Loading...
HomeMy WebLinkAboutBOARD MINUTES 11-20-97 266 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON NOVEMBER 20, 1991' 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 November 20, 1997. President Menesini called the meeting to order and requested that the Secretary call roll. None 1. ROLL CALL PRESENT: Members: Lucey, Nejedly, Hockett, Boneysteele, Menesini ABSENT: Members: None 2. PUBLIC COMMENTS 3. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item 7.a., Administrative, was taken out of order following the closed session. a. 3) 4) 11 20 4. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Roger J. Dolan, General Manager-Chief Engineer, introduced Mr. Jay S. McCoy, Infrastructure Division Manager, who provided an update on the status of repair of two slides resulting from the big storms last winter. Mr. McCoy stated that the District received notification today of Federal Emergency Management Agency (FEMA) funding for repair of the storm damage at Crescent Drive in Orinda and Minor Road in Orinda. A total of $192,533 was requested for these emergency and permanent repairs and $184,871 was approved for funding. Mr. McCoy showed slides and described the Crescent Drive and Minor Road storm damage repair. In closing, Mr. McCoy reported that he inspected the areas this morning after the rain earlier this week and can report that the repairs are stable. 2) Mr. Dolan, General Manager-Chief Engineer, provided an update on the status of the recruitment for the Safety and Risk Manager position. Mr. Dolan stated that advertisements have been placed in various safety, risk management, and jobs available publications. Some resumes have begun to come in. The deadline is January 9, 1998. During January the telephone search activity will peak. Efforts are being made to avoid the holiday season. Mr. Dolan stated that he will keep the Board apprised. Mr. Dolan, General Manager-Chief Engineer, stated that he has requested all of the District managers who meet the minimum qualifications for the Deputy Chief Engineer position to provide, by early December, if they wish, their ideas on important challenges facing the District, organizational changes that should be considered to respond to those challenges, and staffing changes appropriate to the new organization. Mr. Dolan stated that he would be sharing that input with the Board Personnel Committee as part of the process to fill the vacancy that will be created by Deputy Chief Engineer Robert A. Baker's retirement. Mr. Dolan, General Manager-Chief Engineer, announced that there was a break in at the Maltby Pumping Station. The total loss of tools and equipment is approximately $5,000. The area has been secured to the 97 b. 267 degree practical and there has been no further loss. The District is working with the Sheriff's Department to obtain greater coverage. 5) Mr. Dolan, General Manager-Chief Engineer, announced that the District's holiday party will be held on December 6, 1997 at 7:00 p.m. at the Crockett Community Center. Mr. Dolan invited the Board to attend. 6) Mr. Dolan, General Manager-Chief Engineer, announced that four families on Cree Court in San Ramon have filed a lawsuit against the District, East Bay Municipal Utility District (EBMUD), and the East Bay Regional Park District (EBRPD) relating to a soil subsidence problem. Mr. Dolan stated that he is not knowledgeable with regard to the EBRPD implication, but he sees no substance to the claims against the two utilities. When more information is available, the Board will be briefed in closed session. 7) Mr. Dolan, General Manager-Chief Engineer, announced that the Elsberry lawsuit against the District has been formally withdrawn by all plaintiffs. 8) Mr. Dolan, General Manager-Chief Engineer, announced that the Central Contra Costa Solid Waste Authority (CCCSWA) will hold a reception at 4:30 p.m. on December 11, 1997 following their regular meeting to recognize the contributions of the District to CCCSWA. All the Board Members are invited to attend. 