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HomeMy WebLinkAboutBOARD MINUTES 12-18-97M MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON DECEMBER 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 December 18, 1997. President Menesini called the meeting to order and requested that the Secretary call roll. PRESENT: Members: Lucey, Nejedly, Hockett, Boneysteele, Menesini ABSENT: Members: None It was moved by President Menesini and seconded by Member Hockett, that Member James A. Nejedly be elected District Board President for 1998. Member Nejedly was elected by unanimous acclamation. It was moved by Member Hockett and seconded by Member Nejedly, that Member Gerald R. Lucey be elected President Pro Tern of the District Board of Directors for 1998. Member Lucey was elected by unanimous acclamation. None Mr. Roger J. Dolan, General Manager -Chief Engineer, stated that in recent months staff has kept the Board up-to-date with the emergency repair at the Maltby pumping station. Inspired as much by individual performance as the outstanding teamwork, the Board requested that a resolution of commendation be prepared for employees who contributed so much to making this repair. Following discussion, it was moved by Member Boneysteele and seconded by Member Nejedly, that Resolution No. 97-202, Commendation for Emergency Repair of Maltby Pumping Station, be adopted. There being no objection, the motion was unanimously approved. Member Lucey requested that Consent Calendar Item c. be pulled for discussion. It was moved by Member Nejedly and seconded by Member Boneysteele, that the Consent Calendar, consisting of Items a. through g. excluding Item c. which was pulled for discussion, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 97-203 accepting work and Offers of Dedication from Crow Canyon Developers, Ltd., Job 5067, Parcel 1, on Deerwood Road in San Ramon, was adopted, and recording was authorized. Motion unanimously approved on the following vote: 12 18 97 281 AYES: Members: Nejedly, Boneysteele, Lucey, Hockett, Menesini NOES: Members: None ABSENT: Members: None b. Resolution No. 97-204 accepting work and Offers of Dedication from Crow Canyon Developers, Ltd., Job 5067, Parcel 2, on Deerwood Road in San Ramon, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: Nejedly, Boneysteele, Lucey, Hockett, Menesini NOES: Members: None ABSENT: Members: None C. This item was removed from the Consent Calendar for discussion. d. Authorization was given for P.A. 97-13 (Alamo) to be included in a future formal annexation to the District. Motion unanimously approved on the following vote: AYES: Members: Nejedly, Boneysteele, Lucey, Hockett, Menesini NOES: Members: None ABSENT: Members: None e. The contract work was accepted for the construction of the Crescent Drive, Miner Road, and Los Arabis Drive Storm Damage Repair Project (DP 5162) in Orinda and Lafayette, and the filing of the Notice of Completion was authorized. Motion unanimously approved on the following vote: AYES: Members: Nejedly, Boneysteele, Lucey, Hockett, Menesini NOES: Members: None ABSENT: Members: None f. The attendance of Associate Engineer Alex Rozul and Assistant Engineer Michael Penny was authorized at the February 4 through 6, 1998 Microtunneling Seminar sponsored by the Microtunneling Research Institute of the Colorado School of Mines at Golden, Colorado, at a total cost of $3,400. Motion unanimously approved on the following vote: AYES: Members: Nejedly, Boneysteele, Lucey, Hockett, Menesini NOES: Members: None ABSENT: Members: None g. Notification of the Management Support/Confidential Group (MS/CG) officers for 1997-1998 was received. This was provided for the Board's information. No action was taken. 12 18 97 282 At this time, President Menesini proceeded to Consent Calendar Item c., Quitclaim sewer easement to James R. Coe and Patricia G. Coe, Job 1646, Parcel 2, Walnut Creek area, which has been removed from the Consent Calendar for discussion. Member Lucey indicated a concern that, as a matter of protocol, this action should be discussed by the Board. He wanted to make sure that all appropriate steps were taken because the action entailed giving something of value to a District employee, even though the value may be very small. Mr. Dolan, General Manager -Chief Engineer, stated that quitclaiming an easement back to the property owner is done in the normal course of District business when the easement is no longer needed by the District. Mr. Kenton L. Alm, Counsel for the District, stated that he reviewed this matter and found no conflict of interest. This matter has been discussed with Mr. Jay S. McCoy, the Infrastructure Division