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HomeMy WebLinkAboutBOARD MINUTES 07-07-94 137 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 7, 1 994 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 7, 1994. President Rainey called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Menesini, Dalton, Hockett, Rainey ABSENT: Members: Clausen Member Clausen had advised staff that he would be late and requested that the meeting begin without him. 2. PUBLIC COMMENTS Mr. Dave Jameson, Member of the Board of Directors of the Mosquito and Vector Control District and Special Districts Representative to Local Agency Formation Commission (LAFCO), addressed the Board with regard to his representation of special districts at LAFCO. Mr. Jameson stated that he, Director Dwight Meadows of Iron house Sanitary District, and President Rainey of Central Contra Costa Sanitary District were elected to represent special districts at LAFCO. Mr. Jameson summarized his background and experiencè and indicated that he will represent the District to the best of his ability. Mr. Jameson invited Board Members to call him at his home with any problems or questions they might have. Mr. Henry Clarke, General Manager of Public Employees Union Local No. One, addressed the Board on behalf of Mr. Rod Smith, Construction Inspector. Mr. Clarke recapped Mr. Smith's work history at Central Contra Costa Sanitary District from his hire in 1978 through the present, including injuries suffered by Mr. Smith, time off from work for surgery and recuperation, return to work on light duty, retraining, claims and lawsuits against the District, his application for disability retirement, and the current appeal before the Retirement Board. Mr. Clarke stated that the Retirement Board appeal will be heard on August 29, 1994 and a decision is anticipated in mid-September. Mr. Smith's leave time and insurance benefits will run out on July 26, 1994. Mr. Clarke requested that the Board urge management to allow Mr. Smith to return to work on light duty pending the decision of the Retirement board with regard to his appeal for disability retirement. President Rainey stated that the Brown Act does not allow the Board to discuss this matter since it was not calendared on the agenda. President Rainey requested that staff report be made to the Board at the next Board Meeting on July 21, 1 994. Mr. Clarke acknowledged that that would be satisfactory. Mr. Parke L. Boneysteele, resident of Walnut Creek, addressed the Board objecting to statements in the minutes of June 2, 1994 and June 16, 1994 relating to the use of portfolio management services. With regard to the minutes of June 2, 1994, in the second paragraph on page 11, Mr. Boneysteele took exception to the sentence, "Mr. Michael Varano, Managing Director of PFM, then reviewed the active portfolio management strategies employed by PFM to maximize revenues using the same conservative investments the District currently uses." Mr. Boneysteele indicated that the statement is absurd and erroneous, and contradicts the supporting paperwork. With regard to the minutes of June 16, 1994, in the fourth paragraph on page 7, Mr. Boneysteele took exception to the sentence, "President Rainey stated further that no change has been proposed in the District investment policy." Mr. Boneysteele stated that a change in the investment policy is inherent in consideration of this matter. 07 07 94 -----. 138 Mr. Roger J. Dolan, General Manager-Chief Engineer, asked Controller Deborah Ratcliff if any change has been proposed to the District's investment policy. Ms. Ratcliff stated that no change is recommended to the District's investment policy. Under the PFM proposed, which now has been withdrawn pending review by the Finance Committee, the District would continue to invest only in Treasury bills and Treasury notes. 3. CONSENT CALENDAR Discussion followed concerning the agreement negotiated with Martinez Unified School District which provides that the School District will contribute to the cost of relocating the sewer main if relocation becomes necessary in the future. Following discussion, it was moved by Member Menesini and seconded by Member Hockett, that the Consent Calendar, consisting of Items a. through h., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Grants of Easements for DP 4985, Parcel 009 were accepted from Pleasant Palms Partnership at a cost of $51,786.00; recording of the Grant of Permanent Easement was authorized; and Resolution No. 94-044 was adopted to that effect. Motion approved on the following vote: AYES: Members: Menesini, Hockett, Dalton, Rainey NOES: Members: None ABSENT: Members: Clausen b. The Agreement relating to Real Property with Steven E. Hagman, et ux, Job 2447, Moraga area, was approved; the President of the Board of Directors and the Secretary of the District were authorized to execute and record said agreement; and Resolution No. 94-045 was adopted to that effect. Motion approved on the following vote: AYES: Members: Menesini, Hockett, Dalton, Rainey NOES: Members: None ABSENT: Members: Clausen c. The Agreement relating to Real Property with Martinez United School District, Job 1810, Martinez area, was approved; the President of the Board of Directors and the Secretary of the District were authorized to execute and record said agreement; and Resolution No. 94-046 was adopted to that effect. Motion approved on the following vote: AYES: Members: Menesini, Hockett, Dalton, Rainey NOES: Members: None ABSENT: Members: Clausen d. The expenditure of $180 per person and travel for members of the Sludge Dewatering Process Redesign Team to visit the Durham, Oregon wastewater treatment plant were authorized. Motion approved on the following vote: 07 07 94 139 AYES: Members: Menesini, Hockett, Dalton, Rainey NOES: Members: None ABSENT: Members: Clausen e. Resolution No. 94-047 was adopted, confirming that publication has been made of District Ordinance No. 189, amending and adding provisions within Title 6 and Title 9 of the District Code and adopting Schedule of Capital Improvement Fees and Charges. Motion approved on the following vote: AYES: Members: Menesini, Hockett, Dalton, Rainey NOES: Members: None ABSENT: Members: Clausen f. Resolution No. 94-048 was adopted, confirming that publication has been made of District Ordinance No. 190, adopting the Schedule of Operations and Maintenance Rates and Charges and amending District Code Section 6.30. Motion approved on the following vote: AYES: Members: Menesini, Hockett, Dalton, Rainey NOES: Members: None ABSENT: Members: Clausen g. Resolution No. 94-049 was adopted, confirming that publication has been made of District Ordinance No. 191, establishing the Sewer Service Charges to be billed by the Central Contra Costa Sanitary District to all served properties for 1 994-1995. Motion approved on the following vote: AYES: Members: Menesini, Hockett, Dalton, Rainey NOES: Members: None ABSENT: Members: Clausen h. Resolution No. 94-050 was adopted, confirming that publication has been made of District Ordinance No. 192, amending the Schedule of Operations and Maintenance Rates and Charges adopted May 19, 1994 and amending District Code Section 6.30. Motion approved on the following vote: AYES: Members: Menesini, Hockett, Dalton, Rainey NOES: Members: None ABSENT: Members: Clausen 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 07 07 94 140 a. 5. TREATMENT PLANT AUTHORIZE APPROVAL OF AN ADDENDUM FOR $47.000 TO THE CONTRACT WITH LAMB AND LAMB FOR THE CONTINUATION OF THE DISTRICT'S WORK REDESIGN PROGRAM President Rainey stated that the opportunity to meet with the Dewatering Process Redesign Team (PRT) last week was very interesting and informative. Mr. Dolan, General Manager-Chief Engineer, stated that the Dewatering PRT is a good example of the competence and capability of District employees. In another area of the overall work redesign effort, training began today for a group of in-house facilitators to lead various teams working on process improvement and problem solving. This is all part of the program to phase out dependency on the consultants, Lamb and Lamb, and train District employees on the work redesign process and techniques. Discussion followed with regard to the billing methodology used by Lamb and Lamb, patenting the improvements to the sludge cake pumps developed as part of the Dewatering PRT work, the cost savings resulting from the Dewatering PRT improvements, and current and planned process improvement and problem solving efforts. Mr. Dolan indicated that he would have a breakdown of the time requirements included in the Lambs' contract sent to Member Menesini. It was moved by Member Menesini and seconded by Member Hockett, that approval of the agreement addendum with Lamb and Lamb in the amount of $47,000 for the continuation of the District's Work Redesign Program be approved. There being no objection, the motion was approved with Member Clausen being absent. Member Hockett requested that a presentation be made at a future Board Meeting on the work redesign activities and accomplishments of the Collection System Operations Department. 6. CORRESPONDENCE a. NOTE RECEIPT OF LETTER DATED JUNE 22. 