9) Mr. Dolan, General Manager-Chief Engineer, announced that the Statewide Environmental Impact Report (EIR) on biosolids disposal agreed to as part of the Central Valley lawsuit has been accepted by the Courts and can proceed. Sufficient funds are available. The District, with Board concurrence, agreed to participate at a cost of $5,000. The California Association of Sanitation Agencies (CASA) will act as the organizational entity and is working on organizational and administrative issues. COUNSEL FOR THE DISTRICT 1 ) Mr. Kenton L. Aim, Counsel for the District, reported that at the last meeting Member Lucey requested an update on Proposition 208, the California Political Reform Act of 1996. Mr. Aim distributed and highlighted a fact sheet prepared by the Fair Political Practices Commission, comparing the state campaign finance law prior to and after passage of Proposition 208 which became effective January 1, 1 997. Mr. Aim stated that five lawsuits have been filed and consolidated contesting the constitutionality of Proposition 208. To date no restraining order has been issued nor has the proposition been set aside. Mr. Aim discussed campaign finance and adoption of voluntary expenditure ceilings as set forth in the fact sheet. Government Code Section 85301 (b) prohibits candidates running for the District Board from accepting a contribution or contributions totaling over $250.00 per contributor per election. If the voluntary expenditure ceiling is adopted, the District may establish voluntary expenditure ceilings for candidates and candidate controlled committees not to exceed $1.00 or less per resident of the District per election. If a voluntary expenditure ceiling ordinance is adopted, the contribution limitations under Section 85301 increase to $500.00. Mr. Aim stated that if the Board is interested in studying this matter more thoroughly, a more detailed recommendation can be made, but at this point that did not seem appropriate. Following discussion, Member Lucey thanked Mr. Aim for the report and stated that it answered his questions. c. SECRETARY OF THE DISTRICT None 11 97 20 268 d. 4) BOARD MEMBERS 1 ) Member Lucey reported that he visited the Moraga Pumping Station recently to view the seismic upgrades being made. Member Lucey stated that staff is to be commended for operating and upgrading that facility with no complaints from nearby residents during construction. 2) Member Nejedly reported that he visited the Maltby Pumping Station and found the work on the emergency repair to be quite involved but moving along. 3) President Menesini reported that at the recent Martinez City Council Meeting, the City expressed appreciation to the District for our participation in the cooperative program we are doing with them on Pacheco Boulevard. President Menesini stated further that the City seemed not to be aware of the Household Hazardous Waste Collection Facility even though it will meet a requirement for the City's solid waste annual report. He was able to furnish them with some useful information. Ms. Harriette Heibel, Community Affairs Manager, reviewed the schedule for sending information on the Household Hazardous Waste Collection Facility to residents in the participating communities. A staged distribution program has been developed to keep the facility from being overwhelmed during the start up phase. President Menesini reported that the City of Martinez is developing a flood control program. The District was omitted from that as the City was not aware of the flood water going into District pipelines during severe wet weather events. President Menesini reported on the 11 th Annual San Francisco Bay Decision Makers Conference at which a major topic of discussion was the development of an entrepreneurial enterprise of land banking as a means of mitigation of wetlands loss. 5. BREAK At 2:58 p.m., President Menesini declared a recess, reconvening at the hour of 3: 12 p.m. with all parties present as previously designated. 6. SOLID WASTE a. REPEAL ORDINANCE NO. 157 WHICH ADOPTED TITLE 8. GARBAGE. OF THE DISTRICT CODE. EFFECTIVE JANUARY 1. 1998 It was moved by Member Boneysteele and seconded by Member Lucey, that Ordinance No. 203 be adopted, repealing Title 8, Garbage, of the District Code, effective January 1, 1998. Following discussion of payroll and benefit services for Central Contra Costa Solid Waste Authority (CCCSWA) staff, the above motion was unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Lucey, Nejedly, Hockett, Menesini None None President Menesini stated the consensus of the Board, that CCCSWA staff be advised to proceed with all due speed in securing payroll and benefit services from another source. 11. 20 97 269 7. ADMINISTRATIVE a. DISCUSS AND CONSIDER APPOINTMENT OF DISTRICT COUNSEL FOR LABOR AND EMPLOYMENT MATTERS This item was taken out of order later in the agenda following closed session. 