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HomeMy WebLinkAboutBOARD MINUTES 10-06-94 181 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON OCTOBER 6, 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 October 6, 1994. President Rainey called the meeting to order and requested that the Secretary call roll. Member Clausen had previously indicated that he would be unable to attend this meeting and had requested that he be excused. 1. ROLL CALL PRESENT: Members: Menesini, Dalton, Hockett, Rainey ABSENT: Members: Clausen 2. PUBLIC COMMENTS None 3. CONSENT CALENDAR Discussion followed concerning the cost for the easements from Contra Costa County, the disposition of abandoned sewer lines, encroachments within public sewer easements, and accounting procedures when accepting contract work on District projects. Following discussion, it was moved by Member Menesini and seconded by Member Dalton, that the Consent Calendar, consisting of Items a. through f., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 94-071 accepting grants of easements from Contra Costa County at a cost of $45,000; DP 4985; Parcel 005; Pacheco area was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Dalton, Hockett, Menesini, Rainey NOES: Members: None ABSENT: Members: Clausen b. Resolution No. 94-072 authorizing execution of quitclaim sewer easements to State of California in the Walnut Creek area; District Job 1552, Parcels 23 and 24, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Dalton, Hockett, Menesini, Rainey NOES: Members: None ABSENT: Members: Clausen c. Authorization was given for P .A. 94-10 (Diablo) to be included in a future formal annexation to the District. Motion approved on the following vote: 10 06 94 182 AYES: Members: Dalton, Hockett, Menesini, Rainey NOES: Members: None ABSENT: Members: Clausen d. Agreement relating to real property with Stephen H. Schadlich and Julie C. Schadlich, Job 1585, Orinda 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. 94-073 was adopted to that effect. Motion approved on the following vote: AYES: Members: Dalton, Hockett, Menesini, Rainey NOES: Members: None ABSENT: Members: Clausen e. The contract work for the Preaeration Odor Control Project, District Project 20108, was accepted, and the filing of the Notice of Completion was authorized. Motion approved on the following vote: AYES: Members: Dalton, Hockett, Menesini, Rainey NOES: Members: None ABSENT: Members: Clausen 1. Notification of the Management Support/Confidential Group officers elected to serve during 1994-1995 was received. 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item 7.a. Authorize Board President Susan McNulty Rainey to execute the General Agreement with the Contra Costa Water District for Recycled Water was taken out of order to accommodate interested persons in the audience. a. 7. ENGINEERING AUTHORIZE BOARD PRESIDENT SUSAN McNULTY RAINEY TO EXECUTE THE GENERAL AGREEMENT WITH THE CONTRA COSTA WATER DISTRICT FOR RECYCLED WATER Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that with direction from their Boards, District staff and Contra Costa Water District staff have negotiated a General Agreement for Recycled Water. The purpose of the General Agreement is to describe a mutually beneficial business relationship between the two Districts wherein specific recycled water projects may be pursued jointly or individually subject to future project specific agreements. The Contra Costa Water District Board of Directors approved this General Agreement at its Board meeting yesterday, October 5, 1994. This agreement is good for the citizens of Contra Costa County, for the mutual agencies, and for the environment. Board authorization of the General Agreement is required. Following discussion, it was moved by Member Dalton and seconded by Member Hockett, that the Board President Susan McNulty Rainey be authorized to execute the General Agreement with Contra Costa Water District for Recycled Water. There being no objection, the motion was approved on the following vote: 10 06 94 183 AYES: Members: Dalton, Hockett, Menesini, Rainey NOES: Members: None ABSENT: Members: Clausen President Rainey complimented District staff and Contra Costa Water District staff on this agreement, stating that completion of this General Agreement demonstrates that public agencies can work together for the benefit of the public and the environment. 5. BIDS AND AWARDS a. REJECT PROTEST OF AMERICAN CONSTRUCTION & SUPPLY. INCH AUTHORIZE AWARD OF CONTRACT TO BALLARD CONSTRUCTION. INC. FOR CATHODIC PROTECTION IMPROVEMENT PROJECT NO. 6103. AUTHORIZE GENERAL MANAGER-CHIEF ENGINEER TO ALLOCATE $120.000 FROM TREATMENT PLANT CONTINGENCY ACCOUNT Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that although the protest by American Construction & Supply, Inc. has been informally withdrawn, the Board is still being asked to reject the protest and award the bid to Ballard Construction, Inc. Member Menesini asked about the District's California Environmental Quality Act (CEQA) Guidelines that are used to review projects. Mr. Kenton L. Aim, District Counsel, responded that the District's guidelines are the State guidelines. Mr. Dolan stated that he will ask Mr. Russell Leavitt, Planning Assistant, to contact Member Menesini to go over the CEQA procedures with him. It was moved by Member Menesini and seconded by Member Dalton, that the protest of American Construction & Supply, Inc. be rejected, award of the contract be authorized to Ballard Construction, Inc., the lowest responsible bidder, in the amount of $98,000 for the Cathodic Protection Improvement Project, District Project No. 6103, and the General Manager-Chief Engineer be authorized to allocate $120,000 from the Treatment Plant Contingency Account for the project. There being no objection, the motion was approved with Member Clausen being absent. 