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HomeMy WebLinkAboutBOARD MINUTES 02-03-94 22 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON FEBRUARY 3, 1994 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 February 3, 1994. President Rainey called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Menesini, Dalton, Hockett, Clausen, Rainey ABSENT: Members: None 2. PUBLIC COMMENTS None a. 3. AWARDS AND COMMENDATIONS PRESENTATION OF VERNE O. GEHRINGER AWARD FOR OUTSTANDING CONTRIBUTIONS TO PUBLIC PURCHASING TO KEN F. LAVERTY. PURCHASING AND MATERIALS OFFICER Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that one of the things that makes Central Contra Costa Sanitary District a special place is the professionalism of the people who work here. Today, Purchasing and Materials Officer Ken F. Laverty, C.P.M., is being recognized for some of his contributions to the purchasing profession and to the District. Mr. Dolan introduced Mr. Cliff Baumer, Purchasing Agent for the City of Concord and representative of the California Association of Public Purchasing Officers (CAPPO). Mr. Baumer stated that it is an honor to represent CAPPO in presenting the Verne O. Gehringer Award to Mr. Ken Laverty. The Verne O. Gehringer Award was first given in 1975 and has been awarded to seven outstanding members of the purchasing profession. Mr. Laverty is the eighth. Mr. Laverty's capable discharge of his duties to the Central Contra Costa Sanitary District, his unselfish and persistent efforts for the advancement of public purchasing, and able assistance and guidance to the members of purchasing nationwide make him truly deserving of this award. Mr. Laverty thanked CAPPO for the award and the Board of Directors for their support in allowing staff to pursue professional duties. On behalf of the Board, President Rainey congratulated Mr. Laverty for the well- deserved recognition. 4. CONSENT CALENDAR It was moved by Member Clausen and seconded by Member Hockett, that the Consent Calendar, consisting of Item a., be approved as recommended. a. Medical Leave Without Pay was authorized for Mr. Dennis Almond, Maintenance Crew Member II, through April 30, 1994. Motion unanimously approved on the following vote: AYES: Members: Clausen, Hockett, Menesini, Dalton, Rainey NOES: Members: None ABSENT: Members: None 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Dolan, General Manager-Chief Engineer, requested that Item 13., Closed Session, be taken out of order when Mr. Gerald Lucey, the District's labor counsel, arrives. 02 03 94 23 6. PERSONNEL a. ADOPT CHANGE CLASSIFICATION IN REPRESENTATIONAL UNIT FOR CHEMIST 1/11 Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Menesini and seconded by Member Dalton, that Resolution No. 94-009 be adopted, modifying the Management Support/Confidential Group (MS/CG) representation group pursuant to the October 1993 petition of the Chemist 1111's, effective May 1, 1994. There being no objection, the motion was unanimously approved. President Rainey stated that she was most impressed with the letter from Public Employees Union, Local One, indicating that even though they objected, they would not interfere with the Chemists' request. 7. CORRESPONDENCE a. NOTE RECEIPT OF LETTER DATED JANUARY 17. 1994 FROM MR. LAURENCE W. BERGER. OF LAFAYETTE. REGARDING VALLEY WASTE MANAGEMENT'S RECENT RATE INCREASE: CONSIDER DRAFT RESPONSE Receipt of letter dated January 17, 1994 from Mr. Laurence W. Berger, of Lafayette, regarding the recent Valley Waste Management rate increase was noted and the draft response was approved with minor modification. 8. APPROVAL OF MINUTES a. MINUTES OF JANUARY 18. 1994 It was moved by Member Menesini and seconded by Member Dalton, that the minutes of January 18, 1994 be approved as presented. There being no objection, the motion was approved with Members Hockett and Clausen abstaining because they were not present at the meeting of January 18, 1994. 9. APPROVAL OF EXPENDITURES EXPENDITURE LIST DATED FEBRUARY 3. 1994 a. The status of the Secondary Clarifier and the Headworks Projects was discussed briefly. Member Menesini requested an update on the Secondary Clarifier Project. Mr. Dolan, General Manager-Chief Engineer, stated that an update would be provided in a future Sewer Construction Fund report. It was moved by Member Menesini and seconded by Member Dalton, that the Expenditure List dated February 3, 1994, including Self-Insurance Check Nos. 100780.100796, Running Expense Check Nos. 79880-80306, Sewer Construction Check Nos. 13693- 13787, and Payroll Check Nos. 33634-33910, be approved as recommended. There being no objection, the motion was unanimously approved. 