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HomeMy WebLinkAboutBOARD MINUTES 06-19-97 166 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JUNE 19, 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 2:00 p.m. on June 19, 1997. President Menesini called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Lucey, Hockett, Boneysteele, Menesini ABSENT: Members: Nejedly Member Nejedly had advised that he would be unable to attend this meeting and had requested to be excused. 2. PUBLIC COMMENTS Ms. Lesley Kendrick, Engineering Assistant, addressed the Board relative to the status of labor negotiations between the District and Central Contra Costa Sanitary District (CCCSD) Employees' Association Public Employees' Local 1 (Local 1) in place of Mr. Paul Kelly, President of Local 1. Ms. Kendrick stated that this morning Local 1 faxed a proposal to the Mediator. The Local 1 Negotiating Committee is willing to recommend this proposal for ratification by Local 1 membership. Ms. Kendrick requested that the Board consider this and set aside the negative things and remember the good things. Ms. Kendrick requested that the Board help both Negotiating Committees to avoid a strike until this can be worked through and a settlement reached. Mr. Rudy Jenkins, representing Local 1, reiterated what Ms. Kendrick said. Local 1 wants to settle this; however, Local 1 is prepared to take the necessary steps if they must. The Local 1 Negotiating Committee is willing to negotiate whenever the Board wishes and will be at the Union Hall awaiting the Board's call until 5:30 p.m. this evening. 3. CONSENT CALENDAR Following discussion, Member Boneysteele requested that Item b., acceptance of a promissory note from Claude B. Smith, be removed from the Consent Calendar for discussion. It was moved by Member Boneysteele and seconded by Member Hockett, that the Consent Calendar consisting of Items a. through e. excluding Item b., be approv'ed as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 97-109 was adopted accepting work and Offers of Dedication from ESA 0361, Inc., Ludell Drive, Pleasant Hill (49C2), Job 5198, Parcel 2, for an extension of an 8-inch sewer to serve an Extended Stay America facility; and recording was authorized. Motion approved on the following vote: AYES: Members: Boneysteele, Hockett, Lucey, Menesini NOES: Members: None ABSENT: Members: Nejedly b. Consideration of acceptance of a promissory note from Claude B. Smith was removed from the Consent Calendar for discussion. 06 19 97 c. d. e. 167 Grants of Easements were accepted from Vern H. and Carmen R. McFee and the Enge Family Trust for the Pleasant Hill Relief Interceptor Project, DP 4985; staff was authorized to record said Grants of Easements with the Contra Costa County Recorder; and Resolution Nos. 97-111 and 97-112 were adopted to that effect. Motion approved on the following vote: AYES: Members: Boneysteele, Hockett, Lucey, Menesini NOES: Members: None ABSENT: Members: Nejedly Grants of Easements were accepted from Breed Properties, Jerry K. and Julie A. Johnson, The Burtt Family Trust, Wallace M. and Kathryn C. Francis, and Pacific Gas and Electric Company 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. 97-113.97-114.97-115.97-116. and 97-117 were adopted to that effect. Motion approved on the following vote: AYES: Members: Boneysteele, Hockett, Lucey, Menesini NOES: Members: None ABSENT: Members: Nejedly The transfer of $113,000 from the 1996-1997 Equipment Budget to a separate account to complete the purchase of a truck-mounted rodder beyond the end of the current fiscal year was authorized. Motion approved on the following vote: AYES: Members: Boneysteele, Hockett, Lucey, Menesini NOES: Members: None ABSENT: Members: . Nejedly At this time, President Menesini proceeded to discussion of Consent Calendar Item b., Authorize the General Manager-Chief Engineer to accept promissory note from Claude B. Smith and authorize a Deed of Trust to be recorded. Following discussion, Member Boneysteele proposed that compound interest, rather than simple interest, be used. It was moved by Member Boneysteele and seconded by Member Hockett, that the General Manager-Chief Engineer be authorized to accept a promissory note from Claude B. Smith; that staff be authorized to record the Deed of Trust securing said note; and that Resolution No. 97-110 be adopted to that effect. Motion approved on the following vote: AYES: NOES: ABSENT: a. Members: Boneysteele, Hockett, Menesini Members: Lucey Members: Nejedly 4. HEARINGS CONDUCT A HEARING AND CONSIDER ADOPTING A RESOLUTION OF NECESSITY FOR THE PURPOSE OF INITIATING ACQUISITION OF A PUBLIC SEWER EASEMENT BY EMINENT DOMAIN THROUGH THE CANYON LAKES COUNTRY CLUB. DP 5211 06 19 97 168 President Menesini stated that the purpose of this hearing is to receive comments regarding adoption of a Resolution of Necessity to acquire permanent and temporary easements by eminent domain through the Canyon Lakes Country Club, DP 5211. Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that the issue before the Board is whether or not the public interest and necessity require the project for which the public sewer easements are to be acquired, whether the proposed project is planned or located in the manner which will be most compatible with the greatest public good and the least private injury, and whether said public sewer easements are necessary for the proposed project. Staff has been informed that the property owner and the District are very close to completing the agreement. The paperwork has not yet been completed and staff believes the District should proceed but does not think there are any matters of principle or detail yet to be resolved. Mr. Dolan introduced Mr. Curtis W. Swanson, Principal Engineer, who stated that the first phase of the Country Club at Gale Ranch Project includes 1,100 homes scheduled to be ready in early 1998. Mr. Swanson reviewed the alternatives for sewering this area as follows: . Gravity sewer in the western slope of Canyon Lakes Country Club Hole No. 14 (existing easement) . Gravity alignment in the eastern slope of Canyon Lakes Country Club Hole No. 14 . Gravity sewer in fairway of Canyon Lakes Country Club Hole No. 14 . Pumping station and twin force mains Mr. Swanson stated that the District acquired an easement for a sewer to serve this area in the mid-1980's before this development began. After more detailed geotechnical review, it was determined that the easement was unusable because of geotechnical issues and lack of access for maintenance. Each alternative listed above was evaluated on the basis of costs as well as other issues such as maintenance and slope stability. Mr. Swanson reviewed each sewer alignment and the results of the evaluations. Mr. Swanson described the recommended sewer alignment for a gravity sewer in Fairway No. 14 of the Canyon Lakes Country Club. This alignment is recommended based on the following factors: . Lower cost construction . More stable alignment . Easier access for maintenance Mr. Swanson stated that efforts were made to mitigate construction impacts as much as possible by using directional drilling technology, locating the alignment along the edge of the fairway near the cart path, and scheduling construction to occur on days when the golf course is closed or when use is lightest. Discussion followed with regard to the developer paying the fees and other necessary costs associated with acquisition and construction. At 2:28 p.m., President Menesini opened the hearing to receive comments regarding adoption of a Resolution of Necessity to acquire permanent and temporary easements by eminent domain through the Canyon Lakes Country Club. There being no comments, the hearing was closed. It was moved by Member Lucey and seconded by Member Hockett, that the Board of Directors finds that the public interest and necessity require this project, that the project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury, and that the property rights sought to be acquired are necessary for the project; and that Resolution No. 97-118, Resolution of Necessity to acquire a permanent easement and temporary construction easement by eminent domain for the Country Club at Gale Ranch Trunk Sewer, DP 5211, and authorizing filing of an 06 19 97 169 eminent domain action and other appropriate procedures, be adopted. Motion approved on the following roll call vote: AYES: Members: Lucey, Hockett, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Nejedly b. CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON PROPOSED REVISIONS TO THE DISTRICT CODE. SECTION 6.12.090. SCHEDULE OF CAPITAL IMPROVEMENT FEES AND CHARGES. WHICH WOULD DELETE TWO USER GROUPS ("INDEPENDENT LIVING FACILITIES. AND "CONVALESCENT HOSPITALS.) AND ADD TWO USER GROUPS ("RESIDENTIAL CARE FACILITIES FOR THE ELDERLY. AND "SKILLED NURSING FACILITIES.) President Menesini stated that the purpose of this public hearing is to obtain public comment regarding deletion of "Independent Living Facilities" and "Convalescent Hospital" user groups and addition of "Residential Care