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HomeMy WebLinkAboutBOARD MINUTES 04-07-94 61 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON APRIL 7, 1994 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 501 9 Imhoff Place, Martinez, County of Contra Costa, State of California, at 3:00 p.m. on April 7,1994. President Rainey called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Menesini, Hockett, Clausen, Rainey ABSENT: Members: Dalton Member Dalton entered the meeting at the hour of 3:04 p.m. 2. PUBLIC COMMENTS None 3. AWARDS AND COMMENDATIONS PRESENTATION OF AWARD TO SCOTT THOMPSON. PLANT OPERATOR II. FOR SAFETY SUGGESTION OF THE YEAR a. Ms. Bonnie Allen, Risk Manager, stated that the District Safety Suggestion Program allows employees to present safety suggestions to the District and receive recognition for them. Safety suggestions are evaluated and recognition given on a monthly basis; and at the end of the year, all significant suggestions are evaluated and the Safety Suggestion of the Year Award is given. This year Mr. Scott Thompson, Plant Operator II, received the Safety Suggestion of the Year Award for his suggestion to provide backup power to the H2S sensors. This suggestion clearly meets the criteria for providing safety for the lives and health of our employees and the public. Ms. Allen stated that H2S is flammable, poisonous, colorless, and dangerous. It is extremely hazardous and can cause coma and death. During electrical power shutdowns or failure, the sensors would not operate and there would be no warning. Because of Mr. Thompson's suggestion, backup power will be provided to the sensors. President Rainey thanked Ms. Allen. President Rainey stated that it is wonderful to know that employees are encouraged to submit suggestions to improve protection of the health and welfare of our employees and the public. President Rainey presented the Safety Suggestion of the Year Award to Mr. Thompson and congratulated him for contributing the most significant safety suggestion for 1993. 4. CONSENT CALENDAR President Rainey requested that Item b., Initiate proceedings to change the District's Sphere of Influence (SOl) and formally annex 16.27 acres of land located in Southeast Moraga, be pulled from the Consent Calendar for discussion. Member Menesini requested that Item c., Order completion of District Annexation 128, the Country Club at Gale Ranch, San Ramon area, be pulled from the Consent Calendar for discussion. It was moved by Member Clausen and seconded by Member Hockett, that the Consent Calendar, consisting of Items a. through e. excluding Items b. and c., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Two Quitclaim Deeds, one to Kaiser Foundation Hospitals and one to Marilyn A. Pierson and Karl E. Schunk, Job 1566, Parcel 1, were approved, the President of the District Board of Directors and the Secretary of the 04 07 94 62 District were authorized to execute and record said Quitclaim Deeds, and Resolution Nos. 94-022 and 94-023 were adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Clausen, Hockett, Dalton. Menesini, Rainey NOES: Members: None ABSENT: Members: None b. Pulled for discussion. c. Pulled for discussion. d. The contract work for the construction of the Standby Power Facility Project, DP 20121, was accepted and the filing of the Notice of Completion was authorized. Motion unanimously approved on the following vote: AYES: Members: Clausen, Hockett, Dalton, Menesini, Rainey NOES: Members: None ABSENT: Members: None e. The Board was advised of the close out of the Telephone Communications System Project, DP 20141. This item was presented for the Board's information. No action was taken. b. INITIATE PROCEEDINGS TO CHANGE THE DISTRICT'S SPHERE OF INFLUENCE (SOn AND FORMALLY ANNEX 16.27 ACRES OF LAND LOCATED IN SOUTHEAST MORAGA In reviewing this item, President Rainey stated that it seemed unusual that this area would not be annexed to the Town of Moraga at this time since services to the property would be provided by the Town of Moraga. President Rainey stated that she contacted Moraga Town Manager Ross Hubbard and Local Agency Formation Commission (LAFCO) Executive Director Annamaria Perrella and determined that the matter is currently wending its way through the annexation process. The Town of Moraga is negotiating an agreement with the developer with regard to sewering Moraga's Rancho Laguna Park. President Rainey asked if staff had any additional information. Member Menesini expressed concern from reading the June 1992 Environmental Impact Report (EIR) on this project, that the District could be approving a plan that may not be safe in the future and could possibly result in spillage. Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that staff has viewed the land use issues as the purview of general purpose governments. For reasons unrelated to the District, this matter was processed by the Board of Supervisors rather than the Town of Moraga. The District is much more concerned with the technical issues of how to best provide service to the property. This piece of property has the feature that all .of the lots cannot be served without a pumping station because the south end of the property is below the grade needed for gravity service into the District's system. Staff had planned to discuss this matter with the Board in the near future. Mr. Dolan provided a brief overview of the alternatives for serving the property and providing service to the Town of Moraga Rancho Laguna Park. Because of the concerns raised by President Rainey and Member Menesini, Mr. Dolan recommended that this matter be held over to a future Board Meeting at which time staff will provide a detailed explanation of the alternatives. Member Clausen suggested that the Board consider establishing a pumping station policy. Mr. Dolan stated that Members of the Board had expressed the opinion that the District 04 07 94 63 should not extend its boundaries by pumping. Member Dalton stated that previous Boards have been opposed to expansion of small pumping stations because they are not economical. President Rainey suggested that District staff meet with the developer, the Town of Moraga, and Contra Costa County with regard to these issues. Mr. Mike Spencer, of Bellecci & Associates Engineering, addressed the Board on behalf of the developer. Mr. Spencer stated that the concerns expressed by the Board are valid. Mr. Spencer stated that a meeting is being scheduled next week with the Town of Moraga to discuss these issues. District Board and staff are invited to attend. Mr. Spencer requested that the Board approve the resolution of application for annexation of the subject properties, recognizing that all of the concerns identified will be addressed during the next two months prior to LAFCO consideration of the annexation. This will keep the project on schedule. Mr. Spencer stated that he would like to grade the site before the winter rains begin and a two month delay could force construction into the following year. President Rainey stated that one of the first questions considered by LAFCO is the ability of utilities to serve. If the District initiates proceedings, District approval is given to the project and the District may not be able to serve. Following discussion, Planning Assistant Russ Leavitt summarized the issues including: 1 ) Potential areas to be served; 2) The relationship between the development and the Town of Moraga Rancho Laguna Park; and 3) Safety issues. Mr. Dolan, General Manager-Chief Engineer, recommended that this matter be brought back when staff is prepared to address all the alternatives. Following discussion, it was moved by Member Clausen and seconded by Member Hockett, that consideration of the request to initiate proceedings to change the District's Sphere of Influence and formally annex 16.27 acres of land located in southeast Moraga be continued to April 21, 1 994. There being no objection, the motion was unanimously approved. c. ORDER COMPLETION OF DISTRICT ANNEXATION 128. THE COUNTRY CLUB AT GALE RANCH. SAN RAMON AREA Member Menesini stated that he requested that this item be pulled from the Consent Calendar for discussion. Member Menesini stated that there are a number of agencies in this area and he questioned the location of those agencies' facilities in relation to the proposed development and whether another agency could serve as well as the District. Mr. Dolan, General Manager-Chief Engineer, described locations of other agencies in relation to the property in question and described the intention of the developers as District staff knows it. Mr. Dolan stated that Dublin San Ramon Services District (DSRSD) is not in a position to provide service to this property. DSRSD is in a position to provide service to the eastern portion of the area and they are planning to do so. Mr. Robert A. Baker, Deputy Chief Engineer, briefly described the development proposed in the Dougherty Valley and the plans and ability of DSRSD to serve certain portions of the proposed development. In response to a question from Member Menesini, Planning Assistant Russ Leavitt described the list of facilities needed to serve the entire Dougherty Valley area, as set forth in the Environmental Impact Report (EIR). 