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HomeMy WebLinkAboutBOARD MINUTES 07-03-97 178 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 3, 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 July 3, 1997. President Menesini called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Lucey, Nejedly, Boneysteele, Menesini ABSENT: Members: Hockett Member Hockett entered the meeting at the hour of 2:05 p.m. 2. PUBLIC COMMENTS Mr. Paul Kelly, President of CCCSD Employees' Association Public Employees' Union Local 1, addressed the Board relative to labor negotiations. Mr. Kelly stated that negotiations have been excruciating to say the least. Mr. Kelly stated that he has learned about process, politics, and people. The general employees want to be equal with the other bargaining groups. On June 30, 1997, the general employees voted to ratify the proposal mailed to the mediator on that date. Mr. Kelly requested that the Board adopt the proposed contract and make it effective June 1, 1997. When this contract has been adopted, a long term healing process will be needed. Before voting to adopt the contract, Mr. Kelly asked that the Board consider the road ahead. President Menesini thanked Mr. Kelly for his comments. Member Hockett entered the meeting at the hour of 2:05 p.m. a. 3. AWARDS AND COMMENDATIONS ACKNOWLEDGE RECEIPT OF THE PUBLIC RELATIONS SOCIETY OF AMERICA. NORTHERN CALIFORNIA. 1997 COMPASS AWARD FOR CENTRAL CONTRA COSTA SANITARY DISTRICT'S 50TH ANNIVERSARY COMMEMORATIVE REPORT Ms. Harriette Heibel, Public Affairs Manager, presented the Public Relations Society of America, Northern California, 1997 Compass Award for the District's 50th Anniversary Commemorative Report to President Menesini and the Board of Directors. President Menesini congratulated Ms. Heibel and her staff on winning this award for the outstanding 50th Anniversary Commemorative Report. 4. CONSENT CALENDAR Following discussion of the Common Use Agreement with the City of Walnut Creek, it was moved by Member Nejedly and seconded by Member Lucey, that the Consent Calendar consisting of Items a. through d., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 97-120 was adopted, accepting work and Offers of Dedication from Gentle Creek Properties, Job 5185, Parcel 2, for an extension of an 8-inch sewer line located northeast of Danville Boulevard in the Town of Danville, and recording was authorized. Motior. unanimously approved on the following vote: 07 03 97 179 AYES: Members: Nejedly, Lucey, Hockett, Boneysteele, Menesini NOES: Members: None ABSENT: Members: None A Common Use Agreement with the City of Walnut Creek was approved contingent on the City's prior approval of the Agreement, 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. 97- 121 was adopted to that effect. b. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Nejedly, Lucey, Hockett, Boneysteele, Menesini None None Resolution No. 97-122 was adopted, confirming the publication of District Ordinance No. 199, which adopts the Schedule of Operations and Maintenance Rates and Charges and amends District Code Section 6.30. c. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Nejedly, Lucey, Hockett, Boneysteele, Menesini None None Resolution No. 97-123 was adopted, confirming the publication of District Ordinance No. 200, which establishes the Sewer Service Charges to be billed to all customers for 1997-1998. d. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Nejedly, Lucey, Hockett, Boneysteele, Menesini None None 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Roger J. Dolan, General Manager-Chief Engineer, requested that Item 9.a., Contractual Assessment District for properties on Leona Court in Alamo, be taken out of order to accommodate interested persons in the audience. There being no objection, President Menesini proceeded to Item 9.a. 9. ENGINEERING a. CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT FOR PROPERTIES ON LEONA COURT IN ALAMO Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Jay S. McCoy, Infrastructure Division Manager, who stated that Leona Court is a small court off Danville Boulevard in Alamo, about 1500 feet south of Gary Way where the District's first Contractual Assessment District (CAD) was formed. The purpose of a CAD is to provide sanitary sewer service on an affordable basis without cost to the District. Mr. McCoy reviewed the CAD criteria as discussed and adopted by the Board at the last Board Meeting. Based on the history of Leona Court, Mr. McCoy stated that four properties, rather than five, is appropriate for formation of the CAD on Leona Court. Mr. McCoy showed the boundary 07 03 97 180 of the proposed CAD and indicated that the four property owners are present at the Board Meeting. Mr. McCoy reviewed the proposed assessments if the CAD goes forward and the equalization charge