Facilities for the Elderly" and .Skilled Nursing Facilities" user groups to the Schedule of Capital Improvement Fees and Charges. Mr. Dolan, General Manager-Chief Engineer, stated that as discussed with the Board in the past, this issue is, at least in part, motivated by a desire to respond to changes in the classification system used by the State. In processing those changes, staff has become aware that one substantial project is in progress that these changes will impact. So in addition to consideration of the new classification system and rate structure, the Board should consider how the new rate structure should be applied and how it will impact one or two projects at certain stages of construction. Representatives for the Home for Jewish Parents are present to speak to that issue. Mr. Dolan recommended that the staff presentation be broken into two sections: one dealing with the reasons for the classification change and the second dealing with specific information about how rate changes are implemented historically at the District. Mr. Dolan introduced Mr. Jarred Miyamoto-Mills, Principal Engineer, who stated that facilities required to serve existing customers are funded from the Sewer Service Charge. Additional costs for new facilities for new homes or businesses come from Capital Improvement Fees. Mr. Miyamoto-Mills reviewed the Capital Improvements Fee for Zone 1, all areas where wastewater flows by gravity to the Treatment Plant, and for Zone 2, all areas where wastewater must first be pumped through a District pumping station before it can flow by gravity to the Treatment Plant, and the definitions of categories and other terms relating to this matter. Mr. Miyamoto-Mills stated that the State licensing categories were not used previously by the District but are being proposed for use at this time. Staff did a study of the District service area and identified all of the facilities that fall into these categories. Four years of historical data was available. That information was collected and averaged to calculate the proposed rates presented for the Board's consideration. Discussion followed with regard to square footage and its impact on the proposed fees, and the various alternatives used in the past to calculate Capital Improvement Fees. Mr. Miyamoto-Mills reviewed the conclusions of the staff analysis and details of the proposed changes as set forth in the attachments to the position paper. At 3:02 p.m., President Menesini opened the public hearing to obtain public comment regarding deletion of "Independent Living Facilities" and "Convalescent Hospital" user groups and addition of "Residential Care Facilities for the Elderly" and "Skilled Nursing Facilities. user groups to the Schedule of Capital Fees and Charges. Ms. Judy Greif, 56 The Crescent, Oakland, addressed the Board relative to the Home for Jewish Parents. Ms. Grief stated that she serves in a voluntary position on the Board for the Home for Jewish Parents. The Home for Jewish Parents has been in Oakland for over 40 years. That facility has seen better days and cannot adequately take care of enough of the population that the Home wishes to serve. A new facility is planned to be built at Parkhaven Drive and Tassajara Road in unincorporated area which will be annexed to the 06 19 97 170 Town of Danville when the facility is completed. The average age of the residents will be 87 to 88 years old. Ms. Greif stated that this project has been in the works for many years. Approvals were received in 1990 and at that time the budget was put together. Then there was a recession which slowed the process since funding was to come from private contributions and sale of bonds through Association of Bay Area Governments (ABAG). In closing, Ms. Greif stated that the Home gives a quality of life to people that we all deserve. Mr. Charles Gill, 18 Privateer, Corte Madera, and the Project Manager for the Home for Jewish Parents, stated that he has been involved with this project for six years. Initial approval was some years ago. Financing is in place. When it comes to the matter of fees, as part of the condition of approval, the Home was required to pay all agency fees including school district, transportation, and other fees even though residents are unlikely to use many of those services. As part of that process, representatives of the Home came to the District to see what fees would be charged by the District. District fees were Quoted at $136,000. The Home did not challenge that. Financing has been arranged. Tax exempt bonds