04 07 94 64 Mr. Tom Koch, representing the applicant, Shapellindustries, addressed the Board, stating that DSRSD does not have capacity in terms of effluent disposal. The Windemere development has expressed an interest in working with DSRSD. This first phase of the Dougherty Valley, Country Club at Gale Ranch, is a separate drainage. DSRSD has expressed an interest in serving the Dougherty Valley, but never this portion of the Dougherty Valley. Central Contra Costa Sanitary District is the preferred option for the Country Club at Gale Ranch. In response to a question from Member Menesini concerning discharge of treated effluent into Suisun Bay, Mr. Dolan stated that the District is regulated by guidelines established by the Regional Water Quality Control Board. At this time there is no problem with the amount or quality of effluent discharged. The Board has received presentations indicating that at some point there will be a mass emission limit. Staff is not now in a position to say that because of effluent water quality concerns, the District should not pump more into the bay. If and when the District must further control discharges, pollution prevention, growth control, and recycling will all need to be considered. There being no further discussion, it was moved by Member Clausen and seconded by Member Hockett, that Resolution No. 94-024 be adopted, certifying review of information, adopting findings, and ordering completion of District Annexation 128, Country Club at Gale Ranch. Motion 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 None 6. SOLID WASTE FRANCHISING OPTIONS POST 1996 a. Mr. Dolan, General Manager-Chief Engineer, stated that it is likely that each Board Member has an opinion on how the cities, the County and the District should integrate solid waste roles and responsibilities after February 28, 1996, when the current franchises expire. To enable the cities to respond and because of the scope of work involved in implementing the preferred option, it would be appropriate for the Board to express its position as soon as practicable. Mr. Dolan introduced Mr. Paul Morsen, Deputy General Manager, who reviewed the institutional options proposed to facilitate a transition in franchise administration by February 28, 1996. Those institutional options, minimal change, five-year transition, and rapid transition, are described in detail in the position paper. Mr. Morsen described operational considerations, including development and implementation of a new franchise agreement, resolution of the Acme lawsuit, and transfer and disposal alternatives, and the time line associated with each. Discussion followed concerning the appropriate transition period, the need for a gradual and orderly transfer of responsibility, the District's experience in the area of solid waste franchising and management, the District's leadership role and commitment to controlling costs while implementing required programs, and ongoing discussions with the County concerning franchising in the unincorporated areas. Mr. Morsen stated that he, Central Contra Costa Solid Waste Authority (CCCSWA) Executive Director Fred Davis, and Bob Hilton, of Hilton Farnkopf & Hobson, are working to develop a Request for Proposals (RFP) for solid waste and recycling services franchising post 1996. Major considerations include the coordination of service levels and rates in the existing franchise areas of CCCSW A member agencies, negotiations with Contra Costa County concerning franchising in the unincorporated areas, resolution of the Acme lawsuit, and transfer and disposal considerations. 04 07 94 65 Following discussion, it was the consensus of the Board that it is their intent that between now and 1996 the District would follow the minimal change approach which would plan for transition of franchising responsibility to the Central Contra Costa Solid Waste Authority by 1996 and would draft franchise agreement(s) which would anticipate that sometime during the life of the agreement(s) the franchising responsibility could be transferred from the District to the four cities which the District now represents; and that staff be directed to advise the cities of the Board's position. b. ADOPT RESOLUTION RATIFYING THE DISSOLUTION OF THE CONTRA COSTA SOLID WASTE AUTHORITY AND TERMINATION OF THE JOINT EXERCISE OF POWERS AUTHORITY AGREEMENT It was moved by Member Menesini and seconded by Member Hockett, that Resolution No. 94-025 be adopted, ratifying the