6. ADMINISTRATIVE a. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO ENTER INTO AN ADDENDUM TO AGREEMENT WITH LAMB & LAMB FOR $47.000 FOR THE CONTINUATION OF THE DISTRICT'S WORK REDESIGN PROGRAM Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that this addendum to the agreement with Lamb & lamb is for the continuation of support for the District's Work Redesign Program. It includes two additional strategic initiatives with associated process redesign teams facilitated by the Lambs, continued work on culturaOI change, completion of the present strategic initiative on safety, and continuing support of the newly trained facilitators. Use of the District's in-house facilitators is the key to reducing the long-term use of outside services consultants while continuing the Work Redesign process. If was moved by Member Hockett and seconded by Member Dalton, that the General Manager-Chief Engineer be authorized to enter into an addendum to the agreement with Lamb & Lamb in the amount of $47,000 for the continuation of support for the District's Work Redesign Program. There being no objection, the motion was approved on the following vote: AYES: Members: Dalton, Hockett, Menesini, Rainey NOES: Members: None ABSENT: Members: Clausen 10 06 94 184 7. ENGINEERING a. AUTHORIZE BOARD PRESIDENT SUSAN McNULTY RAINEY TO EXECUTE THE GENERAL AGREEMENT WITH THE CONTRA COSTA WATER DISTRICT FOR RECYCLED WATER This item was taken out of order earlier in the agenda. 8. LEGAL/LITIGATION a. RENEW CONTRACT FOR LEGAL SERVICES WITH KENTON L. ALM AND SELLAR. HAZARD. SNYDER. KELLY & FITZGERALD FOR THE PERIOD FROM JULY 1. 1994. THROUGH JUNE 30. 1997 AND AUTHORIZE THE BOARD PRESIDENT TO EXECUTE THE CONTRACT At this time, Mr. Kenton L. Aim, Counsel for the District, moved to the audience since this is a matter in which he has a financial interest. Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that the District has been obtaining the general legal services and Counsel for the District services of Kenton L. Aim and Sellar, Hazard, Snyder, Kelly & Fitzgerald since 1985 by a contracted arrangement which was approved by the District Board of Directors. The latest contract had a term from July 1, 1991 through June 30, 1994, and the staff is recommending that it be renewed for another three-year period from July 1, 1994 through June 30, 1997. Mr. Aim has proven his skills, ability, and caring concern for the public and the District. Mr. Dolan recommended that the contract be approved and stated that the prices are fair and representative of fees that are charged to public agencies. Member Menesini asked that having legal counsel and a legal department on staff at the District be looked into in order to try to reduce legal costs and help with the daily legal questions that arise. Discussion followed regarding the benefits of staff counsel and the benefits of counsel by a contracted arrangement. Member Hockett stated that as Chair of the Personnel Committee she does not feel that the Board at this time has the information that is necessary to discuss this. In response to direction from President Rainey, Mr. Dolan stated that he will put this item on the October 12, 1994, Personnel Committee meeting agenda for discussion. It was moved by Member Menesini and seconded by Member Dalton, that a renewal of the contract for District legal services and Counsel for the District services by Kenton L. Aim and Sellar, Hazard, Snyder, Kelly & Fitzgerald Law Firm for the period form July 1, 1994, through June 30, 1997 be approved and the Board President be authorized to execute the contract. There being no objection, the motion was approved on the following vote: AYES: Members: Dalton, Hockett, Menesini, Rainey NOES: Members: None ABSENT: Members: Clausen a. 9. CORRESPONDENCE NOTE RECEIPT OF LETTER DATED SEPTEMBER 16. 1994. FROM THE WALNUT CREEK SCHOOL DISTRICT CITING A RESOLUTION THAT RECOGNIZES THE DISTRICT'S ON-SITE STUDENT EDUCATION PROGRAM AND THE CENTRAL CONTRA COSTA SANITARY DISTRICT EMPLOYEES THAT MAKE IT HAPPEN BY EDUCATING 8TH GRADE STUDENTS ABOUT BIOASSAY. CHEMISTRY. COMPUTER-AIDED DRAFTING. COMPUTER GRAPHICS. MICROBIOLOGY. AND SOURCE CONTROL Receipt was noted of the letter dated September 16, 1994, from the Walnut Creek School District citing a resolution that recognizes the District's on-site student education program and the Central Contra Costa Sanitary District employees that make it happen by 10 06 94 185 educating 8th grade students about bioassay, chemistry, computer-aided drafting, computer graphics, microbiology, and source control. Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that he has distributed the thoughtful letter to employees that have contributed so much to the on-site student education program. Member Menesini expressed his hope that staff would also be working on the high school education program. Mr. Dolan confirmed that they were. 10. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED OCTOBER 6. 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 October 6, 1994, including Self-Insurance Check Nos. 100885-100890, Running Expense Check Nos. 84626-85035, Sewer Construction Fund Check Nos. 14738-14844, and Payroll Check Nos. 36295-36583, be approved as recommended. There being no objection, the motion was approved. 11. BUDGET AND FINANCE RECEIVE AUGUST 1994 FINANCIAL STATEMENTS a. Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance for the month of August 1994, noting that expenditures were $126,000 less than budget representing a 5.5 percent favorable variance. Year to date, expenditures were $430,000 less than budget, representing a 9.2 percent favorable variance. There was a 15.9 percent favorable variance in year to date operations and maintenance revenues because of the higher income from the City of Concord. 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 3.28 percent to 5.6 percent. The latest interest rate was 5.2 percent. The average yield for the LAIF account was 4.8 percent. Report on the Sewer Construction Fund was held over to the October 20, 1994 Board meeting. President Rainey declared that the August 1994 Financial Statements were duly received. 12. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 13. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that a few years ago Central San developed a Household Hazardous Waste Program in response to our responsibilities under AB 939 and National Pollutant Discharge Elimination System (NPDES) regulations. At that time the County also developed a plan for disposing of household hazardous waste. The AB 939 group decided to go with the County's proposal. The central county cities are now rethinking the household hazardous waste program and would like to have Central San back in the picture. Before this concept gets too thoroughly developed it is essential that the Board be informed and provide some degree of preliminary direction and consent. Mr. Dolan introduced Mr. Paul Morsen, Deputy General Manager who gave an overview of the situation. 10 06 94 186 2) 10 06 Mr. Morsen stated that household hazardous waste is an environmental problem that needs to be solved. It needs to be as affordable and convenient as possible to dispose of this waste. Central San's plan originally included combining mobile collection with a stationary HUB and include a program for small businesses. The County chose to do appointment only mobile collection using a private company which is an expensive program. Ms. Elaine Jacobs, Assistant Engineer, has been working with the AB 939 group. They do not feel that the County program is working well enough. They would like to see a program including a stationary HUB like the original Central San plan. The County could continue its program and also have Central San run a consolidation and drop off center and a program for small business. The AB 939 group and the public members are in agreement on this. In the next 60 days Central San will probably be asked to do this program. Mr. Morsen pointed out that Central San is interested in the control of household hazardous wasteforthreereasons: keeping household hazardous waste out of storm drains and creeks; preventing discharge to the sewer system to protect our process and effluent quality; and, keeping it out of landfills to stay in compliance with AB 939. Discussion followed regarding the funding of this program. Mr. Dolan stated that any net expense of this program would be funded from the sewer service charge. The sewer service charge would have to go up to pay for this. Mr. Morsen stated that half of the household hazardous waste collected is recyclable. The other half is not. Mr. Dolan stated that if this program is initiated, Central San's Engineering Department would most likely manage it. The Plant Operations Department would also be involved in the operation. It would probably be handled like other District projects. President Rainey and the rest of the Board indicated support for the District staff to continue to work with other Central County agencies to develop a household hazardous waste program in which the District would own and operate a HUB drop-off/storage and consolidation center. Mr. Dolan gave an update on the status of long and short term disposal options being considered by the Central Contra Costa Solid Waste Authority (CCCSWA) and requested that the Board, consider delegating the authority to the General Manager-Chief Engineer to take action as appropriate to implement or remove obstacles to implementation of the option selected by the CCCSWA Board at the October 13, 1994 CCCSWA meeting. Mr. Dolan gave the Board a general review of the status of the proposals. At the October 13, 1994 meeting the CCCSWA Board will be considering a series of alternatives, one long term (9-year) option and as many as three short term (16-month) options. Mr. Dolan stated that one of the County Supervisors, Supervisor Jeff Smith, has talked to the CCCSWA and indicated that he would like to have the County join the CCCSWA as soon as possible. The Board of Supervisors has considered taking this action but deferred final action. The County's joining the CCCSWA is on the CCCSWA'S agenda for the October 