8. ENGINEERING a. ACCEPT CONTRACT VVORK FOR THE HOUSEHOLD HAZARDOUS VVASTE COLLECTION FACILITY PROJECT. DP 7165. AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION Mr. Dolan, General Manager-Chief Engineer, introduced Ms. Elaine Jacobs, Household Hazardous Waste Supervisor, who provided an update on the performance of the Household Hazardous Waste (HHW) Facility during its first month of operation. Ms. Jacobs shared some of the comments of those using the HHW Facility, and indicated that it is apparent that the District's "Don't Dump Down the Drain" message is being heard because people are holding the materials until the permanent HHW Facility opened. Ms. Jacobs stated that operation of the HHW Facility was planned and budgeted based on the estimation that it would be used by approximately 4 percent of the population per year, or 25 cars per day. The HHW Facility is open on both Saturday and Sunday to make use of the facility as convenient as possible for the public. The facility is open Thursday through Saturday from 9:00 a.m. to 4:00 p.m. and Sunday from 1 :00 p.m. to 4:00 p.m. Since the HHW Facility opened on October 25, 1997, there have been an average of 75 cars per day. If this level of participation continues, the budget will be impacted from increased costs for disposal. In less than one month of operation, the facility has served 1,173 customers. The reuse room is successful; 1,193 containers of products have been given out for reuse. The level of recycling is approximately 36 percent. Discussion followed with regard to the anticipated level of participation after the initial start up phase, and payment of subcontractors who worked on the project. Following discussion, it was moved by Member Hockett and seconded by Member Nejedly, that the contract work for the Household Hazardous Waste Collection Facility Project, DP 7165, be accepted and the filing of the Notice of Completion authorized. There being no objection, the motion was unanimously approved. 9. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED NOVEMBER 20. 1997 It was moved by Member Nejedly and seconded by Member Boneysteele, that the Expenditure List dated November 20, 1997, including Self-Insurance Check Nos. 101376- 101381, Running Expense Check Nos. 106799-107058, Sewer Construction Check Nos. 19088-19151, and Payroll Check Nos. 46932-47203, be approved as recommended. There being no objection, the motion was unanimously approved. 10. BUDGET AND FINANCE a. CAPITAL IMPROVEMENT BUDGET FIRST QUARTER STATUS REPORT Mr. Dolan, General Manager-Chief Engineer, introduced Mr. John Mercurio, Management Analyst, who presented the 1997-1998 Capital Improvement Budget (CIB) First Quarter Status Report. Mr. Mercurio stated that last fiscal year several projects were delayed and some new projects were initiated in the middle of the year. For that reason, the 1996- 1997 CIB was under spent; and as a result of the carryover, current projections are that the Treatment Plant element of the 1997-1998 CIB will be over spent. Discussion followed with regard to the procedure used in applying deferral figures. It is currently projected that expenditures will total $29.4 million at year end plus debt retirement of $2.2 million for total expenditure of $31.6 million. This is $72,000 or 0.2 percent greater than the 1997-1998 CIB estimate. Mr. Mercurio presented a summary of key project expenditures as set forth on handouts distributed to the Board. Mr. Mercurio stated that 11 20 97 270 expenditures for the first quarter were $5.4 million. CIB revenues for the first quarter ended September 1997 were $3.7 million. At June 30, 1998, the Sewer Construction Fund balance is projected to be $39,648,000, down from the July 1, 1997 balance of $53,996,000. President Menesini declared that the 1997-1998 CIB First Quarter Status Report was duly received. b. RECEIVE LETTER FROM DISTRICT'S BENEFIT COUNSEL REGARDING BOARD RESPONSIBILITY FOR ADMINISTRATION OF DISTRICT'S 401 fA) AND 457 PLANS A letter dated November 17, 1997 from Mr. Lee A. TqJcker, of Trucker Huss, the District's Benefit Counsel, concerning Board responsibility for plan investments had been previously distributed to the Board. It was noted that this letter provides clarification and clearly defines the responsibilities of the parties. Ms. Deborah Ratcliff, Controller, stated her intention to add a section to the Deferred Compensation Advisory Committee's Annual Report showing the addition or deletion of investment options; but because of the due diligence used in selecting the providers, it is not necessary for the Board to act on individual investment options. President Menesini declared that the November 17, 1997 letter from Mr. Lee A. Trucker, of Trucker Huss, concerning Board responsibility for administration of the District's 401 (a) and 457 Plan investments was duly received. 