FOR THE NO DIG UPSIZING PROJECT. DP 9558 a. Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that a wide range of bids were received as can be noted on the summary of bids. Miller Pipeline, Inc., the high, or sixth place bidder at $1,376,628.56, has submitted two letters of protest, one dated February 19, 1993 and one dated March 15, 1993. Copies of the letters were provided to the Board with the agenda packet. Both letters protest the award and raise certain objections to the specifications and administration of the project. Staff has reviewed the protest letters and finds them without merit. It is recommended that award of the 03 18 93 57 construction contract for the No Dig Upsizing Project be authorized to D' Arcy & Harty, the low bidder. In response to a question from Member Rainey, Mr. Dolan described the differences in the no dig technologies bid by D' Arcy & Harty and Miller Pipeline, Inc. It was moved by Member Rainey and seconded by Member Menesini, that award of contract be authorized to D' Arcy & harty, the lowest responsible bidder, in the amount of $673,380, for construction of the No Dig Upsizing Project, DP 9558. Motion unanimously approved on the following roll call vote: AYES: Members: Rainey, Menesini, Dalton, Hockett, Clausen NOES: Members: None ABSENT: Members: None b. AUTHORIZE AWARD OF PURCHASE ORDER FOR FURNISHING ONE GAS TURBINE/GENERATOR TO SOLAR TURBINES. INCORPORATED Mr. Dolan, General Manager-Chief Engineer, stated that this is the second time the Board has seen this particular item. The first bid was complicated by the fact that both bids received were declared non-responsive and rejected because both bidders conditioned their bids with qualifying language that materially changed the bid request documents. The bid documents were modified and the bids submitted contain no substantial variances. Staff would recommend award to the low bidder, Solar Turbines, Incorporated. In response to a question from President Clausen concerning the priority of the project in relation to the other projects in the Capital Improvement Budget, Mr. Dolan stated that the gas turbine/generator is part of the Co-Generation Project. The economic projections of the Co-Generation Project are very favorable to the District. Following discussion, it was moved by Member Dalton and seconded by Member Menesini, that award of the purchase order for furnishing one gas turbine/generator in the amount of $2,113,841, be authorized to Solar Turbines, Incorporated, as the lowest responsible bidder, and that $2,200,000 be authorized from the Treatment Plant Program. Motion unanimously approved on the following roll call vote: AYES: Members: Dalton, Menesini, Hockett, Rainey, Clausen NOES: Members: None ABSENT: Members: None c. APPROVE RELIEF OF BID REQUEST FROM PRESTON PIPELINES. INC.. AND AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO D.W. YOUNG CONSTRUCTION COMPANY. INC.. FOR THE LEGION COURT SEWER REPLACEMENT PROJECT. DP 4910 Mr. Dolan, General Manager-Chief Engineer, stated that when the bids for the Legion Court Sewer Replacement Project were opened, it was apparent that there was a problem with the Preston Pipelines bid. A legal and technical review determined that there were clerical and arithmetic errors resulting from the low bidder's use of a new piece of software. Staff would recommend approval of the relief of bid request from Preston Pipelines and award to D.W. Young, the lowest responsible bidder. It was moved by Member Rainey and seconded by Member Hockett, that the request for relief of bid from Preston Pipelines, Inc. be approved; that staff be directed to return Preston Pipelines' bid bond; and that award of contract be authorized to D.W. Young Construction Company, Inc., the lowest respohsible bidder, in the amount of $467,370 for the construction of the Legion Court Sewer Replacement Project, DP 4910. Motion unanimously approved on the following roll call vote: 03 18 93 58 AYES: Members: Rainey, Hockett, Menesini, Dalton, Clausen NOES: Members: None ABSENT: Members: None a. 6. SOLID WASTE ADOPT A RESOLUTION APPROVING MEMORANDUM OF AGREEMENT AND WORK PLAN BETWEEN CONTRA COSTA COUNTY AND THE CONTRA COSTA SOLID WASTE AUTHORITY (CCSWA) AND AUTHORIZE MEMBER RAINEY. THE DISTRICT'S CCSWA REPRESENTATIVE. TO EXECUTE SAID DOCUMENT Member Rainey stated that this is a momentous occasion for the Contra Costa Solid Waste Authority (CCSWA) and the culmination of several