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HomeMy WebLinkAboutBOARD MINUTES 11-15-90 208 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON NOVEMBER 15, 1990 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 p.m. on November 15, 1990. President Carlson called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Boneysteele, Dalton, Clausen, Rainey, Carlson ABSENT: Members: None 2. PUBLIC COMMENTS Ms. Sue Beresh, 745 Highbridge Lane, Danville, addressed the Board concerning the proposed Waste Management (POD) System Pilot Program. Ms. Beresh expressed the concerns of the neighbors and merchants in the Green Valley area with the selection of the proposed transfer site behind the Lucky supermarket. Ms. Beresh stated that because of the heavily used pedestrian trail in the area, safety is a major concern. Ms. Beresh stated that the site cannot safely handle additional traffic and there is little sound and sight protection from the surrounding neighbors. Ms. Beresh agreed that the pilot program is reasonable and responsible but indicated that a different transfer location should be selected unless the site is improved by removing the pedestrian bridge, building a sound wall, and improving traffic circulation. In response to a question from Member Boneysteele, Ms. Beresh suggested possible alternative sites. Mr. Paul Morsen, Deputy General Manager, indicated that staff had investigated the sites suggested by Ms~ 'Beresh and reported the findings with regard to each site. Mr. Morsen stated that with regard to the proposed site in the Green Valley area, mitigation measures would be considered after the pilot program has been completed and the feasibility of the program has been determined. President Carlson thanked Ms. Beresh for her comments. 3. AWARDS AND COMMENDATIONS a. RECEIVE EPA NATIONAL FINALIST AWARD FOR EXCELLENCE IN OPERATIONS AND MAINTENANCE, Mr. Roger J. Dolan, General Manager-Chief Engineer, introduced Mr. Bob Gervais, of the Eryvironmental Protection Agency (EPA) Construction Grants Program. As the EPA Official responsible for the Central San Construction Grant, Mr. Gervais worked with the District for several years and assisted with the termination concept Qn the 5A Project, helping to bring about a successful completion of that project. Mr. Gervais thanked the District for the opportunity to present this award on behalf of the EPA. Mr. Gervais stated that the EPA Regional and National Awards Program is in its fifth year. Central San competed with all treatment plants in Region IX with flows of 10 MGD or greater. These treatment plants serve more than 35 million people. Among the factors considered in selecting Central San to receive the EPA National Finalist Award for Excellence in Operations and Maintenance, were the absence of major permit violations in 1988-1989, the aggressive approach to equipment maintenance, the award winning public information section, work with the County Health Department on household hazardous waste, future planning of a household hazardous waste facility, collection system and laboratory support, and safety and training programs. Mr. Gervais stated that it is a great pleasure to present the 1990 EPA Region IX Operations and Maintenance Excellence Award for Large Secondary Plants to Central Contra Costa Sanitary District. Mr. Gervais stated that he looks forward to working with Central San 11 15 90 209 on the new EPA Pollution Prevention Program covering issues ranging from waste minimization and water conservation to energy reduction and reclamation. President Carlson stated that he was very proud to accept the award on behalf of the Board and the employees of the District. President Carlson presented 1 990 EPA Region IX Operations and Maintenance Excellence Award to Mr. William E. Brennan, Plant Operations Manager, commending him and his staff on a job well done. Mr. Dolan indicated that a letter of congratulations was received from Congressman George Miller commending the District for its continuing commitment to excellence. 4. CONSENT CALENDAR It was moved by Member Rainey and seconded by Member Clausen, that the Consent Calendar, Items a. through j., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. Resolution No. 90-140 accepting an easement at no cost to the District from Robert C. Schubert, et ux, Orinda area (Job 1 571 - Parcel 14-A) was adopted and recording authorized. a. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: b. Rainey, Clausen, Boneysteele, Dalton, Carlson None None Resolution No. 90-141 accepting an easement at no cost to the District from Robert C. Schubert, et ux, Orinda area (Job 1571 - Parcel 14-B) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Clausen, Boneysteele, Dalton, Carlson None None c. Authorization was given for P.A. 90-14 (Orinda) to be included in a future formal annexation to the District. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Clausen, Boneysteele, Dalton, Carlson None None c The contract work for the Installation of the Meeting Room HV AC Improvements Project, District Project 10070, was accepted and the filing of the Notice of Completion was authorized. d. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Clausen, Boneysteele, Dalton, Carlson None None 11 15 90 210 The Board was advised of the close out of the Orinda Crossroads Pump Station Odor Control Project, District Project 4531. This item was presented for the Board's information. No action was taken. e. f. December 6, 1990, was set as the date for a public hearing to consider approval of a Negative Declaration and approval of the Country Gardens/Third Avenue Sewer Improvement Project, District Project 4615. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Clausen, Boneysteele, Dalton, Carlson None None g. Extension of medical leave of absence without pay was authorized for Don Balestrieri, Maintenance Crew Member II, through February 20, 1991. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Clausen, Boneysteele, Dalton, Carlson None None h. A medical leave of absence without pay was authorized for Benjamin J. Bell, Instrument Technician, through April 21, 1991. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Clausen, Boneysteele, Dalton, Carlson None None Staff was directed to secure the services of an arbitrator in accordance with the appeal procedures for dismissal of employees in the matter of Utility Worker Nicholas James "Jim" Maples. I. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: j. Rainey, Clausen, Boneysteele, Dalton, Carlson None None Staff was directed to secure the services of an arbitrator in accordance with the appeal procedures for suspension in the matter of Maintenance Crew Member II Frank Shea. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: 11 15 90 Rainey, Clausen, Boneysteele, Dalton, Carlson None None 211 CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 5. SOLID WASTE a. OBTAIN ADDITIONAL INFORMATION TO CONSIDER A REQUEST FOR CONSENT TO THE SALE OF A 50 PERCENT INTEREST IN ORINDA-MORAGA DISPOSAL SERVICE. INC. TO ROBERT M. SLlEPKA Mr. Dolan, General Manager-Chief Engineer, stated that at the last Board meeting, there was some confusion as to what the actual transaction was. Since that time a letter has been received which clarifies the nature of the transaction. Mr. George Navone, of Orinda-Moraga Disposal Service, Inc., is present to respond to any questions the Board may have. Messrs. Lomow and Sliepka had conflicts in scheduling and were unable to be present tonight. Staff would recommend approval of the sale. It was moved by Member Clausen and seconded by Member Rainey, that the request for consent to the sale of an equal 50 percent ownership interest in the Orinda- Moraga Disposal Service, Inc. by the Navone family to W. Douglas Lomow and Robert M. Sliepka, be approved and that Resolution No. 90-144 be adopted to that effect. Motion approved with Member Boneysteele voting no for the reasons stated at previous Board meetings. 6. PERSONNEL a. DENY THE APPEAL OF EMPLOYEES' ASSOCIATION. PUBLIC EMPLOYEES' UNION. LOCAL NO. ONE. REGARDING THE RULE OF FOUR. IN ACCORDANCE WITH ARBITRATOR'S RECOMMENDATION It was moved by Member Dalton and seconded by Member Rainey, that in accordance with the arbitrator's recommendation, the appeal of the Employees' Association, Public Employees' Union, Local No. One, regarding the Rule of Four, be denied and dismissed as the final action of the District. There being no objection, the motion was unanimously approved. 7. APPROVAL OF MINUTES a. MINUTES OF REGULAR MEETING OF OCTOBER 18. 1990 Member Boneysteele expressed concern with the practice of setting Board policy when no call for consensus or vote is taken and suggested revisions to pages 10 and 12 of the minutes. Following discussion, a majority of the Board concluded that the minutes accurately reflect the discussion at the meeting. Member Boneysteele withdrew the suggested changes. It was moved by Member Boneysteele and seconded by Member Rainey, that the minutes of the regular meeting of October 18, 1990, be approved with the following addition. The following was added to the first paragraph on page seven: "Furthermore, Member Boneysteele stated that District policy, as established by the Board, is to base rates on accounting information only. To require additional service without providing offsetting revenues would be unreasonable." There being no objection, the motion was unanimously approved. b. MINUTES OF SPECIAL MEETING OF OCTOBER 18. 1990 It was moved by Member Boneysteele and seconded by Member Rainey, that the minutes of the special meeting of October 18, 1990, be approved with the addition of an explanation as to the reason for the special meeting. There being no objection, the motion was unanimously approved. 11 15 90 212 8. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED NOVEMBER 15. 1990 Member Boneysteele, 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 Boneysteele and seconded by Member Dalton, that the Expenditure List dated November 15, 1990, including Self-Insurance Check Nos. 100477- 100479, Running Expense Check Nos. 56407-56627, and Sewer Construction Check Nos. 8917-8969, be approved as recommended. There being no objection, the motion was unanimously approved. 