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HomeMy WebLinkAboutBOARD MINUTES 07-21-94 144 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 21, 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 3:07 p.m. on July 21, 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 Following discussion, it was moved by Member Clausen and seconded by Member Dalton, that the Consent Calendar, consisting of Items a. through d., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. The Grant of Easement from Contra Costa County Public Facilities Corporation, Job 4943, Parcel 1, was approved, the President of the Board of Directors and the Secretary of the District were authorized to execute and record said Grant of Easement, and Resolution No. 94-052 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Clausen, Dalton, Menesini, Hockett, Rainey NOES: Members: None ABSENT: Members: None b. The Agreement relating to Real Property with Marshall Grodin, et ux, Job 3299, Parcel 2, Lafayette 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. 94-053 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Clausen, Dalton, Menesini, Hockett, Rainey NOES: Members: None ABSENT: Members: None c. Authorization was given to P.A. 94-5 (Orinda) and P.A. 94-6 LAlamo) to be included in a future formal annexation to the District. Motion unanimously approved on the following vote: 07 21 94 145 AYES: Members: Clausen, Dalton, Menesini, Hockett, Rainey NOES: Members: None ABSENT: Members: None d. The attendance of Ms. Lynne B. Putnam, Senior Engineer for the Planning Division, was authorized at the October 15-19, 1994, Water Environment Federation (WEF) annual conference in Chicago, Illinois, at a cost of $1,350. Motion unanimously approved on the following vote: AYES: Members: Clausen, Dalton, Menesini, Hockett, Rainey NOES: Members: None ABSENT: Members: None 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER In the necessary absence of Mr. Roger J. Dolan, General Manager-Chief Engineer, Mr. Paul Morsen, Deputy General Manager, requested that Item 1 0.d.1), Personnel Committee Report, be taken out of order to accommodate interested persons in the audience. President Rainey proceeded to Item 1 0.d.1). 10. REPORTS d. BOARD MEMBERS 1 ) Member Hockett, Chair of the Personnel Committee, reported that the Personnel Committee met with regard to Workers' Compensation and retirement issues relating to the Public Employees' Union Local No. One's request for Mr. Rod Smith, Construction Inspector, to return to work on light duty pending resolution of his appeal for disability retirement. Member Hockett requested that Mr. Morsen, Deputy General Manager, update the Board on recent developments in that regard. Mr. Morsen, Deputy General Manager, stated that staff learned just before the Board meeting that long term disability was authorized retroactive to June 23, 1994 for Mr. Smith, thus providing income through the anticipated date of the Retirement Board decision. The District will continue to provide health benefits for Mr. Smith as is the District's policy regarding a medical leave without pay. Mr. Morsen stated that with the exception of a question relating to deferred compensation, Public Employees' Union Local No. One's request on behalf of Mr. Smith has been satisfied. Messrs. Henry Clarke and Rod Smith stated that it was. At this time, President Rainey reverted to the order of the agenda. a. 5. CORRESPONDENCE DISCUSS AND NOTE RECEIPT OF A COpy OF A LETTER DATED JUNE 30. 1994. TO CENTRAL CONTRA COSTA SOLID WASTE AUTHORITY FROM LAFAYETTE CITY COUNCILMEMBER IVOR SAMSON. RELATING TO THE CENTRAL CONTRA COSTA SOLID WASTE AUTHORITY DRAFT REQUEST FOR PROPOSALS FOR SOLID WASTE SERVICES AND FOR REPRESENTATION ON THE AUTHORITY Mr. Morsen, Deputy General Manager, stated that this letter from Lafayette City Councilmember Ivor Samson is addressed to the Central Contra Costa Solid Waste Authority and has been calendared for consideration at the July 28, 1994 meeting of the Authority. The letter was calendared on this agenda for the Board's input and discussion prior to consideration at the Authority meeting. 07 21 94 146 Following discussion, there was a general consensus that it would be acceptable to the Board if the cities for which the District now franchises (Lafayette, Orinda, Moraga, and Danville) to be represented on the Authority. However, the second proposal, that an advisory committee be formed and that the District's representatives be bound by the decision of the advisory committee, is unacceptable and unworkable. Member Clausen noted that in order for either proposal to take place, an amendment to the Joint Powers Agreement would be required. Receipt of the copy of a letter dated June 30, 1994, to the Central Contra Costa Solid Waste Authority from Lafayette City Councilmember Ivor Samson was duly noted. b. NOTE RECEIPT OF LETTER DATED JULY 12.1994. FROM MR. CLAUDE L. VAN MARTER. ASSISTANT COUNTY ADMINISTRATOR. REGARDING PROPOSITION 171 WHICH WOULD ALLOW TRANSFER OF BASE YEAR VALUE OF REAL PROPERTY FROM ONE. COUNTY TO ANOTHER UNDER CERTAIN CONDITIONS Mr. Morsen, Deputy General Manager, stated that the staff report to which the July 12, 1 994 letter from Mr. Van Marter refers was just received and there has not been sufficient time to review it. However, it would appear that the dollars involved would not be substantial. Following discussion, receipt of the letter dated July 12, 1994, from Mr. Claude L. Van Marter, Assistant County Administrator, regarding Proposition 171 which would allow transfer of base year value of real property from one county to another under certain conditions, was noted. Staff was directed to review the matter and respond if action is warranted. 