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HomeMy WebLinkAboutBOARD MINUTES 07-15-93 155 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 15, 1993 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 3:00 p.m. on July 15, 1993. President Clausen called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Menesini, Dalton, Hockett, Rainey, Clausen ABSENT: Members: None 2. PUBLIC COMMENTS None 3. AWARDS AND COMMENDATIONS a. PRESENTATION OF 1993 ENVIRONMENTAL ACHIEVEMENT AWARDS TO COUNTRY GOURMET RESTAURANT. INTERSTAR MANAGEMENT. JOHN MUIR MEDICAL CENTER. AND GSF ENERGY . Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that the District is in an interesting position with the regulatory agencies on one side and customers on the other. Many of the District's regulations are actually mandated by Federal and State regulators. The District's customers respond to these regulations with varying degrees of responsibility. This is an opportunity to recognize customers who comply with the regulations and go the extra step in protecting the environment. Mr. Dolan introduced Mr. Bart Brandenburg, Source Control Superintendent, who stated that it is a pleasure to make this presentation today because quite often the Source Control Section finds itself in the position of presenting Notices of Violation rather than awards. Mr. Brandenburg introduced Source Control Specialist Kurt Darner, Supervising Source Control Inspector Tim Potter, Source Control Coordinator Earlene Millier, and Source Control Inspector Roberta Peterson, who nominated these businesses and industries for the four awards to be presented today. Mr. Brandenburg stated that the Country Gourmet Restaurant located in Danville, was selected because they installed a 50-pound grease trap thus providing an extra measure of environmental protection and because they regularly and frequently maintain all grease traps. This is particularly important in Danville where there is a large concentration of restaurants. Interstar Management, a management firm that manages the Crow Canyon Place Shopping Center in San Ramon, was selected to receive the Environmental Achievement Award because they responded to a Notice of Violation to a restaurant in the shopping center by getting the grease interceptor cleaned and contracting for frequent maintenance. Interstar Management reviewed the entire shopping center for restaurants that might cause a grease problem and took responsibility for keeping the grease traps clean. Mr. Brandenburg stated that John Muir Medical Center located in Walnut Creek, has eight X-ray machines in their facility and each has silver recovery equipment. Their facility was recently permitted and some violations of the standard were identified. John Muir Medical Center upgraded all eight silver recovery systems, not just the one that violated the standard. A top-of-the-line treatment system was installed which reduces chemical usage and discharges to the sewer by 50 percent. 07 15 93 156 GSF Energy located at the Acme Landfill site, has been discharging to the District since 1986. There has never been a violation even though their discharge standards are exceptionally stringent. This was accomplished in spite of the varying stream of landfill gas from Acme Landfill. GSF has consistently taken the steps needed to properly comply with all requirements. President Clausen stated that recognition of environmental achievement award recipients is one of the most pleasant tasks the Board of Directors does each year. President Clausen presented the 1993 Environmental Achievement Awards to Ms. Myra Shaw of the Country Gourmet Restaurant, Ms. Debi Goehring of Interstar Management, Mr. Vince Scocia of John Muir Medical Center, and Messrs. Jeff Brown and Paul Tavares of GSF Energy and heartily commended each recipient for their outstanding efforts in meeting the pretreatment standards and for their commitment to protecting the environment. 4. CONSENT CALENDAR Following discussion of the location of the filter plant work and the recycling water pipeline, it was moved by Member Menesini and seconded by Member Dalton, 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. 93-069 was adopted, confirming that publication has been made of District Ordinance No. 186, establishing the Sewer Service Charges to be billed by the Central Contra Costa Sanitary District to all served properties for 1993-1994. Motion unanimously approved on the following vote: AYES: Members: Menesini, Dalton, Hockett, Rainey, Clausen NOES: Members: None ABSENT: Members: None b. The Grant of Easement from Mr. Chester R. Bender, 3987 Rancho Road, DP 4785, was accepted, the President of the Board of Directors and the Secretary of the District were authorized to accept and record said Grant of Easement, and Resolution No. 93-070 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Menesini, Dalton, Hockett, Rainey, Clausen NOES: Members: None ABSENT: Members: None c. The contract work for the Filter Plant Rehabilitation Project, DP 20095, was accepted and the filing of the Notice of Completion was authorized. Motion unanimously approved on the following vote: AYES: Members: Menesini, Dalton, Hockett, Rainey, Clausen NOES: Members: None ABSENT: Members: None d. The request by Mr. Harry