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HomeMy WebLinkAboutBOARD MINUTES 08-04-94 151 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON AUGUST 4, 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 August 4, 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 Hockett, that the Consent Calendar, consisting of Items a. through h., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 94-054 accepting work and Offers of Dedication from Kaufman and Broad of Northern California, Inc., Job 4942, Parcel 1, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: Clausen, Hockett, Menesini, Dalton, Rainey NOES: Members: None ABSENT: Members: None b. Resolution No. 94-055 accepting work and Offers of Dedication from Stewart W. Bolinger, et ux, Job 4968, parcel 2, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: Clausen, Hockett, Menesini, Dalton, Rainey NOES: Members: None ABSENT: Members: None c. Resolution No. 94-056 accepting work and Offers of Dedication from AAAAA-Rent-A-Space-Moraga, Ltd., Job 4992, Parcel 1, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: Clausen, Hockett, Menesini, Dalton, Rainey NOES: Members: None ABSENT: Members: None 08 04 94 152 08 d. Resolution No. 94-057 accepting work and Offers of Dedication from Braddock & Logan Group A, Job 5002, Parcel 2, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: Clausen, Hockett, Menesini, Dalton, Rainey NOES: Members: None ABSENT: Members: None e. Resolution No. 94-058 accepting work and Offers of Dedication from The Sunnery Inc., Job 4972, Parcel 2, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: Clausen, Hockett, Menesini, Dalton, Rainey NOES: Members: None ABSENT: Members: None 1. The contract work for the construction of the 1 993-1 994 Sewer Renovation Pipe Replacement Project (DP 9560) was accepted and the filing of the Notice of Completion was authorized. Motion unanimously approved on the following vote: AYES: Members: Clausen, Hockett, Menesini, Dalton, Rainey NOES: Members: None ABSENT: Members: None g. Michael Penny, Assistant Engineer in the Engineering Department, was granted a five percent salary increase effective July 21, 1994, for professional registration differential as provided in the Memorandum of Understanding between the District and Central Contra Costa Sanitary District Employees' Association, Public Employees' Local No.1. Motion unanimously approved on the following vote: AYES: Members: Clausen, Hockett, Menesini, Dalton, Rainey NOES: Members: None ABSENT: Members: None h. The claim for damages in the amount of $13,608.91 from subcontractor, Calmat Co., was denied and referred to staff for further action as required. Motion unanimously approved on the following vote: AYES: Members: Clausen, Hockett, Menesini, Dalton, Rainey NOES: Members: None ABSENT: Members: None 04 94 153 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Roger J. Dolan, General Manager-Chief Engineer, suggested that Item 1 0.a.1) Update on Palos Colorados Development Water Reclamation in Moraga, be taken out of order to accommodate interested persons in the audience. President Rainey proceeded to Item 1 O.a. 1) Reports. a. 10. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that the Palos Colorados Development has been in planning stage for some time. It is now moving through the Environmental Impact Report (EIR) process. In addition to sanitary sewer facilities, the project includes a recycled water component. District staff will be commenting on the EIR. Mr. Dolan introduced Mr. Russell Leavitt, Planning Assistant, who described the Palos Colorados Development Project location in the Town of Moraga surrounded by several established subdivisions, undeveloped land and open space, and St. Mary's College. The 486-acre project consists of 188 single family residential lots, an 18-hole golf course, and 203 acres of open space. Construction of the project is expected to take a minimum of six years, with construction of the golf course and recycled water facilities proposed to occur in the early phases. Two options have been identified by the applicant for providing recycled water to the site. The primary option proposed would be for the District to supply recycled water from the Treatment Plant in Martinez via the former Shell pipeline. This pipeline runs adjacent to the northwest corner the site. The secondary option would include an on-site or nearby wastewater reclamation plant to be operated by the District. The plant, which would be designed and built to District standards, would pump wastewater from the District's existing 27-inch diameter Lamorinda interceptor located in St. Mary's Road. Mr. Leavitt stated that staff has reviewed the project EIR and intends to offer the following comments. . Sewer service impacts are acceptable. . There is no guarantee on availability of recycled water from the former Shell pipeline. . Institutional and financial constraints may delay availability of recycled water from either source. . The use of recycled water, when available, should be encouraged, but should not be mandatory. In the discussion that followed, Member