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HomeMy WebLinkAboutBOARD MINUTES 11-04-93 218 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON NOVEMBER 4, 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 p.m. on November 4, 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 RECEIPT U.S. ENVIRONMENTAL PROTECTION AGENCY ŒPA) 1993 NATIONAL AWARD FOR OUTSTANDING PRETREATMENT PROGRAM a. Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that the District is very pleased to receive the U.S. Environmental Protection Agency (EPA) award for outstanding pretreatment program. In today's world the most valued pollution control technologies are the pollution prevention technologies. The emphasis at the District and across the country has been on pollution prevention. The EPA has recognized the importance of pollution prevention by presentation of this national award. Mr. Dolan introduced Mr. Tim Potter, Supervising Source Control Inspector, who stated that it is a privilege to receive the 1993 National Second Place Award for Outstanding Pretreatment Program. This award program has been in place for approximately five years. Its intent is to acknowledge the commitment of local publicly owned treatment works to pollution prevention through implementation of outstanding pretreatment programs. Awards were presented in four categories based on the size of the pretreatment program considering the number of significant industrial users. The District received the award in the medium-sized category, for 21 to 50 significant industrial users. Mr. Potter stated that the controlling authorities, who have responsibility for enforcement for noncompliance, make the nominations for this award; and that for reason, it is an honor just to be nominated. After being nominated, the District prepared an application outlining innovative measures to accomplish the goals of the pretreatment program including such things as public education and education of industries on compliance and pollution prevention and source control elements, the Residential Metals Project, the Industrial Environmental Achievement Awards presented by the District to industries recognizing them for their outstanding efforts, and the fair and effective implementation of the District's enforcement program. Mr. Potter introduced the members of the Source Control Section who helped earn this award: Senior Source Control Inspector Kurt Darner, Source Control Technician Anne McLaurin, Source Control Inspector II Roberta Peterson, and Source Control Coordinator" Earlene Millier. Mr. Potter indicated that Source Control Program Superintendent Bart Brandenburg was unable to be present today but was essential in leading and guiding the Source Control Program. Mr. Potter thanked the Board for the allocation of resources that allowed the District to receive this award and achieve the Pretreatment Program goals. President Clausen thanked Mr. Potter and all the members of the Source Control Section for their outstanding efforts. Mr. Dolan stated that the support of the Board has been important. This Board has actually taken the lead in one of the key elements of the program, and that is public 11 04 93 219 education. The Board has provided leadership in that area and that has been recognized. Staff appreciates the Board's commitment to this program. 4. CONSENT CALENDAR Following discussion, it was moved by Member Rainey and seconded by Member Hockett, that the Consent Calendar, consisting of Items a. through c., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 93-119 was adopted, confirming that publication of District Ordinance No. 188 has been made, adding Disability Discrimination Policy to the District Code. Motion unanimously approved on the following vote: AYES: Members: Rainey, Hockett, Menesini, Dalton, Clausen NOES: Members: None ABSENT: Members: None b. The contract work for the construction of the Glenside DriveNerde Del Ciervo Sewer Replacement Project, DP 4925, in Lafayette and Diablo, was accepted, and filing of the Notice of Completion was authorized. Motion unanimously approved on the following vote: AYES: Members: Rainey, Hockett, Menesini, Dalton, Clausen NOES: Members: None ABSENT: Members: None c. A Public Notice was authorized to set a Board Workshop on December 2, 1993 and Public Hearing on December 16, 1993 to receive public comment on the requests for increases in refuse collection rates. Motion unanimously approved on the following vote: AYES: Members: Rainey, Hockett, Menesini, Dalton, Clausen NOES: Members: None ABSENT: Members: None 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 6. BIDS AND AWARDS AUTHORIZE AWARD OF CONTRACT TO DALZELL CORPORATION FOR THE DRY ASH UNLOADING FACILITY. DP 6099 (20099) a. Mr. Dolan, General Manager-Chief Engineer, stated that this project will reduce trucking costs and enhance ash recycling potential. Staff recommends that the Board authorize award to Dalzell Corporation, the low bidder. It was moved by Member Rainey and seconded by Member Dalton, that award of contract be authorized to Dalzell Corporation, the lowest responsible bidder, for $129,948 for the Dry Ash Unloading Facility Project, DP 6099 (20099). There being no objection, the motion was unanimously approved. 