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HomeMy WebLinkAboutBOARD MINUTES 04-01-93 74 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON APRIL 1, 1993 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 3 p.m. on April 1, 1993. President Clausen called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Menesini, Dalton, Hockett, Rainey, Clausen ABSENT: Members: None 2. PUBLIC COMMENTS Mr. Scott Wildman, Business Agent for Public Employees Union Local One, addressed the Board regarding the proposed Personnel Budget and expressing concern with elimination of positions. Mr. Wildman stated that the fiscal crisis has yet to be substantiated and that layoffs and elimination of positions may not be necessary. Mr. Wildman suggested that new revenues be developed or a hiring freeze be considered rather than eliminating positions. In closing, Mr. Wildman urged the Board to support the State-wide effort to keep local taxes in local jurisdictions. President Clausen thanked Mr. Wildman for his comments, but corrected Mr. Wildman stating that the District is not considering layoffs. 3. CONSENT CALENDAR - It was moved by Member Rainey and seconded by Member Hockett, that the Consent Calendar, consisting of Item a., be approved as recommended. a. Authorization was given for P.A. 93-5 (Alamo) to be included in a future formal annexation to the District. Motion unanimously approved on the following vote: AYES: Members: Rainey, Hockett, Menesini, Dalton, Clausen NOES: Members: None ABSENT: Members: None 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None a. 5. ADMINISTRATIVE CONSIDER ADOPTION OF A RESOLUTION SUPPORTING A LEGISLATIVE PROGRAM ADDRESSING LOCAL GOVERNMENT FINANCING AS RECOMMENDED BY THE FISCAL UNITY SUMMIT II Member Rainey, the District's representative at Fiscal Unity Summit II, stated that the Contra Costa/Alameda Fiscal Unity Summit has been working on ways to make local government more efficient, thereby saving tax dollars and fees for the public and dealing with the fiscal crises confronting every local government. A model resolution was drafted by Fiscal Unity Summit II and is recommended for Board adoption at this time. 04 01 93 75 Following discussion of existing and new State mandated programs and funding for those programs, and adoption of the State budget by majority vote, it was moved by Member Rainey and seconded by Member Menesini, that Resolution No. 93-028 be adopted as recommended by the Fiscal Unity Summit II, supporting a legislation program addressing local government financing. Motion unanimously approved on the following roll call vote: AYES: Members: Rainey, Menesini, Dalton, Hockett, Clausen NOES: Members: None ABSENT: Members: None 6. PERSONNEL a. AUTHORIZATION TO HIRE SEASONAL EMPLOYEES Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that this year there has been a certain amount of paring down. This has been done with mixed feelings. The seasonal employees have provided good service to the District at an economical cost, and they have profited from their summer work experience. However, it is recommended that only 25 seasonal employees be hired, rather than 40 as last year. Following discussion, it was moved by Member Menesini and seconded by Member Rainey, that the hiring of 25 persons for seasonal employment be approved. There being no objection, the motion was unanimously approved. b. RECEIVE AND CONSIDER PERSONNEL BUDGET REQUESTS FOR FISCAL YEAR 1 993-1 994 Mr. Dolan, General Manager-Chief Engineer, stated that this year's Personnel Budget contains cross-departmental and interdepartmental transfers. It is a complicated budget maximizing the efficiency of the District without laying off any people. Mr. Dolan introduced Ms. Cathryn Freitas, Personnel Officer, who stated that this has been a particularly difficult budget to prepare. Nine positions, representing approximately $500,000 in cost savings, have been eliminated. This has been discussed with Mr. Scott Wildman and representatives of Public EmploY.ees Union Local One (Local One) and the Management Support/Confidential Group (MS/CG). MS/CG felt their questions were answered and requires no further meetings. However, Local One has requested an opportunity to meet and confer with regard to suspension of the Memorandum of Understanding for filling seven positions as outlined in the proposed Personnel Budget. A meet and confer session has been scheduled with Mr. Wildman and Local