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HomeMy WebLinkAboutBOARD MINUTES 09-18-97 224 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON SEPTEMBER 18, 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 September 18, 1997. PRESENT: Members: ABSENT: Members: None 1. ROLL CALL Lucey, Nejedly, Hockett, Boneysteele, Menesini None 2. PUBLIC COMMENTS 3. CONSENT CALENDAR 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. Resolution No. 97-152 accepting an easement at no cost to the District from Somar Construction Company, Inc., Michelle Lane, Roundhill area, Job 5100, Parcel 7, was adopted and recording was authorized. a. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Nejedly, Lucey, Hockett, Boneysteele, Menesini None None b. Authorization was given for P.A. 97-8 (Danville) and P.A. 97-9 (Alamo) to be included in a future formal annexation to the District. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Nejedly, Lucey, Hockett, Boneysteele, Menesini None None The contract work for the construction of the 1996-1997 Cured-In-Place Project (DP 5119) was accepted and the filing of the Notice of Completion was authorized. c. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: 09 97 18 Nejedly, Lucey, Hockett, Boneysteele, Menesini None None None a. 225 d. November 6, 1997 at 2:00 p.m. was established as the date and time for the public hearing regarding Leona Court Contractual Assessment District No. 97-2 pursuant to California Constitution, Article XIII D, Section 4, and Streets and Highways code, Sections 5898.20 and 5898.24. Motion unanimously approved on the following vote: AYES: Members: Nejedly, Lucey, Hockett, Boneysteele, Menesini NOES: Members: None ABSENT: Members: None 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER 5. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that the District has been providing leachate treatment and disposal service to Acme Fill since June 1993. Initially, the District encountered substantial difficulty in administering the contractual relationship with Acme while Acme built and learned how to operate the pretreatment process. The most recent contract expired late in 1995. Since that time Acme has continued to discharge 25 g.p.m. to the District on a week to week contract extension. Acme has been performing satisfactorily in recent months, and staff felt that it is now to the advantage of both parties to proceed to negotiate a two-year contract. A draft has been prepared which will soon be sent to Acme. Modifications in the new contract include an option for the District to allow seasonal variation to enable the District to take more flow in winter and less in summer; an option for the District to allow greater contribution of flow from the east parcel within the total 25 g.p.m.; and changes in Acme self- monitoring requirements raising requirements in some areas and lowering requirements in other areas with a decrease in the overall cost of monitoring. Staff and District Counsel are also working on insurance requirements. The last contract was authorized and executed by the Board. Mr. Dolan stated that since we are now moving from the demonstration phase into a more or less steady operating state, it would be his intention to execute the contract extension unless the Board wishes to retain that authority. Following discussion of monitoring and toxicity of the leachate, the Board voiced no objection to the General Manager-Chief Engineer proceeding with execution of an extension to the contract with Acme Fill for leachate treatment and disposal. 2) Mr. Dolan, General Manager-Chief Engineer, introduced Community Affairs Manager Harriette Heibel, who provided an overview of the Household Hazardous Waste Collection Facility open house and program. Ms. Heibel stated that the pilot phase for employees, Blum Road residents, and mobile home park residents is scheduled for October 10-19, 1997. A media event is planned for October 23, 1997. The open house is tentatively scheduled for October 24, 1997 from 3:00 p.m. to 6:00 p.m., with the ceremony planned for 4:00 p.m. Ms. Loretta Barsamian, Executive Director of the Regional Water Quality Control Board, President Mario Menesini, and Mt. View Sanitary District Board President Greg Pyka are being asked to speak at the open house. Ms. Heibel stated that there will be self-guided tours with stations with Household Hazardous Waste technicians and staff to answer questions. The ceremony will be held in the receiving area, and light refreshments will be located in a tented area next to the receiving area. It is planned that the facility will open to the public on October 25, 1997. 