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None At this time, noting the arrival of Mr. Lucey, President Rainey apologized to the members of the audience and proceeded to Item 13., Closed Session. 13. CLOSED SESSION a. LABOR RELATIONS With respect to labor relations, 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 salaries, salary schedules or compensation paid in the form of fringe benefits of employees in order to review its position and instruct its designated representatives. òa 10D 9~ --______n_._.__------ 24 At 3:23 p.m., President Rainey declared the closed session concerning labor relations. At 3:46 p.m., President Rainey concluded the closed session and reconvened the meeting into open session. None 14. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION At this time, President Rainey reverted to the order of the agenda. a. 02 11. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that staff will review recent history of District solid waste activities, will request Board guidance regarding continuance of the District's franchising role, and will request consideration of the draft letters to the haulers advising that the District does not intend to extend the current franchise agreements beyond February 28, 1996. This matter has been on the last two Board agenda. It was continued until today to have the full Board participate in a discussion of the long-range future of the District in the field of solid waste regulation. To prepare for this discussion, at the last Board Meeting, Mr. Bob Hilton, of Hilton Farnkopf & Hobson, presented results of the Central Contra Costa Solid Waste Authority study on future franchising options. To provide further foundation, staff has prepared a three-part presentation covering recent history, future options, and a summary analysis of the options. Mr. Dolan introduced Mr. Paul Morsen, Deputy General Manager, who summarized the history of the District's involvement in solid waste franchising beginning in 1984. Mr. Morsen reviewed reasons to continue franchising and reasons not to continue franchising, and summarized solid waste franchising future alternatives. In closing, Mr. Morsen posed two questions: . What role does the Board prefer for the District post 19961 . What actions should the District take between now and 1 996 to implement the Board's preference? Discussion followed concerning the positions of the cities and towns for whom the District franchises, on this issue; the need for a public transfer station; complications associated with administering the franchises if an agreement cannot be reached with the County with regard to the unincorporated areas; the need for additional information particularly concerning the cost of the various alternatives; Central Contra Costa Solid Waste Authority staffing, procedures, and cost effectiveness; possible bidding of the franchises; and notification of the haulers that the District does not intend to extend the current franchise agreements beyond 1996. Following discussion, it was moved by Member Hockett and seconded by Member Clausen, that in order to preserve all options, the draft letters notifying the haulers that the District does not intend to extend the current franchise agreements beyond February 28, 1996, be approved. There being no objection, the motion was unanimously approved. No consensus was reached on what solid waste role the Board preferred for the District post 1996, and no actions were decided upon to implement any anticipated change. President Rainey underscored that no decision was made with regard to the District franchising after 1996. 2) Mr. Dolan, General Manager-Chief Engineer, stated that at the last Board Meeting it was announced that the District would be processing an annexation for the Country Club at Gale Ranch. Mr. Dolan introduced Mr. Russell Leavitt, Planning Assistant, who presented a description of the 03 94 25 proposed development and the annexation process. Mr. Leavitt stated that Shapell Industries of Northern California has applied to the District for a Sphere of Influence change and an annexation of its proposed Country Club at Gale Ranch project site. The 622-acre project site is located in the northwest corner of the area known as Dougherty Valley. The Country Club at Gale Ranch site represents about 23 percent of Shapell's Dougherty Valley property and is the only portion of the Dougherty Valley proposed for annexation at this time. The proposed development includes 1,216 residential units, a golf course, three parks, and a