procedure to be used if a property is sold during the first 1 0 years of the CAD and the rebate charge procedure which will be established for the next 50 years. Discussion followed with regard to collection of rebate charges, and other options for sewering this area. Member Hockett suggested that all eight of the properties on Leona Court be included in the proposed CAD and that the costs be shared equally among the eight properties. In the discussions that followed it was suggested that the owners of the three properties wishing to connect immediately would put up the money. As other properties connect, those who fronted the costs would be reimbursed in accordance with the equalization charge procedure and rebate charge procedure discussed previously. It was the consensus of the Board that final consideration of the formation of a CAD for the properties on Leona Court in Alamo be continued to July 17, 1997 to allow District staff and the CAD proponents time to obtain more information relative to construction costs of the various options. At this time, President Menesini reverted to the order of the agenda. a. 6. BIDS AND AWARDS AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO MOUNTAIN CASCADE. INC. AND AUTHORIZE CONSULTING AGREEMENT WITH DCM JOYAL ENGINEERING AND MONTGOMERY WATSON FOR THE SOUTH ORINDA SEWER IMPROVEMENTS PROJECT. PHASE 1. DP 4928 Mr. Dolan, General Manager-Chief Engineer, stated that the bidding climate has changed. Tunnelers and pipe suppliers are very busy. As a result, the bids came in higher than expected. Nevertheless, staff recommends that the District proceed with this project at this time. Following discussion of the complicated nature of the project, the status of actions to acquire the necessary easements, and procedures used to select engineering consultants, it was moved by Member Boneysteele and seconded by Member Hockett, that award of contract for construction of the South Orinda Sewer Improvements Phase 1 Project, DP 4928, be authorized to Mountain Cascade, Inc., as the lowest responsible bidder in the amount of $10,574,247; and that the General Manager-Chief Engineer be authorized to execute Professional Service Agreements with DCM Joyal Engineering in the amount of $67,000 and Montgomery Watson in the amount of $400,000. There being no objection, the motion was unanimously approved. b. REJECT BID FOR SECURITY ACCESS AND VIDEO SYSTEMS. BID REQUEST 011277CK. AND AUTHORIZE STAFF TO PROCEED WITH THE COMPLETION OF THE PROJECT (DP 8172) WITHOUT FURTHER BIDDING Mr. Dolan, General Manager-Chief Engineer, stated that the position paper describes the situation. No responsive bids were received and authorization is requested for staff to proceed with negotiation of one or more contracts for completion of the Security Access and Video Systems Project without further bidding. Staff will come back to the Board to report the status of the project and obtain authorization to award one or more negotiated contracts for completion of the project. Following discussion, it was moved by Member Lucey and seconded by Member Nejedly, that the bid received from Card Key System, Inc. be rejected as non-responsive and that staff come back with a plan to proceed for the Board's approval. Following further discussion, Member Lucey withdrew the above motion. It was moved by Member Boneysteele and seconded by Member Hockett, that the Card Key System, Inc. bid be declared non-responsive and that staff be authorized to negotiate one or more contracts for the completion of the Security Access and Video Systems Project, DP 8172. The motion was approved with Member Nejedly voting no. 07 03 97 a. 181 7. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that in 1972 the Clean Water Act was passed and the initial thrust was related to publicly owned treatment works (POTWs) and industrial waste dischargers. In the late 1980's urban runoff was identified as a major source of pollution. Water Quality regulators began imposing stormwater permits on agencies across the country which own stormwater infrastructure and serve populations greater than 100,000. Cities and counties have lobbied to ensure that the stormwater quality program would be manageable yet effective. As a result of these efforts, there is now emphasis on storage and treatment and "best management practices" or "minimum standards of operation." These best management practices include pollution prevention practices and a series of technologies and a variety of management approaches. The Illicit Stormwater Discharge Elimination Program in Contra Costa County began two years ago under the direction of Mr. Don Freitas in the County Public Works Department. To minimize duplication of effort, Mr. Freitas sought partnerships with sanitation agencies who already have source control staff at the same sites doing similar