09 18 97 226 4) 09 18 3) Following discussion, the Board expressed support for the proposed HHW opening events, but cautioned staff to keep the scale and expense moderate. Mr. Dolan, General Manager-Chief Engineer, stated that last spring the Board requested an update on Work Redesign activities in late summer or early fall. Since that time a lot has happened. An in depth employee survey was done, and a course of action was plotted based on the responses received. Mr. Dolan introduced Mr. Doug Craig, Planning Division Manager, who stated that Work Redesign (WRD) is a program to improve District work processes and create a culture to support continuous improvement. The WRD Program is focused on the three bottom lines of cost-effectiveness, customer service, and employee quality of work life (job satisfaction). Cultural change to support continuous improvement involves a shared vision, teamwork, employee involvement, stakeholder identification, communications, and a change-ready organization. Mr. Craig described the WRD Program structure and functions including the Steering Committee, Facilitator Network, Planning Committee, and process improvement teams. Mr. Craig stated that at the start of the WRD Program strategic planning, training, facilitation, coordination, and consultations were done by the consultants with the District participating in the coordination. The District has now assumed ongoing responsibility for strategic planning, training, facilitation, and coordination. The consultants now assist in providing training for trainers and consultation. Ms. Harriette Heibel, Community Affairs Manager, stated that employee interviews were conducted to open two way communication, determine how WRD has affected employees' work lives, determine what information employees wanted, and obtain usable feedback to help direct future WRD efforts. Ms. Heibel provided an overview of the employee interview process and a summary of responses received indicating a need to: . Better relate WRD goals and objectives to employees' self, job and work group; . Continue focus on cultural change, with emphasis on District-wide leadership behaviors; and . Provide more training and participation opportunities to fully incorporate WRD into daily work life. Dr. Gail Chesler, Associate Engineer, stated that about half of the employees have been involved in WRD activities and have had some training. To implement a more effective program, additional training on WRD skills and tools is required. Dr. Chesler described the training to be provided to approximately 70 supervisors, superintendents, and managers. In-house trainers and facilitators will be used and a reference binder will be produced in-house. Consultants will train the trainers and provide coaching. The training will be held from late October through mid-November. In closing, Mr. Craig stated that evaluations of 20 District processes have been completed, cost savings greater than $900,000 have been realized to date, the WRD program is now directed by in-house resources, employee feedback has been received, and supervisor training in being implemented. Discussion followed with regard to the cost of WRD consultants to date, the WRD binder and reference materials, the focus of the upcoming training, leadership behaviors, and the need for responsibility to accompany decision making. Mr. Dolan, General Manager-Chief Engineer, stated that when the Board received the Equipment Budget a request was made for an update presentation on the progress of implementation of the Laboratory Information Management System (lIMS) and Mainsaver Computer 97 b. 227 applications. Mr. Dolan introduced Mr. Charles W. Batts, Plant Operations Department Manager, who stated that the Mainsaver Computerized Maintenance Management System (CMMS) was installed in 1995 and a process improvement team assisted with its implementation in 1996. An equipment survey was done of 3,300 pieces of equipment to verify actual information. Equipment history, work order system, and user training have been completed. Mr. Batts showed various computer screens and described their use in tracking the maintenance of individual pieces of equipment. Mr. Batts stated that the second system, Laboratory Information Management System (LIMS), automates laboratory data management. The District laboratory currently performs more than 10,000 samples per year, conducts 45,000 laboratory tests, and approximately 20 percent additional Quality Assurance/Quality Control (QA/QC) tests are done to verify that results are within the parameters of the test. In the future there will be electronic report for use in-house and for reporting to the Environmental Protection Agency (EPA) and Regional Board. Mr. Batts provided an overview of the LlMS, showing how samples are logged in and tracked. Following discussion, President Menesini thanked Mr. Batts for his report. 