dissolution of the Contra Costa Solid Waste Authority and termination of the Joint Exercise of Powers Authority Agreement. Motion unanimously approved on the following vote: AYES: Members: Menesini, Hockett, Dalton, Clausen, Rainey NOES: Members: None ABSENT: Members: None President Rainey commended Contra Costa Solid Waste Authority Executive Director Avon Wilson for her efforts on behalf of the Authority. a. 7. ADMINISTRATIVE ADOPT A RESOLUTION ESTABLISHING THE TIME AND PLACE FOR REGULARLY SCHEDULED BOARD COMMITTEE MEETINGS AND ESTABLISH POLICY FOR COMPENSATION FOR BOARD MEMBERS ATTENDING SUCH MEETINGS Member Clausen suggested that the resolution be amended to include provision for the Board or the Committee Chair to call a committee meeting; and language clarifying that in the event of a Board Meeting held in conjunction with a committee meeting, only the official representative and alternate will be compensated. Following discussion, it was moved by Member Menesini and seconded by Member Hockett, that Resolution No. 94-'026, establishing the time and place for regularly scheduled Board Committee Meetings and establishing a policy for compensation for Board Members attending such meetings, be adopted with the amendments noted above. Motion unanimously approved on the following vote: AYES: Members: Menesini, Hockett, Dalton, Clausen, Rainey NOES: Members: None ABSENT: Members: None 8. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH THE SHELL PIPE LINE CORPORATION FOR PURCHASE OF APPROXIMATELY 15 MILES OF SHELL SAY AREA PRODUCTS PIPELINE Mr. Dolan, General Manager-Chief Engineer, described the locations of pot'ential reclaimed water users as shown on the map in the Board agenda package. It was moved by Member Menesini and seconded by Member Dalton, that the General Manager-Chief Engineer be authorized to execute a Purchase and Sale Agreement and upon closing, execute the Bill of Sale and Partial Assignment documents which will execute the closing of the purchase of approximately 15 miles of the Shell Bay Area Products Pipeline for one dollar ($1.00) with the Shell Pipe Line Corporation. There being no objection, the motion was unanimously approved. 04 07 94 --. . '--'---'---'--- -------.. -------------------.------- 66 b. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH GEOGRAPHIC RESOURCE SOLUTIONS INC. TO CONVERT THE DISTRICT'S COLLECTION SYSTEM MAPS TO DIGITAL FORMAT. DP 8058 Following explanation by Mr. Dolan, it was moved by Member Hockett and seconded by Member Clausen, that the General Manager-Chief Engineer be authorized to execute an agreement in the amount of $348,569 with Geographic Resource Solutions to convert the District's collection system maps to digital format, DP 8058. There being no objection, the motion was unanimously approved. 9. PERSONNEL RECEIVE AND CONSIDER PERSONNEL REQUESTS - FISCAL YEAR 1994-1995 a. Mr. Dolan, General Manager-Chief Engineer, introduced Ms. Cathryn Freitas, Personnel Officer, who provided an overview of the personnel needs for Fiscal Year 1994-1995. Ms. Freitas stated that the proposed 1994-1995 Personnel Budget includes deletion of seven positions and additions of five positions, three of which are expected to be filled from within. As was done last year, to avoid layoffs and to meet the needs of the District, staff will meet and confer on the proposed budget with the bargaining groups. Ms. Freitas stated that because of the time required for the meet and confer process, it is anticipated that the Personnel Budget will be submitted for final Board approval on May 3, 1994 rather than April 21, 1994 as stated in the position paper. Ms. Freitas reviewed the proposed changes in each of the departmental budgets as set forth in detail in the proposed Personnel Budget, noting that no change in staffing level is proposed for the Plant Operations Department or the Office of the Secretary of the District. Ms. Freitas explained that one of the new positions, Information System Specialist, is expected to be filled from w'¡thin the District. Maintenance Coordinators, as well as other employees, may meet the minimum qualifications for this position. Because there are Maintenance Coordinators throughout the District and they may not all have been able to avail themselves of the same training opportunities, it is proposed that filling the Information System Specialist position be delayed until later in the current calendar year to provide an opportunity for additional training. Authorization is also requested to fill 8 1/2 Co-op positions, rather than 7 1/2 as requested in the