and documents are being put in place. Fund raising for this project has been through hundreds of small donations. That is why it has taken so long for this project to proceed. The planned facility will be one-third skilled nursing and two-thirds residential care for the elderly. The Home is now being asked to pay twice the expectation for the skilled nursing portion and three times the expectation for the residential care portion. This presents a real problem for the project. Mr. Allan Moore, of the Gagen & McCoy law firm, addressed the Board relative to the Home for Jewish Parents. Mr. Moore stated that he has represented the Home for Jewish Parents for seven years. Mr. Moore stated that he does not dispute the District's legal authority to set fees and periodically amend those fees. The establishment of these increases at this time for this good project will cause a great hardship. There are several alternatives to the establishment of these fees that will protect the public and these people. Mr. Moore distributed a letter setting forth the position of the Home for Jewish Parents and presenting the following alternatives for consideration by the Board: 1 ) If the District adopts the proposed amendments, grandfather in this Senior Life Care Project (Home for Jewish Parents); 2) Allow the Home for Jewish Parents to submit the current fee, prior to adoption of the proposed ordinance; or 3) If the District does not grandfather in the Home for Jewish Parents Senior Life Care Project, or allow payment of the current fee prior to adoption of the increase, consider, at a minimum, deferring adoption of the proposed amendments until the Home for Jewish Parents and other affected parties can review the studies on which the amendments are based, and otherwise evaluate the amendments, allowing the Home for Jewish Parents time to seek other solutions with the District. Mr. Moore stated that the ground breaking ceremony for the Home is scheduled for this Sunday, June 22, 1997 at 10:00 a.m. It is critical that the Home keep its financing. The project is at a critical juncture. Mr. Moore thanked the Board for its consideration. Ms. IIse Schiff, 3212 Tice Creek Drive, No.4, Walnut Creek, addressed the Board opposing the proposed fee increase because of its impact on the Home for Jewish Parents. Ms. Schiff stated that she is just one of the people who will live in the Home when it is built. Ms. Schiff stated that she is nearly 90 years old and has been a contributor to the Home like hundreds of others. Ms. Schiff stated that very few can afford a convalescent home, but an old age home will keep those people. Ms. Schiff asked that the Board consider that and find a way we can all work together on this. Ms. Schiff thanked the Board for listening. Receipt of a letter from Mr. Christopher R. O'Brien, General Partner of O'Brien Interests, Inc., supporting the reclassification of residential care facilities for the elderly was noted. A copy of this letter was provided to the Board in the Board packet. 06 19 97 171 There being no further comments, President Menesini closed the public hearing at the hour of 3:23 p.m. Mr. Jay S. McCoy, Infrastructure Division Manager, addressed the Board and the public stating that he has been dealing with this project for about a month, and that he is the one responsible for collection of the fees at the District and for the proposed changes in fees. In response to Mr. Moore's presentation, Mr. McCoy stated that he has thought a great deal about this situation and shared some of his thoughts with Messrs. Moore and Gill. Mr. McCoy stated that he has concluded that the best course of action for the Home for Jewish Parents is a special study looking at the specific project and taking into consideration what will be discharged into the sewer. Mr. McCoy stated that he is fairly certain the amount resulting from the special study will be greater than $136,000, but because of the proposed water saving appliances, it is likely that it will be less than the charge that would result from direct application of the proposed rates. Mr. McCoy proposed that, rather than deferring action, the Home for Jewish Parents issue be put aside for 30 days to allow a special study to be done and that the District go forward with the District Code changes currently before the Board. Mr. Dolan, General Manager-Chief Engineer, stated that the District Sewer Service Charge has remained the same for four years. That has been done by cost control at the District. There are two kinds of charges: 1) the Sewer