Loading...
HomeMy WebLinkAboutBOARD MINUTES 03-17-88 MINUTES' OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MARa-t 17, 1988 The Di strict Board of the Central Contra Costa Sani tary Di strict convened in a regular meeting at its regular place of meeting, 5019 Imhoff Pl ace, Marti nez, County of Contra Costa, State of Californi a, at 7:30 p.m. on March 17,1988. President Rainey called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Boneysteele, Dalton, Clausen, Carlson, Rainey Members: ,ABSENT: Members: None II. PUBLIC COMMENTS Mr. Ken Little, attorney representing Pleasant Hill Bay Shore Disposal Service and Orinda-Moraga Disposal Service, addressed the Board relative to the document on return on equity method for determining refuse collectors' allowable profit. Mr. Little asked questions and raised issues relating to the differences in the rate of return percentages used in the examples, the realistic rate of return for the industry, forecasted interest, debt load and debt service of the companies, approved expenses, and the origin and justification for the 95 percent operating ratio. III. APPROVAL OF MINUTES 1. MINUTES' OF MARCH 3,1988 It was moved by Member Clausen and seconded by Member Boneysteele, that the minutes of March 3, 1988, be approved with the addition of the word "effective" before the work "regul ati on" i n the 1 ast sentence of the fourth paragraph under Item V II., Sol i d Waste. The motion was approved with President Rainey abstaining for the reason that she was not present at the meeting of March 3,1988. IV. CONSENT CALENDAR In response to a question from Member Clausen, Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that approving the Outfall Phase II Rehabllitation Project would make an outfall relocation project more unlikely unless the cost of relocation were paid by some entity other, than the District. It was moved by Member Carlson and seconded by Member Dalton, that the Consent Calendar, consisting of seven items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resolution No. 88-034 accepting an easement at no cost to the Di strict from A. R. SCOTT, et ux, Al amo area (Job 1580 ext. - Parcel 1) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Ca rl son, Dalton, Boneysteele, Clausen, Ra i ney NOES: Members: None ,AB SENT: Members: None 2. Resolution No. 88-035 accepting an easement at no cost to the District from J. C. CONRAD, et ux, Alamo area (Job 1580 ext. - Parcel 2) was adopted and recording authorized. Motion unanimously approved on the following vote: 0.3:: 1':7 35 88! 36 AYES: Members: Carl son, Dalton, Boneysteele, Clausen, Rainey NOES: Members: None JlBSENT: Members: None 3. Authorization was given for P.A. 88-8 (Walnut Creek) to be included in a future formal annexation to the District. Motion unanimously approved on the following vote: AYES: Members: Carl son, Dalton, Boneysteele, Clausen, Ra i ney NOES: Members: None JlBSENT: Members: None 4. The Board was advised of the close out of the Treatment Plant Drainage Rehabilitation, Phase 2 Project <DP 20052) and the return of $12,050 to the Treatment Plant Program budget. This item was presented for the Board's information.. No action was taken. 5. The contract work for the construction of the Concord Industrial and Bates Avenue Pump Stations Upgrade Project in Concord (DP 4091) was accepted and the filing of the Notice of Completion was authorized. Motion unanimously approved on the follow i ng vote: AYES: Members: Carl son, Dalton, Boneysteele, Clausen, Rainey NOES: Members: None JIB SENT: Members: None 6. The Outfall Rehabilitation - Phase II Project WP 20056) was approved. Motion unanimously approved on the following vote: AYES: Members: Carlson, Dalton, Boneysteele, Clausen, Rainey NOES: Members: None JlBSENT: Members: None The Diablo Road approved. Motion unanimously approved on the following vote: 7. Sewer Improvement Proj ect (DP 4455) was AYES: Members: Carl son,. Dal ton, Boney steel e, Cl ausen, Rai ney NOES: Members: None JlBSENT: Members: None CALL FOR RBlUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Dolan, General Manager-Chief Engineer, requested that Items IX.2., Personnel, XIII. 1. d., Engi neer' s Report, and XV., Closed Session, be taken out of order to accommodate interested persons in the audience. There being no objection, President Rainey proceeded to Item XV~, Closed Session. xv. QOSED SESSION 1. LPBOR Ra.ATIONS The closed session was held pursuant to Government Code Section 54957.6, to meet with designated representatives prior to and during )~'3"". 1'7' 88! 37 consultations and discussions with representatives of employee organizations regarding the salaries, salary schedules or compensation paid in the form of fringe benefits in order to review its position and instruct its designated representatives. At 7:45 p.m., President Ra'iney declared the closed session to discuss labor relations. At 8:45 p.m., President Rainey concluded the closed session and reconvened the meeting into open session. XVI. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None At th is time, Engineer's Report. President Rainey proceeded to Item XIII. 1. d., XIII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER d. Mr. Dol an, General Manager-Ch ief Engi neer, reported that the pl ant process conti nues i n ni tr1ficati on. We are operati ng a process that is overloaded so it was very difficult to get into full nitrification. Although the earlier upset problems could return, the process has stabil ized and the effl uent quality is excellent. The industries have expressed serious concern about receiving non-nitrified water. We believe it is best to continue the n'itrification process through the demonstration reclamation project. The Plant is working on a number of task items that will enabl e us to put the fll ter pl ant into operati on to recl aim water. Chuck Batts, Pl ant Operations Department Manager, is currently working with Purchasing and Legal to bring in force account contractors to assi st on some of the 1 arger mal ntenance tasks. At this point, the project is on schedule. Mr. Robert A. Baker, Deputy Chief Engineer, reported that a letter has been received from the Regional Board with a staff proposed Regional Board resolution of support for the demonstration recl amation project. We are hopeful that the Regional Board will adopt the resolution. At the conclusion of the nitrification update, President Rainey proceeded to Item IX.2., Personnel. IX. PERSONNEL 2. RECEIVE REPORT OF AFFIRMATIVE ACTION COMMITTEE Ms. Cathryn Freitas, Personnel Officer and Affirmative Action Compliance Officer, presented the report of Affirmative Action Committee activities from January 1,1987 through January 31; 1988 and a summary of the information that will be submitted in the District's Annual Report to the Equal Employment Opportunity Commission. Ms. Freitas thanked the Board for authorizing the Temporary Trainee Program and reported that the Program has been very successful in attracting qualified women and minorities. The trainees are producing valuable work for the District. During the past year, the Committee has worked to increase the number of qualified women and minorities in the recruitments for regular District posi ti ons. These efforts have been very successful as well. Of the thirty new District employees appointed during the period, seventeen were females or minorities. Member Clausen requested and staff concurred that in the future the report of the Affirmative Action Committee be presented to the Personnel Committee prior to submission to the full Board. The Board complimented the Affirmative Action Committee on the progress made during the last year. At this time, President Rainey returned to the order of the agenda. 1. VI. TREATMENT PlANT APPROVE THE INSTALLATION OF 72 FURNACE FUEL VALVES, AND AUTHORIZE THE ALLOCATION OF $94,000 FROM THE TREATMENT PLANT PROGRAM CONTINGENCY ACOOUNT FOR THE FURNACE FUEL VALVE MODIFICATION PROJ ECT Qa 17 88 ! "".;" 38 Mr. Dol an, General Manager-Chief Engi neer, stated that the val ve repl acement mai ntenance activ ity woul d routi nely be done as each val ve fails. Because of problems encountered with use of landfill gas, staff proposes to modify the burners to allow operations on either natural gas or landfill gas. Following discussion, it was moved by Member Dalton and seconded by Member Clausen, that allocation of $94,000 be approved from the Treatment Plant Program Contingency Account for the Furnace Fuel Valve Modification Project. There being no objection, the motion was unanimously approved. VII. COLLECTION SYSTEM 1. APPROVE PURa-tASE OF VEHIQE REPLACEMENTS, AUTHORIZE COOPERATIVE PURCHASING AGREEMENT WITH THE STATE OF CALIFORNIA, AND AUTHORIZE $142,000 FROM THE SEWER CONSTRUCTION FUND Mr. Dolan, General Manager-Chief Engineer, indicated that the cooperative purchasing arrangement that would be made with the State of California upon Board adoption of the proposed resolution is described in the position paper. One vehicle replacement, for the General Manager-Chief Engineer's car, would not be subject to the resolution but is also requested for authorization at this time. A di scussion followed wherei n Member Cl ausen suggested that the Equipment Budget be modified to provide for vehicle replacement through the cooperative purchasing agreement with the State of Cal ifornia in future years. Staff concurred. It was moved by Member Carl son and seconded by Member Dal ton, that the purchase of eleven replacement vehicles (three sedans and eight light trucks) be approved for 1988-1989, that Resolution No. 88-036 be adopted authorizing the Department of General Services of the State of California to purchase the vehicles for the District, and that $142,400 be authorized from the Sewer Construction Fund for the purchase. Motion unanimously approved