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HomeMy WebLinkAboutBOARD MINUTES 04-02-92 67 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON APRIL 2, 1 992 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 April 2, 1992. President Boneysteele called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Clausen, Dalton, Starita, Rainey, Boneysteele ABSENT: Members: None 2. PUBLIC COMMENTS Member Rainey announced that Mr. Carlos Anglin, Planning Director for the City of Lafayette, passed away last Saturday, March 28, 1992. Mr. Anglin will be missed. 3. CONSENT CALENDAR It was moved by Member Rainey and seconded by Member Starita, that the Consent Calendar, consisting of Item a., be approved as recommended, resolution adopted as appropriate, and recording duly authorized. a. An agreement with the City of Walnut Creek for the Sewer Relocation Project in Overlook Drive, Walnut Creek, DP 4871, 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. 92- 022 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Rainey, Starita, Clausen, Dalton, Boneysteele NOES: Members: None ABSENT: Members: None 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Because of the presence of interested persons in the audience, President Boneysteele proceeded to Items 6 a. and b., Correspondence. 6. CORRESPONDENCE a. RECEIVE LETTER FROM MR. RICHARD E. KENNETT. REPRESENTING WILLIAM AND PATRICIA SCARBROUGH/A FRANCHISEE OF BURGER KING CORPORATION. CONCERNING FACILITIES CAPACITY FEES Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that it is regrettable that our customers from Burger King became acquainted with the District under such circumstances. Be that as it may, the issue is the Facilities Capacity Fee, or connection fee for compensation to the District for capacity in the existing system. This is different from the Sewer Service Charge which is payment for the annual operations and maintenance costs of the system. The Sewer Service Charge is based on water use and is fairly easy to predict. The capital fee requires staff to predict what the usage of the system will be before it is built; therefore, staff must use a rule of thumb or estimated usage. 04 02 92 68 Mr. Dolan introduced Mr. Jarred Miyamoto-Mills, Principal Engineer, who reviewed the basis for non-residential fees. The charge for capacity is based on flow and two categories of strength: one for primary and solids handling facilities and one for secondary process facilities. Because it is recognized that there may be special cases or a user may feel they have been treated unfairly, special studies are available for some user groups or upon request. Mr. Miyamoto-Mills stated that a special study typically costs about $250 but could be higher for a very complicated case. Mr. Miyamoto-Mills reviewed the process used in calculating fees, the means of establishing the flow relationship and strength relationship. The basis of the Facilities Capacity Fee for Takeout Restaurants (defined as restaurants using paper service) was presented and the relationship of the last four years of Burger King's consumption was shown in comparison. Burger King's consumption places them somewhat above the average line indicating that they are benefiting marginally by the averaging. Mr. William L. Scarbrough, a franchisee of Burger King Corporation, addressed the Board, stating that in this particular case the Facilities Capacity Fee is unfair. Mr. Scarbrough requested that the Board rescind the fee. Mr. Scarbrough stated that Burger King has operated that its present location since 1977. As part of a remodeling project just approved by the City of Pleasant Hill, some equipment will be relocated in conjunction with the addition of a drive through window. Two floor drains and a sink will be added. The restaurant capacity will not be increased. Mr. Scarbrough distributed a copy of the charges showing that the charge for one floor drain was paid under protest, and asked that the Board consider this matter. Mr. Dolan, General Manager-Chief Engineer, stated that the District rules were established based on best technical judgment. Staff is following those rules and applying rates uniformly. If Mr. Scarbrough wishes, staff can do a special study but it would appear from the curve presented earlier by staff that the cost would go up. Discussion followed concerning the options available to the Board and the implications of each. It was the position of Member Starita, that this project is a renovation and not new construction, resulting in no increase in capacity. Member Rainey agreed. Mr. Dolan stated that the District's rules do not allow for a difference between new construction and remodeling. If the Board