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HomeMy WebLinkAboutBOARD MINUTES 03-03-94 40 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MARCH 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 March 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 3. CONSENT CALENDAR It was moved by Member Clausen and seconded by Member Hockett, that the Consent Calendar, consisting of Items a. through c., be approved as recommended. a. The request by Mr. Randy W. Covey, Maintenance Technician III, Mechanical, for an emergency withdrawal of $10,000, after taxes, from the Deferred Compensation Plan, was approved as recommended by the Deferred Compensation Plan Advisory Committee. Motion unanimously approved on the following vote: AYES: Members: Clausen, Hockett, Menesini, Dalton, Rainey NOES: Members: None ABSENT: Members: None b. Mr. Paul Sciuto, Assistant Engineer in the Plant Operations Department/Maintenance Engineering Section, was granted a 5 percent salary increase effective February 7, 1994, for professional registration differential provided for in the Memorandum of Understanding (MOU). Motion unanimously approved on the following vote: AYES: Members: Clausen, Hockett, Menesini, Dalton, Rainey NOES: Members: None ABSENT: Members: None c. The attendance of Mr. Randy Schmidt, Associate Engineer for the Planning Division, was authorized at the April 24-27, 1994 Water Environmental Federation (WEF) Specialty Conference on Odor Co::trol in Jacksonville. Florida, at a total cost of $1,450. Motion unanimously approved on the following vote: AYES: Members: Clausen, Hockett, Menesini, Dalton, Rainey NOES: Members: None ABSENT: Members: None 03 03 94 41 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None a. 5. BIDS AND AWARDS AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO N.E. CARLSON CONSTRUCTION. INC. FOR THE CONSTRUCTION OF THE CSOD FACILITY RECONFIGURATION PROJECT. DP 9023 Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that a favorable distribution of bids was received for the Collection System Operations Department (CSOD) Facility Reconfiguration Project. The project was previously bid in May of 1993. The bids received at that time exceeded the engineer's estimate and the budget for the project, and all bids were rejected. Staff reduced the project to the minimum requirements in order to substantially reduce the construction cost and rebid the project. It is now recommended that award of construction contract be authorized to the low bidder, N.E. Carlson Construction, Inc. Following discussion, it was moved by Member Dalton and seconded by Member Clausen, that award of the construction contract be authorized to N.E. Carlson Construction, Inc., the lowest responsible bidder, in the amount of $767,602 for construction of the CSOD Facility Reconfiguration Project, DP 9023. There being no objection, the motion was unanimously approved. 6. ADMINISTRATIVE a. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE A PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH THE LINDSAY MUSEUM FOR ASSISTANCE WITH PROVIDING A PUBLIC EDUCATION PROGRAM Mr. Dolan, General Manager-Chief Engineer, stated that as part of the District's toxics control program, staff is trying to inform the public about pollution prevention and ways to keep pollutants out of the sewer system. A cooperative arrangement with the Lindsay Museum was identified as a means of getting the message to the most people at the lowest cost. Mr. Dolan introduced Mr. Ken Grubbs, Public Information and Graphics Coordinator, who reported that a study conducted by Source Control staff indicates that organophosphorus pesticides are the primary cause of acute toxicity to ceriodaphnia in the District's effluent. The District is trying to comply with environmental mandates and regulations. Compliance can be achieved by spending a great deal of money constructing new facilities or spending a significantly smaller amount of money educating the public. It is recommended that the District's public education program inform the public about the dangers of inappropriate disposal of these pesticides and to encourage alternative control methods. To assist the District in this effort, it is proposed that the District join with the Lindsay Museum. The media products produced will include a point-of-sale flyer, public service announcement, billboard advertisement, a workshop, and a garden tour. District staff will be directly involved in the planning, approval, and implementation phases of the proposed program. The total cost to the District will be $66,000. Member Hockett commended staff for working in partnership with the Lindsay Museum and using the resources available in the community. In response to a question from Member Clausen, Mr. Grubbs stated that efforts will be made to coordinate this program with the county-wide storm drain program where possible. Member Menesini suggested that this item could have been coordinated through the Board Public Information and Education Committee. Member Menesini stated further that the Environmental Protection Agency (EPA) has grant money available for this sort of program and staff may wish to pursue that source of funding. Member Menesini cautioned staff to monitor the program and the use of funds. Mr. Dolan, General Manager-Chief Engineer, stated that staff will be closely monitoring the program and the agreement is designed to provide for that. With regard to the issue of the Board Public Information and Education Committee, Mr. Dolan stated that he had sensed that this was an issue of interest to the full Board. For that reason, the public education program policy 03 03 94 --------.---..--.--.--..