on the following vote: AYES: Members: Carlson, Dalton, Boneysteele, Clausen, Rainey NOES: Members: None ,ABSENT: Members: None VII. APPROVAL OF EXPENDITURES 1. EXPENDITURE LIST DATED MARCH 17,1988 Member Dal ton, member of the Budget and Fi nance Committee, stated that he and Member Boneysteele reviewed the expenditures and found them to be satisfactory. It was moved by Member Dal ton and seconded by Member Boneysteel e, that the Expenditure List dated March 17, 1988, including Self-Insurance Check Nos. 100242-100249, Running Expense Check Nos. 38017-38275, and Sewer Constructi on Check Nos. 5465-5516, be approved as recommended. There being no objection, the motion was unanimously approved. VIII. BUDGET AND FINANCE 1. RECEIVE FEBRUARY 1988 FINANCIAL STATEMENTS Mr. Walter N. Funasaki, Finance Officer, reviewed the results of operati ons and mai ntenance for the month of February 1988, noti ng that expenses were $11,000 less than budget, representing a .7 percent favorabl e vari ance. Year-to-date expenditures were $132,000 less than budget, representing a 1.0 percent favorable variance. The District's. temporary i nvestments were. hel din a Federal Home Loan Bank note, collateralized certificates of deposit, bankers' acceptances, and the Di strict's Local Agency Investment Fund (LAIF) account with interest rates ranging from 8.0 percent to 6.2 percent. The latest interest rate at February 29, 1988, was 7.8 percent. The average yiel d for the LAIF account through February 1988 was 8.05 percent. ð3 17 88 39 Member Boneysteele indicated that he was glad to see that we were ahead of budget on cash di scounts earned. Member Boneysteel e stated . further that he did not feel secure with the collateralized certificates of deposit in which the. District is currently invested. Member Boneysteele requested that staff consider rolling these certificates of deposit over into Treasury notes consistent with the District's financial and capital improvement pl ans. Member Cl ausen voiced his agreement and suggested that Mr. Funasaki confer with the County Treasurer and others knowledgeable in this area and report back to the Board. Staff indicated they would do this. At the conclusion of the reports and discussion, President Rainey declared that the February 1988 Financial Statements were duly received. IX. PERSONNEL 1. ADOPT A NEW QASS DESCRIPTION FOR INSPECTION COORDINATOR RANGE G-67 ($2792/MO.-$3380/MO.); RECLASSIFY ONE POSITION OF ENGINEERING ASSISTANT IN THE COLLECTION SYSTEM INSPECTION SECTION TO INSPECTION' COORDINATOR: ADOPT A REVISED CLASS DESCRIPTION FOR ENGINEERING ASSIST¡ijiT RANGE G-69 ($2991/MO.-$3543/MO.) Mr. Dolan, General Manager-Chief Engineer, requested that this item be held over for consideration by the Personnel Committee on March 28, 1988. Following a discussion wherein Member Boneysteele raised some questions concerning the qualifications for the position, it was the consensus of the Board that the matter be held pending consideration by the Personnel Committee on March 28,1988. 2. RECEIVE REPORT OF AFFIRMATIVE ACTION COMMITTEE This item was taken out of order earlier in the agenda. X. SOL ID WASTE APPROVE REV ISION TO THE COMPUTATION. OF THE ANNUAL FRANa-tISE FEE ASSESSED TO FRANCHISED REFUSE COLLECTORS 1. Mr. Dolan, General Manager-Chief Engineer, stated that consideration of a revision to the computation of the annual franchise fee was brought up at the 1 ast Board meeti ng but was hel d over at the request of the refuse collectors. At that time, a series of questions were asked by Mr. Ken Little. Some of the questions were touched on briefly at the last meeting. Mr. Walter Funasaki, Finance Officer, has prepared a presentation in response to those questions having financial implications. Mr. Funasaki stated that the revised computation of the franchise fee is consistent with the franchise agreement. It is staff's understanding that it is the Board's policy that Board and staff solid waste activities be reimbursed through the franchise fee. Mr. Funasaki explained the charges used in estimating expenses and stated that these estimated expenses will be adjusted to actual expenses in the subsequent year. The bill ing for the franchise fee will be made in the fin:;t quarter as in previous years. At the conclusion of Mr. Funasak1's presentation, a comparison of franchise fees charged by other jurisdictions in the area was presented for the Board's review. In response to a question from Member Carlson, Mr. Funasaki stated that the franchise fees will be included in the rate computation and analysis for the year. Mr. Funasaki stated that if there is a reduction in the level of activity required to administer the franchise agreements, there will be a corresponding reduction in the franchise fee. It was moved by Member Clausen and seconded by Member Carlson, that implementation of the revised method of determining the annual franchise fee amount to be assessed to franchised refuse collectors be approved effective the 1988-1989 fiscal year. There being no objection, the motion was unanimously approved. 