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HomeMy WebLinkAboutBOARD MINUTES 08-18-94 159 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON AUGUST 18, 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 3:05 p.m. on August 18, 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 a. 3. AWARDS AND COMMENDATIONS CONGRATULATE MR. ROBERT A. BAKER. DEPUTY CHIEF ENGINEER, UPON RECEIVING THE CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASAl OUTSTANDING SERVICE AWARD FOR 1993-1994 Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that Mr. Robert A. Baker, Deputy Chief Engineer, has been very active with activities for Tri- T AC, the advisory committee to the State Water Resources Control Board (SWRCB). In addition, Mr. Baker has recently taken on the task of leading development of a report to the California Environmental Protection Agency (EPA) with a number of suggestions on improving the regulatory climate in California while still protecting the environment. Furthermore, Mr. Baker has been active with CASA dischargers in negotiating with the SWRCB and the EPA on developing replacement plans for the Water Quality Control Plans for Inland Surface Waters and Enclosed Bays and Estuaries that were invalidated by a court decision. Progress is also being made in that area. On behalf of the Board, President Rainey congratulated Mr. Baker on receiving the CASA Outstanding Service Award for 1993-1994 and commended him for his efforts, stating that not only do CASA and the other dischargers benefit from those efforts, but the District does as well. 4. CONSENT CALENDAR It was moved by Member Hockett 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 Deed from Contra Costa County Flood Control and Water Conservation District for a sewer easement through Creekwood Place, Lafayette, DP 4785, was accepted, staff was authorized to record said Deed with the Contra Costa County Recorder, and Resolution No. 94- 059 was adopted to that effect. Motion was unanimously approved on the following vote: AYES: Members: Hockett, Dalton, Menesini, Clausen, Rainey NOES: Members: None ABSENT: Members: None 08 18 94 160 b. Authorization was given for P.A. 94-7 (Alamo) and P.A. 94-8 (Lafayette) to be included in a future formal annexation to the District. Motion was unanimously approved on the following vote: AYES: Members: Hockett, Dalton, Menesini, Clausen, Rainey NOES: Members: None ABSENT: Members: None c. The Quitclaim Deed to AAAAA Rent-A-Space Moraga, Ltd., for sewer easements, Job Nos. 1933 and 3807, was approved, the President of the District Board of Directors and the Secretary of the District were authorized to execute and record said Quitclaim Deed, and Resolution No. 94-060 was adopted to that effect. Motion was unanimously approved on the following vote: AYES: Members: Hockett, Dalton, Menesini, Clausen, Rainey NOES: Members: None ABSENT: Members: None d. A public notice was authorized, advising that documentation used in the determination of the appropriations limit shall be available fifteen days prior to the Board Meeting to be held on September 15, 1994, at which the appropriations limit for the Sewer Construction Fund for the fiscal year 1994-1995 will be established. Motion was unanimously approved on the following vote: AYES: Members: Hockett, Dalton, Menesini, Clausen, Rainey NOES: Members: None ABSENT: Members: None 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 6. ENGINEERING a. SET A DATE FOR A JOINT BOARD MEETING WITH THE CONTRA COSTA WATER DISTRICT TO APPROVE THE GENERAL AGREEMENT FOR RECYCLED WATER Mr. Dolan, General Manager-Chief Engineer, stated that Ms. Lynne Putnam, Senior Engineer, attended the Contra Costa Water District Board Meeting on August 17, 1994, at which this matter was discussed. From reports about the CCWD Board Meeting, their Board feels favorably enough towards the draft General Agreement for Recycled Water that they believe that staff could work out any complications that remain and bring the agreement to a joint signing meeting rather than a joint Board Meeting. Mr. Dolan stated that if the Board has any comments, recognizing that there are still some unresolved details, staff would be pleased to respond. Discussion followed with regard to the NaX (Sodium Ion Exchange) Plant; Public Utilities Code Section 1501 et seq. (the duplication of services law); factors, including statutory changes that may impact purveyorship of recycled water; the process for resolution of disputes; termination of the General Agreement; and determination of financial issues during formulation of the business plan. 08 18 94 ---------------.. -- .-.-....--.