Clausen stated that in the District's comments it should be made clear that the District has not agreed to own or operate any independent recycled water facilities. Further discussion followed with regard to pipe capacity, and cost issues relating to production of recycled water at the Treatment Plant in Martinez and at an on-site plant in Moraga. Board Members endorsed and supported the concept of recycled water use. It was the consensus of the Board that the following be added to the comments on the EIR submitted by staff: . That, without further information, the District is in no position to make a commitment with regard to District operation of a separate recycled water production facility; however, the District is willing to 08 04 94 154 continue working with the applicant and supports the concept of recycled water use. Mr. Merle Gilliland, Vice President of Planning for Richland Development, the project proponent, reviewed the history and background on the proposed project. Mr. Gilliland stated that the developer feels that it is necessary to look for a dependable source of water given the fact that heavy irrigators, such as golf courses, are typically the first to be cut back in drought situations. Richland Development has and will continue to work with East Bay Municipal Utility District (EBMUD). Mr. Gilliland stated that the developer realizes that the Shell Pipeline Project is some time away and may not happen. The developer has talked to the Town of Moraga and will use potable water until recycled water is available. However, long-range planning to include recycled water should be done whenever possible. Mr. Gilliland stated that the developer realizes that the District cannot make a commitment at this time, but would appreciate the continued cooperation of the District in this regard. Mr. Clyde Vaughn, Chairman of the Moraga Del Rey Homeowners' Association in Orinda, addressed the Board, stating that this proposed project has some similarity to the Gateway Project in Orinda. Mr. Vaughn stated that he attended the Regional Water Quality Control Board meeting when the recycled water plans for the Gateway Project were discussed. At that meeting, when asked who would operate the proposed recycled water facility, the President of the Regional Board, with no dissent from other Board Members, stated that the City of Orinda or Central Contra Costa Sanitary District could operate such a facility, but a private operator could not. The Board thanked Messrs. Gilliland and Vaughn for their comments and reiterated the Board's support for use of recycled water. Mr. Kenton L. Aim, Counsel for the District, stated that in the District's comments, the phraseology should deal with water purveyorship in the domain of EBMUD and not EBMUD's purveyorship of recycled water. At this time, President Rainey reverted to the order of the agenda. 5. PERSONNEL APPROVE AND AUTHORIZE EXECUTION OF EMPLOYMENT CONTRACT FOR THE SECRETARY OF THE DISTRICT a. It was moved by Member Clausen and seconded by Member Menesini, that the Employment Contract for the Secretary of the District be approved effective July 1, 1994. There being no objection, the motion was unanimously approved. Ms. Joyce E. Murphy, Secretary of the District, thanked the Board for their consideration. 6. APPROVAL OF MINUTES a. MINUTES OF JULY 21. 1994 It was moved by Member Clausen and seconded by Member Dalton, that the minutes of July 21, 1994, be approved as presented. There being no objection, the motion was unanimously approved. 7. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED AUGUST 4. 1994 Member Menesini, Chair of the Budget and Finance Committee, stated that he and Member Dalton reviewed the expenditures and found them to be satisfactory. 08 04 94 155 Following discussion of the significance of the Bay Area Dischargers Association and the role that Plant Operations Department Manager Charles W. Batts plays in that organization, it was moved by Member Menesini and seconded by Member Dalton, that the Expenditure List dated August 4, 1994, including Self-Insurance Check Nos. 100869- 100872, Running Expense Check Nos. 83646-83861, Sewer Construction Check Nos. 14484-14533, and Payroll Check Nos. 35687-35996, be approved as recommended. There being no objection, the motion was unanimously approved. 8. BUDGET AND FINANCE RECEIVE FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED JUNE 30, 1994 a. Ms. Deborah Ratcliff, Controller, provided an overview of the preliminary financial results for 1 993-1 994, stating that a more detailed report will be made when the audited financial statements are submitted to the Board in October 1994. Ms. Ratcliff provided a brief report of operations and maintenance revenues, expenses, and reserves for the fiscal year ended June 30, 1994. Actual revenues of $31,795,000 were $1,007,000 greater than budget, representing a 3.3 percent favorable variance. Actual expenditures of $25,510,000 were $1,945,000 less than budget, representing a 7.1 percent favorable variance. As a result, reserves increased to a balance of $5,477,000 at June 30, 1994. Mr. Dolan, General