9. BUDGET AND FINANCE a. RECEIVE OCTOBER 1990 FINANCIAL STATEMENTS Mr. Walter N. Funasaki, Finance Officer, reviewed the results of operations and maintenance for the month of October 1990, noting that expenses were $98,000 less than budget, representing a 4.7 percent favorable variance. For the four months ended October 31, 1990, expenses were $554,000 less than budget, representing a 6.6 percent favorable variance. The District's temporary investments were held in Treasury bills and notes and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 7.500 percent to 9.410 percent. The latest interest rate as of O'ctober 31, 1990, was 7.500 percent. The average yield for the LAIF account through October 31, 1990, was 8.321 percent. . Member Boneysteele questioned the purpose of the various "Due from/(to) " Funds. Mr. Funasaki indicated that the funds are offsetting accounts which advance monies between funds. Member Clausen expressed concern that the amount of revenue seems to be dropping further and further behind budget. Member Clausen suggested that the Budget and Finance committee review the budget taking into account the decrease in revenues. Mr. Dolan stated that a revenue report is presented quarterly. In January there will be a six-month O&M review which goes into greater depth. There being no further discussion, President Carlson declared that the October 1990 Financial Statements were duly received. 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 11. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1) Mr. Paul Morsen, Deputy General Manager, reported that the Alameda County Solid Waste Authority unanimously approved the request to use the Waste Management "POD" System to transport solid waste to the Altamont Landfill. Alameda County indicated they did not wish to be involved in the issues between the District, Waste Management, and Contra Costa County. The District and Waste Management did agree that a mitigation fee of $5/ton be paid to Alameda County. The POD equipment has been purchased and is on site. Public information on the pilot program will be distributed in early January 1991, the containers will be delivered at the end of January, and pick up should begin in February. Residents in the Green Valley area have opposed the use of the area behind Lucky's for the staging area at the north end of Danville. In addition, some issues have been raised with regard to the area proposed for the staging area at the south end of Danville. The Danville Town Council will consider this matter at their next meeting. Staff is currently looking for alternative sites. However, the númber of potential 11 15 90 213 sites is limited and those identified will require improvements to make them suitable for purposes of the pilot program. Mr. Morsen stated that the Board had been advised that the six-month pilot' program would be completed and information available for the next rate-setting process. That will no longer be possible. It is now expected that the information will be available for consideration by the Board next autumn. Ms. Sue Beresh addressed the Board requesting that mitigation measures be made before the pilot program rather than after. Residents would like to see lower collection rates, but the trade off must be right. President Carlson thanked Ms. Beresh for her comments and indicated that they were noted. President Carlson stated that the Board and staff are very concerned with safety issues. It is not the District's intention to force something on a community that would be unsafe. Ms. Beresh thanked the Board for the opportunity to comment on this matter. 2) Mr. John Larson, Collection System Operations Department Manager, reported that since January 1, 1990, there have been 13 property damage overflows in the collection system. Ten of those claims have been settled. Three are still outstanding. For the ten claims that have been settled, $8,700 has been expended or an average of $870 per claim. The actual settlements ranged from $9 to $4,700, with most claims being under $500. The problems are primarily in the Lamorinda area, Walnut Creek, and the steeper areas of Martinez. In previous years, there have been approximately 20 to 22 claims per year with an average clean up cost of $18,000 to $25,000. Mr. Larson indicated that the use of overflow devices is part of the normal follow up procedure after an overflow. In eight of the ten claims settled, no overflow device was in place. In the other two cases, one overflow device had been buried and one had been removed. 3) Mr. Dolan, General Manager-Chief Engineer, stated that a short while ago, the Board was given an overview of the progress being made in the three space need areas. Collection System Operations Department is further behind the Plant and the Headquarters Office. Building. The Plant and headworks office space projects have been tied together with the Headquarters Office Building work to control costs and improve efficiency. Mr. Dolan introduced Mr. Charles W. Batts, Plant Operations Department Manager, who briefly highlighted the previous presentation made and the direction given by the Board at that time to select the best long-term solution from the alternatives presented. Mr. Batts stated that was done by combining portions of both concepts. Mr. Batts described the proposed plan. In addition, it was determined that the District had been operating on a variance from the Fire Code and a new area of egress was incorporated into the plan to bring the District into compliance. Finally, approximately $90,000 to $100,000 was added to the project for seismic strengthening. With the exception of the cost of the seismic strengthening work, the design estimates are basically the same as the previous estimate presented to the Board. Funds