11 04 93 220 b. AUTHORIZE AWARD OF CONTRACT TO SPECTRE GROUP ENGINEERS AND CONSTRUCTORS FOR LABORATORY FACILITIES IMPROVEMENT PROJECT - GAS CYLINDER RAMP AND ASSOCIATED PROJECTS. DP 6077 (10077) Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Menesini and seconded by Member Dalton, that award of contract be authorized to Spectre Group Engineers and Constructors, the lowest responsible bidder, for $30,975 for the Laboratory Facilities Improvement Project - Gas Cylinder Ramp and Associated Projects, DP 6077 (10077). There being no objection, the motion was unanimously approved. a. 7. ENGINEERING ESTABLISH NOVEMBER 18. 1993. AT 3 P.M. AS THE DATE AND TIME FOR A PUBLIC HEARING REGARDING A PROPOSED ORDINANCE TO AMEND CHAPTER 6.12 OF THE DISTRICT CODE WHICH INCLUDES PROVISIONS FOR FACILITIES CAPACITY FEES Mr. Dolan, General Manager-Chief Engineer, stated that Board concurrence with key components of the proposed revision to the Facilities Capacity Fees is requested. Staff has met with the Board Budget and Finance Committee and received their guidance and constructive input. After this meeting, staff would plan to meet with members of the industries. . Mr. Dolan introduced Mr. Jarred Miyamoto-Mills, Principal Engineer, who stated that Capital Improvement Fees are important because future customers will contribute 35 percent of the ultimate dry weather flow of 52 mgd. Federal and state regulations and District policy require that fees be "fair and equitable." The current fee system was established in 1989, and staff periodically conducts a comprehensive review of the system. Mr. Miyamoto-Mills stated that changes are being proposed to the current system because of changes in the District's Capital Improvement Program, because current fees will not generate adequate revenue to fund needed facilities, and since property taxes no longer provide reliable funding for upgrade and replacement. In addition, changes are being proposed so that future customers would contribute to all existing capital assets, so that these fees will not be a constraint on business formation and expansion, and to collect fees prior to building permit issuance to reduce administrative effort. Mr. Miyamoto-Mills stated that the goals of the Capital Improvement Fee System are: . To adequately fund needed facilities expansion; . To comply with applicable laws and regulations; . To continue the District's commitment to equity in rates and charges between current and future customers; . To simplify and streamline administration and collection of fees; and . To ensure that the fee system does not impose an unnecessary impediment to business formation and expansion. The proposed fee system would determine capacity fees as the sum of an existing assets component ("buy-in") and a future facilities component. Mr. Miyamoto-Mills reviewed the proposed fees which would result in a 31 percent increase for the Facilities Capacity Fee and a 25 percent increase for the Pumped Zone Capacity Fee; and showed a comparison of proposed District fees with other similar fees in the Bay Area. The proposed District fees are in the mid-range of others in the area. Mr. Miyamoto-Mills reviewed a two-year phase-in option for implementation of the proposed fees. Following discussion, it was the consensus of the Board that the. two-year phase-in alternative be dropped from consideration at this time. Mr. Miyamoto-Mills reviewed the proposal to establish a new zone for areas tributary to the San Ramon Valley Interceptor where development was speculative when the 11 04 93. 221 interceptor project was approved in 1986. Board discussion followed wherein President Clausen stated that this should be considered a buy-in charge for the cost of the structure in the ground. Those who connect should pay the full cost of the facilities but should not be charged a surcharge. Member Menesini stated that the total cost of buy-in of all facilities must be considered and those who connect should pay a surcharge to compensate for the extra capacity in the pipe às well as all other existing facilities. Mr. Miyamoto-Mills stated that the existing assets component of the fee would provide for buy-in for all existing facilities. Mr. Dolan stated that staff will analyze the capital revenue stream and the cost of capital