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HomeMy WebLinkAboutBOARD MINUTES 03-20-97 80 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MARCH 20, 1997 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 2:04 p.m. on March 20, 1997. President Menesini called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Nejedly, Hockett, Boneysteele, Menesini ABSENT: Members: Rainey Member Rainey had previously advised that she would be unable to attend this meeting and had requested to be excused. 2. PUBLIC COMMENTS None 3. CONSENT CALENDAR Following discussion of the requested Medical Leave of Absence without Pay, it was moved by Member Boneysteele and seconded by Member Nejedly, that the Consent Calendar, consisting of Items a. through e., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Grant of Easement was accepted from Judith A. Feldman as part of the Lakewood Sewer Renovation Project, DP 4805, staff was authorized to record said Grant of Easement with the Contra Costa County Recorder, and Resolution No. 97-051 was adopted to that effect. Motion approved on the following vote: AYES: Members: Boneysteele, Nejedly, Hockett, Menesini NOES: Members: None ABSENT: Members: Rainey b. Grants of Easement were accepted from Gregory C. Cable and Alyssa Postlewait, Corrine Ann Lampke, Jivendra K. Kale and Patricia I. Kale, Wayne Robbins, Jr., Lloyd W. Gossen and Deanna Gossen, Paul T. Hefferman and Shirley M. Hefferman, and Edward D. Millpointer and Joy L. Millpointer for the South Orinda Sewer Improvements Project, DP 4928; staff was authorized to record said Grants of Easements with the Contra Costa County Recorder; and Resolution Nos. 97-052. 97-053. 97-054. 97- 055. 97-056. 97-057. and 97-058 were adopted to that effect. Motion approved on the following vote: AYES: Members: Boneysteele, Nejedly, Hockett, Menesini NOES: Members: None ABSENT: Members: Rainey 03 20 97 None a. 81 c. The contract work for the construction of the Repair M4-A Force Main Project (DP 9588) in Martinez was accepted, and the filing of the Notice of Completion was authorized. Motion approved on the following vote: AYES: Members: Boneysteele, Nejedly, Hockett, Menesini NOES: Members: None ABSENT: Members: Rainey d. April 17, 1997 at 2:00 p.m. was established as the date and time for a public hearing to consider the establishment of the Gary Way Contractual Assessment District No. 97-1 pursuant to California Constitution, Article XIII D, Section 4, and Streets and Highways Code Sections 5898.20 and 5898.24, and Resolution No. 97-059 was adopted to that effect; and Resolution Nos. 97-060 and 97-061 were adopted to clarify intent related to exclusion of public lands from benefit. Motion approved on the following vote: AYES: Members: Boneysteele, Nejedly, Hockett, Menesini NOES: Members: None ABSENT: Members: Rainey e. Medical Leave of Absence without Pay was authorized for Mr. Gordon Trapp, Utility Worker, through April 14, 1 997. Motion approved on the following vote: AYES: Members: Boneysteele, Nejedly, Hockett, Menesini NOES: Members: None ABSENT: Members: Rainey 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER 5. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. RogerJ. Dolan, General Manager-Chief Engineer, stated that over the next few months, the Board will be considering a number of rates and fees. In the wake of Proposition 218 (Right to Vote on Taxes Initiative), staff has conducted a study of the District's rate structure to ensure that, to the best of our ability, a rate-setting process is presented to the Board that would comply with the new law. Mr. Dolan introduced Mr. Jarred Miyamoto-Mills, Principal Engineer, who stated that a Task Force, comprised of Messrs. Kent Aim, Robert Baker, Mark Cornelius, Doug Craig, Russ Leavitt, Jay McCoy, Jarred Miyamoto-Mills, and Ms. Debbie Ratcliff, was formed to review Proposition 218 as it relates to the District's revenue sources. Proposition 218 was passed by the voters on November 5, 1996. It requires that "property-related" fees, charges, and assessments comply with requirements for: . Public Notice, hearings, and votes. 