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:
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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.
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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
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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.
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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.
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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.
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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
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