Manager, and a letter from Mr. McCoy has been included in the file setting forth the facts of the situation. Since former Board Member John Clausen raised the issue of potential District liability resulting from unused easements, it has been the policy of the Board to quitclaim easements not needed by the District back to the property owners to minimize potential liability to the District. It was moved by Member Lucey and seconded by President Menesini, that Quitclaim Deed was approved to James R. Coe, et ux, Job 1646, Parcel 2; the President of the District Board of Directors and the Secretary of the District were authorized to execute and record said Quitclaim Deed; and Resolution No. 97-205 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Lucey, Menesini, Nejedly, Hockett, Boneysteele NOES: Members: None ABSENT: Members: None None 1) Mr. Dolan, General Manager -Chief Engineer, stated that after months of delay in getting an agreement signed, staff was pleased to get approval to proceed with the Illicit Discharge Elimination Program last summer. Although we are not yet fully staffed for the program, we have a few months of experience. Mr. Dolan introduced Mr. Bart Brandenburg, Pollution Prevention Program Superintendent, reported that 11 cities have come together in a joint Stormwater Program. As part of the program, West County Wastewater District (WCWD) and Central Contra Costa Sanitary District (CCCSD) perform combined stormwater and wastewater inspections. Inspections began in July 1997 shortly after the contract was signed. The contract provisions include: • Incorporation, where possible, of stormwater inspection with a sewer pretreatment inspection • Inspection of approximately 400 businesses the first year • Taking appropriate enforcement action, limited to issuing Notices of Violation and Warning Notices, and referring the matter to the appropriate city for escalated enforcement action 12 18 97 283 • One-year program budget of $213,000 Mr. Brandenburg reported that as of mid -December 1997, CCCSD had inspected 35 businesses and issued 11 Notices of Violation. Mr. Brandenburg stated that, initially, emphasis is being placed on education rather than fines. Inspections are beginning with vehicle service facilities, restaurants, and permitted industries because the nature of their businesses make them more likely to pollute. There are approximately 1,000 vehicle service facilities and 1,800 restaurants in the CCCSD service area. Automobile dealerships, quick tube, car washes, and restaurants in heavy grease areas are the first priority of the new program. The new inspector has been hired to supplement Source Control staff and will begin January 5, 1998. This position is contingent upon continued funding of the program from Contra Costa County. In addition, Mr. Ken Null, Collection System Operations Technician, will assist with restaurant inspections. Mr. Brandenburg stated that several stormwater violations have been discovered so staff believes there is an opportunity to make meaningful improvements in this area. Mr. Brandenburg showed slides of several problems that have been identified. Discussion followed with regard to the education program and the need to get information out to swimming pool pump rental companies and truck owners. President Menesini thanked Mr. Brandenburg for the informative presentation. 2) Mr. Dolan, General Manager -Chief Engineer, introduced Ms. Harriette Heibel, Community Affairs Manager, who distributed a revised draft and reviewed the proposed changes to the Central San Pipeline draft newsletter. The newsletter will be going to press early to mid January. Some clarifying comments were suggested by the Board. Member Lucey stated that the content of the newsletter is excellent, but he expressed concern that we continue to call ourselves "Central San" rather than "Central Contra Costa Sanitary District." Member Lucey stated that he conducted an uncommissioned, unscientific survey at the Broadway Plaza. Only two out of ten people responded that they had heard of Central San. Both of those people thought Central San was a landfill. When the ten people were asked if they had ever heard of Central Contra Costa Sanitary District, five answered that they had. Three of those five people thought it had to do with sewage, and two were not sure. Member Lucey requested that the full name of "Central Contra Costa Sanitary District" be added to future issues of the newsletter. President Menesini agreed, and stated that the District's outreach programs should include something to the effect that the monuments the District buries in the ground are just as monumental as those above ground. 