church. The Country Club at Gale Ranch development can be served by gravity and connected to the District's existing system. In the near term, sufficient capacity exists in the affected District facilities to accommodate the project site's anticipated ultimate peak wet weather flow. Cumulatively, the proposed annexation would contribute to the eventual need for long-term, planned capacity improvements. Mr. Leavitt stated that as with all development projects, the cumulative downstream capacity impacts of this project would be mitigated through the developer's payment of applicable District fees and charges. Shapell has paid the District annexation fee. At the time of connection of individual lots, the Facility Capacity (capital improvement) Fee in place at that time will be paid. The project site is within the area under study by District staff for a potential Zone Three Facility Capacity Fee. District Board consideration of this new zone fee is expected to occur later this year, well before any units from the proposed project site would be ready to connect. The application for the Sphere of Influence change and annexation will be calendared for Board consideration at the next Board meeting. No other agency annexations are required for development to occur. Having previously indicated that he would have to leave the meeting, Member Menesini left the meeting at the hour of 5: 15 p.m. Mr. Leavitt stated that the development of a specific plan for the Dougherty Valley has been the subject of two Program Environmental Impact Reports (EIRs). The first was begun by the City of San Ramon but was never completed. The second was prepared by the County and certified by the Board of Supervisors in 1993. District staff participated in the public review process for both EIRs. Both EIRs assumed that the District would serve the Country Club at Gale Ranch site since gravity flow to District facilities was possible. Two lawsuits have been filed, one by East Bay Municipal Utility District and one by a group of cities and environmental organizations. The suits contend that the EIR inadequately addresses several issues including project impacts on water supply, traffic, schools, and police protection. Settlement discussions are ongoing. The fact that the EIR is involved in litigation does not alter the California Environmental Quality Act (CEQA) requirement that the Board consider the EIR in its final deliberation regarding this annexation request. In giving final consideration to the proposed annexation, the Board would not be certifying the adequacy or accuracy of the EIR. Rather, as a Responsible Agency, the District board must consider the environmental effects of the project as shown in the EIR prior to reaching a decision on the project. Since the District did not challenge the EIR, the District is deemed to have waived any objection to the adequacy of the EIR. Following a brief discussion, President Rainey thanked Mr. Leavitt for his presentation. 3) Mr. Dolan, General Manager-Chief Engineer, stated that the amount of organic chemical analysis has increased in recent years to the degree that the District laboratory instrumentation has been overtaxed. Staff had budgeted for an upgrade to the Gas Chromatograph/Mass Spectrometer in the current Capital Improvement Budget. An opportunity has presented itself for the District to save money by revising that approach. Mr. Dolan introduced Mr. Charles W. Batts, Plant Operations Department Manager, who reviewed the organic analyses required for the District's permit and described the Kratos Model 25R Gas Chromatograph/Mass Spectrometer (GC/MS) purchased by the District in 1988 at a cost of $263,000 to 02 03 94 26 02 4) 5) perform the analyses. This equipment is no longer manufactured by Kratos; ~nd as of January 1, 1 994, parts and support for this model will no longer be available. Mr. Batts recommended that the Capital Improvement Budget approach which called for upgrade of the existing equipment be altered and that the $143,000 budgeted for the upgrade be used to purchase a new piece of equipment. The new equipment would improve productivity, improve turnaround time, and would cost about the same as upgrading the existing GC/MS. The new GC/MS and accessories will cost approximately $140,000. Mr. Batts requested Board concurrence to prepare specifications to procure the new piece of equipment. The existing piece of equipment will be used for other limited production analyses as long as this is technically and economically feasible. If we acquire the new GC/MS at this time, the District will be able to save money by analyzing