Service Charge which is paid on an annual basis; and 2) the one time charge for new customers for capacity in the pipeline and at the Treatment Plant. The second charge is the one under discussion here. Mr. Dolan stated that when dealing with incoming customers, the District would like to make that charge as accurate as possible, but the customer is not hooked up so there is no actual data available. Staff must look at the data for others in the same category. The classifications have changed and the District is trying to accommodate that change. There is no built in change in rates based on the old classification. Mr. McCoy has proposed that in the case of the Home for Jewish Parents, staff work directly with the plans and the architect considering such things as water conservation policies that will be put in place, and from that calculate a user specific study that would be solely for the Home for Jewish Parents. Mr. Moore stated that a special study causes some problems for the Home because most likely it will be based on criteria still to be determined. Mr. Moore stated that he would hope that the Home could be grandfathered in today or that the current fees could be paid early. Discussion followed concerning the parameters that might be used to grandfather in the Home for Jewish Parents and that have been used by the District in other circumstances in the past. Mr. Dolan stated that a number of years ago the District rates were established for those categories with especially high strengths and flows. The public protested those rates. The Board stated that the rates appeared to be fair based on the cost of providing service. The Board found that the rates were fair and calculated in the right way. The Board felt, however, that the impact on customers to put up higher fees was real. Therefore, the District put in place a Capacity Use Charge (CUC) where the District would finance the charge plus interest over 15 years. The customer was charged on an annual basis as part of the sewer user charge. Mr. Dolan stated that process has worked in the past and there are now a substantial number of businesses paying on that basis. That process could be used in the case of the Home for Jewish Parents. The up front cost could be fixed at $136,000 and a special study could be used to determine the incremental Capital Use Charge based on actual usage. Following discussion, it was moved by Member Hockett and seconded by Member Lucey, that Ordinance No. 201 be adopted effective July 1, 1997; said Ordinance would establish a new user group entitled Skilled Nursing Facilities, add Skilled Nursing Facilities as a user group eligible for the Capacity Use Charge Program, establish a Facilities Capacity Fee Residential Unit Equivalent (RUE) factor for Skilled Nursing Facilities of 2.216 RUE/1,000 square feet, establish Pumped Zone Capacity Fee RUE factor for Skilled Nursing Facilities of 2.347 RUE/1,000 square feet, establish a user group entitled Residential Care Facilities for the Elderly (RCFE), establish a Facilities Capacity Fee RUE factor for RCFE of 0.932 RUE/1 ,000 square feet, establish a Pumped Zone Capacity Fee 06 19 97 172 RUE factor for RCFE of 0.987/RUE/1 ,000 square feet, and eliminate the existing user groups entitled Convalescent Hospitals and Independent Living Facilities; that the initial Capital Improvement fee for the Home for Jewish Parents be set at $135,594 as previously quoted to representatives of the Home for Jewish Parents; that the District finance a special study to determine the actual cost for this facility; and using the District's existing Capacity Use Charge Fee Program, that a new unit cost per 100 cubic feet for wastewater discharge from this facility be calculated to reimburse the District for the balance of the Capital Improvement Fee in excess of $135,594. Motion approved on the following roll call vote: AYES: Members: Hockett, Lucey, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Nejedly Mr. Moore stated that he appreciated the Board's good faith effort to meet the representatives of the Home for Jewish Parents half way. At 4:15 p.m., President Menesini declared a recess, reconvening at the hour of 4:23 p.m., with all parties present as previously designated. 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Dolan, General Manager-Chief Engineer, requested that the number of items be taken out of order to accommodate interested persons in the audience. At this time, President Menesini proceeded to Item 13.b., Budget and Finance. 