03 20 97 82 03 20'-. '-' . Relationship between cost of providing services and amount of fee, charge, or assessment. . Existing revenue sources must be reviewed by July 1, 1997. Mr. Miyamoto-Mills stated that the Task Force reviewed the District's existing revenue sources, and determined that the following revenue sources are not covered by Proposition 218: . Property Taxes . Contractual Reimbursements (for example, relocations for CalTrans) . Interest Income . Recoveries from Insurance or Litigation . Lease/Rental Income . Source Control Fines In addition, the following fees and charges were found to be exempt from Proposition 21 8: . City of Concord Capital and O&M Income . Plan Review, Inspection and Permit Fees . Stormwater Program Payments . Household Hazardous Waste Collection Facility Payments by "partners" such as Mt. View Sanitary District and the City of San Ramon . Recycled Water Sales . Septage and Grease Dumping Charges Mr. Miyamoto-Mills stated that existing assessments for sewers (Local Improvement Districts) are "grandfathered." Future assessments must comply with Proposition 218 which requires an Engineer's Report, mailed notice with mail-in ballots, and a public hearing and majority of mailed in ballots favoring the proposed assessment. The ballots are to be weighted by the cost impact of the proposed assessment. Mr. Miyamoto-Mills stated that Annexation Charges and Connection Fees may be subject to Proposition 218, so further study is needed. In the interim, it is recommended that the District: . Comply with the conceptual and procedural requirements, including staff report and Board findings on existing fees and charges prior to July 1, 1997. . State in the Resolution of Findings that compliance is voluntary and "nonprecedential. " . Make applicability determination prior to establishing a new fee or increasing existing fees. Mr. Miyamoto-Mills stated that Sewer Service Charges may be subject to Proposition 218. Therefore, it is recommended that: . A staff report be submitted to the Board for finding, prior to July 1, 1997, that existing charges: 97 83 1 ) Reflect the cost of service. 2) Are used for the purpose intended when the charge was imposed. 3) Do not produce revenue in excess of the cost of service. 4) Are not UStandby Charges. U . Notice be given to property owners prior to the next increase. Mr. Miyamoto-Mills stated that the cost and schedule implications of notice requirements indicate that the O&M Budget preparation should be concluded one month earlier than currently scheduled, and that $25,000 should be budgeted in future years to cover the contingency that a notice to all property owners may be needed. Following discussion, Mr. Dolan stated that the O&M Budget will be provided to the Board as soon as it is available to help the Board determine whether a Sewer Service Charge increase is necessary this year. In addition, mailing of the District newsletter will be delayed so that it can be used to provide at least one component of the required notice to District customers should it be necessary. Mr. Dolan noted that it may also be necessary to provide notice to property owners who do not reside at the address of the connected building that they own if an increase is necessary. President Menesini thanked Mr. Miyamoto-Mills and the Task Force for their input. 2) Mr. Dolan, General Manager-Chief Engineer, stated that the Pollution Prevention Program is Central San's effort to improve the quality of our effluent and reduce its impact on the environment by the means of educating and encouraging our customers to keep pollutants out of the sewer system. The program has been Board driven from its outset. Mr. Dolan introduced Mr. Bart Brandenburg, Source Control Program Superintendent, who distributed copies of the District's Pollution Prevention Annual Report for 1996. Mr. Brandenburg stated that the minimum pollution prevention requirements established by the Regional Water Quality Control Board are to: 1) determine target pollutants of concern; and 2) provide semi-annual reporting. Mr. Brandenburg reviewed the major activities conducted by the District targeting District pollutants of concern, copper, pesticides, and cyanide as detailed in the annual report. Mr. Brandenburg stated that the District measures its effectiveness annually and continues to look for ways to evaluate and improve what we are doing. The historical trend of heavy metals from 1977 to 1996 shows a gradual downward trend as large businesses in the service area are now participating and more effort in being placed into bringing smaller businesses into the program. The amounts of influent copper has also decreased over the last ten years and it is hoped that that trend will continue. President Menesini stated that other districts conduct workshops for various organizations. It may be beneficial for the District to hold an evening workshop for mechanics. Member