--------------.-------------. -.--.--------.---.--...-.-.-.--.--. 161 With regard to the reference to Public Utilities Code Section 1501 et seq. on page 3 of the draft agreement, Mr. Art Jensen, of Contra Costa Water District (CCWD), stated that by this section CCWD intends to remove any cloud resulting from past activities and to ensure that there will be no future lawsuits relating to purveyorship. At a CCWD Board Meeting in October 1993, the CCWD Board of Directors directed their staff to step aside if CCCSD wished to proceed with a recycled water project. Mr. Dolan stated that the draft agreement provides for CCWD/CCCSD cooperative projects or individual projects by either agency. Mr. Dolan stated that it is understood that in the event of a joint project, the project will be economically feasible only if neither agency loads up the project with unnecessary expenses. Mr. Jensen stated that no action can be taken that would foreclose the options of a future Board; however, the CCWD Board has never expressed an interest in creating an additional charge for customers taking recycled water. Customers can maintain their existing potable water supply by paying the monthly meter charge. If recycled water customers are not potable water customers, they would pay the then existing charges for new customers should they wish to receive potable water service. Mr. Jensen stated that he had not thought in terms of a "standby charge." The purpose of the general agreement is to provide the mechanism, terms, and conditions so that through project- specific agreements the issue of taking would not arise. Member Menesini discussed the need to consider production, delivery/purveyorship, customers, monitoring and assessment, and public understanding and acceptance when looking at reclaimed water projects. Member Menesini stated that he believes the first four areas have been addressed, but suggested that some emphasis be placed on informing the public of this tremendous step towards meeting a grave public need. Member Hockett stressed the need to ensure that recycled water customers are not negatively impacted should they want or need to go back to use of potable water. Mr. Jensen stated that recycled water customers who wish to reinstate potable water would be on an equal basis with other new users. He also stated that he anticipated that CCWD could provide water as necessary and therefore there should be no problem with reinstatement of potable water service. There being no further comments, Mr. Dolan summarized the direction of the Board as follows: . On page 3 of the draft agreement, the language relating to Public Utilities Code Section 1501 et seq. will be clarified to ensure that the reclaimed water projects built under this agreement will not be subject to a service duplication charge. . On page 3, item h. of the draft agreement, the word "statutory" will be inserted in the third line following the word "legal." . On page 1 5 of the draft agreement, reference to the Judicial Arbitration and Mediation Service (JAMS) will be deleted and replaced by a generic dispute resolution process or some flexibility in options and the procedure for selecting an arbitrator. . On page 1 5 of the draft agreement dealing with termination, new language will be inserted providing for terminating the agreement if changes occur which make the agreement adverse to one of the parties. Mr. Dolan indicated that the staff would revise the draft General Agreement for Recycled Water according to the changes listed above and suggested that a signing meeting be scheduled. Following discussion, a joint signing ceremony was tentatively scheduled for September 15, 1994. This will be confirmed through the Secretaries of the Districts. Mr. Dolan thanked Mr. Jensen and Ms. Putnam for their very positive efforts and those of their teams in coordinating the formulation of this draft general agreement. 08 18 94 --.-...-..... ... _.... ....-. -_.._-- ..--.-.----.----------.----..--..-.-------- 162 President Rainey expressed appreciation for the positive attitude of the CCWD Board and the hope that the Districts will move forward expeditiously. b. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AGREEMENTS WITH G.S. DODSON AND ASSOCIATES. INC. FOR CIVIL AND MECHANICAL DESIGN ASSISTANCE AND WITH MONTGOMERY WATSON FOR ELECTRICAL AND INSTRUMENTATION DESIGN ASSISTANCE ON THE OUTFALL IMPROVEMENTS PROJECT. DP 7134 Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Clausen and seconded by Member Menesini, that the General Manager-Chief Engineer be authorized to execute a professional services agreement with a cost ceiling of $124,000 with G.S. Dodson and Associates, Inc. for civil and mechanical design assistance on the Outfall Improvements Project, DP 7134; and that the General Manager- Chief Engineer be authorized to execute a professional services agreement with a cost ceiling of $115,500 with Montgomery Watson for electrical and instrumentation design assistance on the Outfall Improvements Project, DP 7134. There being no objection, the motion was unanimously approved. 