3) Mr. Dolan, General Manager -Chief Engineer, stated that about 1983 a survey of District Board Members and employees was done. Most Board Members gave the District very good marks on what was being done, but most said the District could do better in the area of planning. The Planning Division was created and Mr. Jim Kelly was hired to manage that Division. Mr. Kelly took over the solid waste master planning effort on a joint study the District performed with the County. At that time the District also began a substantial, expensive, and incredibly successful master planning effort that began with the collection system and before it was completed encompassed several regional subsystems including Martinez, Orinda, the San Ramon Valley, Pumping Stations, the Treatment Plant, and Biosolids Handling at the Treatment Plant. This planning effort took place between eight and 12 years ago and cost between $2 million to $3 million. Each of these master plans set the stage for enhancing and strengthening the quality of the District's Capital Improvement Plan which became the backbone of the Capital Improvement Budget. The Capital Improvement Budget has been 12 18 97 284 the basis of $240 million in expenditures over the past ten years, mainly directed at wet weather handling capability. Mr. Dolan stated that as the Board is aware, the way the District handled the 1996-1997 winter storms validated the effectiveness of these programs. We are now close to the end of the large project priority list generated to handle the most substantial wet weather flows. It is now appropriate to comprehensively rethink our future priorities. Mr. Dolan introduced Mr. Jarred Miyamoto-Mills, Principal Engineer, who stated that Mr. Dolan gave a comprehensive history of recent planning efforts at the District both in the collection system and treatment plant. Mr. Miyamoto-Mills indicated that his presentation would focus on the collection system. The current collection system, comprised of 18 pumping stations and 1,400 miles of sewer system, has a replacement value in excess of $1 billion. The Collection System Planning Program is designed to establish "just -in -time" project schedules, consistent with overflow reduction goals, to assure prudent allocation of limited staff and financial resources. In the regulatory area, the U.S. Environmental Protection Agency (EPA) is preparing a national Sanitary Sewer Overflow (SSO) policy which requires a high level of service and harsh enforcement when overflows occur. The Regional Water Quality Control Board has recently published reliability guidelines for pumping stations. Mr. Miyamoto-Mills reviewed data for the last ten years from February of 1986 through January 1997 on the return frequency of sewer flow events, stating that the District design event was January 1982, a 20-year storm event. The work done by the District has eliminated most overflows in the 3 to 4 year frequency. Work is going on to correct chronic overflows. The events in 1995 and 1997 do not approach the District's design event flows. Mr. Miyamoto-Mills described the following planning projects currently underway: • Collection System Master Plan Update (DP 4893) dealing with larger interceptors and trunk sewers; • Pumping Station Master Plan Update (DP 5905) dealing with capacity, reliability, safety, and "good neighbor" projects for the District's 18 pumping stations; • Sewer Renovation Strategy (DP 5907) dealing with 1,300 miles of small sewer mains; and • Downtown Walnut Creek Facilities Plan (DP 5908) which will reduce costs and disruption from frequent maintenance in the busiest area of Walnut Creek. Mr. Miyamoto-Mills stated that the project teams to complete this work will be made up of District staff and consultants. The Planning and Infrastructure Divisions and Collection System Operations (CSO) Department conducted a formal consultant selection process. Five firms were selected for program tasks. Three professional services agreements will require Board authorization. Mr. Miyamoto-Mills showed a breakdown of the cost estimates for the various components of these planning efforts which total approximately one million dollars. 4) Mr. Dolan, General Manager -Chief Engineer, stated that Member Lucey requested information on tracking overtime charges. Member Lucey voiced concern that without a District -wide report the General Manager -Chief Engineer would not know the month -to -month status of overtime usage. Mr. Dolan stated that overtime is budgeted and managed within the Departments and Department Managers are held to the bottom line in their payroll budgets. Member Lucey's subsequent discussion with the 1� 18 97 ►�j Department Managers may have dissipated some of his concerns; however, staff took the core concern of a District -wide report to heart. Controller Debbie Ratcliff and Accounting Supervisor Collette Curtis -Brown have developed a plan whereby beginning July 1998, the monthly expense reports will display overtime figures for operations and maintenance (0&M) and capital. Mr. Dolan stated that he appreciated Member Lucey's insight and staff believes that the change will provide an enhanced degree of cost control. 