1994 FROM MR. CLAUDE L. VAN MARTER. ASSISTANT COUNTY ADMINISTRATOR. REGARDING HEARING ON THE SPECIAL DISTRICT CONSOLIDATION REPORT: CONSIDER CALIFORNIA SPECIAL DISTRICTS ASSOCIATION. CONTRA COSTA COUNTY CHAPTER. DRAFT RESPONSE Receipt of the letter dated June 22, 1994 from Mr. Claude L. Van Marter, Assistant County Administrator, regarding hearing on the Special District Consolidation Report was noted. Following discussion, it was moved by Member Menesini and seconded by Member Hockett, that the California Special Districts Association, Contra Costa County Chapter, draft response be endorsed with the proviso that the intent of the draft response is acceptable; and if fine tuning occurs, that would be acceptable as well. There being no objection, the motion was approved with Member Clausen being absent. b. NOTE RECEIPT OF LETTER DATED JUNE 23. 1994 FROM MR. WILLIAM J. BEATTY. TWO-YEAR DIRECTOR OF NORTHERN SACRAMENTO VALLEY SECTION OF THE CALIFORNIA WATER POLLUTION CONTROL ASSOCIATION (CWPCAL THANKING COLLECTION SYSTEM OPERATIONS DEPARTMENT MANAGER JOHN LARSON FOR HIS PARTICIPATION AS AN INSTRUCTOR IN THE CWPCA TECHNICAL CERTIFICATION PROGRAM Receipt was noted of the letter dated June 23, 1994 from Mr. William J. Beatty, Two- Year Director of the Northern Sacramento Valley Section of the CWPCA, thanking Collection System Operations Department Manager John Larson for his participation as an instructor for a CWPCA Technical Certification pre-exam review class. On behalf of the Board, President Rainey commended Mr. Larson for his efforts. 07 07 94 141 7. APPROVAL OF MINUTES MINUTES OF REGULAR MEETING OF JUNE 2. 1994 a. Following discussion, it was moved by Member Dalton and seconded by Member Hockett, that the minutes of the regular meeting of June 2, 1 994 be approved with the following amendment. The word "conservative" were deleted from the second sentence of the second paragraph on page 11. There being no objection, the motion was approved with Member Clausen being absent. b. MINUTES OF REGULAR MEETING OF JUNE 16. 1994 It was moved by Member Hockett and seconded by Member Dalton, that the minutes of the regular meeting of June 16, 1994, be approved as presented. There being no objection, the motion was approved with Member Clausen being absent. 8. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED JULY 7. 1994 Member Menesini, member of the Budget and Finance Committee, stated that he and Member Dalton reviewed the expenditures and found them to be satisfactory. It was moved by Member Menesini and seconded by Member Dalton, that the Expenditure List dated July 7, 1994, including Self-Insurance Check Nos. 100856-100860, Running Expense Check Nos. 82841-83160, and Sewer Construction Check Nos. 14310-14379, be approved as recommended. There being no objection, the motion was approved with Member Clausen being absent. 9. BUDGET AND FINANCE a. ADOPT A RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN PROJECT EXPENDITURES FROM THE PROCEEDS OF A FUTURE DEBT ISSUANCE Mr. Dolan, General Manager-Chief Engineer, stated that staff is continuing to lay the groundwork for debt issuance later this year. Adoption of the proposed resolution would allow the District to recover from the debt issuance some early expenditures on the projects listed on Attachment 2 to the position paper. Mr. Mark Cornelius, Associate Counsel for the District, stated that further research has indicated that additional language should be included to the proposed resolution indicating that the resolution is a declaration of official intent under the U.S. Income Tax Regulations and related regulations pertinent to reimbursement. Mr. Cornelius distributed a revised copy of the proposed resolution incorporating said language. It was moved by Member Menesini and seconded by Member Dalton, that Resolution No. 94-051 be adopted, stating the District's intent to pay for certain project expenditures from a future debt issuance and to secure the debt by ad valorem property tax revenue. Motion approved on the following vote: AYES: Members: Menesini, Dalton, Hockett, Rainey NOES: Members: None ABSENT: Members: Clausen 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 07 07 94 142 11. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 2) 4) 07 07 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that a report on solids residuals reuse was calendared at the request of Member Clausen. Following discussion, it was the consensus of the Board to hold the discussion of solids residuals reuse until Member Clausen is present. Mr. Dolan, General Manager-Chief Engineer, discussed the memorandum dated June 21, 1994 from Mr. Mark Finucane, Contra Costa County Health Services Director, relating to the scope of the Household Hazardous Waste Program. Deputy General Manager Paul Morsen stated that he met with Mr. Fred Davis, Executive Director of the Central Contra Costa Solid Waste Authority (CCCSWA) and staff representatives of the CCCSWA member agencies, the Cities of San Ramon and Walnut Creek. This matter will be calendared for consideration at the July CCCSWA meeting. At that time it will be recommended that staff of the CCCSWA member agencies work together to develop a proposed Household Hazardous Waste Program to be sponsored by CCCSWA. The proposed program will be based on the Household Hazardous Waste Program previously proposed by the District. CCCSWA will seek support from other central county cities for the proposed program. It is expected that the District will administer the program. Discussion followed concerning ownership of the toxic waste stream, potential liability associated with that ownership, and potential funding sources for the Household Hazardous Waste Program. Member Menesini stated that 1) the District is better equipped than the County to coordinate a Household Hazardous Waste Program; 2) it is the District's job to handle wastes; and 3) the County proposal does not appear to take into consideration the technical relationships between these toxic wastes. The District has given the issue of household hazardous waste in depth treatment; and by that fact, has a good opportunity to provide a service to the community. Member Dalton disagreed, stating that this area is the County's responsibility. The District does not have the authority to assume that responsibility . Mr. Dolan stated that the fundamental issue is that whichever agency that does the program incurs the liability on behalf of the citizenry. The real issue then is which agency would be most likely to mitigate or reduce that liability. The Household Hazardous Waste Program is needed to meet AB 939 and Regional Water Quality Control Board requirements. There is a public need and service that must be done. President Rainey agreed with Member Menesini's comments, stating that the District has qualified personnel and greater resources in this area. 3) Mr. Dolan announced that on July 6, 1994 he, President Rainey, and Planning Assistant Russ Leavitt attended the Senate Local Government Committee meeting on AB 1905, which was requested by Contra Costa County and sponsored by Assemblymember Campbell, and which would take ad valorem tax revenue from special districts to fund police services in North Richmond and Kensington. President Rainey represented the Contra Costa Enterprise Districts. In spite of eloquent presentations in opposition to the bill, it passed through the Senate Local Government Committee. This bill will go to the Senate floor following the recess. It was agreed that a meeting be scheduled with Senator Dan Boatwright to seek his support for the special districts' position. Mr. Dolan announced that he will be out of town the week of July 18, 1994 attending an Association of Metropolitan Sewerage Agencies (AMSA) 94 143 meeting in Minneapolis and an American Academy of Environmental Engineers (AAEE) meeting in Chicago. Mr. Dolan stated that as a result, he will be unable to attend the July 21, 1994 Board Meeting. Deputy General Manager Paul Morsen will attend in his place. b. COUNSEL FOR THE DISTRICT 1 ) Mr. Mark Cornelius, Associate Counsel for the District, reported on the settlement of the Anne McLaurin lawsuit in accordance with the settlement document entitled Settlement Aareement and General and Soecial Release on file in the Risk Manager's Office. In closed session on June 16, 1994, the Board voted unanimously in favor of the ultimate settlement that was reached. Mr. Cornelius briefly reviewed the key components of the settlement agreement. c. SECRETARY OF THE DISTRICT None d. BOARD MEMBERS None 12. ANNOUNCEMENTS None 13. CLOSED SESSION INITIATION OF LITIGATION a. 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. At 4:32 p.m., President Rainey declared the closed session to discuss litigation pursuant to Government Code Section 54956.9(c). At 4:38 p.m., President Rainey concluded the closed session and reconvened the meeting into open session. 14. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION President Rainey indicated that there was no reportable action from closed session. 17. ADJOURNMENT There being no further business to come before the Board, President Rainey adjourned the meeting at the hour of 4:39 p.m. President of the Board of Direct Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 07 07 94