for this project were allocated in the Headworks Project in the Capital Improvement Budget. Mr. Doug Craig, Senior Engineer, reviewed the Headquarters Office Building office space and parking lot expansion. Fourteen employees currently in trailers will be brought into the Headquarters Office Building and the use of trailers will be eliminated. Mr. Craig described the modifications proposed for the second floor, first floor, and basement of the Headquarters Office Building. The District vehicles now parked in the basement will be moved to a parking lot to be constructed adjacent to the existing parking on the Plant site. The estimated cost of modifications to the three floors of the Headquarters Office Building is $729,000. The estimated for modifications to the Plant Operations Department building is $555,000. The two projects will be combined and bid as one project in April 1991. The estimated cost for the expansion of the parking lost is $150,000. The total project cost is $1,434,000. 4) Mr. Dolan, General Manager-Chief E~gineer, reported that the District is currently advertising for the Country Gardens/Third Avenue Sewer Improvements Project. The engineer's estimate for the project is $1,950,000. .11 15 90 214 5) Mr. Dolan announced that the next Board meeting will be on the same day as the California Water Pollution Control Federation Bay Section meeting here in Contra Costa County. There will be a tour of the Central San treatment plant and Robert Baker will make a presentation on sludge disposal. 6) Mr. Dolan stated that in the future there will be continuing pressure on pretreatment and source control activities. Staff is giving some thought to an accelerated program for source control and pretreatment. A presentation is planned for a future Board meeting. 7) Mr. Dolan reported that representatives from Caltrans, Contra Costa Water District (CCWD), and Central San met with Assemblyman Baker on October 26, 1990, to discuss Caltrans use of reclaimed water. The contract negotiations with CCWD are now moving forward again. For that reason, it would be appropriate for the District to move forward as well. A position paper for authorization of a design contract on the filter plant improvements will be presented to the Board for consideration in the near future. 8) Mr. Dolan announced that the District's holiday party is scheduled for December 8, 1990, at the Pleasant Hill Community Center. All Board Members are invited to attend. b. COUNSEL FOR THE DISTRICT 1) Mr. Kenton L. Aim, Counsel for the District, stated that several months ago a Board Member raised concern about the status of investments placed in the County's name on our behalf and the security of those investments if the County should suffer severe fi~ancial problems. After discussion with County staff, it was agreed that an agreement should be drafted that sets forth the arrangement between the District and the County. Such an agreement has been drafted. Mr. Aim stated that if the Board has no objection, he would have the agreement reviewed by counsel who specializes in creditor's rights or investments. . Hearing no objection, President Carlson stated the consensus of the Board that special counsel be hired to review the draft agreement relating to investments. Mr. Aim stated that in reviewing this situation, another issue came to light. For accounting purposes, records are kept of the District's investments but the funds are co. mingled with the funds of other special districts held by the County. This situation will be addressed as well. Any agreement will be brought back to the Board for approval. 2) Mr. Aim reported on the November 1991 CAS A meeting at which a major topic of discussion was the need for CASA to become more proactive in the area of legislation. Mr. Dolan reported that there was a presentation on the status of the Inland Surface Waters and Enclosed Bays and Estuaries Plans. The draft plans appear to be more lenient than EPA requirements and it is uncertain that the EPA will accept them as currently drafted. c. SECRETARY OF THE DISTRICT 1) Ms. Joyce E. Murphy, Secretary of the District, distributed the Training and Conference Summary for July through September 1990. 2) Following discussion, the January 1 7, 1991, Board meeting was rescheduled for Wednesday, January 23, 1991, at 3 p.m. due to a conflict with the January CASA meeting. d. BOARD MEMBERS Member Clausen reported that the Solids Waste Export Committee meeting scheduled for 1 :30 p.m. today was canceled. It has been tentatively rescheduled for December 7, 1990. 12. ANNOUNCEMENTS Member Rainey stated that she had reported at an earlier Board meeting that the County considered and adopted a prevailing wage ordinance. The Local Agency 11 15 90 215 Formation Commission recently approved annexation requests for large industrial areas to the City of Pittsburg. The County has lost threè large industrial developments. 13. CLOSED SESSION None 14. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None 1 5. ADJOURNMENT There being no further business to come before the Board, President Carlson adjourned the meeting at the hour of 5: 1 2 p. m. Presid t of the Board of Directors, Céntral Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: e re ry of the Central C tra sta Sanitary District. County of Contra Costa, State of California 1~1 " ' 1:5 90