6. APPROVAL OF MINUTES a. MINUTES OF SPECIAL BOARD MEETING OF JUNE 23. 1994 b. MINUTES OF REGULAR BOARD MEETING OF JULY 7. 1994 Following discussion, it was moved by Member Hockett and seconded by Member Dalton, that the minutes of the Special Board Meeting of June 23, 1994, be approved as presented and the minutes of Regular Board Meeting of July 7, 1994, be approved with the following amendment. In the first sentence of the third paragraph on page 9, the words "in accordance with the settlement document entitled Settlement Aareement and General and Scecial Release Recitals on file in the Risk Manager's Office" were inserted following the word "lawsuit." There being no objection, the above motion was unanimously approved. 7. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED JULY 21. 1994 Member Menesini, member of the Budget and Finance Committee, stated that he and Member Dalton reviewed the expenditures and all their questions were resolved. Following discussion, it was moved by Member Menesini and seconded by Member Dalton, that the Expenditure List dated July 21, 1994, including Self-Insurance Check Nos. 100861-100868, Running Expense Check Nos. 83161-83645, Sewer Construction Check Nos. 14380-14483, and Payroll Check Nos. 35385-35686, be approved as recommended. There being no objection, the motion was unanimously approved. 8. BUDGET AND FINANCE a. APPROVE THE COLLECTION OF PAST UNDERBILLED SEWER SERVICE CHARGES FOR FISCAL YEARS 1991-1992. 1992-1993. AND 1993- 1994 Mr. Morsen, Deputy General Manager, stated that for over a year the District has had a task force working to identify Sewer Service Charges that have been underbilled. The 07 21 94 147 Board has authorized collection of the underbilled charges previously identified. This group of underbilled charges was identified late in the process and all are the result of errors in water billing by East Bay Municipal Utility District (EBMUD). Mr. Morsen stated that it is recommended that the option be given of spreading payment of these underbilled Sewer Service Charges over four years due to the magnitude of several of the accounts. A draft letter which would accomplish this is presented for the Board's consideration. Member Clausen suggested that the letter be modified to clearly indicate that this applies only to commercial accounts and not to residential accounts, since residential accounts are not billed on water usage. Mr. Morsen stated that the letter would be so amended. It was moved by Member Dalton and seconded by Member Clausen, that collection of past underbilled Sewer Service Charges for fiscal year 1991-1992, 1992-1993, and 1993-1 994 be approved, and that the draft letter to affected owners be approved with the modification noted above. There being no objection, the motion was unanimously approved. None 9. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 10. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Morsen, Deputy General Manager, stated that Member Clausen had previously inquired about recycling and reuse of sludge and ash. Mr. Morsen introduced Mr. Robert A. Baker, Deputy Chief Engineer, who reported that in 1988 the Environmental Protection Agency (EPA) was promulgating new wastewater solids regulations and seemed to have a negative attitude on incineration. At that time, the District began a serious planning effort to look at the long-term viability of incineration. James M. Montgomery (JMM) Engineers was hired to do a Solids Handling Facilities Plan. The facilities plan was to look at: . Impact of pending limits; . Furnace back-up; and . Best alternative to incineration. Results of the facilities plan indicated that: . The District can meet and in fact exceeds the EPA limits in most categories. . Heat drying, with a capital cost of approximately $30 million, was too expensive as a back-up alternative. . Lime stabilization, with a capital cost of approximately $1.2 million, was the best back-up alternative. The lime stabilization back-up alternative was built and has been available for back-up service for about a year. . Heat drying, with an annual capital and O&M cost of approximately $5.8 million, was the best long-term alternative to incineration. Mr. Baker stated that the bottom line of the facilities planning effort is that: . Incineration is a good process; . Economics dictate the status quo; and . The current regulatory outlook is good. 07 21 94 148 Mr. Baker stated that in looking at the long term (10 to 20 years into the future), it may not be possible to meet new regulatory requirements. If that should occur, the District would first increase source control efforts; then implement advanced air pollution control technology; and as a last resort, abandon incineration and go to some other technology. Discussion followed with regard to sources of metals that are anticipate could be problems in the future. Mr. Baker introduced Mr. James M. Kelly, Plant Operations Division Manager, who reported that currently one-half truckload of ash a day is produced by the furnaces. If the furnaces go down, 11 truckloads of sludge containing lime must be disposed of per day. This would be v~ry expensive. The cost for sludge disposal would be $7,000 per day for land application in San Joaquin County, or $ 16,000 per day for disposal at Keller Canyon Landfill. Mr. Kelly stated that the District recycles landfill gas, using it on the plant site. The cost of landfill gas is $750,000 per year. Of that, approximately half is burned in the incinerators. The energy from the incinerators is recaptured and used in the waste heat boilers. Mr. Kelly stated that approximately one-half truckload or about 10 wet tons of ash is produced per day by the incinerators; presently about half of the ash goes to Colusa County, California, for daily cover on a landfill and about half goes to California Nutrient Supply near Hanford, California, to be used in the production of a fertilizer. The cost is approximately $40/ton or $400/day for either location compared to the cost of $ 7,000/day for lime-treated sludge going to PimaGro for land application. The dry ash loading facility was just completed and is now being tested. Reuse of dry ash in concrete appears to be an excellent, safe reuse alternative and can be accomplished due to the dry ash loading facility. President Rainey and Member Clausen thanked Messrs. Baker and Kelly for the very complete reports. At this time, President Rainey departed from the order of the agenda. 