wishes to change the rules, a change in the ordinance would be required. Member Clausen stated that Mr. Scarbrough expects to increase business by adding a drive through window, so there would be an increase in flow. President Boneysteele stated that the District must provide capacity on an equitable basis. Following discussion, it was moved by Member Dalton and seconded by Member Clausen, that the Board accept the Facilities Capacity Fee for Devil Mountain Foods, William and Patricia Scarbrough/a franchisee of Burger King Corporation, established by staff as being acceptable to the Board. Motion approved on the following roll call vote: AYES: Members: Dalton, Clausen, Boneysteele NOES: Members: Starita, Rainey ABSENT: Members: None Mr. Scarbrough thanked the Board for their time. b. RECEIVE LETTER FROM MR. LEONARD STEFFEN. ON BEHALF OF HIS CLIENTS. MR. AND MRS. JOHN HAYES. CONCERNING FACILITIES CAPACITY FEES Mr. Leonard Steffen addressed the Board on behalf of his clients, Mr. and Mrs. John Hayes. Mr. Steffen stated that Mr. and Mrs. Hayes are building a home on Brodia Way in Walnut Creek. They wish to accommodate their mother who is 83 years old in that home. When she passes away, they wish to convert her portion of the home into a regular living area. The mother's area would have a wet bar, small refrigerator, and two- burner stove. Mr. Steffen expressed concern about the additional Facilities Capacity Fee of $1,905 triggered by the two-burner stove. Mr. Steffen stated that the impact on flow caused by the mother is not great. The Facilities Capacity Fee paid for the main unit should be sufficient to cover that cost. 04 02 92 69 Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Jarred Miyamoto-Mills, Principal Engineer. Mr. Miyamoto-Mills stated that the residential unit issue was considered when the ordinance was established in 1989. At that time it was decided that there is a broad overlap between the various kinds of occupancy. Mr. Miyamoto-Mills reviewed the language included in the ordinance. The language was included to encourage second family units for in-laws and grown children. In carrying out of the terms of the ordinance, staff has considered a kitchen as having a sink, cook top, and refrigerator. Since the ordinance was adopted, further studies have been conducted; and as pointed out by Mr. Steffen, units of this nature would be expected to have a lower habitation rate. Mr. Steffen showed plans of the home to the Board. Definitions were discussed including "separate living" and "independent habitation." In the discussion, it was noted that the unit in question does not have a separate entrance and is not feasible for separate rental and so does not meet the spirit of the ordinance. It was moved by Member Clausen and seconded by Member Dalton, that a waiver of Facilities Capacity Fee in the amount of $1,905 be granted to Mr. Leonard Steffen, on behalf of his clients Mr. and Mrs. John Hayes, for their residence at 165 Brodia Way, Walnut Creek. There being no objection, the motion was unanimously approved. Mr. Steffen thanked the Board for their consideration. At this time, President Boneysteele reverted to the order of the agenda. 5. PERSONNEL a. AUTHORIZATION TO HIRE SEASONAL EMPLOYEES Following explanation by staff, it was moved by Member Starita and seconded by Member Dalton, that the hiring of 40 persons for seasonal employment be approved. There being no objection, the motion was unanimously approved. b. RECEIVE AND CONSIDER PERSONNEL BUDGET REQUESTS FOR FISCAL YEAR 1992-1993 Mr. Dolan, General Manager-Chief Engineer, stated that the proposed Personnel Budget for the Fiscal Year 1992-1993 was discussed with the Personnel Committee. Following discussion, it was moved by Member Starita and seconded by Member Dalton, that the Personnel Budget for Fiscal Year 1992-1993 identified as Items 1 through 9, be received. There being no objection, the motion was unanimously approved. Member Clausen thanked staff for recognizing the economic problems facing all public agencies and holding a tight line on increases in personnel. President Boneysteele and Member Rainey complimented staff on the format of the Personnel Budget, indicating that it was very well done and easy to follow. c. ADOPT DRUG-FREE WORKPLACE POLICY AND PROCEDURES AS REQUIRED BY GOVERNMENT CODE SECTION 8350. ET SEQ. Mr. Dolan, General Manager-Chief Engineer, stated that in order to participate in Federal and State grant programs, it is required that the District adopt a Drug-Free Workplace Policy. The District already has many of the elements of such a policy in place. It is recommended that the proposed Drug-Free Workplace Policy and Procedures be adopted as required by Government Code Section 8350, et seq. Following discussion, it was moved by Member Starita and seconded by Member Rainey, that the Drug-Free Workplace Policy and Procedures as required by Government Code Section 8350, et seq. be adopted. There being no objection, the motion was unanimously approved. 