HomeMy WebLinkAboutBOARD MINUTES 05-05-88
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MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE CENTRAL CONTRA
COSTA SANITARY DISTRICT HELD ON MAY 5,1988
The District Board of the Central Contra Costa Sanitary District
convened in a regular meeting at its regular place of meeting, 5019
Imhoff Place, Martinez, County of Contra Costa, State of California, at
3:00 p.m. on May 5,1988.
In the absence of President Rainey, President Pro Tem Boneysteele
called the meeting to order and requested that the Secretary call roll.
I.
ROLL CALL
PRESENT:
Members: Dalton, Clausen, Boneysteele
ABSENT:
Members:
Carlson, Rainey
President Rainey had previously indicated that she would be unable
to attend this meeting and requested that she be excused.
Member Carlson entered the meeting at the hour of 3:03 p.m.
II. PUBLIC COMMENTS
None
III. APPROVAL OF MINUTES
1.
MINUTES OF APRIL 7,1988
It was moved by Member Clausen and seconded by Member Dalton, that
the minutes of April 7, 1988, be approved as presented. There being no
objection, the motion was approved with Members Carlson and Rainey being
absent.
Member Carlson entered the meeting at the hour of 3:03 p.m.
IV.
HEARINGS
1.
HOLD PUBLIC HEARINGS ON UNINHABITED DISTRICT ANNEXATION 98 AS.
AMENDED BY THE LOCAL AGENCY FORMATION COMMISSION (LAFCO)
Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that the
purpose of this publ ic hearing is to consider testimony of affected
property. owners before acting on the proposed annexations amended by
LAFCO. Mr. Dolan stated that staff is not aware of any objections to the
proposed annexations.
At 3:04 p.m., President Pro Tem Boneysteele opened the public
hearing to consider uninhabited District Annexation 98 as amended by
LAFCO. There being no comments either in favor of or in opposition to
the proposed uninhabited annexation, the public hearing was closed.
It was moved by Member Dalton and seconded by Member Clausen, that
Resolution Nos. 88-055, 88-056, 88-057, and 88-058 be adopted concurring
with and adopting the Negative Declaration of LAFCO and ordering the
annexation of all territory contained in uninhabited District Annexation
98 as amended by LAFCO. Motion approved on the following roll call vote:
AYES: Members: Dalton, Clausen, Carlson, Boneysteele
NOES: ~1embers: None
ABSENT: Members: Rainey
V. BIDS AND AWARDS
1. AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO McQUIRE AND HESTER FOR'
OUTFALL REHABILITATION PHASE II, DP 20056, AND AUTHORIZE $1,266,000
FROM' THE SEWER CONSTRUCTION FUND FOR THE TREATMENT PLANT PROGRAM
. ... " UNALLOCAT,E~ j\UTHORIZATIONS ACCOUNT
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Mr. Dolan, General Manager-Chief Engineer, stated that the low bid
submitted by McGuire and Hester came in approximately $100,000 over the
engineer's estimate. Upon review, it was staff's determination that the
difference was the result of contingencies provided for by the contractor
because of the uncertainties of this rather complicated project. Work of
this nature has been done by force account in the past and not
competitively bid. Staff would recommend award to the low bidder,
McGuire and Hester.
Following discussion of the uncertainties involved in the project
and the basis of the engineer's estimate, it was moved by Member Carlson
and seconded by Member Dalton, that award of the contract for
construction of District Project No. 20056, Outfall Rehabilitation Phase
II, be authorized to McGuire and Hester as the lowest responsible bidder
and that $1,266,000 be authorized from the Sewer Construction Fund for
the Treatment Plant Program Unallocated Authorizations Account. Motion
approved on the following roll call vote:
AYES: Members: Carlson, Dalton, Clausen, Boneysteele
NOES: Members: None
ABSENT: Members: Rainey
2.
AUTHORIZE AWARD OF CONTRACT TO RGM AND ASSOCIATES, INC. FOR
CONSTRUCTION OF DISTRICT PROJECT NO. 10039, PHASE I, TREATMENT PLANT
REMODEL
Mr. Dolan, General Manager-Chief Engineer, stated that as previously
discussed with the Board, the District is in the process of purchasing a
gas chromatograph/mass spectrometer (GC/MS) on a separate bid. ThiS
project will expand the laboratory area to accommodate the new GC/MS and
will create a women's locker room.