One representatives on April 16, 1993. It is expected that the Personnel Budget will be calendared for Board approval at the May 6, 1993 Board Meeting. Ms. Freitas reviewed the proposed changes in each of the departmental budgets as set forth in detail in the proposed Personnel Budget and the request for authorization to fill seven positions in the Co-op Program. In response to a question from President Clausen, Ms. Freitas stated that if the proposed Personnel Budget is approved, one vacant position will remain on the organization chart. That position will be unfunded. Following discussion of elimination of that vacant position, it was the consensus of the Board that a Board hiring freeze be placed on that position and that it not be filled unless it has been reviewed by the Board Personnel Committee and approved by the Board of Directors. President Clausen stated that even with the hard work done by the managers and staff, the cost of salaries and benefits will increase next year. Mr. Dolan agreed, stating that merit increases, negotiated cost-of-living increases, and increased benefit costs all impact the total amount of salaries and benefits. Because of the changes proposed in the Personnel Budget, Member Rainey requested that management continue to work with employees in positions that might disappear and continue to support training programs which the employees can use to help themselves prepare for other positions at the District, thus avoiding layoffs. Mr. Dolan agreed, stating that training is very important. 04 01 93 76 Following discussion, it was the consensus of the Board that a hiring freeze be placed on all positions that become vacant during the fiscal year. To give the Board an opportunity to review the need for the position, any position that becomes vacant will be reviewed by the Board Personnel Committee and approved by the Board. a. 7. CORRESPONDENCE LETTER DATED MARCH 24. 1993 TO MR. ROBERT WHITLEY. GENERAL MANAGER. TRI- VALLEY WASTEWATER AUTHORITY (TW A). CONCERNING CAPACITY FOR TWA FLOWS IN THE PLEASANT HILL/A-LINE RELIEF INTERCEPTOR Following a brief discussion, it was the consensus of the Board that the letter dated March 4, 1993 to Mr. Robert Whitley, General Manager of Tri-Valley Wastewater Authority (TW A), from Mr. Robert A. Baker, Deputy Chief Engineer of Central Contra Costa Sanitary District, concerning capacity for TWA flows in the Pleasant Hill/A-Line Relief Interceptor, be approved. b. NOTE RECEIPT OF LETTER DATED MARCH 22. 1993 FROM MR. SAMUEL HOLMES. LAFAYETTE RESIDENT. CONCERNING VALLEY WASTE MANAGEMENT'S ADDITIONAL CHARGE FOR DIFFICULT-TO-ACCESS AREAS: CONSIDER DRAFT RESPONSE . Receipt of the letter dated March 22, 1993 from Mr. Samuel Holmes, Lafayette resident, concerning Valley Waste Management's additional charge fordifficult-to-access areas was noted and the draft response was approved. c. NOTE RECEIPT OF LETTER DATED MARCH 15. 1993 FROM MR. MICHAEL MENESINI. MAYOR OF THE CITY OF MARTINEZ. REQUESTING INFORMATION ON THE A-LINE AND OTHER FACILITIES PROPOSED IN THE PLEASANT HILL/CONCORD AREA: CONSIDER DRAFT RESPONSE The Board discussed conducting informational workshops for the mayors and engineers of the cities in the District service area concerning issues relating to sizing and projected flows for District facilities. Member Menesini recommended that the Board take some action to put the Tri-Valley Wastewater Authority (TWA) issue to rest. Member Rainey stated that TWA has never submitted a proposal to the District. Member Rainey stated that if TWA were to submit a proposal that would save the District ratepayers money and if the proposal were environmentally sound, the District would owe it to its ratepayers to consider the proposal. Member Rainey stated further that this Board cannot commit future Boards. Mr. Dolan, General Manager-Chief Engineer, stated that in general District staff has a good working relationship with City Engineering Departments. City engineering staff have not raised an issue on sizing of District facilities or a possible TWA project. They believe it to be a District responsibility. However, with regard to the issue of taking a position on TW A, Mr. Dolan stated that there might be some advantage to having a staff to staff letter that would review the issues along the following lines. TW A has not presented the proposal that the District expected. Instead, TWA has been working with the East Bay Dischargers Association (EBDA). Mr. Dolan stated that he does not believe that the District will ever receive the TWA proposal as originally conceived, and may never receive any proposal from TWA. Mr. Dolan stated that no staff work on TWA has been done by the District since early in February 1993. Following discussion, it was the consensus of the Board that the General Manager-Chief Engineer send a letter to the City Managers of the Cities in the District service area, communicating that the District believes that the Central San/TWA alternative is dead. It was the consensus of the Board that the letter dated March 15, 1993 from Mr. Michael Menesini, Mayor of the City of Martinez, requesting information on the A-Line and other facilities proposed in the Pleasant Hill/Concord area, be noted and that the draft response be approved. 04 01 93 77 d. NOTE RECEIPT OF LETTER DATED MARCH 19. 1993 FROM MR. JOHN A. NEJEDLY. OF WALNUT CREEK. CONCERNING THE TRI-VALLEY WASTEWATER AUTHORITY (TWA) PROPOSED PROJECT: CONSIDER DRAFT RESPONSE INCLUDED WITH ITEM E. e. NOTE RECEIPT OF LETTER DATED MARCH 23. 1993 FROM MR. JOHN A. NEJEDLY. OF WALNUT CREEK. CONCERNING THE TRI-VALLEY WASTEWATER AUTHORITY (TWA) PROPOSED PROJECT: CONSIDER DRAFT RESPONSE Member Menesini inquired what assurance there is that Tri-Valley Wastewater Authority (TWA) will not present a proposal to the District. Mr. Dolan, General Manager-Chief Engineer, stated that staff cannot make that assurance. Mr. Dolan stated that at a recent Board Meeting after a discussion by Mr. Nejedly on the issue of legal fees, the matter was referred to the Board Budget and Finance Committee. Mr. Dolan suggested that discussion of any and all allegations be made with the full Board of Directors and that the matter be in the public record since all other discussions on the subject have been part of the public record. The Board concurred. President Clausen requested that cancellation of the Board TWA Committee be calendared for the next Board Meeting. It was the consensus of the Board that receipt of the letters dated March 19, 1993 and March 23, 1993 from Mr. John A. Nejedly, of Walnut Creek, concerning the TWA proposed project, be noted and that the draft response be approved. f. CONSIDER DRAFT STAFF RESPONSE TO MARCH 10. 1993 LETTER FROM MR. JOHN A. NEJEDLY. OF WALNUT CREEK. CONCERNING THE TRI-VALLEY WASTEWATER AUTHORITY (TWA) PROPOSED PROJECT The draft staff response to the March 10, 1993 letter from Mr. John A. Nejedly, of Walnut Creek, concerning the Tri-Valley Wastewater Authority (TWA) proposed project was approved. At 4:33 p.m., President Clausen declared a recess, reconvening at the hour of 4:35 p.m. with all parties present as previously designated. 8. APPROVAL OF MINUTES a. MINUTES OF MARCH 4. 1993 It was moved by Member Rainey and seconded by Member Hockett, that the minutes of March 4, 1993 be approved as presented. There being no objection, the motion was unanimously approved. b. MINUTES OF MARCH 9. 1993 It was the consensus of the Board, that the minutes of the Special Board Meeting of March 9, 1993, be approved as presented. . 9. APPROVAL OF EXPENDITURES EXPENDITURE LIST DATED APRIL 1. 1 993 a. Member Menesini, member of the Budget and Finance Committee, stated that he and Member Hockett reviewed the expenditures and found them to be satisfactory. Following discussion of the District-wide availability of books and publications purchased, reports of information gained at conferences, and efforts to reduce the amount of chlorine used at the District, it was moved by Member Menesini and seconded by Member Hockett, that the Expenditure List dated April 1, 1993, including Self-Insurance Check Nos. 100673-100676, Running Expense Check Nos. 74311-74608, Sewer Construction Check Nos. 12254-12315, and Payroll Check Nos. 30674-30962, be approved as recommended. There being no objection, the motion was unanimously approved. 