proposed Personnel Budget. An additional Co-op position is requested for the Plant Engineering Division. Ms. Freitas stated that the proposed 1994-1995 Personnel Budget will result in a cost savings of $72,404 after deducting the cost of the additional Co-op position. Following discussion, it was moved by Member Clausen and seconded by Member Hockett, that the Board policy be extended, requiring Board approval for filling any position that becomes vacant during Fiscal Year 1994-1995. There being no objection, the motion was unanimously approved. President Rainey indicated that the Personnel Budget requests for Fiscal Year 1994-1995 were duly received. b. AUTHORIZATION TO HIRE SEASONAL EMPLOYEES Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Hockett and seconded by Member Menesini, that the hiring of 27 persons for seasonal employment be authorized. There being no objection, the motion was unanimously approved. a. 10. CORRESPONDENCE NOTE RECEIPT OF LETTER DATED MARCH 11. 1994. FROM MS. BARBARA BOXER. UNITED STATES SENATOR. THANKING THE BOARD FOR ITS LETTER SHARING CONCERNS Receipt was noted of the letter dated March 11, 1994, from Ms. Barbara Boxer, United States Senator, thanking the Board for its letter sharing concerns. 04 07 94 67 b. NOTE RECEIPT OF LETTER DATED MARCH 16. 1994. FROM MR. JOSEPH L. CAMPBELL. CONTRA COSTA WATER DISTRICT PRESIDENT. THANKING THE BOARD FOR ITS LETTER REQUESTING A JOINT MEETING TO DISCUSS RECYCLED WATER ISSUES Mr. Dolan, General Manager-Chief Engineer, reported on the April 1, 1994 meeting between staff representatives from Contra Costa Water District (CCWD) and Central Contra Costa Sanitary District, at which draft principles of agreement were discussed. Good progress is being made and it is hoped that agreement at the staff level will be reached in the very near future. The Board requested an informal review of the Draft Principles of Agreement to ensure that they could support the approach being taken. Receipt was noted of the letter dated March 16, 1994, from Mr. Joseph L. Campbell, Contra Costa Water District President, thanking the Board for its letter requesting a joint meeting to discuss water issues. 11. APPROVAL OF MINUTES MINUTES OF ADJOURNED REGULAR MEETING OF MARCH 16. 1994 a. It was moved by Member Hockett and seconded by Member Dalton, that the minutes of the adjourned regular meeting of March 16, 1994, be approved as presented. There being no objection, the motion was approved with Member Menesini abstaining because he was not present at the meeting of March 16, 1994. b. MINUTES OF THE REGULAR MEETING OF MARCH 17. 1994 It was moved by Member Dalton and seconded by Member Menesini, that the minutes of the regular meeting of March 17, 1994, be approved as presented. There being no objection, the motion was unanimously approved. 12. APPROVAL OF EXPENDITURES EXPENDITURE LIST DATED APRIL 7. 1994 a. Member Menesini, member of the Budget and Finance Committee, stated that the expenditures were reviewed and found to be in good order. Following discussion, it was moved by Member Menesini and seconded by Member Dalton, that the Expenditure List dated April 7, 1994, including Self-Insurance Check Nos. 100815-100822, Running Expense Check Nos. 81122-81568, Sewer Construction Check Nos. 13926-14011, and Payroll Check Nos. 34465-34757, be approved as recommended. There being no objection, the motion was unanimously approved. 13. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 14. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that at the last Board meeting President Rainey brought up the matter of increasing communication between the City Councils in the District's service area. Mr. Dolan suggested that if the Board believes there should be a heightened level of communication, it may be timely to provide an update to the Pleasant Hill City Council on the status of the Pleasant Hill Relief Interceptor Project. Also, District Board Members could meet with officials from Danville, Lafayette, Orinda, and Moraga concerning solid waste management issues. Following discussion, it was agreed that meetings would be scheduled between City representatives and the District Board President and/or Board liaison as the need arises. 04 07 94 .