Boneysteele questioned whether anyone would attend an evening meeting outside their regular work. Mr. Brandenburg stated that he will look into the idea. 3) Mr. Dolan, General Manager-Chief Engineer, introduced Ms. Harriette Heibel, Community Education Officer, who reported on the Pleasant Hill Chamber of Commerce Business Fair held on March 6, 1997. Ms. Heibel stated that most of the Chambers of Commerce in the District's service area hold trade shows. As an outreach approach, the District is trying to participate in those. This provides a new audience for the District's messages, primarily household hazardous waste and secondarily recycled water. The next event at which the District will be represented is April 7, 1997 from 4:00 p.m. to 03 20 97 84 8) b. 7:00 p.m. at the Lafayette Park Hotel for the Lafayette, Moraga, and Orinda Chambers. 4) Mr. Dolan, General Manager-Chief Engineer, stated that recent developments have occurred in the continuing process of development of the hills and valleys east of Danville, San Ramon, and Dublin. Mr. Dolan stated that it is important that Board and staff be as knowledgeable as possible on these developments as they have been controversial and Board actions may be called for in the near future. Mr. Dolan introduced Mr. Russ Leavitt, Planning Assistant, who described the Tassajara Valley Property Owners Association and Wendt Ranch Projects. Mr. Leavitt reported that the Local Agency Formation Commission (LAFCO) recently took action to extend the Spheres of Influence of the District, East Bay Municipal Utility District (EBMUD), and the Town of Danville to include Wendt Ranch, Tassajara Meadows, and the areas in between. LAFCO also approved the Wendt Ranch Boundary Reorganization to annex that property into the District and EBMUD, and designating the District as the conducting authority. Mr. Leavitt reported that the District recently received a development report for 6,000 units for the Tassajara Valley Property Owners Association property. Dublin San Ramon Services District (DSRSD) was identified as the preferred service provider, but service from the District was also studied. At the April 3, 1997 Board Meeting, staff will present a preliminary plan for service options for the Tassajara Valley. At the April 17, 1997 Board Meeting, a position paper will be presented describing those options and possible comments to be included in the District's comments to the Draft Environmental Improvement Report (EIR). Discussion followed with regard to topography in the area, possible gravity issues, and incorporating planning for infrastructure into the design of future developments. President Menesini requested that a topographic map be provided when this matter is discussed next, and suggested that another trip to the area might be warranted. 5) Mr. Dolan, General Manager-Chief Engineer, stated that pursuant to the Board's direction, the old disclaimer stamp previously used by the District will again be used on District maps given out at the Permit Counter. 6) Mr. Dolan, General Manager-Chief Engineer, announced the results of the Local One Decertification Election. Of the 160 eligible voters, 120 voted. One hundred twelve (112) votes were cast in favor of retaining Local One and 8 votes were cast favoring the "no union" option. 7) Mr. Dolan, General Manager-Chief Engineer, announced that the District is currently advertising for the Headworks Facilities Enhancement Project. The engineer's estimate for the project is $110,000. The project includes many small safety and operational enhancements to the existing Headworks Facilities. Mr. Dolan, General Manager-Chief Engineer, announced that District Counsel's contract expires at the end of June. This item will be calendared for discussion in the near future. COUNSEL FOR THE DISTRICT 03 20 1 ) Mr. Kenton L. Aim, Counsel for the District, provided an update on the South Orinda Sewer Improvements Project condemnations. Several meetings ago, the Board adopted a Resolution of Necessity with regard to eminent domain proceedings for a number of easements required for Phase 1 of the South Orinda Sewer Improvements Project. There is a second group of property easements that must be acquired for this project. Another hearing to consider adoption of a Resolution of Necessity relating to those properties will be scheduled in May 1997. At that time, one or more properties previously included in the first Resolution of Necessity will be 97 85 brought to the Board for further clarification of legal description and related matters. c. SECRETARY OF THE DISTRICT 1 ) Ms. Joyce E. Murphy, Secretary of the District, distributed the list of disease resistant roses provided by Mr. Michael Baefsky, the District's Integrated Pest Management (IPM) Garden Consultant. d. BOARD MEMBERS 1 ) Member. Boneysteele announced that he will be out of town from April 17, 1997 through April 30, 1997.' 