04 01 93 --------- --- - ~--- -- ~------ ---- ._-----~_. ---. --- 78 a. 10. BUDGET AND FINANCE APPROVE NOTIFYING PROPERTY OWNERS CONCERNING UNBILLED SEWER SERVICE CHARGES AND DETERMINE AMOUNT OF PAST SEWER SERVICE CHARGES TO BILL Mr. Dolan, General Manager-Chief Engineer, stated that when it is found that a customer is connected to the District and is receiving free service, it has been a long standing practice of the District to try to collect all the unbilled Sewer Service Charges allowed by law in accordance with the statute of limitations. The District has not always been successful when trying to collect in Small Claims Court because customers have sometimes been able to make prevailing arguments to the Court. Mr. Dolan stated further that it is wise to learn from what has happened in the past. When a recent refuse collection rate increase was coupled with an il"!crease for difficult-to-access areas, there was a very strong reaction. The District is about to follow its long-standing practice for collection of unbilled Sewer Service Charges, which would present 760 customers with a bill for up to $576 just before tackling the problem of loss of ad valorem tax revenue, which is a much greater and longer-term issue for the District. Mr. Dolan stated that the Board must consider the public acceptability of these actions. Discussion followed concerning the circumstances resulting in unbilled past Sewer Service Charges. Mr. Jarred Miyamoto-Mills, Principal Engineer, stated that typically clerical errors either at the District or the County are the main cause. Maintaining these accounts has been a monumental task that was done manually until recently. The new protocol for the Management Information System (MIS) calls for an annual matching of the District Sewer Service Charge data base to the County data base to prevent a similar problem in the future. Mr. Scott Wildman, Business Agent for Public Employees Union Local One, addressed the Board, suggesting that the waiver or specific amnesty program be rejected or at least reconsidered in light of the full budget when the scope and the magnitude of the budget problem is known. Mr. Dolan stated that the real issue is getting these customers on the tax rolls and getting them paying regularly. If the District tried to collect the back charges, staff believes that a very adverse situation would be created and the hostility could impact all the programs and the employees of the District. It is staff's recommendation to get these customers on the tax rolls as soon as possible and ensure that a system is in place that will prevent this from happening in the future. Mr. Kenton L. Aim, Counsel for the District, stated that he has reviewed the pertinent code sections and has concluded that if the Board wishes to forego attempts at collecting certain previously un billed Sewer Service Charges, such a decision could be legally justified. Discussion followed concerning the responsibility in this situation, prorating collection over a period of time, equitable application of an amnesty program, the staff time, legal effort and costs involved in collection, and the feasibility of collecting these unbilled Sewer Service Charges. It was moved by Member Rainey that a resolution be drafted providing that a specific amnesty be declared for unbilled Sewer Service Charges for the 760 ratepayers in question for the three years prior to Fiscal Year 1992-1993; that a letter be sent to all 760 of the ratepayers in question explaining the situation and informing them of the new charge that will appear on their future property tax bills, as well as the amount of prior years' charges being waived by the Board; that the ratepayers who have not already received an invoice be invoiced for $165 for Fiscal Year 1992-1993 plus the amount of the Fiscal Year 1993-1994 Sewer Service Charges. Discussion followed regarding the issue of a gift of public funds and equitable application of the specific amnesty. Mr. Aim stated that the Board must determine whether there is a valid public purpose served by declaring a specific amnesty. Following discussion, the above motion died for lack of a second. 04 01 93 79 It was the consensus of the Board that draft letters to the affected customers and a draft resolution setting forth the public purpose to be served by a specific amnesty be prepared for consideration by the Board. 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 12. REPORTS GENERAL MANAGER-CHIEF ENGINEER a. 