Manager-Chief Engineer, noted that these savings in a flat budget year are the result of diligent efforts on the part of the District's employees. Self-Insurance Fund actual revenues of $464,600 were $84,600 greater than budget, representing a 22.3 percent favorable variance. Actual expenditures of $1,016,500 exceeded budget by $696,500, representing a 217.7 percent unfavorable variance. The Self-Insurance Fund reserve at June 30, 1994 is $5,102,200. Ms. Ratcliff reported that the District's temporary investments were held in Treasury bills and Treasury notes and the District's Local Agency Investment Fund (LAIF) account, with interest rates ranging from 3.1 percent to 5.59 percent. The latest interest rate as of May 1994 was 5.1 percent. The average yield for the LAIF account through May 1994 was 4.4 percent. Ms. Ratcliff stated that the average yield on the District's investments for the entire year was 4.687 percent. The District did quite well compared to the Treasury bill performance standard which was 4.3 percent. Discussion followed concerning other agency fees and collection of the ad valorem tax revenue. Mr. Jarred Miyamoto-Mills provided the year-end Capital Improvement Program status report. Mr. Miyamoto-Mills compared projected to actual expenditures, noting that capital expenditures are particularly difficult to project because they are largely in the control of contractors. Ms. Miyamoto-Mills reported that actual expenditures of $40 million were $3.5 million less than budget, representing an 8.0 percent favorable variance. Mr. Miyamoto-Mills provided detail on the eight projects that account for 75 percent of the expenditures for the entire fiscal year. Those projects were: . . . . . . . . Headworks Facilities Improvements Project Secondary Clarifier Improvements Project Cogeneration Project Standby Power Facility Project 1680/SR24 Relocation Phase 3 Project Pleasant Hill Interceptor Project Clyde/Fairview/Maltby Pumping Station Improvements Project CSO Sewer Renovation No Dig Upsizing Project Mr. Miyamoto-Mills reported that actual revenues of $22.5 million were $4.3 million less than budget, representing a 15.9 percent unfavorable variance. The Sewer Construction Fund balance at June 30, 1994 is $44,775,000. 08 04 94 156 President Rainey thanked Ms. Ratcliff and Mr. Miyamoto-Mills for their reports and declared that the Financial Statements for the fiscal year ended June 30, 1994 were duly received. None a. 08 9. EMERGENCY SITUATIONS REQUIRING BOARD ACTIONS 10. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) The update on Palos Colorados Development water reclamation was taken out of order earlier in the agenda. 2) Mr. Dolan, General Manager-Chief Engineer, stated that consistent with the Board's interest in cooperating with other public agencies in the performance of necessary public services, staff has been working with Contra Costa County and other sanitation agencies in the County to see if a cooperative, cost-effective Stormwater Discharge Program could be developed. Mr. Dolan introduced Mr. Robert A. Baker, Deputy Chief Engineer, who reported that the new Clean Water Act gave cities responsibility for removing pollutants from stormwater. The County is developing an organization, including the cities, to manage the program and has started by mapping the storm drains. Parcel taxes have been enacted to provide funding for the program. Keeping pollutants out of the storm drains is one element of the County Stormwater Discharge Program. With regard to staffing, one alternative considered by the County was to use the County hazardous materials staff. Another alternative was to have sanitation agencies staff the effort. Central Contra Costa Sanitary District joined with Delta Diablo Sanitation District and West County Wastewater District to put together a proposal to combine pretreatment and stormwater inspection programs. Benefits of the combined programs include: . Avoiding addition of another layer of inspection for Contra Costa County businesses. . Many businesses likely to be a concern with illicit discharge are already inspected by sanitary districts. . Pretreatment programs are expanding to inspect smaller commercial businesses which are of concern with regard to storm water pollution. After considering the alternatives, the County has decided to pursue the sanitation agencies' proposal and work is proceeding on development of principles of agreement for the combined program. Mr. Baker summarized the draft principles of agreement and stated that the draft principles of agreement will be brought to the Board for consideration in the near future. Discussion followed with regard to County permit fees and the public education component of the program. The fee and public education elements of the program were discussed and will preferably be the responsibility of the County. The District proposes to be involved only in the inspection and enforcement areas. 3) Mr. Dolan, General Manager-Chief Engineer, announced that negotiations are proceeding with Waste Management on alternative waste collection/disposal options. A letter was just received from Garaventa Enterprises offering another option. In addition, Richmond Sanitary Service and Keller Canyon Landfill may have an interest in providing figures. 