2. ADOPT RESOLUTION NO. 88-033 DIRECTING THE DEVELOPMENT OF RECYCLING PLANS BY THE DISTRICT'S FRANCHISED REFUSE COLLECTORS FOR THEIR SERV ICE AREAS ;,.,...Ø'8\ '1/ ~ :: '8' :': !8' . .. ~ >. .. 40 Mr. Dolan, General Manager-Chief Engineer, stated that this action would bring into play the recycling plan requirements of the franchise agreements. In response to a question from Member Carlson, Member Boneysteele explained the responsibilities and composition of the Regional Recycling Advisory Committee. It was moved by Member Boneysteele and seconded by Member Dalton, that Resolution No. 88-033 be adopted, initiating the design of recycling plans by the franchised refuse collectors for their respective service areas under the direction of the Central Contra Costa Sanitary District's Regional Recycling Advisory Committee. There being no objection, the motion was unanimously approved. RECEIVE DOCUMENT ON RETURN ON EQUITY METHOD FOR DETERMINING REFUSE COLLECTORS' ALLON,ABLE PROFIT 3. Mr. Dolan, General Manager-Chief Engineer, stated that the issue of the efficiency of the rate-setting procedures was raised during the Valley Disposal franchise agreement assignment process. The Return on Equity method of calculating allowable profit referenced in the February 7, 1983 Price Waterhouse report came to mind. The Return on Equity method could be used as the basic calculation in the rate-setting analyses, and the Operating Ratio method, as well as other methods, could be used as suppl emental measures. Mr. Dol an requested comments or direction from the Board. Following a brief discussion of the merits of the various rate-setti ng methods, it was the consensus of the Board that more extensive discussion of the document on Return on Equity method for determining refuse collectors' allowable profit be deferred to the April 7, 1988 Board meeting. XI. LEGAL/LITIGATION APPROVE SEffiEMENT OF QAIM FROM .IAN AND PENELOPE BAIRD OF 89 SLEEPY HOLLON LANE, ORINDA, CALIFORNIA' 1. It was moved by Member Clausen and seconded by Member Carlson, that the settlement of the Ian and Penelope Baird claim in the amount of $15,000 be approved. There -being no objection, the motion was unanimously approved. Member Boneysteele extended thanks to staff for settling this most difficult problem in a manner acceptable to both sides. President Rainey expressed appreciation to Mr. John Larson, Collection System Operations Department (CSO) Manager, and to his staff for their efforts. Mr. Dolan, General Manager-Chief Engineer, reported that a computerized scheduling program is being put into the maintenance activity at.CSO. . Also staff is developing plans to begin a multi-year program of installing overflow devices. One additional employee will be requi red in the CSO office to aid in this process. This proposal has been discussed with Member Dalton. With Member Dalton's approval, the staffing and scheduling changes will be presented to the Personnel Committee. If the Personnel Committee approves, this item will return to the full Board for Consideration. XII. EMERGENCY SITUATIONS RBlUIRING BOARD ACTION None 1. XIII. GENERAL MANAGER-CHIEF ENGINEER REPORTS a. Mr. Dolan, General Manager-Chief Engineer, reported that he and President Rainey attended a meeting with representatives of Contra Costa County, Al ameda County, and Tri-Vall ey Wastewater Authority (TWA) on March 4, 1988. The confusion which resulted in the Contra Costa County resolution concerning the TWA project was clarified. The role of Alameda and Contra Costa Counties in the issue of which sewage agency would provide serv~ces to the Gumpert/Shapell property was discussed. Service ..cO,3:}; 7 ~8ß ." ~ '. . 41 could be provided by either Central Contra Costa Sanitary District or Dubl in San Ramon Services District. It was determined that it was the Districts' and LAFCO's responsibilities to resolve this issue and that at this time there was no role that the Boards of Supervisors needed to play. Other topics of discussion included traffic and traffic control. All parties parted amicably. b. Mr. Dolan reported that the subject of rescheduling portions of the Board meetings for earlier in the day was opened at the last meeting. Various alternatives for rescheduling and structuring the Board meetings were discussed. Member Carlson indicated that it could be difficult for him to attend afternoon Board meetings. A discussion followed wherein the Board recognized Member Carlson's problem and the possible problem of potenti al Board Members and indicated they woul d not want to impose a hardship on any present or future Board Members. Following further discussion, it was moved by Member Rainey and seconded by Member Dalton, that District Board meetings be rescheduled to begin at 3 :00 p.m. on the first