years of work. An agreement has been reached whereby Contra Costa County will join the Authority on a contractual basis for a period of three to five years with review after the first six months. A three- phase work program has been developed and is also presented for approval. Discussion followed with regard to the objections of the City of Concord and the position taken by the City in the past. In response to questions posed by Member Menesini, Member Rainey stated that the purpose of CCSWA is to save the ratepayers money by eliminating redundancy, providing better coordination of solid waste activities, and better planning including the number and sizing of transfer stations and similar facilities. Member Menesini stated that he would like more assurance from the County as to what they will do, indicating that he has seen little improvement in the solid waste area and sees no reason to try to improve the relationship with the County at this time. Following discussion, it was moved by Member Rainey and seconded by Member Hockett, that Resolution No. 93-027 be adopted, approving the Memorandum of Agreement and Work Plan between Contra Costa County and the Contra Costa Solid Waste Authority, and that Member Rainey, the District's CCSWA representative, be authorized to execute said documents. Motion approved on the following roll call vote: AYES: Members: Rainey, Hockett, Dalton, Clausen NOES: Members: Menesini ABSENT: Members: None 7. ADMINISTRATIVE ADOPT AN ORDINANCE AMENDING THE DISTRICT'S CONFLICT OF INTEREST CODE a. Ms. Joyce E. Murphy, Secretary of the District, stated that Contra Costa County, the District's code reviewing body, recently changed the filing period for the District's Conflict of Interest Code from February 28 to April 30. It would be appropriate to amend the District Code to conform to the change. It was moved by Member Dalton and seconded by Member Menesini, that Ordinance No. 1 84 be adopted, amending the Central Contra Costa Sanitary District Conflict of Interest Code to conform to the change in filing date approved by the Contra Costa County Board of Supervisors. Motion unanimously approved on the following roll call vote: AYES: Members: Dalton, Menesini, Hockett, Rainey, Clausen NOES: Members: None / ABSENT: Members: None 03 18 93 59 8. PERSONNEL GENERAL MANAGER-CHIEF ENGINEER EMPLOYMENT CONTRACT a. Member Menesini stated that due to the uncertainties facing the District, he would propose that the Employment Contract with the General Manager-Chief Engineer be for a term of three years rather than five years. Mr. Dolan, General Manager-Chief Engineer, explained that the term of five years was suggested to remove it from the cycle of contract negotiations with the bargaining groups. However, Mr. Dolan stated that a three-year contract would be acceptable. Following discussion, it was moved by Member Dalton and seconded by Member Menesini, that a four-year Employment Contract for the General Manager-Chief Engineer be approved effective July 1, 1993 through June 30, 1997, and that the President of the Board of Directors be authorized to execute said Employment Contract. The motion failed to pass on the following roll call vote: AYES: Members: Dalton, Menesini NOES: Members: Hockett, Rainey, Clausen ABSENT: Members: None Member Rainey stated that while everyone is concerned with the uncertainties facing the District, it is impossible to imagine that the District will not have a General Manager-Chief Engineer in three or four years. Member Rainey endorsed the five-year Employment Contract, stating Mr. Dolan is an excellent General Manager-Chief Engineer. The General Manager-Chief Engineer works at the pleasure of the Board and can be terminated if there is some problem in the future. It was moved by Member Dalton and seconded by Member Hockett, that the five-year Employment Contract for the General Manager-Chief Engineer be approved effective July 1, 1993 through June 30, 1998, and that the President of the Board of Directors be authorized to execute said Employment Contract. The motion was unanimously approved on the following roll call vote: AYES: Members: Dalton, Hockett, Menesini, Rainey, Clausen NOES: Members: None ABSENT: Members: None Mr. Dolan thanked the Board for their consideration. 9. LEGAL/LITIGATION DENY CLAIM FOR PROPERTY DAMAGE FROM ROBERT C. KENNEDY a. It was moved by Member Rainey and seconded by Member Dalton, that the claim of Robert C. Kennedy for property damage of $1,800 be denied and referred to staff for further action as required. There being no objection, the motion was unanimously approved. 