5) Mr. Dolan, General Manager -Chief Engineer, stated that Mr. Jay S. McCoy, Infrastructure Division Manager, has drafted alternative language to deal with concerns expressed by Member Boneysteele relating to the Rebate Section of the District Code. Before bringing this to the full Board, staff would like to have an ad hoc committee meeting involving Member Boneysteele and anyone else interested in discussing this in greater detail before any proposal is presented to the full Board for decision. Members Boneysteele and Hockett will meet with staff on the subject of rebates prior to the presentation to the full Board. Mr. McCoy will set up that meeting. 6) Mr. Dolan, General Manager -Chief Engineer, stated that a presentation is planned for the January 8, 1998 Board Meeting dealing with expenses and revenue figures related to settlement of the Acme Landfill lawsuit. More work is needed to determine the final figures; however, the District has collected more money for settlement of the Acme dispute than the costs to the District for the Acme dispute. There are some interesting policy issues that must be considered. • Solid waste customers have not paid for insurance premiums on old liability policies. That fact could be ignored, reimbursement could be denied because of it, or a share of the premium cost on an actual cost or a present worth basis could be pro rated and the cost of the recovery backed out. • Whether and how to return any surplus to the ratepayers must be considered. Options include payment via the garbage company for credit against the solid waste bill or payment to CCCSWA. Direct payment to solid waste customers may be considered. • Options relating to funds in the legal impound account (essentially Valley Waste Management (VWM) balance) include return to CCCSWA with conditions, or payment to the customers. In these considerations, the Board may also wish to consider taking steps to ensure the success of CCCSWA, and strengthening relations with the Cities and Towns. Following discussion of alternative methods of returning surplus funds to the ratepayers, Member Boneysteele stated that it would be helpful to have a position paper setting forth the alternatives and the pros and cons of each. Mr. Dolan stated that it is planned that this matter will be discussed under Reports at the January 8, 1998 Board Meeting and a position paper will be presented at the following Board Meeting. 1) Mr. Kenton L. Alm, Counsel for the District, stated that the Board will recall from discussion in closed session that the District has been sued on a cross complaint in the matter entitled Vernon D. Paulson, et al v. Board of Retirement of the Contra Costa County Employees Retirement Association, et al, Contra Costa County Superior Court No. C96-02939. The suit alleges a� 18 97 there are certain pay differentials which have not been included in the calculation of final compensation that should have been included. Hence, the retired employee plaintiffs allege the final compensation amount should be greater than currently calculated. The plaintiffs are also asking for attorneys' fees and three years of retroactive increased retirement compensation. The lawsuit is being handled for the District by the Trucker & Huss law firm. There has been a settlement offer by the Plaintiffs. Mr. Alm stated that this information has been made public and no decision is requested from the Board, so no closed session is required at this time. This matter is being presented to advise the Board of significant potential changes relating to calculation of retirement costs. In a recent California Supreme Court case arising from Ventura County, it ruled in favor of the retirees on issues similar to those set forth in the Paulson matter, although it was broader in scope. As a result, a second lawsuit has been filed in this county on behalf of retired employees. This new matter, the Waldon case, incorporates the full breadth of the Ventura County case that went to the Supreme Court. There are issues outstanding that may or may not be resolved by action. To be taken by the Contra Costa County Retirement Board such as: • Should there be any payment made retroactively