5) Mr. Dolan, General Manager-Chief Engineer, stated that in November 1996 the voters of Contra Costa County approved an advisory referendum authorizing creation of a commission to develop a county charter for future approval by the Board of Supervisors and the public. The County Charter Commission, led by Supervisor Mark de Saulnier and County Administrative Officer Phil Batchelor, has set three goals: . To develop a draft charter to provide improved organizational authorities; . To provide benchmarks for County accomplishments; and . To encourage partnerships. Mr. Dolan stated that to date County staff has provided much of the language of a draft charter. Mr. Dolan stated that he does not believe that most of the commission members are convinced that the charter will enable to the County to do anything worthwhile that it is not already empowered to do as a general law county. One goal appears to be replacement of some elected department heads with appointed people. The County wishes to include benchmarking in the charter. Several commissioners are skeptical, seeing benchmarking as the management fad of the day. The County can proceed with benchmarking without a charter. If the charter is approved, benchmarking would be mandated into the future. Mr. Dolan stated that partnering may be thought by some to be a euphemism for consolidations. At the last meeting of the commission, the County staged a panel on partnering activities which noticeably did not include a utility district or hospital representative. Commissioner Sue Rainey spoke and represented utility districts describing partnering activities such as household hazardous waste, recycled water, and solid waste authority. COUNSEL FOR THE DISTRICT 1 ) Mr. Kenton L. Aim, Counsel for the District, stated that at the last Board Meeting there was an announcement concerning insurance recoveries. That has been agendized for discussion today. Mr. Aim stated that his report is preliminary as the District is currently going through a financial review by an independent certified public accountant which should be completed in the near future. Mr. Aim stated that a number of insurance recoveries have been made from environmental claims made about four or five years ago. Mr. Aim briefly reviewed the Acme Landfill and Helix litigation matters and the Basin A contamination from material received from Shell Oil in 1965. Mr. Aim described the process of filing the claims against old insurance 09 18 97 228 policies carried by the District and establishing coverage. Proprietors Insurance Company went out of business about 15 years ago and was in the last stages of liquidation when the claims were filed. The District also proceeded with other insurance companies still in business. Settlement in the amount of $1,250,000 was received with regard to the Acme matter and other claims, and $150,000 was received with regard to the Helix matter. Mr. AIm reported that in addition to these insurance recoveries, the District negotiated with Shell Oil Company on the basis that the material became hazardous after it was placed by Shell on the District plant site. An agreement was reached which requires Shell to pay the District on a sliding scale for clean up. Costs to date total about $500,000. The District has submitted invoices to Shell on a regular basis and they have been paid promptly. Mr. Aim stated that the last recovery relates to the Orinda-Moraga Disposal Service (OMDS) lawsuit. The District has received $250,000 in settlement from Eckhoff Accountancy and $850,000 in settlement from Robert Sliepka, a partner in OMDS. In addition, a receiver is in place and is trying to obtain title to and liquidate the remaining assets of OMDS. Total insurance recoveries have been approximately $3,000,000. Mr. Dolan commended Mr. Aim for his efforts in obtaining these recoveries. c. SECRETARY OF THE DISTRICT None d. BOARD MEMBERS 1 ) President Menesini complimented General Manager-Chief Engineer Roger Dolan and Planning Division Manager Doug Craig for their presentations to the Friends of Pleasant Hill on September 17, 1997. President Menesini suggested that the District look at the example of Pleasant Hill's 2020 Program and consider a planning program for the District. 2) President Menesini reported on the meeting he attended on the San Francisco Estuary Regional Monitoring Program for Trace Substances. This effort is of importance to the District because we also contribute to those waters. Mr. Dolan agreed and noted that Plant Operations Department Manager Charles Batts addressed the Environmental Protection Agency (EPA) on the California Toxics Rule at a hearing held on September 17, 1997. 