10. CORRESPONDENCE a. NOTE RECEIPT OF LETTER FROM MS. ROSEMARY BREDAHL. LAFAYETTE RESIDENT. IN RESPONSE TO FEBRUARY 8. 1993 LETTER FROM DISTRICT RESPONDING TO HER CONCERNS WITH VALLEY WASTE MANAGEMENT RATES: CONSIDER DRAFT RESPONSE Mr. Dolan, General Manager-Chief Engineer, stated that a series of letters between Ms. Bredahl and the District have been exchanged. Ms. Elaine Jacobs, Assistant Engineer - Solid Waste, called Ms. Bredahl but she still has concerns, the main one being with the 03 18 93 60 rigor with which the District analyzes the financial statements of the franchisee. Mr. Dolan stated his belief that the District does a'very rigorous job in that area. Member Rainey stated that she was impressed with the attention and detail expressed in these letters from the ratepayers with regard to this issue. Following discussion, it was the consensus of the Board that receipt of the letter from Ms. Rosemary Bredahl, Lafayette resident, in response to the February 8, 1993 letter from the District responding to her concerns with Valley Waste Management rates, be noted and the draft response be approved. b. NOTE RECEIPT OF LETTER FROM MR. ALAN M. POLANGER. ORINDA RESIDENT. EXPRESSING CONCERN WITH THE ORINDA-MORAGA DISPOSAL. INC. REDUCTION IN SEASONAL CLEANUPS FROM THREE TIMES A YEAR TO TWO: CONSIDER DRAFT RESPONSE It was the consensus of the Board that receipt of the letter from Mr. Alan M. Polanger, Orinda resident, expressing concern with the Orinda-Moraga Disposal, Inc. reduction in seasonal cleanups from three times a year to two be noted and the draft response be approved. c. NOTE RECEIPT OF LETTER FROM MS. VIRGINIA UNTIEDT. WALNUT CREEK RESIDENT. REGARDING BILL FOR UNPAID SEWER SERVICE CHARGE: DIRECT STAFF TO PREPARE A RESPONSE Mr. Dolan, General Manager-Chief Engineer, stated that the Board was previously advised that staff did an audit of District records and found some unbilled accounts. Ms. Untiedt is one of the customers who was put on the tax rolls this year. In addition, if we continue our current plan for handling backcharges, Ms. Untiedt may be billed for three prior years back Sewer Service Charge. It was the consensus of the Board that receipt of the letter from Ms. Virginia Untiedt, Walnut Creek resident, regarding bill for unpaid Sewer Service Charge be noted and that staff be directed to prepare a response. Mr. Dolan indicated that he would like to discuss further with the Board the back billing issue. d. CONSIDER DRAFT RESPONSE TO MR. JOHN A. NEJEDL Y'S FEBRUARY 22. 1993 LETTER CONCERNING THE TRI-VALLEY WASTEWATER AUTHORITY (TWA) PROPOSED PROJECT Following discussion, the draft response to Mr. John A. Nejedly's February 22, 1993 letter concerning the Tri-Valley Wastewater Authority (TWA) proposed project, was approved. e. NOTE RECEIPT OF LETTER FROM MR. JOHN A. NEJEDLY. OF WALNUT CREEK. CONCERNING THE TRI-VALLEY WASTEWATER AUTHORITY (TWA) PROPOSED PROJECT Mr. Dolan, General Manager-Chief Engineer, stated that at the March 4, 1993 Board Meeting, there was a Board decision to advise Tri-Valley Wastewater Authority (TWA) with regard to the sizing of the northern-most segment of the Pleasant Hill Interceptor. Mr. Dolan stated that at that time it was his understanding that the communication to TW A was to be at the staff level; however, Member Menesini requested that the response be brought back to the full Board for approval and signature by the President of the Board. Member Menesini stated that he believes this letter should be signed by the President of the Board because by downsizing the Pleasant Hill Interceptor, the District is in fact advising TWA that there is not sufficient capacity for them. President Clausen disagreed, stating that the reason the Pleasant Hill Interceptor was not upsized was that no proposal was received from TWA. Mr. Dolan stated that staff will prepare a draft response for Deputy Chief Engineer Mr. Robert Baker's signature since this is an engineering issue; however, the draft response will be brought back to the Board for review. The Board concurred. 