and third Thursdays of the month beginning with the first Board meeting in May. The motion was approved with Member Carlson voting no. President Rainey requested that Member Carlson advise the Board if a conflict becomesapparent. A discussion followed concerning the possibility of changing the order of the agenda. There was a consensus that no change be made at this time. c. A short time ago it was suggested by Member Cl ausen that staff plan to brief the Board on various Plant process considerations. Mr. Dolan reported that he discussed this idea with Plant Operations Depar'bnent Manager Charles Batts and both think it is a very good suggestion. Mr. Dolan discussed different approaches that could be used. Follow i ng di scussi on, there was a consensus that daytime workshops be scheduled to provide an overview of the plant process. d. agenda. The nitrification update was taken out of order earlier in the e. Mr. Dolan introduced Mr. Paul Morsen, Deputy General Manager, who reported that a written request has been sent to Acme Fill Corporation concerning the issue of their tipping fees. No response has been received to date but staff would hope to have a report at the next Board meeti ng. f. Mr. Dolan announced that the District is currently advertising for a gas chromatograph/mass spectrometer (GCMS). The estimated cost is $250,000. This piece of photo equipment is used to measure very tiny concentrations of organic material to meet regulatory reporting requirements. This work is now being done through outside contract. The District is also advertising for Phase I of the Plant Operations Department Remodeling Project. The estimated cost for the Plant remodeling, women's shower and locker room, and laboratory expansion is $180,000. g. Mr. Dolan announced that major regulatory developments are expected to have budgetary implications. Those include stack emissions testing, toxics and biomonitoring requirements, and CSO overflow reporting and the potential for fines. Member Carl son requested that an update on Proposi ti on 65 and its applicati on, i ncl udi ng warni ng requi rements, be presented at the next Board meeti ng. h. Mr. Dolan announced that Central Contra Costa Sanitary District has received a commendation from the Regional Water Quality Control Board commendi ng us for excell ent operati ons and mal ntenance of the Pl ant as exemplified by winning the EPA Region IX award. 03 17 .6,8 42 2. COUNSEL FOR THE DISTRICT Mr. James L. Hazard, Counsel for the District, stated that the report on the effect of a quorum on the actions of the Board will be presented at the next Board meeti ng. 3. SECRETARY OF THE DISTRICT None 4. BOARD MEMB ERS Member Dalton reported that the County is setting up an educational program concerning methods of disposal of solid waste. The Board of Supervisors will be approaching sanitary districts to subsidize this educational program. Member Dalton reported that at the March 16, 1988 Solid Waste Commission meeting, the attorney for the City of Concord made a presentation on the County development agreements for proposed landfill operations. A slightly different approach was used than that of Mr. Hazard, District Counsel, in his review of the development agreements, but the same conclusion was reached. Member Dalton reported briefly on the sludge and solid waste recycling conference he attended in San Diego on March 2, 3, and 4,1988. Member Boneysteele reported that the Regional Recycling Advisory Committee met on March 16, 1988. Topics of discussion at that meeting included reports on the area recycling programs, separate glass pick up at restaurants and taverns, and implementation of a white paper recycling program. ' Member Clausen reported that the JPA Policy Committee met on March 11,1988. A draft JPA was approved and will be distributed to the member agencies for comments and recommendations. Mr. Dol an reported that County Counsel has decided that since the Garaventa landfill proposal did not receive three affirmative votes, it is officially dead and cannot be brought up again without three affirmative votes of the Board of Supervisors. Mr. Dolan reported further that in a meeting with Valley Waste Management, he was informed that Valley Waste Management is actively pursuing a landfill off Marsh Creek Road. They believe that. in a three-year period they could have a 1 andfill ready to accept waste if no probl ems are encountered. XIV. ANNOUNCEMENTS President Rainey announced that the dedication of the Iron Horse Trail will be at 3 p.m. on March 24,1988, at the Alamo Women's Club. xv. QOSED SESSION This item was taken out of order earlier in the agenda. XVI. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION This item was taken out of order earlier in the agenda. xv II. ADJ OURNMENT COUNTERSIGNED: . 03 ./h S c e ry of the Can ral Contra a Sanitary District, County of, Contr,a:, Cp~ta, State of Cal Horni a .:, 1 7:'-'.~ ~