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that steady progress is being made on several fronts dealing with water reclamation. It is still the District's goal to work cooperatively with Contra Costa Water District (CCWD) and East Bay Municipal Utility District (EBMUD). However, neither of them is in a position at this time to cooperate on a water reclamation project. Mr. Dolan introduced Mr. David R. Williams, Planning Division Manager, who reviewed the history of water reclamation at the District beginning in 1971 with the Regional Water Quality Control Board (RWQCB) discharge requirements and grant funding requirements, and the CCCSD/CCWD construction of a water reclamation plant. Subsequently, RWQCB requirements were scaled back and in 1979 reclamation was delayed because of water costs, industry concerns, and litigation with CCWD. Since that time, a demonstration project and nitrification test have been conducted. In 1992, a small truck fill project of about .2 MGD was conducted on a temporary basis. Mr. Williams stated that the District is currently completing the Filter Plant Rehabilitation Project. The District uses approximately 1 MGD of reclaimed water in the plant and there is currently one local connection, County Quarry Products, using about. 1 MGD. Mr. Williams stated that last year a feasibility study was done with regard to use of recycled water for landscape irrigation. The possibility of using the abandoned Shell petroleum. pipeline in the Pleasant Hill Interceptor alignment is being considered in an effort to identify a cost-effective project. The added cost to the Pleasant Hill Interceptor Project would be approximately $1.2 million and modifications to the plant costing approximately $1.2 million would be needed as well. The recycled water pipeline could be extended as the Pleasant Hill Interceptor is extended. Several parks and schools were contacted to learn their current water costs and whether there is a demand for reclaimed water. Letters of intent were received from some of the major users. Mr. Williams stated that because the filter plant is in place and there is the potential to use the Pleasant Hill Interceptor, the District costs for reclaimed water is approximately $700 per acre foot per year. These costs would double if the Pleasant Hill Interceptor alignment is not used and it is necessary to go back later and install a reclaimed water pipeline. Mr. Williams reported that the industries have been contacted. Shell seems to be the most likely candidate for reclaimed water. Shell needs 5 MGD for a plant expansion project and CCWD cannot guarantee a reliable supply of Delta water. Mr. Williams stated that as to whether the District should pursue water reclamation, two major assumptions have been made: . Water shortages will continue periodically; and . Customers will pay for reclaimed water because it is reliable. The following key issues must be resolved: . Water district participation; . Windows of opportunity; 04 01 93 80 04 . Reclamation impact on mass emission limits by the Regional Water Quality Control Board; . Public support for water reclamation; and . Financing for reclamation projects. Mr. Williams presented the staff recommendations with regard to water reclamation set forth in the various Capital Improvement Budget scenarios under consideration by the Board, and future activities requiring Board decisions. Member Menesini stated that the District's work in this area has been extensive and should drive us to pursue water reclamation aggressively with the water districts. Mr. Dolan reported on his meeting with Mr. Walter Bishop, of CCWD, on April 14, 1992. Mr. Dolan stated that he believes it is in the best interest of the District to proceed with the reclaimed water pipeline in the Pleasant Hill Interceptor now, but that a partnership would be ultimately desirable. The value of a joint project would be for the idea of promoting water reclamation and for the symbolic value of putting past differences to rest. A partnership would eliminate obstacles and would expedite implementation. The first and best option is for a joint project with CCWD now and perhaps a joint project with EBMUD in the near future. 2) Mr. Dolan announced that Contra Costa Water District is out of alum sludge disposal capacity and wants to reopen the Central Contra Costa Sanitary District alum ponds. 3) Mr. Dolan introduced Mr. Williams, Planning Division Manager, who described the Gateway Development Project in the Orinda area. The original proposal by the developer encompassed 978 acres with 338 homes, golf courses, conference center, spa, athletic club, parks and open space, and infrastructure including a water reclamation plant operated by the District. Public concerns were raised relating to the water reclamation plant. The Orinda City Council voted conceptually to delete the water reclamation plant but still require dual piping. The Orinda City Council may allow: . An on-site water reclamation plant if requested by East Bay Municipal Utility District; and . Service from the Shell pipeline. Mr. Williams reviewed the schedule for the Gateway Project. The Orinda City Council could consider approval of the Environmental Impact Report for the project as early as April 14, 1993. 