13. BUDGET AND FINANCE b. RECEIVE MAY 1997 FINANCIAL STATEMENTS In the absence of Controller Deborah Ratcliff, Ms. Collette Curtis-Brown, Accounting Supervisor, reviewed the results of operations and maintenance expenses for the month of May 1997, noting that revenues were $25,329,000 or $1.5 million below budget. Expenditures for the month of May 1997 were $317,000 less than budget, representing a 13.7 percent favorable variance. Year to date expenditures were $1 .7 million below budget. Ms. Curtis-Brown reported that the District's temporary investments were held in Treasury bills and Treasury notes, commercial paper, and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 5.161 percent to 6.453 percent. The latest interest rate as of May 1997 was 5.567 percent. The average yield of the LAIF account through April 1997 was 5.612 percent. President Menesini thanked Ms. Curtis-Brown for her report and declared that the May 1997 Financial Statements were duly received. At this time, President Menesini proceeded to Item 13.a. a. APPROVE A BOARD RESOLUTION TO ADOPT THE 1997-1998 PERSONNEL. EQUIPMENT. CAPITAL IMPROVEMENT. OPERATIONS AND MAINTENANCE. AND SELF-INSURANCE FUND BUDGETS AS COMPRISING THE 1997-1998 DISTRICT BUDGET Mr. Dolan, General Manager-Chief Engineer, stated that Ms. Collette Curtis-Brown, Accounting Supervisor, is the chief architect of the District budget process. She, together with a group of people called the Budgeteers, have completed the various budget components which are now recommended for final Board approval. The Board commended Ms. Curtis-Brown and all those who contributed throughout the budget process. 06 19 97 173 It was moved by Member Hockett and seconded by Member Boneysteele, that Resolution No. 97-119 be adopted, adopting the 1997-1998 Personnel, Equipment, Capital Improvement, Operations and Maintenance, and Self-Insurance Fund Budgets as comprising the 1997-1998 Central Contra Costa Sanitary District Budget. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Lucey, Menesini NOES: Members: None ABSENT: Members: Nejedly At this time, President Menesini reverted to the order of the agenda. a. 6. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that he had reported previously to the Board on the feedback received from a Special District Board Management Institute Seminar. The Board was provided with information on the Special District Administration seminar scheduled for July 8 and 9, 1997. Mr. Dolan indicated that he called the Institute and found out that this particular seminar is directed more towards administration rather than Board level information. While the Board may still be interested and there is money in the budget, the February session may be more focused on Board issues. 2) Mr. Dolan, General Manager-Chief Engineer, distributed a handout and described the status of the Outfall Diffuser Flaps Repair. Mr. Dolan stated that a revised scope of work was submitted to the contractor, Underwater Resources. The contractor has been given ten days to come up with a cost for doing the work. That work is estimated to be less than the original contract price and is to be completed in July 1997. The second part of the project is for cleaning sediment out of the Outfall pipe. From June 24 through June 27, 1997, the contractor will be jetting and dredging the material out of the pipe. There have been some difficulties because of the changes in conditions. Mr. Dolan stated that the contractor has now agreed to complete the work for removing the sediment for the original contract price. 3) Mr. Dolan, General Manager-Chief Engineer, stated that last year contained thirty of the wettest days in California history and thirty of the driest winter days in California history. This is a reminder that periodic wet winters and landslides are part of a way of life for a sanitary district with 1,500 miles of pipe in the ground. Mr. Dolan introduced Mr. Curt Swanson, Principal Engineer, who provided an update on the 1996-1997 storm damage. Mr. Swanson stated that erosion or landslides due to heavy rains around New Year's Day resulted in actual damage or potential damage to District sewers at 13 locations. Mr. Swanson stated that some of this damage will result in a straight-forward repair solution, some will require an engineered solution, and some are institutionally or legally complicated. Mr. Swanson showed slides of the different projects, and described the repair categories into which each falls. Mr. Swanson stated that the emergency repair costs for these projects total $120,000. FEMA. funding for $105,300 of that has been requested and $65,300 has been approved to date. The costs for permanent repairs total $485,000 which includes betterment. FEMA funding for $213,000 of that has been requested and $43,000 has been approved to date. The Crescent Drive area suffered the largest damage. By the time the winter is over, there is a very limited time for geotechnical work, design, and construction before the winter rainy season begins again. Mr. Swanson described the Crescent Drive landslide repair. The Board thanked Mr. Swanson for his report. 