03 18 93 61 f. NOTE RECEIPT OF LETTER FROM MR. GENE WOLFE. MAYOR OF THE CITY OF WALNUT CREEK. REQUESTING INFORMATION CONCERNING THE PLEASANT HILL SEWER OVERFLOW PROTECTION PROJECT: CONSIDER DRAFT RESPONSE It was the consensus of the Board that receipt of the letter from Mr. Gene Wolfe, Mayor of the City of Walnut Creek, requesting information concerning the Pleasant Hill Sewer Overflow Protection Project be noted and that the draft response be approved. g. NOTE RECEIPT OF LETTER FROM MR. MARVIN J. TERRELL. SENIOR BUSINESS REPRESENTATIVE. CARPENTERS AND JOINERS OF AMERICA - LOCAL NO. 152. RECOMMENDING USE OF LOCAL CONTRACTORS Mr. Terrell received the customary response from the Secretary of the District. Mr. Dolan, General Manager-Chief Engineer, stated that he does not see any need to respond further. It was the consensus of the Board that the letter from Mr. Marvin J. Terrell, Senior Business Representative, Carpenters and Joiners of America - Local No. 152, recommending use of local contractors, be noted. 11. APPROVAL OF MINUTES MINUTES OF JANUARY 28. 1993 a. It was moved by Member Hockett and seconded by Member Dalton, that the minutes of the Adjourned Regular Meeting of January 28, 1993, be approved as presented. The motion was approved with Members Rainey and Clausen abstaining because they were not present at the meeting of January 28, 1993. b. MINUTES OF FEBRUARY 18. 1993 It was moved by Member Rainey and seconded by Member Dalton, that the minutes of February 18, 1993, be approved as presented. The motion was approved with Members Menesini and Clausen abstaining because they were not present at the meeting of February 18, 1993. 12. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED MARCH 18. 1993 Member Menesini, member of the Budget and Finance Committee, stated that he and Member Hockett reviewed the expenditures and found them to be satisfactory. It was moved by Member Hockett and seconded by Member Menesini, that the Expenditure List dated March 18, 1993, including Self-Insurance Check Nos. 100671- 100672, Running Expense Check Nos. 74080-74310, and Sewer Construction Check Nos. 12181-12253, be approved as recommended. There being no objection, the motion was unanimously approved. 13. BUDGET AND FINANCE a. RECEIVE FEBRUARY 1 993 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance expenses for the month of February 1993, noting that expenditures were $93,000 less than budget, representing a 4.3 percent favorable variance. For the eight months ended February 28, 1993, expenditures were $992,000 less than budget, representing a 5.4 percent favorable variance. Ms. Ratcliff reported that the District's temporary investments were held in Treasury bills and Treasury notes and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 4.2 percent to 6.2 percent. The latest interest rate was 4.2 percent. The average yield for the LAIF account was 4.67 percent. 03 18 9:i 62 President Clausen noted that there is a 2 percent shortfall in revenues; however, expenditures are down by slightly more than 5 percent. Mr. Dolan, General Manager- Chief Engineer, stated that District staff has a target to come in at 3 percent underexpended for the year. President Clausen inquired whether the County holds back Sewer Service Charge delinquencies or whether the full amount is forwarded to the District. Mr. Paul Morsen, Deputy General Manager, stated that staff will investigate and report back at the next Board Meeting. President Clausen indicated that the February 1993 Financial Statements were duly received. b. 1992-1993 CAPITAL IMPROVEMENT PROGRAM MID-YEAR STATUS REPORT Mr. Jarred Miyamoto-Mills, Principal Engineer, stated that it has been the practice since the Capital Improvement Budget (CIB) Program was instituted several years ago to report on its performance over the first six months of the year. Mr. Miyamoto-Mills summarized CIB revenues and expenditures and major projects for the first six months of the fiscal year. Mr. Miyamoto-Mills noted that actual CIB revenues are anticipated to be $17 million compared to a budget of $26.2 million or, $9.2 million less than budget at fiscal year end. Actual expenditures at fiscal year end are projected to be $22 million compared to a budget of $40 million, or $18 million less than budget. Based on the anticipated CIB revenues and expenditures, the Sewer Construction Fund balance at June 30, 1993 is projected to be $63 million. President Clausen thanked Mr. Miyamoto-Mills for the informative report and noted that the 1992-1993 Capital Improvement Program Mid-Year Status Report was duly received. 14. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 1 5. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that one of the areas of environmental science where more information is greatly needed deals with sources of toxic metals within sewerage systems. The conventional wisdom holds that industrial sources are reduced to a practical minimum and quite well quantified. The bulk of the metals in most systems come from residential customers. Within the households, the sources of pollutants are not known. Without this kind of knowledge, there is no framework on which to base an effective pollution prevention program. A few years ago, Central San posed this question to the Bay Area Dischargers Association (BADA) and consultant Larry Walker was hired to design an analytical study and work with the District to obtain State grant funds for this work. Progress has been made. Mr. Dolan introduced Mr. Bart Brandenburg, Source Control Superintendent, who reported on the Residential Metals Study which began in July 1992 and is scheduled to be completed by the end of the year. Environmental Protection Agency (EPA) grant funds were obtained to cover the costs of the consultant for this work. The District is contributing sampling and testing. The Study will address effluent quality concerns, especially with regard to mercury and copper, gather information to enable the District to meet future effluent requirements, and provide information concerning the residential contribution to the flow. The project goals are: Phase I: To quantify amounts of 10 metals coming from residences; Phase II: Through past and present research, to determine where metals are originating within residences; and 03 18 93 63 Phase III: To recommend source reduction measures. Phase I findings indicate that residences contribute very little silver and selenium; that almost all arsenic is from residences; that residences contribute 40 percent to 60 percent of other metals; and of primary concern to the District, that 50 percent of the copper and 40 percent of the mercury originate in residences. Mr. Brandenburg stated that the Phase" approach will include District studies of tap water, laundry' gray water, and using copper sulfate (bluestone) as an algaecide in municipal water reservoirs. Other possible studies include food waste, shower water, and water heaters. Member Menesini asked if an effort had been made to isolate contributors such as educational institutions. Mr. Brandenburg stated that the study of educational institutions had not been done but that it would be a good idea. Member Menesini stated that many homes isolate gray water from clean water and asked if gray water parallel systems have been tested. Mr. Brandenburg indicated that it would be very helpful to be able to test a gray water parallel system but to date that has not been done. In response to a question from Member Menesini, Mr. Brandenburg stated that hourly samples were taken 24-hours a day for a week. A sample was taken every 1,000 gallons. Member Menesini indicated that Lindsay Museum has funding for these kinds of efforts that may be used in conjunction with the District's work. President Clausen thanked Mr. Brandenburg for his interesting and informative presentation. 2) Mr. Dolan, General Manager-Ctiief Engineer, stated that the District is fortunate to have a highly professional and very productive laboratory organization. They have been very innovative over the years and under Laboratory Superintendent Bhupinder Dhaliwal's leadership implementing new and sophisticated technology to keep up with requirements to measure ever lower concentrations of metals and organics. Member Menesini has expressed an interest in learning more about laboratory activities and data. A meeting has been scheduled for tomorrow afternoon to tour the laboratory. Anyone interested is invited to attend. Mr. Dolan introduced Mr. Charles W. Batts, Plant Operations Department Manager, who described the work of the chemists and the growing workload that has evolved over the last ten years. There has always been a laboratory function as part of the Treatment Plant. The laboratory is staffed by chemists certified by the State of California doing very technical analytical work. The laboratory budget of $1.1 million is approximately 8 percent of the Plant Operations Department budget. Over the last ten years the laboratory staff has grown from five to eight people while analyses have increased from about 1,500 to over 5,000 per month. The function of the laboratory is to verify that the Di,strict is achieving compliance by: . Monitoring plant operations; . Verifying permit compliance; . Enforcing District limits such as source control requirements; . Doing creek testing, receiving water testing, etc. to ensure the environment is being protected; and To a small extent, the District has been able to lower the net cost operating expense and help neighboring agencies by contracting the District's expertise. 