inspections. The District has been supportive of this cooperative effort. The Board approved the contract some time ago and now all of the cities and County have also approved it. Mr. Dolan introduced Mr. Bart Brandenburg, Source Control Program Superintendent, who stated that implementation of the Illicit Stormwater Discharge Elimination Program has been a long process but it has now come together. The contract for the program between Contra Costa County, Central Contra Costa Sanitary District (CCCSD), West County Wastewater District, and 11 cities is based on a one-year program budget of $213,000. CCCSD will hire one full-time inspector to augment the Source Control inspection staff who will all perform combined storm water and wastewater inspections. Inspections and enforcement will be as directed by the cities. The contract terminates in June 1998 if not renewed. CCCSD will develop administrative procedures including an inspection form, obtain enforcement authority from the cities, and develop a quarterly report format; and develop and provide inspector training on stormwater regulations, customer interface, and information to leave behind. Initially, inspections will focus on "Notice of Intent" businesses (i.e. marinas), vehicle services, and restaurants. Mr. Brandenburg reviewed the schedule for the coming months which calls for hiring the inspector and beginning inspections in August 1997. Mr. Dolan noted that the cost of the program is directly reimbursed by the County and the inspector position is contingent upon continued funding of the program from the County. President Menesini thanked Mr. Brandenburg for the update. 2) Mr. Dolan, General Manager-Chief Engineer, stated that the Parkway Cleaners discharge violation is the second enforcement violation dealing with dry cleaners in recent months. This trend is consistent with the increasing regulatory pressure being brought to bear on agencies like the District across the country by the Environmental Protection Agency. The issue is perchloroethylene (perc), a substance which has leaked from sewers and caused groundwater contamination at other agencies. Mr. Dolan introduced Mr. William E. Brennan, Plant Engineering Division Manager, who stated that perc is a toxic pollutant and suspected carcinogen. Sanitary sewer agencies have been found liable for costs of investigating and remediating releases of perc to soil andlor groundwater when the release is suspected to have originated from leaking sewer pipes. Mr. Brennan described dry cleaning operations, the use of perc in those operations, the types of process water that goes into the sanitary sewer system, and the standard types of hazardous wastes generated by dry cleaners. Mr. Brennan showed a flow diagram of a typical operation for dry 07 03 97 --------..-.---.--. 182 . 5) 07 cleaning using perc. It is believed that there was a leak and perc in the Parkway Cleaners operation is finding its way into the cooling water for the dry cleaning machine. Mr. Brennan stated that perc is a total toxic organic and hazardous waste, and District ordinance prohibits its discharge to the sanitary sewer system. Mr. Brennan reviewed the chronology of events relating to Parkway Cleaners beginning with a referral notice from the Bay Area Air Quality Management District on May 30, 1997, inspections and sampling by the District, and the laboratory results of sample analyses. The results of the laboratory analysis received on July 3, 1997 shows perc at 2.1 mgll which is three times the hazardous waste requirement limit of 0.7 mgll. In addition, Parkway Cleaners has violated the District's total toxic organic standard. In the next few weeks, the District will be pursuing additional enforcement action including fines. 3) Mr. Dolan, General Manager-Chief Engineer, announced that the District received a Workers' Compensation dividend. The District's premium, based on a loss ratio of 19 percent, is $144,000. Based on District performance, a dividend of approximately $52,000 was received. In addition, a dividend of $15,000 was received based on the California Association of Sanitation Agencies (CASA) group performance. Mr. Dolan stated that these dividends are due to the safe working of District employees. 