2) President Menesini noted that Member Rainey has indicated her intention to resign from the Board of Directors following her appointment to the Walnut Creek City Council. Mr. Kenton L. Aim, Counsel for the District, stated that the Walnut Creek City Council made its decision to appoint Member Rainey on Tuesday, March 18, 1997, after the deadline for posting the District Board Meeting Agenda. Because .the decision to appoint Member Rainey to the Walnut Creek City Council occurred on Tuesday, March 18, 1997, after the deadline for posting the District Board Meeting Agenda and based on Member Rainey's intention to be seated on the Walnut Creek City Council on April 1, 1997, before the next District Board Meeting, it was moved by Member Hockett and seconded by Member Boneysteele, that discussion of the issue of the pending vacancy on the Central Contra Costa Sanitary District Board of Directors be added to this agenda for discussion. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Nejedly, Menesini NOES: Members: None ABSENT: Members: Rainey Discussion followed in which Mr. Aim, Counsel for the District, discussed his legal finding that there would be no incompatibility of office and that Member Rainey could serve on both the District Board of Directors and the Walnut Creek City Council. It was noted that Member Rainey has stated her intention to resign from the District Board of Directors, but she has not yet done so. Following discussion of the legal requirements and timing for filling a vacancy, it was agreed that this matt~r will be calendared on the April 3, 1997 Board Agenda for further discussion and development of the process. 3) President Menesini reported that he and Community Education Officer Harriette Heibel, Public Information and Production Assistant Tim Tullis, and Plant Operations Division Manager Jim Kelly attended the Mt. View Sanitary District presentation on their educational outreach program on pollution prevention. President Menesini stated that the presentation was very interesting and fit well with Central San's Pollution Prevention Program. a. 6. ENGINEERING APPROVE AS PREOUALIFIED MICROTUNNELINGIPIPE JACKING CONTRACTORS FOR THE SOUTH ORINDA SEWER IMPROVEMENT PROJECT. DP 4928 AND THE MARTINEZ EAST SIDE TRUNK SEWER. DP 4950 , Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Boneysteele and seconded by Member Nejedly, that the microtunneling/pipe jacking contractors listed in Exhibit A to the position paper be approved as prequalified for 03 20 97 86 the Martinez East Side Trunk Improvement Project (DP 4950); and that the microtunnelinglpipe jacking contractors listed in Exhibit B to the position paper be approved as prequalified for the South Orinda Sewer Improvements Project (DP 4928). There being no objection, the motion was approved with Member Rainey being absent. b. AUTHORIZE THE SUBSTITUTION OF DOLAN CONCRETE CONSTRUCTION. A NEW SUBCONTRACTOR. FOR GALLETTI & SONS. INC.. THE LISTED SUBCONTRACTOR. FOR SITE CONCRETE WORK ON THE HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY PROJECT (DP 7165) Mr. Dolan, General Manager-Chief Engineer, stated that the listed subcontractor has refused to sign the subcontractor agreement. They are not contesting this substitution. It was moved by Member Nejedly and seconded by Member Boneysteele, that the substitution of Dolan Concrete Construction, a new subcontractor, for Galletti & Sons, inc., the listed subcontractor, be authorized for site concrete work on the Household Hazardous Waste Collection Facility Project, DP 7165. There being no objection, the motion was approved with Member Rainey being absent. 7. HUMAN RESOURCES RECEIVE AND CONSIDER PERSONNEL REQUESTS FOR FISCAL YEAR 1997-1998 a. Mr. Dolan, General Manager-Chief Engineer, stated that the Board's discussion and input at the March 4, 1997 Board Workshop were appreciated. A great deal of direction was provided and it is hoped that staff has responded satisfactorily. The Personnel Budget Requests for 1997-1998 are now presented for the Board's consideration. There being no further comments, President Menesini declared that the Personnel Budget for 1997-1998, identified as Items 1-10 in the position paper and budget document, was duly received and considered, and will be submitted for final approval on May 1, 1997. b. AUTHORIZATION TO HIRE SEASONAL EMPLOYEES It was moved by Member Hockett and seconded by Member Nejedly, that authorization be given to hire 41 students, two more students than last year, for seasonal employment. There being no objection, the motion was approved with Member Rainey being absent. 