04 02 92 70 6. CORRESPONDENCE a. RECEIVE LETTER FROM MR. RICHARD E. KENNETT. REPRESENTING WILLIAM AND PATRICIA SCARBROUGH/A FRANCHISEE OF BURGER KING CORPORATION. CONCERNING FACILITY CAPACITY FEES This item was taken out of order earlier in the agenda. b. RECEIVE LETTER FROM MR. LEONARD STEFFEN CONCERNING FACILITY CAPACITY FEES This item was taken out of order earlier in the agenda. c. RECEIVE LETTER FROM MS. SARAH PAUKERT CONCERNING A SEWER PROBLEM ON GLENSIDE DRIVE IN LAFA VETTE: CONSIDER DRAFT RESPONSE Following discussion of the letter from Ms. Sarah Paukert concerning a sewer problem on Glenside Drive in Lafayette and the response drafted by staff, it was the consensus of the Board that the draft response be modified to come from Mr. Jay McCoy, Infrastructure Division Manager, and that revised introductory and closing sentences be added. It was moved by Member Clausen and seconded by Member Rainey, that receipt of Ms. Paukert's letter be noted, and that the draft response be approved as modified. There being no objection, the motion was unanimously approved. 7. APPROVAL OF MINUTES MINUTES OF MARCH 19. 1992 a. It was moved by Member Rainey and seconded by Member Starita, that the minutes of March 19, 1992, be approved with the following amendment. The fifth sentence in the fourth paragraph on page six was amended to read: "There is a risk that these Certificates of Participation may no longer be valid and then the District would be required to use a more cumbersome financing method." There being no objection, the motion was unanimously approved. 8. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED APRIL 2. 1992 It was moved by Member Clausen and seconded by Member Starita, that the Expenditure List dated April 2, 1992, including Self-Insurance Fund Check Nos. 100590-100593, Running Expense Fund Check Nos. 66714-67030, Sewer Construction Fund Check Nos. 10870-10925, and Payroll Fund Check Nos. 27080-27363, be approved as recommended. There being no objection, the motion was unanimously approved. At 4:30 p.m., President Boneysteele declared a recess, reconvening at the hour of 4:34 p.m., with all parties present as previously designated. 9. BUDGET AND FINANCE a. CONSIDER APPROVAL OF THE DRAFT FISCAL YEAR 1992-1993 CAPITAL IMPROVEMENT BUDGET (CIB) FOR INCLUSION IN THE 1992-1993 DISTRICT BUDGET Mr. Dolan, General Manager-Chief Engineer, stated that this item was held over from the last Board meeting. At that time some questions were raised about the budget itself, particularly reimbursements from other governmental agencies, anticipated expenditures, and projects that were somewhat deferrable. At that time, Mr. Dolan stated that he indicated staff was working on a process to ensure that sufficient funds to cover the cost are available at the time the project was brought to the Board for award of contract. Mr. Dolan stated that identifying deferrable projects was very difficult because that was 04 02 92 71 already done in the budgeting process before the draft Capital Improvement Budget (CIB) was presented to the Board for consideration. At the Board's direction, it was discussed again in detail, and a list was developed. Mr. Dolan introduced Mr. Jarred Miyamoto-Mills, Principal Engineer, who reviewed the proposed 1992-1 993 CIB expenditures by program. Mr. Miyamoto-Mills stated that it is expected there will be $63 million in reserves at the beginning on the 1992-1993 fiscal year. Board authorization of $52.4 million is requested to cover projects that will be begun in the fiscal year 1992-93 period. It is projected that the actual expenditures in 1992-1993 will be $40.5 million, the balance of the $52.4 authorization will be spent in the following two fiscal years. Staff will assure the Board that sufficient funding is available by incorporating a funding summary in each position paper at the time of award of contract. Mr. Miyamoto-Mills defined "dependable" revenue that will be used in determining whether sufficient funding is available. Mr. Robert A. Baker, Deputy Chief Engineer, reviewed the criteria used in developing the list of most deferrable projects as requested by the Board. Deputy Chief Engineer Robert A. Baker, Plant Operations Department Manager Charles W. Batts, Collection System Operations Department Manager John A. Larson, and Deputy General Manager Paul Morsen described the listed projects and the