facilities to this area and come back with an analysis and recommendation as to whether a surcharge is justified on that basis. Mr. Miyamoto-Mills reviewed the proposed Capacity Use Charge Program requested by city councils and chambers of commerce to mitigate the initial impact of Capacity Fees on nonresidential customers. It is proposed that this program be applied to use categories with flow and/or strength greater than that discharged by most of our commercial customers. It is proposed that Facility Capacity Fees be levied at the time of building permit issuance and collected at the time of connection. The revised Facility Capacity Fee for high strength or flow customers would be reduced to a level commensurate with fees for other commercial customers and it would be established on a cost per square foot basis. The difference between the current Facility Capacity Fee and the proposed fee would be financed by the District for a 15-year period and charged through an increase in the charge per 100 cubic feet of sewage discharged. Following discussion, it was the consensus of the Board that establishment of a public hearing be delayed to allow staff sufficient time to address the concerns and issues raised. Member Hockett thanked Mr. Miyamoto-Mills for the informative presentation. a. 8. CORRESPONDENCE NOTE RECEIPT OF LETTER DATED SEPTEMBER 15. 1993 FROM MS. AVON M. WILSON. EXECUTIVE DIRECTOR OF THE CONTRA COSTA SOLID WASTE AUTHORITY. REQUESTING ADOPTION OF A RESOLUTION FOR APPOINTMENT/RE-APPOINTMENT OF REPRESENTATIVES TO THE CONTRA COSTA SOLID WASTE AUTHORITY BOARD OF DIRECTORS Member Rainey, the "District's representative to the Contra Costa Solid Waste Authority (CCSWA), reported on the November 3, 1993 CCSWA meeting. Joint efforts by CCSWA and the County are continuing. An evaluation of the work program will be done in March 1994 and a determination will be made at that time. Member Menesini questioned the cost benefit to the District from CCSWA and expressed concern about the progress being made. Member Rainey stated that the organization itself has had concerns; however, progress is being made. A model franchise agreement has been developed for use by franchising agencies. The issue of fair and equitable distribution of the $.85/ton solid waste planning fee collected at the Acme Transfer Station and the Keller Canyon Landfill is currently being addressed and a special workshop for all franchising managers is being scheduled. A committee of CCSWA members has been formed to look at the County proposal for uniform rate setting throughout the County. CCSWA has assumed some ongoing functions relating the 939 that has helped eliminate some duplication. Member Rainey expressed her support for CCSWA and its efforts. It was moved by Member Dalton and seconded by Member Hockett, that Resolution No. 93-120 be adopted, reappointing Member Rainey as the District's representative to the Contra Costa Solid Waste Authority and President Clausen as the alternate. Motion approved on the following roll call vote: 11 04 93 222 AYES: Members: Dalton, Hockett, Rainey, Clausen NOES: Members: None ABSENT: Members: None ABSTAIN: Members: Menesini Member Menesini abstained based on the premise that he does not believe that the benefit from the Contra Costa Solid Waste Authority justifies the cost. a. 9. APPROVAL OF MINUTES APPROVE MINUTES OF OCTOBER 21. 1993 It was moved by Member Menesini and seconded by Member Dalton, that the minutes of October 21, 1993, be approved as presented. There being no objection, the motion was approved with Members Rainey and Clausen abstaining because they were not present at the meeting of October 21, 1 993. a. 10. APPROVAL OF EXPENDITURES EXPENDITURE LIST DATED NOVEMBER 4. 1993 Member Menesini, member of the Budget and Finance Committee, stated that he and Member Hockett reviewed the expenditures and found them to be satisfactory. It was moved by Member Menesini and seconded by Member Hockett, that the Expenditure List dated November 4, 1993, including Self-Insurance Check Nos. 100746- 100762, Running Expense Check Nos. 78276-78713, Sewer Construction Check Nos. 13287-13388, and Payroll Check Nos. 32740-33042, be approved as recommended. Following discussion, there being no objection, the motion was unanimously approved. None a. 11 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 12. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that at the last Board meeting, the Board authorized award of a contract to Ranger Pipeline to construct Phase I and /I of the Pleasant Hill Interceptor Project. This project includes 9,200 feet of pipe intended to deliver recycled water to large landscape irrigation users from Buchanan Golf Course to golf courses in Orinda and Moraga. The District's plan includes having this pipe connect with the 10" high pressure steel pipe which the District is planning to obtain from Shell. While the District was in the design phase for the Pleasant Hill Interceptor, Contra Costa Water District (CCWD) informed staff that they did not believe that the 18" recycled water pipe size selected would be adequate and asked that the size be increased to 24". Relying on their request as an indication of continued interest and support, a 24" option was included in the bid package. Early last week, after the contract had been awarded to Ranger Pipeline, the District received a copy of an "Urban Recycled Water Business Plan" dated October 1993 produced by CCWD staff. Copies of the Executive Summary were distributed with the Board package. This Business Plan reached the conclusion that CCWD should not contribute to the CCCSD Recycled Water Irrigation Project at this time. Central San had asked CCWD to pay the increment between the two pipe sizes or about $140,000, approximately 10 percent of the cost of the project. The calculated cost of the water by CCWD and CCCSD is about the same and is close in cost to the sale price for water. Mr. Dolan reported 04 93 223 that he attended the CCWD Board meeting on N~vember 3, 1993 to discuss this issue. Since a portion of the service area for this project encompasses East Bay Municipal Utility District (EBMUD), EBMUD's position on recycled water is important as well. Initially EBMUD's Board was coolon the idea of recycled water because of a fear that it would be growth inducing. Recent staff level contacts have indicated that position may be changing. EBMUD staff was favorable toward the project and felt that this project would be helpful in meeting water supply needs. Mr. Dolan stated that the Board's decision to include the recycled water pipeline in the Pleasant Hill Interceptor Project was a sound and practical one. Staff would recommend that the District proceed with the 24" pipe on the basis that the incremental cost for the increased capacity is small and is nearly offset by energy cost savings. The cost is lower than anticipated due to the very favorable bidding climate. The Board voiced no objection. Mr. Parke L. Boneysteele distributed a statement and addressed the Board relative to the recycled water situation. Mr. Boneysteele stated that this is possibly the most important decision CCCSD has faced since it accepted the conditions of its federal and state grants and resolved to proceed with the construction of the water reclamation plant. Mr. Boneysteele urged the Board to do the right thing and honor its commitment to water reclamation. 2) Mr. Dolan, General Manager-Chief Engineer, reviewed progress made towards achieving the District Goals and Objectives established at the June 1993 Strategic Planning Workshop. All objectives are on schedule. After the Strategic Planning Workshop was over, there was a comment that perhaps a workshop on policies shòuld be held. Staff would be happy to have a workshop if the Board wishes, but because of the nearly 50 years of Board policy-level decisions we are not clear on just how to provide staff support. If any Board member wants to pursue this further, please feel free to raise the issue and make any appropriate suggestions. 3) Mr. Dolan, General Manager-Chief Engineer, stated that a bill was passed this year that empowered Local Agency Formation Commission's to take a stronger role in effecting consolidations of local agencies. Several bills are being considered for next year that would pave the way for consolidations with the objective of efficiency. Mr. Dolan stated that staff will monitor the bills and respond as appropriate. Suggestions were discussed for presentation at the November 18, 1993 public hearing to be conducted by the Assembly Select Committee on Restructuring Government. Mr. Dolan stated that the District's Regional Efficiency Steering Committee will meet next week. President Clausen has asked that one of the things that the Committee consider is a charge or mission. Board discussion followed relating to suggestions for the charge or mission of the Regional Efficiency Committee. Mr. Dolan thanked the Board for their input and stated that a draft charge will be prepared for consideration by the Committee. 4) There being no further comments or input, it was the consensus of the Board that printing of the Home Composting Book incorporating changes proposed by Member Menesini, be authorized. 5) Mr. Dolan announced that District staff is working with the Contra Costa County Public Works Department on an agreement for use of their card lock fueling station for District vehicles stationed at the Headquarters Office Building and the Plant. 