E. Winston, Instrument Technician, for an emergency withdrawal of $10,000 from the Deferred Compensation Plan was approved as recommended by the Deferred Compensation Plan Advisory Committee. Motion unanimously approved on the following vote: 07 15 93 157 AYES: Members: Menesini, Dalton, Hockett, Rainey, Clausen NOES: Members: None ABSENT: Members: None a. 5. HEARINGS CONDUCT PUBLIC HEARING TO RECEIVE PUBLIC COMMENT OR PROTEST ON THE COLLECTION OF DELINQUENT 1992-1993 SEWER SERVICE CHARGES ON THE 1993-1 994 COUNTY TAX ROLL Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Steve Elsberry, Accounting Supervisor, who stated that 760 letters were sent out in June 1993 billing for previously unbilled 1992-1993 Sewer Service Charges. Of those, over 500 customers have paid. The purpose of this public hearing is to place the balance of the 1992-1993 unpaid Sewer Service Charges on the 1993-1994 County tax roll. A number of telephone calls have been received and staff has responded to the questions asked. At 3:19 p.m., President Clausen opened the public hearing to receive public comment or protest on the collection of delinquent 1992-1993 Sewer Service Charges on the 1993- 1 994 County tax roll. President Clausen and each Board Member indicated that they had received a letter from Jennifer, Andrew and Shannon Adelman, characterizing the delinquent Sewer Service Charges as a retroactive tax and opposing its collection. Receipt of the letter was duly noted and President Clausen read the letter for the record. There being no further comments or correspondence, President Clausen closed the public hearing at the hour of 3:22 p.m. President Clausen requested that staff draft a response to the Adelman letter describing the difference between a tax and a service charge. Mr. Dolan stated that a draft response would be prepared for consideration by the Board at the next Board Meeting. It was moved by Member Dalton and seconded by Member Rainey, that Resolution No. 93-071 be adopted, adopting the Report of Delinquent 1992-1993 Sewer Service Charges pursuant to Health and Safety Code Section 5473, and author~ing collection of the delinquent 1992-1993 Sewer Service Charges on the 1993-1994 County tax roll. Motion unanimously approved on the following roll call vote: AYES: Members: Dalton, Rainey, Menesini, Hockett, Clausen NOES: Members: None ABSENT: Members: None 6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 7. BIDS AND AWARDS a. AUTHORIZE AWARD OF CONSTRUCTION CONTRACT FOR THE PREAERATION ODOR CONTROL PROJECT. DP 201 08. TO MONTEREY MECHANICAL COMPANY Mr. Dolan, General Manager-Chief Engineer, stated that this is another project in a series of projects designed to remove odors from the treatment plant. Mr. Dolan described the proposed project to cover the preaeration tanks and flow distribution channels with flat aluminum covers and to collect and scrub the four air beneath the covers. Mr. Dolan recommended that award of construction contract be authorized to Monterey Mechanical Company, the lowest responsible bidder. 07 15 93 158 Following discussion of applicable California Environmental Quality Act (CEOA) exemptions, it was moved by Member Dalton and seconded by Member Hockett, that award of construction contract in the amount of $850,000 for construction of the Preaeration Odor Control Project, DP 20108, be authorized to Monterey Mechanical Company, the lowest responsible bidder. Motion unanimously approved on the following roll call vote: AYES: Members: Dalton, Hockett, Menesini, Rainey, Clausen NOES: Members: None ABSENT: Members: None 8. LEGAL/LITIGATION a. DENY CLAIM FOR PERSONAL INJURY FROM ROBERT THOMPSON Testing done by the District with regard to the claim from Mr. Robert Thompson alleging water supply contamination was discussed. It was moved by Member Rainey and seconded by Member Menesini, that the claim for personal injury of Robert Thompson be denied and referred to staff for further action as required. There being no objection, the motion was unanimously approved. 9. CORRESPONDENCE a. RECEIVE LETTER FROM MS. MARILYN S. WILSON REQUESTING A REDUCTION IN CONNECTION FEES FOR A SECOND DWELLING UNIT: CONSIDER DRAFT RESPONSE Following explanation by Mr. Dolan, General Manager-Chief Engineer, receipt of the letter from Ms. Marilyn S. Wilson requesting a reduction in connection fees for a second dwelling unit was noted and the draft response was approved as modified. 10. APPROVAL OF MINUTES a. MINUTES OF REGULAR MEETING OF JUNE 17. 1993 It was moved by Member Rainey and seconded by Member Hockett, that the minutes of June 17, 1993, be approved as presented. There being no objection, the motion was unanimously approved. b. MINUTES OF ADJOURNED REGULAR MEETING OF JUNE 22. 1993 There being no corrections or additions, the minutes of the Adjourned Regular Meeting of June 22, 1993 were approved as presented. 11. APPROVAL OF EXPENDITURES EXPENDITURE LIST DATED JULY 15. 1993 a. Member Menesini, member of the Budget and Finance Committee, thanked Deputy Chief Engineer Robert Baker and Senior Engineer Ron Klimczak for their assistance in reviewing capital expenditures. Member Menesini complimented Mr. Baker and his staff for their very credible way of monitoring this work. It was moved by Member Menesini and seconded by Member Hockett, that the Expenditure List dated July 15, 1993, including Self-Insurance Check Nos. 100702- 100709, Running Expense Check Nos. 76250-76497, and Sewer Construction Check Nos. 12719-12769, be approved as recommended. There being no objection, the motion was unanimously approved. 