04 94 4) b. c. d. 157 Mr. Dolan announced that the seven-day pump test on the new Headworks has been completed and extended to a ten-day test. Electronics and machinery worked well. The next pump will be tested later in the month of August. A tour of the Headworks Facility Improvements Project has been scheduled after the August 18, 1994 Board Meeting. 5) Mr. Dolan distributed the new District tour brochure. The Board complimented staff on the attractive and informative brochure. 6) Mr. Dolan announced that Deputy Chief Engineer Robert A. Baker has just completed the first year of a two-year term as Chair of Tri- T AC, the State Water Resources Control Board advisory committee. As an outgrowth of this statewide position, Mr. Baker has become the negotiator between the dischargers and the regulators on development of new statewide Water Quality Plans. 7) Mr. Dolan stated that his recent trip to the Association of Metropolitan Sewerage Agencies summer technical conference was very informative. The Environmental Protection Agency (EPA) presented their approach to permit negotiations, water quality standards setting with a concentration on metal toxicity, and whole effluent toxicity. While there is a lot of rhetoric around "watershed planning" and holistic regulation and enforcement, the agricultural lobby and costs, politics and time requirements of watershed management are beginning to cause second thoughts. As an interim position, the dischargers are supporting "site specific standards" which would provide for local specificity depending on local water quality needs. 8) Mr. Dolan announced that he will be on vacation and unable to attend the September 1, 1994 Board Meeting. Deputy Chief Engineer Robert Baker will stand in for him. COUNSEL FOR THE DISTRICT None SECRETARY OF THE DISTRICT 1 ) Ms. Joyce E. Murphy, Secretary of the District, distributed copies of the recently amended Ralph M. Brown Act, open meeting law. BOARD MEMBERS 1 ) Member Menesini, Chair of the Budget and Finance Committee, reported that he and Member Dalton met with staff on July 26, 1994 to consider the District's portfolio management strategies and the capital financing program. Member Menesini presented the recommendation of the Budget and Finance Committee that the current portfolio management approach be continued rather than bringing in an investment advisor at this time, and that the first priority of District staff over the next six to 12 months should be to manage short-term and long-term debt issuance. A staff presentation was made on the District's proposed capital financing program including both short-term and long-term debt issuance. The Budget and Finance Committee endorsed the staff proposal to issue short-term Capital Revenue Anticipation Notes or pursue commercial borrowing in September 1994 and tentatively to issue long-term Revenue Bonds or Certificates of Participation in the January-February 1995 timeframe. Mr. Jarred Miyamoto-Mills, Principal Engineer, discussed the capital financing program for the coming fiscal year, focusing on the cash needs of the District to meet large projected expenditures, and the plan and schedule for short-term and long-term debt issuance. 08 04 94 158 4) None 2) Member Clausen reported on the July 28, 1994 Central Contra Costa Solid Waste Authority meeting at which the draft Request for Proposals for Solid Waste Services was reviewed in detail. 3) President Rainey reported that she and General Manager-Chief Engineer Roger Dolan, met with Contra Costa County Supervisor Jeff Smith with regard to County solid waste collection franchising in the unincorporated areas of the County. A copy of Supervisor Smith's memorandum on the subject was included in the Board agenda packet. Supervisors Smith and Bishop, with Supervisor DeSaulnier as an alternative, have been appointed to a subcommittee to meet with Central County representatives on this matter. President Rainey requested that District staff follow up with regard to the schedule for the meeting. Mr. Kenton L. Aim, Counsel for the District, suggested that East and West County representatives be included as well. It was agreed that input be requested from the other franchisers in East and West County on the draft Memorandum of Understanding (MOU) for Franchising in the Unincorporated Areas prior to its submission to the County; and that the other franchisers be included in the meetings with the County as appropriate. President Rainey reported that the Local Agency Formation Commission (LAFCO) meeting at which the special district representatives will be seated is next week. 11. ANNOUNCEMENTS 12. ADJOURNMENT There being no further business to come before the Board, President Rainey adjourned the meeting at the hour of 5: 18 p.m. President of the Board of Direct Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: S c et ry of the Central C tra COsta Sanitary District, County of Contra Costa, State of California 08 04 94