4) Mr. Dolan, General Manager-Chief Engineer, stated that Board Members attending the recent California Association of Sanitation Agencies (CASA) meeting might recall the discussion of a lawsuit in the Central Valley relating to land application of biosolids. The outcome of that lawsuit was that the State Water Resources Control Board is required to do an Environmental Impact Report (EIR) on biosolids disposal on agricultural land. The State Board does not have money for that and has asked CASA agencies to participate in the cost of the EIR. Quite likely those agencies with a big stake will come up with most of the money. Mr. Dolan stated that it would be appropriate for the District to stand with the other agencies; but not as a major contributor. Mr. Dolan stated that this matter can be calendared for discussions if the Board wishes. In the absence of that, the General Manager-Chief Engineer will authorize $5,000 for assistance in preparation of the EIR. The Board voiced no objection. Mr. Dolan, General Manager-Chief Engineer, announced that the District is advertising for the Crescent Drive Landslide Repair Project. The engineer's estimate for the work is $150,000. Two or three other small jobs may be incorporated into this project so this estimate may change. 6) Mr. Dolan, General Manager-Chief Engineer, announced that the District is advertising for the M2-A Force Main Project. The project will replace 200 feet of pipe. The engineer's estimate is $160,000. 7) Mr. Dolan, General Manager-Chief Engineer, announced that the cleaning aspects of the Outfall Cleaning and Diffuser Repair Project have been completed. A price based on the new diffuser flapper design has been negotiated with Underwater Resources for less than the original bid price. The work is scheduled to be done in mid-July when the currents are right. 8) Mr. Dolan, General Manager-Chief Engineer, stated that we all owe the Human Resources staff a debt of gratitude for the successful effort they mounted to get all current and retired employees signed up for the new health plans. Many thanks to Administrative Secretary Jan Frost, Personnel Assistant Judy Rivers, Personnel Analyst II Darlene Ross, and Human Resources Manager Cathryn Freitas for their cheerfulness and enthusiasm, and congratulations on a job well done. 03 97 b. c. d. 183 COUNSEL FOR THE DISTRICT 1 ) Mr. Kenton l. Aim, Counsel for the District, reported that the Contra Costa County Auditor-Controller has sent a letter to all taxing agencies in the County requesting each agency to sign an agreement that essentially indemnifies the County taxing authority for any problem that might arise from any fees placed on the County tax roll. District staff has done a thorough review of District fees and has determined they are in compliance with the requirements of Proposition 218. While this does not appear to be an issue for the District this year, this matter will be scheduled for Board consideration at a future Board Meeting because the issue of whether or not a County Auditor-Controller can require some kind of indemnification has raised controversy statewide. President Menesini requested that any information on this subject be sent to the Board in advance so there is sufficient opportunity for review prior to the Board Meeting. Mr. Aim agreed. SECRETARY OF THE DISTRICT 1 ) Following discussion, it was the consensus of the Board that the August 21, 1997 Board Meeting be canceled because of a conflict with the California Association of Sanitation Agencies meeting, and that an Adjourned Regular Meeting be scheduled for August 28, 1997 at 2:00 p.m. BOARD MEMBERS 1 ) Following a brief discussion, it was moved by Member Hockett and seconded by Member Boneysteele, that Member James A. Nejedly be elected President Pro Tem for the remainder of 1997. Member Nejedly was elected by unanimous acclamation. 2) Member Nejedly reported on the June 26, 1997 Central Contra Costa Solid Waste Authority meeting at which topics of discussion included the 5 percent franchise fee for commercial recyclers recently rescinded by the City of Walnut Creek, the survey of 1 500 customers in the Walnut Creek area conducted by Browning Ferris Industries (BFI), and a separate survey conducted by the City of Lafayette. It was noted that the responses to the BFI survey were relatively favorable, although the written comments tended to be mostly negative. 3) Members Nejedly, Boneysteele, and Menesini reported on the site visit to the Windemere Ranch property, Dougherty Valley, and the Larwin Pumping Station. It was noted that comments have been received from the neighbors of the Larwin Pumping Station concerning the condition of the landscaping. The Board requested that staff investigate upgrading the landscaping at the Larwin Pumping Station and report back to the Board. 8. BREAK President Menesini declared a recess at the hour of 4:37 p.m., reconvening at the hour of 4:47 p.m., with all parties present as previously designated. a. 9. ENGINEERING CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT FOR PROPERTIES ON LEONA COURT IN ALAMO This item was taken out of order earlier in the agenda. 