07 15 93 None a. 159 12. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 13. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that prompted by questions expressed by Member Menesini, field visits have been scheduled to review both the capital and operating procurement, expenditure and payment process. The first visit is scheduled for 2:00 p.m. on July 19, 1993. Mr. Dolan introduced Mr. Ken Laverty, Purchasing and Materials Officer, who stated that the checks and balances system in place at the District is complex and varies depending on the type and amount of contract or agreement. Although the procedures appear quite complex, the Purchasing buyers have 36 years of experience at the District and 60 years overall purchasing experience enabling the process to run smoothly. Mr. Laverty described the three major types of contract documents: . Purchase orders used to purchase goods, materials, supplies and equipment; . Contracts used when obtaining labor-related services (construction services and on-site maintenance services are examples); and . Agreements, the most common ones being professional engineering services agreements and professional consulting services agreements. Mr. Laverty stated that professional engineering services agreements are used when professional services of an architectural or engineering nature are required, as well as incidental services that members of these licensed professions may logically perform, such as construction management. Professional consulting services agreements are used to contract for needed services wherein the collecting of information, analyzing of information and/or translating of information is the consultant's prime function with the end product being a written document and/or formal training, as in the case of CEOA, safety or management consultants. Focusing on professional services agreements, Mr. Laverty described the checks and balances used by the District in both the capital and O&M systems including the required approval signatures and corresponding signature authority limits for authorizing the expenditure of funds and/or authorizing the District to enter into agreements with outside firms, and the control signatures required as a review function to ensure procedures have been followed and the proposed action is sound. Mr. Laverty stated that District procedures do not require that agreements for O&M expenditures approved by the Board of Directors in the O&M Budget be re-approved by separate action of the Board. However, over the past two years there have been only four major O&M agreements with expenditures that exceeded the existing $50,000 capital limit, and two of those received Board approval for other procedural reasons. Mr. Dolan indicated that in reviewing the system of internal controls on O&M expenses, that he was satisfied that the existing controls were working effectively. However, he felt that an additional control needed to be added. He proposed that Board approval should be required of all O&M professional services agreements exceeding $25,000. He plans to schedule a Board agenda item to consider this matter in a few months. Member Menesini requested that information be provided with regard to what has been paid on a project in terms of moving towards completion of the project. Mr. Dolan provided background on modifications over the years to the capital expenditure approval process and accountability of the 07 15 93 160 07 responsible employees. Mr. Dolan stated that the information referenced by Member Menesini is included in the Capital Improvement Budget accounting sheets produced on a monthly basis and can be made available to anyone who has an interest. As discussed during the Strategic Planning Workshop, staff will update the Board on the status of selected projects and any problems as they arise. Member Hockett thanked Mr. Laverty for the clear presentation, stating that it answered questions that she had. President Clausen thanked Mr. Laverty as well. Mr. Dolan, General Manager-Chief Engineer, stated that earlier in the meeting Member Menesini had asked about rebidding the Collection System Operations (CSO) Department Facility Reconfiguration Project. A range of short- and long- term options for rebidding, reconfiguring, and/or relocating all or a portion of the CSO facility are currently being reviewed. Recognizing that the District is in eminent domain negotiations with Caltrans, Mr. Dolan briefly described the options. Staff will keep the Board apprised. 