samples this spring which would otherwise have to be sent to an outside laboratory. It was moved by Member Clausen and seconded by Member Hockett, that concurrence be given for purchase of a new GC/MS using funds budgeted for upgrade of the existing GC/MS, and that staff be authorized to prepare specifications to procure the new piece of equipment. There being no objection, the motion was approved with Member Menesini being absent. Mr. Dolan, General Manager-Chief Engineer, announced that Mr. Bill Whitten, Senior Engineering Assistant, will be attending a Trenchless Technology seminar in Texas. This training event was not listed in the 1993-1994 O&M budget although there are sufficient funds. Mr. Whitten will personally pay for travel, lodging, and meals. The District will pay the $450 registration fee. Mr. Dolan announced that Mr. Charles W. Batts, Plant Operations Department Manager, will be attending the Electrical Power Research Institute (EPRI) meeting in Tampa, Florida in the near future. Expenses will be paid by EPRI. b. COUNSEL FOR THE DISTRICT None c. SECRETARY OF THE DISTRICT None d. BOARD MEMBERS a. b. c. 03 Member Clausen reported that the Central Contra Costa Solid Waste Authority met on January 27, 1994. The main topic of discussion was the organizational structure and staffing for the Contra Costa Solid Waste Authority. President Rainey reported on the Contra Costa Solid Waste Authority (CCSWA) meeting of February 2, 1994. Discussion at that meeting also focused on the organizational structure and staffing of CCSWA. It was decided that CCSWA would not be staffed. Staffing will be done on a rotating basis by the agency hosting the meeting. The organization will be made up of one member from any franchising agency. Meetings will be held a minimum of quarterly with extra meetings called by the Chair or President or any two agencies who feel there is a need. No dues will be assessed. Discussion at the first meeting under the new organizational structure will focus on goals. President Rainey requested that a District Board Solid Waste Committee meeting be scheduled to discuss some of these issues. Mr. Dolan, General Manager-Chief Engineer, stated that staff will schedule a meeting. Member Clausen reported on the January 20-22, 1994 California Association of Sanitation Agencies (CASA) meeting. Member Clausen stated that informative and dynamic presentations were made by Ms. Felicia 94 27 Marcus, the new Administrator of Region IX, Environmental Protection Agency, and Assemblywoman Julie Bornstein, of Imperial and Riverside Counties. Mr. Dolan, General Manager-Chief Engineer, presented Member Menesini's summary of the CAS A meeting, concurring with Member Clausen's comments; and reporting that other significant issues discussed included regulations relevant to water, land, and air; the recent ruling that negates the current Statewide Water Quality Plans; and Brown Act assessment and applications. Mr. Dolan reported that Deputy Chief Engineer Robert A. Baker's efforts in the water quality field, and those of some of his colleagues, are outstanding and of benefit to all sanitation agencies and the public we serve. d. Members Hockett and Rainey reported on the January 27, 1994 Sanitation and Water Agencies Meeting. Mr. Dwight Meadows, Director of Ironhouse Sanitary District, was elected Chair of that group. The main topic of discussion at the meeting was AB 1335, giving Local Agency Formation Commission (LAFCO) authority to initiate organizational changes of special districts. President Rainey announced that there will be a workshop on AB 1335 at 9 a.m. on Saturday, February 5, 1994. President Rainey encouraged all interested Board Members to attend. 12. ANNOUNCEMENTS None 13. CLOSED SESSION This item was taken out of order earlier in the agenda. 14. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION This item was taken out of order earlier in the agenda. 15. ADJOURNMENT There being no further business to come before the Board, President Rainey adjourned the meeting at the hour of 5:50 p.m., to reconvene at 9:00 a.m. on Saturday, February 5, 1994, at the Pleasant Hill Community Center, 320 Civic Drive, Pleasant Hill, for a workshop on AB 1335, giving LAFCO authority to initiate organizational changes of special districts. -~ _7 1 .,' 1 I - '; ~ '""."- .'--~, C - _A..-( Lt, President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California /'7 /f/" ' . . /~~-)L-L7-- I COUNTERSiGNED: ( t; , -, , /y 1" L' I.Á. l. . .. . -,' sepre ar of the Central C tra Costa Sanitary District, County of Contra Costa, State of California 02 03 94