impacts of deferral or elimination of the projects. Mr. Dolan stated that staff has put forth their best effort in the short period of time available to identify projects that could be deferred. As the Board can see, there are some areas where modifications can be made if the Board considers it appropriate; however, it is staff's recommendation that the Board proceed with the budget as it was originally presented. Discussion followed concerning the possible loss of ad valorem tax revenue, adjustment of the Sewer Service Charge, the impact of deferring listed projects, options available to the District if the projects proceed and funding is insufficient, and retaining the Household Hazardous Waste Facility Project in the CIB although the circumstances have changed. Following discussion, it was moved by Member Clausen and seconded by Member Rainey, that the Capital Improvement Budget be approved for inclusion in the 1 992-1993 District Budget, but that staff be directed to bring the following projects to the Board for an additional Board authorization prior to proceeding: Treatment Plant Electrical As Builts AM/CAD Applications Expansion Laboratory Facilities Improvements Service Air Compressor GC/MS Hardware CSO Facility Relocation Disaster Command Center Household Hazardous Waste Facility There being no objection, the motion was unanimously approved. 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 11. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1 ) Member Rainey provided an update on the proposed Central County Household Hazardous Waste Program. At the April 1, 1992 Contra Costa Solid Waste Authority meeting, Dr. William Walker, County Health Officer, offered to conduct a workshop for AB 939 program managers and interested elected officials. Member Rainey recommended that the District participate in the workshop, get questions and concerns on the table in an effort to protect the District's ratepayers as much as possible, and continue to work with the Central Contra Costa Solid Waste Authority to develop a 04 -02 92 72 Household Hazardous Waste Program that meets the needs of Central County. Following discussion, the draft letter to the Central County Cities was approved as modified. 2) Mr. Dolan, General Manager-Chief Engineer, stated that for the past two solid waste rate-setting processes, the District has used a new concept for setting profit levels. Historical profits were analyzed, a Capital Use Charge based on alternative safe investments was deducted, a correction for inflation was made, and profit on a dollar amount per household was calculated so that growth would be taken into consideration. Consumer choice in a free market is based on quality and relative cost; therefore, the new arrangement provides for incentives for high quality service and for lower cost to the consumer in the way of increases in profit. It is proposed that a customer satisfaction survey be conducted this summer for use in the fall 1 992 rate-setting process in developing quality of service modification factors. Mr. Dolan briefly described the questionnaire format. Following discussion, it was the consensus of the Board that a customer satisfaction survey be developed and brought back to the Board for final approval. 3) Mr. Dolan stated that as directed by the Board, a letter was sent to Contra Costa Water District (CCWD) stating the Central Contra Costa Sanitary District's (CCCSD) offer to pay for design and construction of a 24" reclaimed water line to be built in conjunction with the Pleasant Hill Interceptor Project. CCWD has not been able to reach a decision on this matter; although they have indicated they support the project. The Board discussed the options and indicated support for the project. If the Board has no objection, CCCSD will proceed with design. The Board voiced no objection. 4) Mr. Robert A. Baker, Deputy Chief Engineer, provided an update on recent events relating to the Tri-Valley Wastewater Authority (TWA) proposed sewer project. The TWA Environmental Impact Report (EIR) comment period closed on March 27, 1992. Approximately 40 comment letters were received. Critical letters were received from the Cities of Martinez and Walnut Creek. Concerned letters were received from the Cities of Concord and San Ramon. TWA and District staff are meeting with these jurisdictions in an effort to resolve their concerns. The concerns expressed in the letters received and the comments from the community fall into five areas: 1) the drinking water issue; 2) Bay/Delta quality in terms of aquatic life; 3) overflows; 4) capacity; and 5) growth. Mr. Baker discussed each of the issues and the efforts made in the EIR to address the issues. Member Rainey left the meeting at the hour of 6:32 p.m. Member Rainey had indicated previously that she would have to leave the meeting at 6:30 p.m. and had requested that she be excused. 