7. APPROVAL OF MINUTES a. MINUTES OF AUGUST 4. 1994 There being no corrections or additions, the minutes of August 4, 1994 were approved as presented. 8. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED AUGUST 18. 1994 Following discussion of the use and cataloging of photographs and the Prudential Insurance billing, it was moved by Member Menesini and seconded by Member Dalton, that the Expenditure List dated August 18, 1994, including Self-Insurance Check Nos. 100873-100874, Running Expense Check Nos. 83862-84088, and Sewer Construction Check Nos. 14534-14605, be approved as recommended. There being no objection, the motion was unanimously approved. 9. BUDGET AND FINANCE a. APPROVE THE ENGAGEMENT OF A FINANCIAL ADVISOR FOR THE 1 994-1 995 CAPITAL IMPROVEMENTS FINANCING PROGRAM AND AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT FOR THE FINANCIAL ADVISOR'S SERVICES Member Menesini, Chair of the Budget and Finance Committee, stated that two prospective financial advisors were interviewed by the Board Budget and Finance Committee after the initial screening of candidates and interview by staff. Both companies were well qualified. Based on experience and qualifications and lower cost, it is recommended that the firm of Stone and Youngberg be engaged as the financial advisor for the 1994-1995 Capital Improvements Financing Program. Controller Deborah Ratcliff indicated that she and Principal Engineer Jarred Miyamoto-Mills had conducted further negotiations pursuant to the endorsement of the Finance Committee. She indicated that contract costs could be lowered to $25,000 plus expenses associated with a visit to potential bond insurers or buyers, if needed. Following discussion, it was moved by Member Menesini and seconded by Member Dalton, that the engagement of Stone and Youngberg to serve as financial advisor for the 1994-1995 Capital Improvements Financing Program be approved, and that the General Manager-Chief Engineer be authorized to execute an agreement for the financial advisor's services at a cost not to exceed $45,000. There being no objection, the motion was unanimously approved. 08 18 94 None a. 163 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 11. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that in April 1994, a proposed development in Moraga, Subdivision 7174, was discussed with the Board in conjunction with the annexation of the development to the District. That development would have required an expensive pumping station. As the Board requested, staff has worked with the developer and the Town of Moraga, which owns the adjacent Rancho Laguna Park. to develop the most practical technical solution for the Town as well as the developer. Mr. Dolan introduced Mr. Jay S. McCoy, Infrastructure Division Manager, who described the proposed project, the surrounding properties, and the Town of Moraga's Rancho Laguna Park. Mr. McCoy stated that the five lots that cannot be served by gravity within the 1 5-lot development will be served by individual, private pumping stations. From each pumping station there will be a pressure pipe to the gravity sewer main. In discussions with the developer, concern arose with regard to possible leaks. A pressure pipe leak detection sleeve tied into a drain back manhole will be required to help detect possible leaks. Service to the Rancho Laguna Park will be provided in conjunction with this project. The developer will furnish the pump and the Town will install it. One private property to the east of the development is presently served with a private pumping station. The existing pressure pipe from this station will be relocated at the expense of the developer and tied into the proposed gravity sewer for Subdivision 7474. A future connection for one additional private property to the east will also be provided. Mr. McCoy stated that this item was brought back at the Board's request. At this time, the Town of Moraga, the developer, and the District are in agreement with the proposed approach for providing service. If the Board agrees, annexation of the property will be placed on the Consent Calendar on the September 1, 1994 Board agenda. The Board voiced no objection. President Rainey thanked staff, the developer, and the Town of Moraga for their cooperative efforts. 