It was moved by Member Dalton and seconded by Member Clausen, that
award of the construction contract for Phase I, Treatment Plant Remodel,
GC/MS Lab - Women's Locker Room, be authorized to RGt1 and Associates,
I nc., the lowest res pons i b 1 e bidder. Mot i on app roved on the follow i ng
roll call vote:
AYES: ~'embers: Dalton, Clausen, Carlson, Boneysteele
NOES: Members: None
ABSENT: Members: Rainey
VI. CONSENT CALENDAR
It was moved by Member Clausen and seconded by Member Carlson, that
the Consent Calendar, consisting of four items, be approved as
recommended, resolutions adopted as appropriate, and recordings duly
authorized.
1.
Resolution No. 88-059, ordering completion of District
Annexation 98-A was adopted, concurring with and adopting the
Negative Declaration of LAFCO.
Motion approved on the following vote:
AYES: Members: Clausen, Carlson, Dalton, Boneysteele
NOES: Members: None
ABSENT:
Members:
Rainey
2.
Authorization was given for P.A. 88-11 (Danville)
included in a future formal annexation to the District.
to be
Motion approved on the following vote:
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AYES: Members: Clausen, Carlson, Dalton, Boneysteele
NOES: Members: None
ABSENT: Members: Rainey
3.
A hearing was scheduled for June 2,1988 regarding amendment of
the eminent domain action from acquiring easement rights to
acquiring fee title to Parcel 32. for the San Ramon Valley
Interceptor, Project 4224, and staff was directed to notify
property owners and other interests of the hearing.
Motion approved on the following vote:
AYES: Members: Clausen, Carlson, Dalton, Boneysteele
NOES: Members: None
ABSENT: Members: Rainey
4.
Publ ic hearings were set on June 2, 1988 to receive publ ic
comment on the establ ishment of the 1988-1989 Sewer Service
Charge rates, .the collection of such charges on the County tax
rolls and the 1988-1989 Capital Improvement Budget and Capital
Improvement Plan.
Motion approved on the following vote:
AYES: Members: Clausen, Carlson, Dalton, Boneysteele
NOES: Members: None
ABSENT: Members: Rainey
CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
Mr. Dolan, General Manager-Chief Engineer, requested that Items X.,
Personnel, XI., Solid Waste, and XV., Closed Session, be taken out of
order to accommodate interested persons in the audience.
x.
PERSONNEL
1.
ADOPT MEMORANDUM OF UNDERSTANDING (M.O.U.) WITH THE MANAGEMENT
SUPPORT/CONFIDENTIAL GROUP, EFFECTIVE MAY 1, 1988 THROUGH APRIL 30,
1991 .
Mr. Dolan, General Manager-Chief Engineer, reported that the
representatives working with the Management Support/Confidential Group
CMS/CG) have completed negotiation on the M.O.U. now before the Board for
decision. Staff strongly endorses the Board's approval of this M.O.U.
The negotiation process was a determined and diligent effort and
conducted in a highly profession manner by MS/CG.
President Pro Tem Bòneysteele thanked both MS/CG and the District's
representatives for reaching agreement .in a friendly and professional
atmosphere. All interests were fair,ly represented. President Pro Tem
Boneysteele expressed his feel ing that the publ ie's interest had been
well served and his hope that this M.O.U. will retain and attract high
caliber employees for the District.
Mr. Paul Morsen, Deputy General Manager, introduced the following
members of the MS/CG negotiating team:
Mr. Jim Belcher, President of the MS/CG and Associate Engineer in
the Plant Operations Department;
Mr. Wayne Miner, Machine Shop Supervisor in the Plant Operations
Department;
Mr. Tad Pilecki, Associate Engineer in the Engineering Division; and
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Mr. Jose Lopez, Shift Supervisor in the Plant Operations Department.
Mr. Morsen joined Mr. Dolan in his comments concerning the professional
nature of the negotiations and also strongly urged the Board to adopt the
agreement.