--- -_. ---- 42 issues have been worked out at regular Board meetings. Because of the recent amendment to the Brown Act, in the future it is expected that less work will be done by committees and more will be done in Board meetings. It was moved by Member Menesini and seconded by Member Hockett, that the General Manager-Chief Engineer be authorized to execute a professional consulting services agreement with Lindsay Museum for public education services not to exceed $66,000. There being no objection, the motion was unanimously approved. Member Menesini stated that he is very interested in the assessment portion of this program, and indicated that he may be able to offer some suggestions. 7. ENGINEERING ADOPT JOINT RESOLUTION SUPPORTING ACQUISITION OF EASEMENTS WITHIN THE CITY OF MARTINEZ a. Mr. Dolan, General Manager-Chief Engineer, stated that the proposed joint resolution with the City of Martinez is the culmination of a great deal of constructive work by Mr. Jay S. McCoy, Infrastructure Division Manager, to develop a program to acquire easements in accordance with the agreement between the District and the City of Martinez entered into in 1967. It was moved by Member Dalton and seconded by Member Menesini, that Resolution No. 94-020, a joint resolution with the City of Martinez supporting the acquisition of easements in Martinez, be adopted. There being no objection, the motion was unanimously approved. The Board commended Mr. McCoy for his diligent efforts. 8. APPROVAL OF MINUTES MINUTES OF FEBRUARY 17. 1994 a. It was the consensus of the Board that the minutes of February 17, 1994 be approved. There being no objection, the minutes were approved as presented. 9. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED MARCH 3. 1994 Member Menesini, member of the Budget and Finance Committee, stated that he and Member Dalton reviewed the expenditures and found no exceptions. It was moved by Member Menesini and seconded by Member Dalton, that the Expenditure List dated March 3, 1994, including Running Expense Check Nos. 80586-80854, Sewer Construction Check Nos. 13841-13882, and Payroll Check Nos. 33912-34464, be approved as recommended. Following discussion of the payment to Browning-Ferris Industries for disposal of ash, the motion was unanimously approved. 10. BUDGET AND FINANCE 1993-1994 CAPITAL IMPROVEMENT PROGRAM MID-YEAR STATUS REPORT a. Mr. Dolan, General Manager-Chief Engineer, introduced Mr. John Mercurio, Administrative Analyst, who summarized the Capital Improvement Budget (CIB) revenues, expenditures, and major projects for the first six months of the fiscal year. Mr. Mercurio noted that actual CIB revenues are anticipated to be $22.3 million, or $4.5 million less than budget at year end. Actual expenditures at fiscal year end are projected to be $33.9 million compared to a budget of $43.5 million, or $9.6 million less than budget. Based on the projected revenues and expenditures, the Sewer Construction Fund balance at June 30, 1994 is projected to be $50.4 million. Discussion followed concerning the commitment of Sewer Construction Funds to the District's necessary and aggressive Capital Improvement Program. Member Clausen 03 03 94 43 suggested that as the Board and staff go through the budgeting process this year, consideration be given to evaluating whether there would be any benefit or advantage to going to a two-year budget cycle. Mr. Dolan, General Manager-Chief Engineer, stated that staff seriously considered the idea last year, but because of the uncertainty of the ad valorem tax revenue did not proceed. This year with the implementation of the new HTE budgeting process and the continued uncertainty of ad valorem tax revenue, it does not appear to be a good year to implement a two-year budget. However, the Capital Improvement Budget/Capital Improvement Plan can be considered a 1 O-year budget. Mr. Dolan stated that staff will look into the two-year budget concept for possible future implementation. There being no further discussion, President Rainey thanked Mr. Mercurio for his presentation and declared that the 1993-1994 Capital Improvement Program Mid-Year Status Report was duly received. 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 12. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that information is still being gathered with regard to arrangements for the upcoming California Water Pollution Control Association conference, and requested that discussion be continued to March 17, 1994. The Board concurred. 2) Mr. Dolan, General Manager-Chief Engineer, recapped recent events in the area of water reclamation. The Pleasant Hill Interceptor Project provided an opportunity to construct a reclaimed water distribution line. This opportunity triggered a discussion with the Contra Costa Water District (CCWD) Board of Directors which in turn led to a new round of negotiations on future joint reuse activities. The recent negotiations have focused on an agreement which would: . Erase the 1972 agreement; . Provide for the repossession of the facilities built by Central Contra Costa Sanitary District (CCCSD) which are on CCCSD property (clearwell, high lift pumps, disinfection facility); and . Give CCWD first right of refusal on defined reuse projects and stipulate that CCWD will not interfere with projects in which they do not want to participate. Mr. Dolan suggested that a joint Board meeting would be in order to be sure there is consensus on these issues. If this understanding could be achieved and these principles could be worked out, staff could proceed with the Pleasant Hill Interceptor/Recycled Water Pipeline Project and CCWD, and perhaps East Bay Municipal Utility District, could be asked if they wished to participate. Mr. Parke L. Boneysteele, of Walnut Creek, expressed his extreme pleasure in hearing the proposal of the General Manager-Chief Engineer. Mr. Boneysteele suggested that it would be in CCCSD's best interest to receive possession of the NAX plant as part of the proposed agreement. Mr. Dolan recounted the history of CCWD's perceived need for the NAX plant. Mr. Dolan stated that staff has considered this issue and is reluctant to acquire it. Following discussion, the draft letter to the CCWD Board of Directors requesting a joint meeting to discuss recycled water issues, was approved as amended. 