6. BREAK At 4:05 p.m., President Menesini declared a recess, reconvening at the hour of 4: 15 p.m. 7. ENGINEERING a. ORDER COMPLETION OF DISTRICT ANNEXATION 138, TASSAJARA MEADOWS BOUNDARY REORGANIZATION. DANVILLE AREA Mr. Jay S. McCoy, Infrastructure Division Manager, stated that the action before the Board is the culmination of a process began a year ago when the petition for annexation was filed. Mr. McCoy stated that the District's sphere of influence was amended on March 12, 1997 and the Local Agency Formation Commission (LAFCO) conducted a hearing on this matter on August 13, 1997. The matter is now before the Board for consideration. Member Boneysteele entered the meeting at the hour of 4: 17 p.m. 09 18 97 229 Mr. McCoy showed a map and described the development proposed a year ago which called for 229 single family residential units. During the planning process, the number of residential units was reduced to 192. Mr. McCoy stated that during the annexation process an issue arose with regard to providing water to the proposed development. An agreement is now place between the developer Kaufman and Broad and East Bay Municipal Utility District (EBMUD) where both parties agree to further negotiate and agree upon mitigation measures to be incorporated into this subdivision. Kaufman and Broad has put up a letter of credit in the amount of $600,000 for those mitigation measures. Following discussion, it was moved by Member Lucey and seconded by Member Nejedly, that Resolution No. 97-154 be adopted, ordering completion of District Annexation 138, Tassajara Meadows Boundary Reorganization, Danville area. The motion was unanimously approved on the following vote: AYES: Members: Lucey, Nejedly, Hockett, Boneysteele, Menesini NOES: Members: None \ ABSENT: Members: None b. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH MONTGOMERY WATSON FOR PROFESSIONAL ENGINEERING DESIGN SERVICES FOR THE TREATMENT PLANT SEISMIC UPGRADE PROJECT. DP 7144 Mr. Dolan, General Manager-Chief Engineer, stated that this project and the consultant procurement process was the subject of a presentation at the last Board Meeting. Staff would be pleased to answer any questions. Member Lucey stated that since he has been on the Board of Directors he has been asked to approve only two consulting contracts over $100,000. Both contracts were over $400,000 and both were with Montgomery Watson. Member Lucey stated that although Montgomery Watson may be a fine consulting firm, in view of the recent United Parcel Service (UPS) strike there may be a problem in not developing working relationships with a large number of firms. In the discussion that followed, Mr. Dolan agreed stating that the District had a practice of selecting various consultants to develop a stable of consultants that can be used on various projects. However, it was clear that Montgomery Watson had been contracted with for a substantial amount of work recently. It was moved by Member Lucey and seconded by Member Boneysteele, that the General Manager-Chief Engineer be authorized to execute a professional engineering design services agreement with a cost ceiling not to exceed the amount of $451 ,000 with Montgomery Watson for the Treatment Plant Seismic Upgrade Project, DP 7144. There being no objection, the motion was unanimously approved. c. AUTHORIZE BOARD PRESIDENT TO EXECUTE AGREEMENTS BETWEEN THE DISTRICT AND MT. VIEW SANITARY DISTRICT AND THE CITIES OF CONCORD. CLAYTON. AND SAN RAMON FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION SERVICES Mr. Dolan, General Manager-Chief Engineer, introduced Ms. Elaine Jacobs, Household Hazardous Waste Supervisor, who stated that progress is being made and soon the Household Hazardous Waste (HHW) Collection Facility will be open to the residents and small businesses in central county. Ms. Jacobs stated that a partnership to provide household hazardous waste collection services was established with Mt. View Sanitary District and the central county cities outside the District's service area (Concord, Clayton, and the southern portion of San Ramon). Contracts have been negotiated with Mt. View Sanitary District and the Cities of Concord, Clayton, and San Ramon, and are now being presented to the Board for final approval. Ms. Jacobs stated that benefits of the service contracts include: . Economies of scale; . Establishment of one central countywide HHW collection program; 09 18 97 230 . CitylSanitary District pollution prevention objectives will be addressed jointly; and . Convenient, straightforward funding source. Ms. Jacobs reviewed the key elements of the service contracts including residential/conditionally exempt small quantity generator hazardous waste collection, temporary HHW collection events in south central county, insurance requirements, public education, and annual reporting requirements. Discussion followed with regard to the procedure for handling people from outside the HHW service area, specific provisions of the contract, and insurance and indemnity issues. Member Boneysteele objected to being given the contracts in final form after approval by the other jurisdictions since that makes it difficult to make changes. Following discussion, it was moved by Member Hockett and seconded by Member Lucey, that the President of the Board of Directors be authorized to execute agreements between the District and Mt. View Sanitary District, and the Cities of Concord, Clayton, and San Ramon for household hazardous waste collection services. There being no objection, the motion was unanimously approved. 