6) Mr. Dolan announced that at the next Board Meeting, endorsement of the San Francisco Bay Comprehensive Conservation and Management Plan will be requested. This is the implementation document for the San Francisco Estuary Project which the District has been participating in. The five-year 11 04 93 224 b. c. d. 11 effort developed consensus support for a program of continuing improvement to San Francisco Bay water quality. - COUNSEL FOR THE DISTRICT 2) 3) 1 ) Mr. Kenton L. Aim, Counsel for the District, reported on the settlement of the IT lawsuit that arose from a construction delay, extra work, and special procedures that occurred when contaminated soil was encountered during work on the M2 Line in the District's easement through the IT property. The District negotiated with the contractor and arrived at a cost of approximately $140,000. The District ~hen went to IT to recover those costs. IT refused and the matter went to trial. The District received a favorable judgment and that judgment has been satisfied. The judgment was in the amount of $92,081.54. The judgment included certain court costs. Mr. Aim, Counsel for the District, reported on the status of the litigation defense impound account relating to the Acme litigation. At the time of refuse collection rate setting a year ago, certain costs were included in the rate base to be paid into an impound account for the purpose of potentially paying for defense costs from thåt impound account. Because of the complicated issues at the time of rate setting and the lack of information, it was decided that these funds should go into an impound account. The collectors were to have come back during the rate setting year and justify the defense costs to be paid from the impound account. Both Orinda- Moraga Disposal Service, Inc. and Valley Waste Management have now provided legal requests. Mr. Aim suggested that this matter be scheduled for consideration at the November 18, 1993 Board meeting. In the interim, meetings have been scheduled with the collectors. Mr. Aim briefly reviewed various legal issues relevant to this matter. Mr. Aim stated that a letter was received today on behalf of Ms. Francise Fiorentino and Valley Disposal Service, Inc., requesting reimbursement of defense costs in the Acme litigation. Mr. Aim, Counsel for the District, stated that unless the Board objects, he would intend on behalf of the District to ask the General Manager-Chief Engineer to execute an extension of time during which Caltrans can bring a lawsuit against the District with regard to the taking of the District's Walnut Creek property. There was a short extension but because of the District's decision to rebid the Collection System Operations Department Facility Reconfiguration Project, there was not sufficient time to resolve the issues and negotiate a settlement. The Board voiced no objection. SECRETARY OF THE DISTRICT 2) 1 ) The Board approved the staff recommendation to begin the December 16, 1993 Board meeting at 2:00 p.m. for regular agenda items, followed by the refuse collection rate-setting hearings beginning at 3:00 p.m. Following explanation by Ms. Joyce E. Murphy, Secretary of the District, it was the consensus of the Board that the January 20, 1994 Board meeting be rescheduled for 3:00 p.m. on Tuesday, January 18, 1994, because of a conflict with the California Association of Sanitation Agencies (CASA) meeting. BOARD MEMBERS 1 ) The report of the Contra Costa Solid Waste Authority meeting was taken out of order earlier in the agenda. 2) The presentation on the District's Education Program was continued to November 18, 1993. 04 93 225 3) Member Menesini reported on the Coastal Protection Program that he attended. Topics of discussion included solid waste and problems with non- point source pollution studies. 4) Member Menesini reported on the October 28, 1993 Sanitation and Water Agencies of Contra Costa County Meeting at which Mr. Jonus Minton, Chief of the Water Conservation Office of the California Department of Water Resources, made a presentation on future water sources in California, including potable use of recycled water. 5) Member Menesini reported on the efforts of the Environmental Alliance, including using composting as a tool for teaching Biology. Member Menesini indicated that he would be doing feedback with Biology teachers on November 18, 1993, and may be làte for the District Board meeting. 13. ANNOUNCEMENTS None 14. CLOSED SESSION None 1 5. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None 16. ADJOURNMENT There being no further business to come before the Board, President Clausen adjourned the meeting at the hour of 6:39 p.m. " President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: S~c t ry of the Central C ntra Co ta Sanitary District, County of Contra Costa, State of California 11 04 93