to retired employees for the last three years for the incremental amount they arguably should have received? • To what extent do there need to be additional monies paid in by employees/retirees for the employees' share of the retirement contribution? Mr. Alm stated that the real point of this discussion is to highlight that the Ventura County case and the filing of the second lawsuit by retired Contra Costa employees has changed the nature of the issues facing the District. Mr. Alm stated that except for overtime and contributions to 457 and 401(a) Plans, all other cash payments of any sort may have to be included in the calculation of final compensation. The costs to the District for retirement will likely increase some and the issue of retroactivity must be resolved. ' i O ■ a] None 1) Member Hockett reported on the December 11, 1997 Central Contra Costa Solid Waste Authority (CCCSWA) meeting at which the transfer of the Christmas tree recycling program from Valley Waste Management to Browning Ferris Industries (BFI) was approved, baseline rates were adopted, and 3,000 customers were added in the Orinda-Moraga area that were not part of the rolls at the time the new contracts were let. In addition, CCCSWA adopted a resolution and held a reception recognizing the District for its contributions to CCCSWA. President Menesini requested that a letter of appreciation be sent to CCCSWA thanking them for the recognition and the festive occasion. 2) Member Lucey reported on the December 11, 1997 Personnel Committee meeting at which the Employee Recognition Award Program was the main topic of discussion. Also at that meeting, authorization was given to fill the vacant Accounting Technician 1/11 position. Discussion followed in which the Board expressed caution about avoiding any possible perception of the Employee Recognition Award Program as a 12 18 97 287 gift of public funds, and the importance of using money saved to keep rates low. Mr. Dolan, General Manager -Chief Engineer, stated that this is a difficult area but it should be possible to identify areas where cost savings could be achieved, an accounting done, and a gainsharing amount computed for the effort in lowering costs. It may also be appropriate to consider a reward or incentive for downsizing because employees will take on additional work. The Board will be kept apprised and will continue to receive copies of the minutes of the Employee Recognition Award Program Task Force meetings. 3) In response to a question by Member Nejedly, Plant Operations Department Manager Charles W. Batts stated that a bin imploded during grit removal by Erickson from the Headworks wet well. President Menesini declared a recess at the hour of 4:55 p.m., reconvening at the hour of 5:08 p.m. with all parties present as previously designated. It was moved by Member Boneysteele and seconded by Member Nejedly, that the minutes of November 20, 1997 be approved as presented. There being no objection, the motion was unanimously approved. It was moved by Member Nejedly and seconded by Member Boneysteele, that the Expenditure List dated December 18, 1997, including Self -Insurance Check Nos. 101382- 101390, Running Expense Check Nos. 107158-107557, Sewer Construction Check Nos. 19175-19269, and Payroll Check Nos. 47204-47478, be approved as recommended. There being no objection, the motion was unanimously approved. None President Menesini requested a report of CH2M Hill's findings with regard to Sewer Renovation Strategy when their work is completed. It is expected that this will be in six to eight months. 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 position and instruct designated representatives. The District's negotiator is Secretary of the District Joyce E. Murphy, and the pertinent employee organization is the Central Contra Costa Sanitary District Management Group and Paul Morsen, as an individual. At 5:10 p.m., President Menesini declared the closed session to discuss labor negotiations as noted above. At 5:58 p.m., Member Nejedly excused himself and left the meeting. Iz 18 97 M At 6:13 p.m., President Menesini concluded the closed session and reconvened the meeting into open session. No decisions were made or votes taken in closed session that require reporting at this time. There being no further business to come before the Board, President Menesini adjourned the meeting at the hour of 6:14 p.m., to reconvene at 2:00 p.m. on Thursday, January 8, 1998 for an Adjourned Regular Board Meeting. Pr ent of the Boa of Dire tors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Sec etdry of the Centr I C tra Costa Sa nary District, County o Contra Costa, State of California 12 18 97