03 18 93 64 03 Mr. Batts reviewed the changes in limits between 1984, 1989, and 1993, noting that measurements are now made in parts per trillion. A significant portion of the work done at the laboratory is Quality Assurance and Quality Control (QA/QC) work, verifying that the work done by the laboratory is accurate and verifying the data. This is done by using outside laboratories for verification, through participation in the EPA study, and doing reference samples. Most of the OA/QC work in done in house. Reports are made to the Regional Board and the EPA on the District's NPDES permit on a monthly and an annual basis; and in some cases; reports are filed on an exception basis. The Department of Health Services and the Department of Fish and Game also monitor the District's operations. Mr. Batts stated that the laboratory is broken down into three sections: the chemistry laboratory, the bacteriological laboratory, and the biomonitoring laboratory. Mr. Batts discussed the types of work done in each section. Mr. Batts reported that the laboratory is also involved in some outside work such as biomonitoring for the Bay Area Dischargers Association (BADA), the Regional Effects Monitoring Plan for the Regional Board, and the Water Environment Federation Research Institute's efforts in the area of toxicity. Following discussion, President Clausen thanked Mr. Batts for the informative report and invited anyone interested to attend the tour of the laboratory facilities tomorrow. 3) Mr. Dolan, General Manager-Chief Engineer, reported that the District received a copy of a letter from a citizen directed to the Executive Officer of the Regional Water Quality Control Board (RWQCB) relative to the wet weather overflows that occurred in Moraga Way, Orinda, during the January storms. The letter asked the RWQCB what actions they would take to prevent overflows due to the proposed Gateway project. The District was aware of the flow capacity problem in the Moraga Way pipeline and has had a capacity increase project in the Capital Improvement Program scheduled for construction in 1996. Sewer overflows are a special concern in Orinda now because of the Gateway Project. The District is particularly sensitive to overflows in this area because it is the watershed for municipal water supply reservoirs. 4) Mr. Dolan announced that the District will be receiving sealed bids in the near future for the sale of nine surplus vehicles. 5) Mr. Dolan stated that both Board Members Hockett and Menesini have been actively working with the educational community in developing public education programs consistent with planned District programs. Encouraging progress is being made. 6) Mr. Dolan announced that Deputy General Manager Paul Morsen and Central Contra Costa Solid Waste Authority (CCCSWA) Interim Executive Director Fred Davis will be visiting disposal and transfer station facilities in the States of Washington and Utah in the near future. The expenses will be paid by the District and billed to .CCCSW A. 7) Mr. Dolan announced that he and Messrs. Kent Aim and Paul Morsen met with representatives of Browning Ferris Industries (BFI) to discuss the status of the Pleasant Hill Bay Shore franchise. BFI inferred to the District that the Olneys are no longer associated with Pleasant Hill Bay Shore. However, it was learned that Mr. Boyd Olney is still the official President of Pleasant Hill Bay Shore, a subsidiary of BFI. District staff will be checking on County plans for franchising this area and the actual ownership and managerial responsibility for the company. 8) Mr. Dolan announced that Mr. Russ Leavitt, Planning Assistant, will be attending a National Planning Conference in Chicago, Illinois in May. The conference was not budgeted. Mr. Leavitt has asked that the District pay 1-8 93 10) 11 ) 65 for the registration cost and for his time of attendance. Mr. Leavitt will pay for the travel and lodging costs. 