04 5) Mr. Dolan, General Manager-Chief Engineer, stated that with the potential loss of ad valorem tax revenue, staff has been particularly tough on cutting equipment this year. In the past there has been Board level involvement on two items, cellular telephones and alternative fuel vehicles. Cellular telephones have been identified as the cheapest and best way to meet some District communication needs; however, if the Board believes the use of cellular telephone to be inappropriate, they will not be included in the Equipment Budget. The Board voiced no objection to including cellular telephones in the Equipment Budget; although Member Clausen cautioned staff on use of cellular telephones by the driver in moving vehicles. Mr. Dolan stated that the Board was advised previously that in order to meet the requirements of the new Air Quality Management Plan, by 1996 15 to 30 percent of the District's vehicle fleet must use low emission fuel. Staff had planned to convert one or two vehicles in 1992-1993; however, 02 92 b. c. d. 73 the technology is changing rapidly. It is now proposed that conversion be delayed until 1993-1994. The Board concurred. 6) Mr. Dolan announced that the Lindsay Museum has received a grant for stenciling an environmental message at storm drain inlets in Central County. The message would advise people not to pour toxic substances into the storm drain. As there is a connection with the District's concern for safe disposal of household hazardous wastes, the District was asked to participate. It is proposed that the District contribute $400 to support this program. The Board agreed. 7) Mr. Dolan announced that Valley Waste Management has completed a route audit. It was found that about 900 customers are paying for regular service but actually receiving the higher cost hilly service. Mr. Paul Morsen, Deputy General Manager, stated that Valley Waste Management has been asked to delay changing the rates for those customers to be coincident with the 1993 rate adjustment. This way automated collection will be implemented and it will be possible to see if some of these customers could receive regular service. 8) Mr. Dolan announced that the District is currently advertising for the Headworks Facility Improvement Project. 9) Mr. Dolan announced that the Consumer Price Index (CPt) cost of living adjustment will be made effective May 1, 1992, as provided for in the Memoranda of Understanding. The adjustments vary among employee groups because of the bargained for changes in the Retirement Plan. General Employees will receive 3.6 percent. The Management Support/Confidential Group and the Management Group will received 2.65 percent. COUNSEL FOR THE DISTRICT 1 ) Mr. Kenton L. Aim, Counsel for the District, stated that the Board was provided with a memorandum highlighting significant points in Senate Bill 1538 (Kopp), revising the Ralph M. Brown Act "Open Meeting Law." After two hours of debate in Committee, it was decided that the bill be brought back to Committee with amendments. It has been suggested that efforts be made to amend the bill to an acceptable form since it appears likely Senator Kopp will pursue the initiative process if the bill is unsuccessful. 2) Mr. Aim announced that no action has been taken to date on the Isenberg bill that would shift tax revenues; however, Assemblyman Isenberg has agreed to strike the emergency portion of that bill so it would not be effective until January 1993. SECRETARY OF THE DISTRICT None BOARD MEMBERS 1 ) Member Starita reported that there was a Regional Recycling and Household Hazardous Waste Committee meeting on April 1, 1992, at which composting was the major topic of discussion. 12. ANNOUNCEMENTS President Boneysteele provided Board Members with copies of a letter from Mr. Lawrence E. Piatti, President of Industrial Management Consultants, to Mr. Bart Brandenburg, Associate Engineer. The copies were addressed to the Board and were marked personal and confidential. The letter concerned changes to the District's Source Control Ordinance. 04 02, 92 --_._----- -- ...------..-..---.----------------.-.-.--- ---- --------------- 74 04 13. CLOSED SESSION None 14. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None 15. ADJOURNMENT There being no further business to come before the Board, President Boneysteele adjourned the meeting at the hour of 7:32 p.m. President of the Board of Directors Central Contra Costa Sanitary Di ict, County of Contra Costa, State of California COUNTERSIGNED: 02 92