12. 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 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. The District's negotiator is Mr. Gerald R. Lucey, Labor Counsel, and the pertinent employee is Ms. Joyce E. Murphy, Secretary of the District, an unrepresented individual. b. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a). The titles of the litigation discussed were: 1 ) Helix v. Southern Pacific Transportation Corp., et ai, US District Court, Northern District of California, Case No. C92-2312 DLJ; and 2) CCCSD v. Kiewit Pacific Co., and J. Lewis & Son, Inc., Contra Costa County Superior Court No. C93-02743. At 3:59 p.m., President Rainey declared the closed session to discuss labor negotiations pursuant to government Code Section 54957.6 and existing litigation pursuant to Government Code Section 54956.9(a). At 5:20 p.m., President Rainey concluded the closed session and reconvened the meeting into open session. 07 21 94 None 149 13. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION At this time, President Rainey reverted to the order of the agenda. a. b. c. d. 10. REPORTS GENERAL MANAGER-CHIEF ENGINEER 2) Mr. Morsen, Deputy General Manager, announced that Senior Chemist Phil Snyder and Chemist II Tri Nguyen will be going to Chino Basin, California, and Pima County, Arizona, to look at Laboratory Information Management Systems (LlMS) as part of the District's MIS Project. Costs will be paid out of Phase II of the MIS Project. COUNSEL FOR THE DISTRICT None SECRETARY OF THE DISTRICT None BOARD MEMBERS 1 ) Member Hockett, Chair of the Personnel Committee, reported that the Personnel Committee met to consider a request to fill a vacant Source Control Inspector position. One of the two Source Control Inspector 1/11 positions has been vacant for over a year. The demands on the Source Control Section simply cannot be handled by one Inspector. In order to meet increasing demands and to maintain the current level of quality of the Section, the Personnel Committee recommends that authorization be given to fill the vacant Source Control Inspector 1/11 position. It was moved by Member Hockett and seconded by Member Dalton, that authorization be given to fill the vacant Source Control Inspector 1111 position, salary range G60-65 ($3,014-$3,647 per month). There being no objection, the motion was unanimously approved. 2) Member Menesini, Chair of the Budget and Finance Committee, reported that the Budget and Finance Committee, met to receive the 1993-1994 Internal Audit Report of Petty Cash, the Permit Counter, and Service Contracts, to receive the staff response, and to consider the proposed 1994-1995 Internal Audit Program. Member Menesini stated that the internal audit, conducted by Johnston, Gremaux & Rossi, found these areas to be in good order and noted no discrepancies. Ms. Deborah Ratcliff, Controller, reviewed the Internal Audit Report and findings and recommendations prepared by Johnston, Gremaux & Rossi, and noted the staff responses. Copies of the Internal Audit Report were previously distributed to the Board. Mr. Morsen, Deputy General Manager, stated that staff recommended, and the Budget and Finance Committee agreed, that the 1994-1995 Internal Audit Program focus on travel reimbursements, the warehouse inventory system, and the fixed assets inventory system. Member Hockett requested that the Collection System Operations (CSO) Department inventory control system, developed as part of the work redesign effort, be revisited. Mr. Morsen stated that he would request the auditors look at that area specifically in their audit of the warehouse inventory system. President Rainey noted the consensus to move forward with the 1 994-1995 Internal Audit Program as proposed. 07 21 94 150 3) Board and staff briefly discussed ongoing efforts to identify alternatives and negotiate a long-term solid waste disposal contract. 4) The Board briefly discussed the Contra Costa Special Districts' Association response to the June 22, 1994 letter from Mr. Claude L. Van Marter, Assistant County Administrator, regarding the hearing on the Special District Consolidation Report sponsored by Supervisors Powers and Perata, which was calendared on the July 7, 1994 Central San Board agenda. Ms. Deborah Ratcliff, Controller, stated that she attended the Contra Costa Special Districts' Association meeting at which this letter was considered. Ms. Ratcliff stated that the draft letter, as calendared on the Central San July 7, 1994 Board agenda, was approved with no amendments. 11. ANNOUNCEMENTS None 12. CLOSED SESSION This item was taken out of order earlier in the agenda. 13. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION This item was taken out of order earlier in the agenda. 14. ADJOURNMENT There being no further business to come before the Board, President Rainey adjourned the meeting at the hour of 5:47 p.m. President of the Board of Directo , Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: e re ry of the Central Co a sta Sanitary District, County of Contra Costa, State of California 07 21 94