03 03 94 ----- ----------- --------- 44 Member Menesini reported that he attended a Recycled Water Committee meeting on February 8, 1 994 and a tour of the Filter Plant on March 1, 1994. Both the presentation and the tour were outstanding, explaining the scientific and technological basis for the production of clean, usable, recycled water. Member Menesini commended General Manager-Chief Engineer Roger Dolan, Deputy Chief Engineer Robert Baker, Plant Operations Department Manager Charles Batts, Senior Engineer Lynne Putnam, Associate Engineer Jim Coe, and Associate Engineer Randy Grieb for their efforts. 3) Mr. Dolan, General Manager-Chief Engineer, reported that since the institutional arrangements for management of franchising and solid waste control were last discussed, there have been several meetings on the subject. Mr. Dolan reported that the City Managers and solid waste staff of Moraga, Danville, and Lafayette have expressed a desire for continuation of the present institutional arrangement. Under this arrangement, the District would sit on the Central Contra Costa Solid Waste Authority (CCCSWA) Board. CCCSWA would manage the solid waste franchising on a consolidated basis. Clearly, the City Managers do not want their staffs to be involved in the day-to-day solid waste activities. There is a diversity of opinion on franchise fees. Moraga does not care to receive any franchise fees; Danville and Lafayette thought that there was justification for them to receive a franchise fee. In addition, the subsidy from commercial may be different in different areas. The Lafayette City Manager indicated that his Council has not yet expressed an opinion and may wish to have a seat on the CCCSW A Board. Mr. Dolan reported that Contra Costa County staff has proposed taking over the District's northern unincorporated area and entering into an agreement by which the District would represent the County on the CCCSWA Board. County staff intends to draft an agreement that would impose conditions on that relationship. Mr. Dolan reported that the Walnut Creek and San Ramon City Managers are open to either the District being on the CCCSWA Board, the cities and the County being on the Board, or both. CCCSWA will conduct a workshop at 4:00 p.m. on Wednesday, March 16, 1994, to receive input concerning future institutional arrangements for the management of solid waste responsibilities. The four cities for which the District franchises have been informed and requested to present their positions at that workshop. Following discussion, it was the consensus of the Board that the March 16, 1994 CCCSWA Workshop be noticed as an Adjourned Regular Board meeting to allow the full Board to participate. At this time, President Rainey apologized but indicated that she had to leave the meeting at 5:00 p.m. President Rainey departed from the order of the agenda to consider Item 14., Closed Session. 14. CLOSED SESSION a. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(aL The title of the litigation discussed was Acme Landfill Corp. v. Althin CD Medical, Inc., CCCSD, et ai, U.S. District Court No. C91-4268 SBA. At 4:36 p.m., President Rainey declared the closed session to discuss litigation pursuant to Government Code Section 54956.9(aL At 5:22 p.m., President Rainey left the meeting. At 5:42 p.m., President Pro Tem Dalton concluded the closed session and reconvened the meeting into open session. 03 03 94 45 15. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION Mr. Kenton L. Aim, Counsel for the District, stated that no action requiring public announcement was taken in closed session. At this time, President Pro Tem Dalton reverted to the order of the agenda. 12. REPORTS COUNSEL FOR THE DISTRICT b. Due to the lateness of the hour, the presentation on changes to the Brown Act was continued to March 17, 1994. c. SECRETARY OF THE DISTRICT 1 ) Following discussion, it was the consensus of the Board that the first Board meeting in May be rescheduled to Tuesday, May 3, 1994 at 3:00 p.m. due to a conflict with the California Association of Sanitation Agencies (CASA) meeting. 2) The 1994-1995 Budget Schedule Board Committee and Workshop dates were discussed and will be confirmed with the Board. 13. ANNOUNCEMENTS Member Clausen requested that letters be drafted for the Board's consideration opposing S 439 and HR 1076, relating to the Interstate Transportation of Municipal Solid Waste Act of 1993. Mr. Dolan stated that staff will draft letters for the Board's consideration at the March 16, 1994 Board meeting. 14. CLOSED SESSION This item was taken out of order earlier in the agenda. 15. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION This item was taken out of order earlier in the agenda. 16. ADJOURNMENT There being no further business to come before the Board, President Pro Tem Dalton adjourned the meeting at the hour of 5:57 p.m., to reconvene in Adjourned Regular Session at 4:00 p.m. on Wednesday, March 16, 1994 at the Civic Park Community Conference Room, 1375 Civic Drive, Walnut Creek, California, for a Central Contra Costa Solid Waste Authority workshop on solid waste and recycling franchising options - post 1996; and to reconvene at 1 :30 p.m. on Thursday, March 17, 1994 for a closed session to discuss existing litigation pursuant to Government Code Section 54956.9(a) prior to the Regular Board Meeting at 3:00 p.m. at the District Board Meeting Room, 5019 Imhoff Place, Martinez, California. . - ~. j '-.. "-1 .---. ~- . / ".. '/, .JG. /,' ~~, .'~.L/ 7f~ L ,/ ¿¿ '/ J {.-LA_Cr- President of the Board of Directdrs, 7 Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: S c et ry of the Central ontra Costa Sanitary District, County of Contra Costa, State of California 03 03 94