2) Mr. Dolan provided an update on Senate Bill 1250 (Boatwright), that would give the Local Agency Formation Commission (LAFCO) the authority to override a special district with regard to services that must be provided by that agency. The requirement would only effect counties having voter approved urban limit lines as in Contra Costa County. A process would be imposed by the bill that would require special districts to provide utility service to land that was annexed to them by LAFCO; and if the special district objected to providing service on the basis that it would not have service capacity, LAFCo could be called upon by cities and the county to make an independent judgment as to whether the capacity existed. Mr. Dolan stated that he was told this bill has now been narrowed down so that it only applies to Contra Costa County. The bill was specifically intended to require East Bay Municipal Utility District to provide water service to the proposed Dougherty Valley development. The California Association of Sanitation Agencies (CASA) has taken an oppose position on the bill. 3) Mr. Dolan stated that thanks to the Board's suggestion, the Work Redesign Steering Committee has been expanded to include Messrs. Ken Null and Bill McEachen from Local One and Messrs. Paul Louis and Doug Craig from the Management Support/Confidential Group. A briefing session has been held with the Committee to discuss the future of the program. 4) Mr. Dolan announced that he was recently notified that he was elected to the position of Vice President of the American Academy of Environmental Engineers (AAEE). AAEE was created in the 1950's for the purpose of Board certification of engineers specializing in Environmental Engineering. Activities of AAEE include certification of environmental engineers, a university accreditation program, and an Excellence in Environmental Engineering Awards Program. Mr. Dolan thanked the Board for the opportunity to participate in AAEE and indicated that over the next several years he expected to be able to continue the role he played with the Water Environment Federation and help keep the District in the mainstream of thought and information in our field. Mr. Dolan stated that others at the District are also active at the state and national level including Purchasing and Materials Officer Ken F. Laverty who served as President of the California Association of Public Purchasing Officers, Deputy Chief Engineer Robert A. Baker who is currently Chair of Tri-TAC, Plant Operations Department Manager Charles W. Batts who just stepped down after two years as Chair of the Bay Area Dischargers Association, and Plant Operations Division Manager James M. Kelly who is now President of WateReuse and will be speaking at the August 1993 California Association of Sanitation Agencies (CAS A) meeting. 15 93 b. c. d. None 161 5) Mr. Dolan announced there will be a picnic at noon on July 28, 1993 at Hidden Valley Park sponsored by the Employees Activities Committee. Board Members are welcome to attend. 6) Mr. Dolan announced that the District will host the Contra Costa Special Districts Association Meeting on July 21, 1993 at 7:45 a.m. John Mercurio, Administrative Analyst, is the District's representative, but all those interested are invited to attend. Mr. Dolan distributed the agenda for the meeting for the Board's information. COUNSEL FOR THE DISTRICT None SECRETARY OF THE DISTRICT None BOARD MEMBERS 1 ) President Clausen requested Board concurrence that a Public Information and Education ad hoc committee be formed and that Members Hockett and Menesini be appointed as the Board representatives to the committee. The Board concurred. 2) President Clausen proposed that staff draft a description of each of the Board committees, including function, scope and authority. The draft would then be provided to each committee for review prior to submission to the full Board for approval. Mr. Dolan, General Manager-Chief Engineer, stated that there are some changes in the law pending that may impact the organization of Board committees and should be considered. 3) Member Rainey announced that there will be a Contra Costa Solid Waste Authority/Contra Costa County workshop to delineate roles and responsibilities for solid waste management in the County. The workshop will be held at 4:00 p.m. on Thursday, July 29, 1993 at the Golden Gate Room, George Gordon Center, 500 Court Street, Martinez. Member Rainey indicated that she will be out of town and unable to attend. She has asked President Clausen, the District's CCSWA alternate, to attend in her place. Discussion followed concerning the Contra Costa County Household Hazardous Waste Program, and development of requests for proposals and identification of sites for green waste disposal. 14. ANNOUNCEMENTS 1 5. CLOSED SESSION SIGNIFICANT EXPOSURE TO LITIGATION a. Pursuant to Government Code Section 54956.9(b), a point has been reached where in the opinion of the Board of Directors of the Central Contra Costa Sanitary District on the advice of its Counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the District. At 5:06 p.m., President Clausen declared the closed session to discuss litigation pursuant to Government Code Section 54956.9(b). At 5:36 p.m., President Clausen concluded the closed session and reconvened the meeting into open session. None 16. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION 07 15 93 162 07 17. ADJOURNMENT There being no further business to come before the Board, President Clausen adjourned the meeting at the hour of 5:37 p.m. P éside of the Board of Directors, al Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Se r t y of the Central Con a '-" Costa Sanitary District, County of Contra Costa, State 'of California 15 93