2) Mr. Dolan announced that as provided in the recently adopted Memorandum of Understanding (MOU) and side letter with the Management Group, a salary review has been requested for three positions. Those positions are Controller, Human Resources Manager, and Purchasing and Materials Manager. The Secretary of the District and the District's Labor Counsel are working to identify independent consultants who might be asked to propose to perform this assignment. A meeting will be set up with the Board Personnel Committee to oversee the effort. 3) Mr. Dolan announced that AB 3282, District's force account legislation, is encountering difficulty as it approaches the floor of the Senate both from the construction trade unions and contractors. Mr. Dolan stated that he is very disappointed with the intensity of the opposition since the bill will have absolutely no impact on these groups either now or in the future, as it provides for a demonstration project and will not be precedent setting. In the discussion that followed, it was suggested that the Democratic and Republican Caucuses be approached for their support. Mr. Dolan indicated that he would seek the advice of CASA Executive Director and Lobbyist Mike Dillon in that regard. 4) Mr. Dolan announced that the negotiating team for the Central Contra Costa Solid Waste Authority (CCCSWA) is making progress with negotiations on solid waste services with Valley Waste Management. In the near future CCCSWA may be in the position of considering an immediate agreement 08 94 18 164 b. c. d. None 08 5) 6) 7) with Valley Waste Management as an alternative to the more protracted process of soliciting proposals. Progress is being made in both those areas. Mr. Dolan stated that as President Rainey prepared for her presentation at the recent California Association of Sanitation Agencies Conference, she learned that there was some confusion at Contra Costa County as to the percentage of property tax which goes to the special districts. For the Board's information, Central San receives 1.9 percent of the tax collection within the boundaries of the District or approximately $5 million. Mr. Dolan announced that the District has been advised by Contra Costa County that last year there was a misallocatíon of redevelopment agency tax of approximately $78,000 which must be recovered. For the next two years, the District will receive about $39,000 less. Mr. Dolan announced that the District is advertising for bids for the Martinez Pumping Station Project. The estimated cost of construction is $4.2 million. COUNSEL FOR THE DISTRICT None SECRETARY OF THE DISTRICT None BOARD MEMBERS 1 ) 2) 3) The letters to the collectors and the cities/towns for which the District franchises concerning collection of the $.80 per ton AB 939 planning fee were discussed. Mr. Dolan noted that continued collection of the fee on behalf of the cities/towns is revenue neutral as far as the customers are concerned. Members Clausen and Hockett reported on the August 1994 California Association of Sanitation Agencies (CASA) meeting. Presentations at that meeting included a program on the future of special districts, consolidation issues, the Federal legislative agenda, and reinventing special districts through Total Quality Management and Work Redesign. It was noted that President Rainey's presentation on the future of special districts and Mr. Dolan's presentation on Work Redesign were excellent. President Rainey reported that the special district representatives on the Local Agency Formation Commission (LAFCO) were seated at the August 13, 1994 LAFCO meeting. A joint meeting between LAFCO and the Contra Costa Water District is being scheduled to discuss water issues. The rules and regulations approved by each independent special district are being reviewed, and additional rules and regulations are being formulated. President Rainey noted that LAFCO cannot consider any matter unless a property tax exchange agreement is in place. The Board of Supervisors is in control of that process and negotiates with themselves on behalf of special districts. 12. ANNOUNCEMENTS 18 94 165 13. ADJOURNMENT There being no further business to come before the Board, President Rainey adjourned the meeting at the hour of 5: 13 p.m. to a tour of the Headworks Facilities Improvements Project. ,,¡~'"" ~, 71/-1 LJi¡; ~~- President of the Board of Directors, .r Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: / ( ~ . L;..-L I.. sb e ary of the Central ontra Costa Sanitary District, County of Contra Costa, State of California 08 18 94