9) Mr. Dolan announced that the firm of Bartle Wells, the consultant on financial matters for the Tri-Valley Wastewater Authority (TWA), has completed their report on the TWA/CCCSD option for sewerage service. The District has been furnished with a copy of the report. Mr. Dolan stated that unless the Board directs otherwise, no staff time will be spent in reviewing this report since TWA is now pursuing other options. Mr. Dolan inquired whether any Board Members wish to have a key to the caucus room. Member Menesini has suggested that it would be a convenient and quiet place to work. There being no response, Mr. Dolan stated that a key will be made for Member Menesini. Mr. Dolan stated that further work has been done on the text of the rate increase post card irlcorporating the constructive ideas expressed by the Board. However, since this mattèr was last discussed with the Board, staff has been engaged in serious efforts to trim costs in reaction to the anticipated loss of the $8.8 million ad valorem tax revenue. The latest estimate for the cost of the post card is about $53,000. Mr. Dolan questioned whether any potential benefit is worth this cost given the other needs of the District. Following discussion, it was the consensus of the Board that the decision to send the post card be delayed until the State's decision is known with regard to the ad valorem tax revenue. b. COUNSEL FOR THE DISTRICT 1 ) 2) Authorization was confirmed for District Counsel to engage the services of a special insurance counsel in the Acme litigation. Authorization to join the Joint Municipal Solid Waste Defense Group in the Acme litigation and payment of the District's respective contribution were confirmed. c. SECRETARY OF THE DISTRICT 1 ) Following consideration of the May and June Board Meeting schedule, a budget and rate setting hearing was tentatively set for 3 p.m. on Thursday, June 10, 1993. d. BOARD MEMBERS 2) None 1 ) Member Rainey reported on the March 17, 1993 meeting of the AB 939 Task Force at which the schedule for adoption of the County Integrated Waste Management Plan and implementation of the County's Household Hazardous Waste Mobile Collection Program were discussed. Member Rainey reported on the March 18, 1993 Fiscal Unity Committee meeting. The Fiscal Unity Committee has adopted a work program and has requested that special districts adopt a resolution supporting the work program. Member Rainey requested that this matter be calendared on the April 1, 1993 Board Meeting agenda. Member Rainey stated that the Fiscal Unity Committee also considered Measure A proposed by Supervisor McPeak. This matter will be considered by the Board of Supervisors at 10 a.m. on March 23, 1993. It was the consensus of the Board that a District representative comment on Measure A at the March 23, 1993 Board of Supervisors Meeting. 16. ANNOUNCEMENTS 03 93 18 66 17. CLOSED SESSION REAL ESTATE NEGOTIATIONS 1. With respect to real estate negotiations, the closed session was held pursuant to Government Code Section 54956.8. The real property which the negotiations may concern is the Caltrans taking of a portion of the District's property at 1250 Springbrook Road, Walnut Creek. The District's negotiators may negotiate with the Caltrans right-of- way representatives including Mr. John Donovan, attorney for Caltrans. 2. 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. The title of the litigation is Helix v. Southern Pacific Transportation Company. At 5:50 p.m., President Clausen declared the closed session to discuss real estate negotiations pursuant to Government Code Section 54956.8 and litigation pursuant to Government Code Section 54956.9(c). At 6: 18 p.m., President Clausen concluded the closed session and reconvened the meeting into open session. 18. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED None 1 9. ADJOURNMENT There being no further business to come before the Board, President Clausen adjourned the meeting at the hour of 6:18 p.m. to reconvene at 2 p.m. on Thursday, March 25, 1993 for an Adjourned Regular Board Meeting and to reconvene at 6:30 p.m. on Thursday, March 25, 1993 for a meeting of the Sanitation and Water Agencies of Contra Costa County to discuss areas of mutual concern. President the Board of Directors, entra ontra Costa Sanitary District, nty of Contra Costa, State of California COUNTERSIGNED: S cr t y of the Central Co tra Co a Sanitary District, County of Contra Costa, State of California 03 18 9ii