8. APPROVAL OF MINUTES a. MINUTES QF ADJOURNED REGULAR MEETING OF MARCH 4. 1997 MINUTES OF REGULAR MEETING OF MARCH 6. 1997 b. It was moved by Member Boneysteele and seconded by Member Hockett, that the minutes of the Adjourned Regular Meeting of March 4, 1997 and the minutes of the Regular Meeting of March 6, 1997, be approyed as presented. There being no objection, the motion was approved with Member Rainey being absent. 9. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED MARCH 20. 1997 It was moved by Member Nejedly and seconded by Member Boneysteele, that the Expenditure list dated March 20, 1997, consisting of Self-Insurance Check Nos. 101251- 101267, Running Expense Check Nos. 102118-102537, and Sewer Construction Check Nos. 18118-18212, be approved as recommended. . There being no objection, the motion was approved with Member Rainey being absent. 03 20 97 87 10. BUDGET AND FINANCE a. RECEIVE FEBRUARY 1997 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance expenses for the month of February 1997, noting that expenditures were $73,000 more than budget, representing a 3.2 percent unfavorable variance. Year to date expenditures were $1.1 million less than budget, representing a 5.9 percent favorable variance. Operations and maintenance revenues for the eight months ended February 1997 were $687,000 less than budget, representing a 4.1 percent unfavorable variance. Ms. Ratcliff reported that the District's temporary investments were held in Treasury bills and Treasury notes and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 5.2 percent to 6.2 percent. The latest interest rate as of February 1997 was 5.35 percent. The average yield of the LAIF account through January 1997 was 5.58 percent. President Menesini declared that the February 1997 Financial Statements were duly received. 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 12. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Boneysteele suggested that consideration of a scheduled break during Board Meetings be calendared for discussion at a future Board Meeting. President Menesini noted that the Board Member recruitment process will be calendared for discussion at the next Board Meeting. 13. CLOSED SESSION a. LABOR NEGOTIATIONS With respect to labor negotiations, the closed session was held pursuant to Government Code Section 54957.6, to meet with designated representatives prior to and during consultations and discussions with the representatives of employee organizations regarding the salary, salary schedules or compensation paid in the form of fringe benefits of employees in order to review its position" and instruct its designated representatives. The District's negotiators are Labor Counsel Dan Clinton, Deputy General Manager Paul Morsen, and Human Resources Manager Cathryn Freitas, and the pertinent employee organizations are the Central Contra Costa Sanitary District Employees' Association Public Employees' Local No.1, and the Management Support/Confidential Group. b. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(aL The titles of the litigation discussed are as follows: 1 ) Steven A. Elsberry, Nancy Cronk-Elsberry v. CCCSD, et al - Contra Costa County Superior Court No. C97-00825; and 2) CCCSD v. Orinda-Moraga Disposal Service, Inc., et al (Eckhoff Accountancy Corp.) - Contra Costa County Superior Court No. C96-00562. At 4: 18 p.m., President Menesini declared the closed session to discuss labor negotiations pursuant to Government Code Section 54957.6 and existing litigation pursuant to Government Code Section 54956.9(a) as noted above. At 6:31 p.m., President Menesini concluded the closed session and reconvened the meeting into open session. 03 20 97 88 14. REPORT OF DISCUSSIONS IN CLOSED SESSION No votes were taken nor decisions made in closed session which require reporting at this time. 15. ADJOURNMENT There being no further business to come ~efore the Board, President Menesini adjourned the meeting at the hour of 6:32 p.m. ~ò~hu; President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 03 20 97