8. HUMAN RESOURCES a. AUTHORIZE RECRUITMENT OF SAFETY AND RISK MANAGER DUE TO PENDING RETIREMENT OF RISK MANAGER AND PERIOD OF OVERLAP FOR TRAINING Following explanation by Mr. Dolan, General Manager-Chief Engineer, use of an executive search firm was discussed. Member Lucey stated that he does not support filling the new position prior to the existence of the vacancy in the Risk Manager position. Ms. Cathryn Freitas, Human Resources Manager, discussed the time required to recruit and fill the position. It was moved by Member Hockett and seconded by Member Nejedly, that staff be authorized to initiate a recruitment for the position of Safety and Risk Manager and appoint the successful candidate to the position up to several months prior to the existence of the vacancy in the Risk Manager position. There being no objection, the motion was unanimously approved. Mr. Dolan stated that he will keep the Board apprised of progress. 9. APPROVAL OF EXPENDITURES EXPENDITURE LIST DATED SEPTEMBER 18. 1997 a. Member Lucey stated that he would abstain from consideration of the Expenditure List dated September 18, 1997 because it contains payment to the firm of Corbett and Kane, the law firm from which he receives deferred compensation. It was moved by Member Nejedly and seconded by Member Boneysteele, that the Expenditure List dated September 18, 1997, including Self-Insurance Check Nos. 101344- 101352, Running Expense Check Nos. 105541-105793, Sewer Construction Check Nos. 18815-18871, and Payroll Check Nos. 46342-46643, be approved as recommended. The motion was approved with Member Lucey abstaining as noted above. 10. BUDGET AND FINANCE a. 1996-1997 CAPITAL IMPROVEMENT BUDGET YEAR-END STATUS REPORT Mr. Jarred Miyamoto-Mills, Principal Engineer, stated that this is the tenth annual year-end status report on the Capital Improvement Budget. Mr. Miyamoto-Mills stated that the Capitallmprovenient BudgetlCapital Improvement Plan (CIB/CIP) is a planning document intended to communicate prioritization and estimate costs of capital improvement projects internally, and to District customers, the public, and other interested parties. Through the CIB process each year, authority is obtained from the Board for concurrence of priority of 09 18 97 231 capital improvement work and funding for the various programs, and staff (General Manager-Chief Engineer) is authorized by the Board to make authorizations to individual projects. The post-bid project estimate is considered the final cost of the project. Change orders over $50,000 are brought to the Board for approval. The CIBICIP document is also used to provide input for cash flow planning done by the Finance Department to meet payment authorizations to contractors and consultants. CIB funds not expended in one year are not lost but are carried forward until the completion of the project. Mr. Miyamoto-Mills stated that for those two reasons, estimates used in the CIB are conservative. Because of the necessity for conservatism, project managers tend to be overly optimistic and sometimes encounter delays. Mr. Miyamoto-Mills stated that project managers are continually trying to improve project estimates taking into consideration potential delays. Mr. Miyamoto-Mills provided the 1996-1997 CIB Year-End Status Report. Actual CIB revenues of $20,028,000 were $2.6 million greater than budget, representing a 12.7 percent favorable variance. Actual CIB expenditures of $15,878,000 plus debt retirement of $2,224,000 were $10.7 million less than budget. The Sewer Construction Fund balance at June 30, 1997 was $53,996,000. President Menesini declared that the 1996-1997 Capital Improvement Budget Year-End Status Report was duly received. 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 12. ANNOUNCEMENTSISUGGESTIONS FOR FUTURE AGENDA ITEMS President Menesini requested that a progress report on the Brown and Caldwell Treatment Plant Capacity Study be made at a future Board Meeting. 13. CLOSED SESSION a. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54959.6(aL The title of the litigation discussed was Leonard/Beinke v. Central Contra Costa Sanitary District (CCCSD), Contra Costa County Superior Court Nos. C96- 02566 (Marriott Corporation and Blackhawk Country Club - CCCSD cross complaints). At 5:43 p.m., Member Hockett stated that she had a prior appointment and requested to be excused. At 5:43 p.m., President Menesini declared the closed session to discuss existing litigation as noted above. At 6: 12 p.m., President Menesini concluded the closed session and reconvened the meeting into open session. 14. REPORT OF DISCUSSIONS IN CLOSED SESSION Mr. Kenton L. Aim, Counsel for the District, stated that no actions were taken which require reporting at this time. 15. ADJOURNMENT There being no further business to come before the Board, President Menesini adjourned the meeting at the hour of 6: 13 p.m. vV!MiovtA ~ President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 09 18 97