13, 1994 meeting. The County has asked the CCCSWA not to enter into any long term agreements for solid waste in the unincorporated area for the time being. In the interest of accommodating the County's wish, the CCCSWA should consider the short term option. Mr. Dolan stated that since the beginning of 1994 the Central Contra Costa Solid Waste Authority has been working on a process of soliciting proposals from garbage companies interested in providing franchise garbage service after the current franchise expires in 1996. The draft Request for Proposal (RFP) is nearing completion. Using the RFP process alone, rate relief could not be obtained until 1996. Frustration with the Acme/Browning-Ferris Industries (BFI) rates led the CCCSWA to authorize their staff to begin a parallel effort to negotiate a long term contract and thereby obtain immediate rate relief. As a result, staff and Valley Waste Management have 94 3) 4) 5) 6) 7) 187 been negotiating in good faith and have virtually completed their negotiations under a confidentiality agreement which includes the understanding that the long term franchise proposal would not be made public unless it was being recommended for approval by the staff. As the CCCSW A approached closure of the long term option, Acme/BFI presented a competing short term option to cut disposal rates. Soon thereafter, Richmond Sanitary Service/Garaventa made an offer and Valley Waste Management also put a short term proposal on the table. All of these proposals offer similar short term disposal relief. Also, they offer rate relief of a similar magnitude as the long term proposal. On October 13, 1994 the CCCSWA will consider first whether to select a short or long term option. CCCSWA staff recommendation will be for a short term disposal option coupled with completion of the RFP process. If the Board agrees, the various short term proposals will then be discussed. If the Central Contra Costa Sanitary District Board does not object, the waste stream could flow to the selected disposal on October 14, 1994. If the Board feels that they would like to wait to authorize proceeding with this until it is certain which option will be chosen, waste could be taken to the chosen site after the October 20, 1994, Central Contra Costa Sanitary District Board meeting. It was the consensus of the Board that Roger J. Dolan, General Manager- Chief Engineer is authorized to take action if appropriate to implement or remove obstacles to the implementation of the option that is chosen by the CCCSWA to lower the cost to the customers as soon as possible. If there are complications, he will hold this over to the October 20, 1994, Board meeting to discuss with the Board. Mr. Dolan reported the recent passing of former General Manager-Chief Engineer Gerry Horstkotte. A sympathy letter will be sent to his wife, Mrs. Jane Horstkotte, from the President of the Board and today's meeting will be adjourned in his memory. A draft of this letter is in the Board packet. Member Dalton, along with other Central San employees, attended the memorial service which was held last Saturday. Mr. Dolan reported that the Governor has signed AB 1893 which puts limits on the District providing benefits to retired Board members. Mr. Dolan reported that there have been several complaints of odors in the vicinity of the plant. Staff believes that not all odors are related to the plant. The plant has had some operational complications due to construction activity, and staff is aware that two of the odor events appear to be related to the plant. Serious odors have been detected in the neighborhood which were not related to the CCCSD plant. IT, Acme, and other refineries are possible sources. Mr. Dolan announced that the District is advertising for the Irrigation System Improvements Project. The engineer's estimate for the project is $25,000. Mr. Dolan announced that the District is advertising for the Ultraviolet Disinfection Facilities Project. The engineer's estimate for the project is $11,000,000. b. COUNSEL FOR THE DISTRICT None c. SECRETARY OF THE DISTRICT None 10 06 94 188 d. BOARD MEMBERS 1 ) President Rainey announced that LAFCO will be meeting next week. 14. ANNOUNCEMENTS President Rainey announced that the Contra Costa Special Districts Association will be having a dinner meeting on Tuesday, October 25, 1994 at 5:30 p.m., at the Pleasant Hill Recreation Center. President Rainey announced that the Contra Costa Council will be meeting to discuss the Economic Development Study on Thursday, October 20, 1994. President Rainey reported that she was interviewed by Local 1. Local 1 members are interested in having a closer relationship with the Board. President Rainey attended the Plant Operation Department State of the POD on October 5, 1994 at 7:30 a.m. Mr. Roger J. Dolan, General Manager-Chief Engineer, invited all Board members to the Collection System Operations Department Vehicle Maintenance Shop ribbon cutting ceremony which will be held on October 31, 1994. 1 5. ADJOURNMENT There being no further business to come before the Board, President Rainey adjourned the meeting at the hour of 5:03 p.m. in memory of Gerry Horstkotte, former General Manager- Chief Engineer. President of the Boar 0 Direc rs, Central Contra Costa Sanitary istrict, County of Contra Costa, State of California COUNTERSIGNED: 10 06 94