07 03 97 184 b. APPROVE PRINCIPLES OF AGREEMENT AS THE BASIS FOR NEGOTIATING THE LAMORINDA RECYCLED WATER PROJECT FINAL SUPPLY AGREEMENT WITH THE EAST BAY MUNICIPAL UTILITY DISTRICT Mr. Dolan, General Manager-Chief Engineer, stated that on April 24, 1997, the Draft Principles of Agreement for the Lamorinda Recycled Water Project Final Supply Agreement with East Bay Municipal Utility District (EBMUD) were reviewed in workshop session and direction was provided by the Board. Comments from Board Members and legal staff have been incorporated. Board approval is now requested. Discussion followed with regard to the risks and consequences of not having a "take or pay" provision. Mr. Dolan stated that since EBMUD is sharing in the capital costs and taking as much recycled water as possible, paying for the O&M costs, it lowers the unit cost to other users on the system. Mr. Robert A. Baker, Deputy Chief Engineer, stated that once EBMUD has installed their facilities at an estimated cost of $10 million, there will be tremendous incentive for them to use recycled water. Following discussion, it was moved by Member Boneysteele and seconded by Member Hockett, that the Principles of Agreement be approved as the basis for negotiating the Lamorinda Recycled Water Project Final Supply Agreement with EBMUD. Following discussion in which it was suggested that the language contained in the Principles of Agreement relating to the Title 22 recycled water standard andlor quality be modified, the motion was unanimously approved. c. AUTHORIZE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE A LEASE AGREEMENT WITH THE CONTRA COSTA WATER DISTRICT (CCWD) FOR USE OF CCCSD DRYING BASINS Mr. Dolan, General Manager-Chief Engineer, introduced Dr. Gail Chesler, Associate Engineer, who has managed this project for CCCSD. The proposed lease agreement allows Contra Costa Water District (CCWD) to dewater treatment residuals from the Bollman Water Treatment Plant in drying basins located on CCCSD property. This item, the Illicit Stormwater Discharge Elimination Program, and the Lamorinda Recycled Water Project are examples of cooperation and partnerships among various agencies. Mr. Dolan introduced Mr. Robert A. Baker, Deputy Chief Engineer, who stated that he believes that the proposed lease agreement is the beginning of a new era of cooperation between CCCSD and CCWD. Mr. Baker reviewed the history of development of the proposed lease agreement and described the major components of the lease agreement as set forth in the position paper. Following discussion of indemnification of CCCSD by CCWD, and monitoring and cleanup of any concentration of toxicants at the end of the lease in the unlikely event that should occur, it was moved by Member Hockett and seconded by Member Lucey, that in view of all the intense work that has gone into development of this agreement, that the General Manager-Chief Engineer be authorized to execute a lease agreement with CCWD for use of the CCCSD drying basins. There being no objection, the motion was unanimously approved. 10. APPROVAL OF MINUTES a. MINUTES OF JUNE 19. 1997 It was moved by Member Boneysteele and seconded by Member Nejedly, that the minutes of June 19, 1997 be approved as presented. There being no objection, the motion was unanimously approved. 11. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED JULY 3. 1997 It was moved by Member Nejedly and seconded by Member Boneysteele, that the Expenditure list dated July 3, 1997, including Self-Insurance Check No.1 01331, Running Expense Check Nos. 104163-104394, and Sewer Construction Check Nos. 18535- 07 03 97 185 18600, be approved as recommended. There being no objection, the motion was unanimously approved. 12. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 13. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS President Menesini requested that lengthy documents be sent to the Board Members in advance to allow more time for review prior to consideration at the Board Meeting. 14. 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 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' Union Local No.1. At 5:30 p.m., President Menesini declared the closed session to discuss labor negotiations pursuant to Government Code Section 54957.6 as noted above. At 5:50 p.m., President Menesini concluded the closed session and reconvened the meeting into open session. 15. REPORT OF DISCUSSIONS IN CLOSED SESSION Mr. Dan Clinton, Labor Counsel, reported that in closed session the Board of Directors unanimously accepted the Central Contra Costa Sanitary District Employees' Association Public Employees' Union Local 1 proposal as set forth in the letter dated June 30, 1997 to Ms. Ruth Blanco, California Mediation and Conciliation Service Mediator, and as clarified by the letter dated July 1, 1997 from Labor Counsel W. Daniel Clinton, with the effective date of the contract being June 26, 1997. 16. ADJOURNMENT There being no further business to come before the Board, President Menesini adjourned the meeting at the hour of 5:52 p.m. /!/J~ -tr. ~/Nv; President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: t.n 07 03 97