It was moved by Member Clausen and seconded by Member Dalton, that
the Memorandum of Understanding between the District and the Management
Support/Confidential Group be adopted effective May 1,1988 through April
30, 1991, and that Helen Baumgartner, Supervising Secretary (G-60
$2364-2860), be designated to have confidential status under the job
title Administrative Secretary (S-60 $2375-2871), effective May 1,1988.
Motion approved on the following roll call vote:
AYES:
Members:
Clausen, Dalton, Carlson, Boneysteele
NOES:
Members:
None
ABSENT:
Members:
Rainey
At this time President Pro Tem Boneysteele proceeded to Item XV.,
Closed Session.
xv.
CLOSED SESSION
1.
LABOR RELATIONS
The closed session was held pursuant to Government Code Section
54957.6 to meet with designated representatives prior to and during
consultations and discussions with representatives of employee
organizations and unrepresented employees 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 3:20 p.m., President Pro Tem Bòneysteele declared the closed
session to discuss labor relations. At 4:02 p.m., President Pro Tem
Boneysteele concluded the closed session and reconvened the meeting into
open session. .
XVI.
ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION
None
At this time, President Pro Tem Boneysteele returned to Item X.,
Personnel.
X.
PERSONNEL
1.
ADOPT MEMORANDUM OF UNDERSTANDING .(M.O.U.) WITH THE MANAGEMENT
SUPPORT/CONFIDENTIAL GROUP, EFFECTIVE MAY 1, 1988 THROUGH APRIL 30,
1991
Mr. Jim Belcher, President of the Management Support/Confidential
Group, stated that he was very pleased with the negotiations this year
and that he particularly appreciated the Board's input into the
negotiations and acknowledgment of the Management Support/Confidential
Group's requests. Mr. Belcher acknowledged appreciation of the Board's
efforts in the successful negotiation of this M.O.U.
At this time, President.Pro Tem Boneysteele proceeded to Item XI.,
Solid Waste.
XI.
SOLID WASTE
1.
CONSIDER REQUEST FROM CONTRA COSTA COUNTY FOR A LOAN TO FUND A
PUBLIC INFORMATION PROGRAM FOR RECYCLING
Mr. David B. Okita, Assistant Director of Contra Costa County
Community Development Department, appeared before the Board on behalf of
the Board of Supervisors requesting a loan to fund a County-wide sol id
waste public education program. The loan would be repaid by an
assessment on the tipping fee at a new landfill sited in the County. Any
agreement between the County and the Sanitary Districts would be based on
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the opening of a new landfill. If funding is secured, a steering
committee would be formed to develop the components of the educational
program. Mr. Okita stated that the educational prog.ram is intended to be
a yearly program and the District would be requested to provide
additional funds in subsequent years. Any money received would fund a
County-wide program.
Discussion followed concerning the need for a sol id waste publ ic
education program, the funding mechanisms, the appropriate agency to
operate such a program, and the equity of funding a County-wide sol id
waste program with funds from Central. County sewer service users or
garbage service users in Lafayette, Moraga, Orinda, Danville, and the
unincorporated Central CountY,areas.
Mr. Dolan, General Manager-Chief Engineer, stated that while there
is apparently not a great deal of support for the request for a loan to
fund the County-wide sol id waste publ ic information program, both the
Board and staff recognize the need for this type program and the
necessary and valuable work being done by Mr. Okfta and his staff. It
may be possible to implement the program at the local level and obviate
the need for this service at the County level.
It was the consensus of the Board, that the request from Contra
Costa County for a loan to fund a solid waste public education program be
referred to the JPA Feasibility Study Committee and the Regional
Recycl ing Advisory Committee for consideration and report back to the
Board of Directors.
Mr. Okfta thanked the Board and indicated that he would express the
Board's concerns to the Board of Supervisors.
At this time, President Pro Tem Boneysteele returned to the order of
the agenda.
VII.
ENGINEERING
1.
AUTHORIZE THE GENERAL MANAGER-CHIEF. ENGINEER TO EXECUTE AN AGREEMENT
WITH EAST BAY MUNICIPAL UTILITY DISTRICT (EeMUD) FOR RELOCATION OF
'WATER LINES FOR THE I680/SR24 SEWER RELOCATIONS PROJECT, DP 4428'
Mr. Dolan, General Manager-Chief Engineer, stated that authorization
is requested to enter into an agreement with EBMUD that would provide for
relocation of water 1 ines so the District sewer could be relocated in
their place. Caltrans will reimburse the District for all costs
i ncu rred .