4) Mr. Dolan announced that District staff confirmed that Contra Costa County still follows the same process for distributing tax/fee payments as though there were no delinquencies. The County then prosecutes and collects delinquent taxes and fees and keeps the proceeds. 5) Mr. Dolan announced that Orinda-Moraga Disposal Service, Inc. has failed to meet the deadline for submission of audited financial statements. 6) Mr. Dolan stated that pursuant to the Board's request at the Capital Improvement Budget workshop, staff has discussed public information programs. The discussion with the Board was very valuable and enlightening. It became clear thåt the Board has differing viewpoints and perspectives. Staff is trying to put together a public information plan that will be most productive from the standpoint of the District. A number of components have been identified. 01 93 b. c. d. 81 . The budget story including O&M cost cutting, capital revenue cuts, growth in regulations, wet weather flows, Sewer Service Charge increase issues, and project deferrals; . Communication with the public on source control and environmental protection in the schools and with the District customers; and . Communication of projéct-related information with impacted neighborhoods. Mr. Dolan stated that with regard to the pollution prevention and environmental message, staff has done a significant amount of work in that area and funds have been included in the 1993-1994 O&M Budget. It is expected that this effort will continue through the coming years. Funds are included in project budgets to provide project-related information to impacted neighborhoods. This has been the District practice for some time. The most pressing issue at this time is the budget story and the taking of the ad valorem tax revenue, and the things the District is doing to respond. Mr. Dolan briefly described a proposal for a series of community meetings to communicate the budget story. A more detailed presentation on this subject is planned for the next Board meeting. 7) Mr. Dolan distributed and explained a chart describing the District budget process and schedule. COUNSEL FOR THE DISTRICT 1) The Board of Directors confirmed authorization for District Counsel to file cross complaints as appropriate and other documents on an as-needed basis in the District's defense in the matter Helix v. Southern Pacific Transportation Company. 2) The Board of Directors confirmed authorization for the District to enter into a property agreement with Caltrans with regard to the Collection System Operations yard at 1250 Springbrook Road in Walnut Creek. SECRETARY OF THE DISTRICT None BOARD MEMBERS 1 ) President Clausen recommended that staff advise the refuse collectors that the District expects them to find .some way to meet their budgets without applying for rate increases next year. 2) Member Rainey asked that staff again request Contra Costa County to provide a copy of their solid waste budget. 3) Member Rainey reported on the March 26, 1993 Personnel Committee meeting at which the draft Personnel Budget and a resolution regarding appointment and compensation for Board Committees were discussed. Following discussion, it was agreed that the resolution regarding appointment and compensation for Board Committees would be calendared for consideration at the April 15, 1993 Board Meeting. 13. ANNOUNCEMENTS Member Dalton announced that he will be out of town and unable to attend the April 15, 1993 Board Meeting. 04 01, 93 82 04 Member Menesini commended Mr. Charles W. Batts, Plant Operations Department Manager, and the Laboratory staff for their superior facility and outstanding technical efforts. Mr. Batts thanked Member Menesini for his comments. 14. CLOSED SESSION None 15. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None 16. ADJOURNMENT There being no further business to come before the Board, President Clausen adjourned the meeting at the hour of 6:35 p.m. Pre Ide of the Board of Directors, C tr Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: S c et ry of the Central Co a C ta Sanitary District, County of Contra Costa, State of California 01 93