----------"-'---"- ---------- ---- 68 04 b. c. d. 2) 3) 4) 5) 6) Mr. Dolan announced that he will be in Washington, D.C. April 12-15, 1994 for an American Academy of Environmental Engineers Executive Board Meeting and Award Ceremony on Excellence in Environmenta(Engineering, and an Electrical Power Research Institute Meeting, and again April 25 and 26, 1994 for a Water Environment Federation Nominations Committee Meeting. ' Mr. Dolan announced that the District is advertising for bids for installation of equipment for the Co-Generation Project. The engineer's estimate for the work is $2.5 million. Mr. Dolan stated that an interesting development has ocCurred with regard to purchase of the Gas Chromatograph Mass Spectrometer (GCMS) previously discussed with the Board. Mr. Dolan introduced Mr. Charles W. Batts, Plant Operations Department Manager, who stated that the GCMS instrument was chosen based on reliability and cost. The manufacturer is attempting to develop market share, providing an opportunity to purchase two GCMS instruments for approximately $170,000 to $175,000 instead of $140,000 for one instrument as discussed previously with the Board. This includes a $33,000 discount on the second unit. Mr. Batts recommended that the District proceed with purchase of two units based on: . The age and maintenance needs of the old Kratos unit; . Labor savings which would result from having two common units; and . The opportunity for cooperation and cost sharing on organic work for the Bay Area Dischargers Association (BADA) and other organizations. If the Board has no objection, staff will proceed with purchase of two units and a position paper will be presented for Board consideration in the near future. The Board voiced no objection. Mr. Dolan announced that Ms. Mary Lou Esparza, Chemist II, has been asked to attend a technical conference in Norfolk, Virginia. The Bay Area Dischargers Association (BADA) will pay her expenses. This is an honor for the District and staff is very proud of Ms. Esparza. Ms. Esparza will share her education with her BADA colleagues when she returns. Mr. Dolan announced that the Engineering Source Control Section has met with Mr. Don Freitas and other County representatives responsible for the Urban Storm Water Pollution Prevention Program. The possibility that the District could integrate inspection for illicit discharge to storm drains in the central county area into the District's Source Control Program was discussed. The District's direct expenses would be billed to the storm drain management group. The County Health Department is also interested in providing these services. COUNSEL FOR THE DISTRICT None SECRETARY OF THE DISTRICT None BOARD MEMBERS 1 ) Appointment of a representative and alternate to represent the District at the Contra Costa Special Districts Association was discussed. President Rainey indicated that she and Member Hockett have been attending all the 07 94 69 meetings. Following discussion, it was moved by Member Menesini and seconded by Member Hockett, that President Rainey be appointed representative and Member Hockett be appointed alternate to represent the District at the election of the Contra Costa Special Districts Representative to the Local Agency Formation Commission (LAFCQ), and that President Rainey be nominated for the position of Representative to LAFCO. There being no objection, the motion was unanimously approved. 15. ANNOUNCEMENTS None 16. CLOSED SESSION a. LABOR NEGOTIATIONS With respect to labor negotiations, 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 its position and instruct its designated representatives. The District's negotiator is Deputy General Manager Paul Morsen and the pertinent employee organizations are Central Contra Costa Sanitary District Employees' Association Local No.1 representation group and the Management Support/Confidential Group. b. INITIATION OF LITIGATION Pursuant to Government Code Section 54956.9(c), on the advice of Counsel based on existing facts and circumstances, the Board of Directors of the Central Contra Costa Sanitary District has decided to initiate or is deciding whether to initiate litigation. There is one potential case. Member Menesini left the meeting at the hour of 5:52 p.m. At 5:52 p.m., President Rainey declared the closed session to discuss labor negotiations pursuant to Government Code Section 54957.6 and litigation pursuant to Government Code Section 54956.9(c). At 6:35 p.m., President Rainey concluded the closed session and reconvened the meeting into open session. 17. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None 18. ADJOURNMENT There being no further business to come before the Board, President Rainey adjourned the meeting at the hour of 6:36 p.m. w-e£lJt:Q ~ President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: S c et < of the Central Contr; C ta Sanitary District, County of Contra Costa, State of California 04 07 94