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION a. REVIEW STATUS OF EMERGENCY REPAIRS TO 20-INCH PIPE IN MALTBY PUMPING STATION AND DETERMINE BY 4/5 VOTE IF THERE IS A NEED TO CONTINUE THE EMERGENCY ACTION Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Jim Belcher, Senior Engineer, who thanked the Board for their support through this emergency situation. Mr. Belcher stated that staff has been working hard to complete this difficult repair. Collection System Operations (CSO) Department, Pumping Stations, and Plant Operations Department employees came together to mitigate what could have been a significant problem. The work is very close to being completed. Mr. Belcher reviewed the history of events leading to the catastrophic failure at the Maltby Pumping Station. On September 24, 1997, a failure in the 20-inch pipe at Maltby Pumping Station occurred. Emergency repairs began. A portable pump was used to pump the flow from the pumping station. On September 26, 1997, the interim emergency repairs were completed and three pumps were available at the pumping station. During the week of September 29, 1997, a spool piece was installed, allowing the three pumps to be operational. During the week of October 6, 1997, the temporary pump-around system was completed, and the permanent repair and replacement design was finalized. The following week material was order and fabrication started. During the week of October 25, 1997, the M2 pipeline was available for use. On November 5, 1997, Dalzell, the contractor, began installation of the new pipe. Mr. Belcher described the difficult access and cramped working space which slowed the pace of the work. During the week of November 17, 1997, the first phase of the replacement was completed. All three pumping station pumps were available. The final work should be completed next week. The last piece of piping will be installed, and worked will proceed to pressure check the pipe and clean up the area. Mr. Belcher showed slides of the progress of the work and the difficult access. The total cost of this repair including contractor, materials, and pump rental is estimated at $60,000. In addition, it is estimated that 600 hours of force account labor was used. The Board thanked Mr. Belcher for his informative report. Member Boneysteele requested that a resolution be prepared commending staff for their efforts and dedication in completing this emergency repair. It was moved by Member Boneysteele and seconded by Member Nejedly, that there is a need to continue with emergency action to effect repairs to the 20-inch pipe in the Maltby Pumping Station. Motion unanimously approved on the following vote: 11 20 97 271 AYES: Members: Boneysteele, Nejedly, Lucey, Hockett, Menesini NOES: Members: None ABSENT: Members: None 12. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Boneysteele requested a periodic report on the performance of the Household Hazardous Waste Collection Facility. Following discussion, it was agreed that a written report will be provided once a month for the next six months. 13. CLOSED SESSION a. PERSONNEL MATTERS - PUBLIC EMPLOYEE APPOINTMENT: DISTRICT COUNSEL FOR LABOR AND EMPLOYMENT MATTERS The closed session was held pursuant to Government Code Section 54957: Public Employee Appointment. The title of the position discussed was District Counsel for Labor and Employment Matters. At 5:03 p.m., President Menesini declared the closed session pursuant to Government Code Section 54957 as noted above. At 6: 1 0 p.m., President Menesini concluded the closed session and reconvened the meeting into open session. 14. REPORT OF DISCUSSIONS IN CLOSED SESSION At this time, President Menesini proceeded to Item 7.a., Administrative. 7. ADMINIS!RA TIVE a. DISCUSS AND CONSIDER APPOINTMENT OF DISTRICT COUNSEL FOR LABOR AND EMPLOYMENT MATTERS Mr. Kenton L. Aim, Counsel for the District, announced that following discussion in closed session, the Board has reached tentative consensus as to selection of District Counsel for Labor and Employment Matters selecting the firm of Hanson, BÍ"idgett, Marcus, Vlahos & Rudy, LLP with lead counsel being Mr. W. Daniel Clinton; and that staff has been directed to negotiate draft terms of an agreement with that firm for consideration and final approval by the Board. At this time, President Menesini reverted to the order of the agenda. 1 5. ADJOURNMENT There being no further business to come before the Board, President Menesini adjourned the meeting at the hour of 6:12 p.m. . £:~~Æ- ? ~c; Pr äent of the Board of irectors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: c.L S c etUry of the Central C tra Co a Sanitary District, County of Contra Costa, State of California 11 20 97