06 19 97 174 b. c. d. 4) Mr. Dolan, General Manager-Chief Engineer, announced that Acme Fill has expressed an interest in extending its landfill gas contract with the District for one year. Plant Operations Department Manager Charles Batts and District Counsel Kent Aim will be working with Acme on this and will report back to the Board when more information is available. COUNSEL FOR THE DISTRICT 1 ) In keeping with the provisions of the Brown Act with regard to reporting a settlement once the case has been concluded, Mr. Kenton L. Aim, Counsel for the District, announced that settlement has been reached with regard to the Eckhoff Accountancy portion of the litigation entitled CCCSD v. Orinda- Moraga Disposal Service, Inc., et aI, Contra Costa County Superior Court No. C96-00562. A signed settlement agreement and a check in the amount of $250,000 have been received. SECRETARY OF THE DISTRICT None BOARD MEMBERS 2) 3) 1 ) Board and staff members reported on the May 30-31, 1997 California Association of Sanitation Agencies (CASA) meeting at which topics of discussion included economics and feasibility studies dealing with the plan for California Inland Bays and Estuaries, resistance to land application of biosolids, and issues relating to implementation of Proposition 218, the Right to Vote on Taxes Initiative. Selection of the President Pro Tem for the remainder of 1997 was held until the next Board Meeting when all the Board Members are expected to be present. Member Lucey announced that he will be out of town and unable to attend the August 7, 1997 Board Meeting. 7. BREAK A break was taken out of order earlier in the agenda. 8. ENGINEERING APPROVE PROJECT AND AUTHORIZE $33.000 FROM THE COLLECTION SYSTEM PROGRAM CONTINGENCY FOR ENGINEERING AND DESIGN FOR THE CRESCENT DRIVE STORM DAMAGE REPAIR PROJECT, DP 5162 a. This item was taken out of order later in the agenda. b. ADVISE THE BOARD OF THE CLOSE OUT OF 24 CAPITAL IMPROVEMENT PROJECTS President Menesini suggested that the District take the opportunity of project close out to indicate the District's appreciation to the affected cities and towns for their cooperation during project construction. The District leaves millions of dollars behind in the cities and towns without so much as a bow or a nod. President Menesini stated that the District should communicate to the cities and towns when projects are completed. Mr. Jarred Miyamoto-Mills stated that is done at the staff level after adoption of the Capital Improvement Budget and Plan, letting other jurisdictions know what is planned in their areas in the coming years. That might offer an opportunity to recap the completed projects as well. In the discussion that followed, it was the consensus of the majority of Board Members present that no formal presentation or communication be made with the cities and towns 06 19 97 175 upon project completion. If the President of the Board wishes to communicate with the cities and towns, that is his prerogative. The Board was advised of the close out of 24 capital improvement projects, with a total net underrun of $942,611, approximately six percent of the total authorized budgets for these projects. This item was presented for the Board's information only. No action was taken. 9. HUMAN RESOURCES ADOPT MEMORANDUM OF UNDERSTANDING (MOU) WITH THE MANAGEMENT GROUP. EFFECTIVE MAY 1. 1997 THROUGH SEPTEMBER 17.2000 a. It was moved by Member Lucey and seconded by Member Boneysteele, that the MOU between the District and the Central Contra Costa Sanitary District Management Group, covering all positions designated as Management, effective May 1, 1997 through September 17, 2000, be adopted; and that the class description for the Community Affairs Manager position be adopted. There being no objection, the motion was approved with Member Nejedly being absent. b. ADOPT MEMORANDUM OF UNDERSTANDING (MOU) WITH THE INCUMBENT DEPUTY GENERAL MANAGER. EFFECTIVE MAY 1. 1 997 THROUGH SEPTEMBER 17.2000 It was moved by Member Lucey and seconded by Member Hockett, that the MOU between the Central Contra Costa Sanitary District and Paul Morsen, the incumbent Deputy General Manager, effective May 1, 1997 through September 17, 2000, be adopted. There being no objection, the motion was approved with Member Nejedly being absent. a. 10. CORRESPONDENCE NOTE RECEIPT OF LETTER DATED JUNE 10. 1997 FROM MR. GEORGE W. EMERSON. PRESIDENT OF GOLETA SANITARY DISTRICT BOARD OF DIRECTORS. REQUESTING SUPPORT FOR SB 712 (HAYES) CORRECTING INCONSISTENCIES IN PROCEDURES UTILIZED BY LOCAL AGENCY FORMATION COMMISSIONS (LAFCO'S) TO REORGANIZE SPECIAL DISTRICTS: CONSIDER DRAFT LETTERS OF SUPPORT Following discussion, it was the consensus of the Board that receipt of the letter dated June 10, 1997 from Mr. George W. Emerson, President of Goleta Sanitary District Board of Directors, requesting support for SB 712 (Hayes) correcting inconsistencies in procedures utilized by Local Agency Formation Commissions (LAFCO's) to reorganize special districts, be noted; and that the draft letters of support to Assemblywoman Lynne Leach and Assemblyman Tom Torlakson be approved. At this time, President Menesini returned to Item 8.a., Engineering. 8. ENGINEERING a. APPROVE PROJECT AND AUTHORIZE $33,000 FROM THE COLLECTION SYSTEM PROGRAM CONTINGENCY FOR ENGINEERING AND DESIGN FOR THE CRESCENT DRIVE STORM DAMAGE REPAIR PROJECT. DP 5162 Following discussion of the total cost of this project, it was moved by Member Boneysteele and seconded by Member Lucey, that the project be approved and that the General Manager-Chief Engineer be authorized to allocate $33,000 from the Collection System Program Contingency Account for the Crescent Drive Storm Damage Repair Project, DP 5162. There being no objection, the motion was approved with Member Nejedly being absent. At this time, President Menesini reverted to the order of the agenda. 06 19 97 176 11. APPROVAL OF MINUTES MINUTES OF REGULAR MEETING OF JUNE 5. 1997 a. b. MINUTES OF ADJOURNED REGULAR MEETING OF JUNE 10. 1997 It was moved by Member Boneysteele and seconded by Member Hockett, th8t the minutes of the Regular Meeting of June 5, 1997 and the minutes of the AdjOtJf'ned Regular Meeting of June 10, 1997, be approved as presented. There being no objection, the motion was approved with Member Nejedly being absent. 12. APPROVAL OF EXPENDITURES EXPENDITURE LIST DATED JUNE 19. 1997 a. Member Boneysteele, stated that in the absence of Member Nejedly, he reviewed the expenditures and found them to be satisfactory. It was moved by Member Boneysteele and seconded by President Menesini, that the Expenditure List dated June 19, 1997, including Self-Insurance Check Nos. 101320- 101330., Running Expense Check Nos. 10.400.8-104162, and Sewer Construction Check Nos. 18500-18534, be approved as recommended. There being no objection, the motion was approved with Member Nejedly being absent. 13. BUDGET AND FINANCE ADVISE THE BOARD OF THE CLOSE OUT OF 24 CAPITAL IMPROVEMENT PROJECTS a. This item was taken out of order earlier in the agenda. b. RECEIVE MAY 1997 FINANCIAL STATEMENTS This item was taken out of order earlier in the agenda. 14. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 15. ANNOUNCEMENTSISUGGESTIONS FOR FUTURE AGENDA ITEMS None 16. CLOSED SESSION a. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a). The title of the litigation discussed was Vernon D. Paulson, et al v. Board of Retirement of the Contra Costa County Employees Retirement Association, et ai, Contra Costa County Superior Court No.. C96-Q.2939. b. 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 Deputy General Manager Paul Morsen, Human Resources Manager Cathryn Freitas, and Labor Counsel Dan Clinton, and the pertinent employee organization is the Central Contra Costa Sanitary District Employees' Association Public Employees' Local No.1. 06 19 97 177 At 5:48 p.m., President Menesini declared the closed session to discuss existing litigation pursuant to Government Code Section 54956.9(a) and labor negotiations pursuant to Government Code Section 54957.6 as noted above. At 6:42 p.m., President Menesini concluded the closed session and reconvened the meeting into open session. 17. REPORT OF DISCUSSIONS IN CLOSED SESSION No decisions were made or votes taken in closed session that require reporting at this time. 18. ADJOURNMENT There being no further business to come before the Board, President Menesini adjourned the meeting at the hour of 6:43 p.m. ~~A1.~~ President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 06 19 97