Following discussion, it was moved by Member Carlson and seconded by
Member Dalton, that the General M~nager-Chief Engin~er be. authorized to
execute an agreement with East Bay Municipal Utility District for the
relocation of water 1 ines for the I680/SR24 Sewer Relocations Project,
DP 4428. Motion approved on the following roll call vote:
AYES:
Members:
Carlson, Dalton, Clausen, Boneysteele
NOES:
Members:
None
ABSENT:
Members:
Rainey
VIII.
APPROVAL OF EXPENDITURES
1.
EXPENDITURE LIST DATED MAY 5,1988
Member Dalton, member of the Budget and Finance Committee, stated
that he and Member Boneysteele .reviewed the expenditures and found. them
to be satisfactory.
It was moved by Member Dalton and seconded by Member Clausen, that
the Expenditure List dated May 5, 1988, including Self-Insurance Check
Nos. 100262-100263, Running Expense Check Nos. 38957-39222, Sewer
Construction Check Nos. 5650-5702, and Payroll Check Nos. 13010-13272, be
approved as recommended.
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Member Clausen questioned the number of requests for reimbursement
of overtime meals. Staff will check into this matter and advise the
Board.
There being no objection, the above motion was approved with Member
Rainey being absent.
IX.
BUDGET AND FINANCE
REVIEW THE FINANCIAL STATUS OF THE SELF-INSURANCE FUND AND APPROVE
THE INCLUSION OF $500,000 FOR THE FUND IN THE 1988-19890 & M BUDGET
1.
Mr. Jack E. Campbell, Administrative Operations Manager, stated that
last year the Board considered a five-year plan for continuing to build
and establish the Self-Insurance Fund reserve. At that time the Board
indicated preference for continuing to build the Fund by use of 0 & M
funds and interest earnings. Mr. Campbell stated that projections were
made and used in determining the figure for inclusion in the Fund in the
1988-1989 0 & M Budget as set forth in Exhibit A to the position paper.
A discussion followed concerning the distinction between claims
adjusting, insurance consulting, and technical services; the loss
payments projection; and insurance premiums. . .
Following the discussion, it was moved by Member Carlson and
seconded by Member Dalton, that $500,000 for the Self-Insurance Fund be
approved for inclusion in the 1988-1989 0 & M Budget. There being no
objection, the motion was approved with Member Rainey being absent.
2.
RECEIVE THE 1988-1989 EQUIPMENT BUDGET FOR REVIEW
Mr. Dolan, General Manager-Chï'ef Engineer, stated that staff met
with Capital Projects Committee Members Carlson and Clausen to review the
1988-1989 Equipment Budget requests. Staff appreciated the direct
communication and very helpful suggestions provided by the Committee. As
a result of the Committee's advice and inquiries, changes were
incorporated into the Equ i pment Budget. Memoranda summari zing those
changes were provided to the full Board. .
It was noted for the record, that President Pro Tem Boneysteele
abstained from discussion of the IBM computer request and the GE radio
request bec~use of a conflict of interest.
Member Carlson reported that he and Member Clausen reviewed the
Equipment Budget requests with staff. Member Carlson stated that staff
addressed the majority of concerns raised and the Committee would
recommend that the Equipment Budget be approved as amended.
Member Clausen stated that the Committee was concerned about the
substantial increase in the cost of equipment for CSO during recent
years. This has been part of a necessary replacement program. Once a
rotation program is in place, it is hoped that such large expenditures
will not be required in the future.
It was the consensus of the Board that the proposed 1988-1989
Equipment Budget be received for review.
3.
CONDUCT A BOARD WORKSHOP ON THE DRAFT 1988 TEN-YEAR CAPITAL
IMPROVEMENT PLAN AND THE DRAFT FISCAL YEAR 1988-1989 CAPITAL
IMPROVEMENT BUDGET
Mr. Robert A. Baker, Deputy Chief Engineer, stated that the
objectives of the Capital Improvements Pl an are to: 1) obtain pol icy
approval of program goals and objectives; 2) establish project priority
and schedule; 3) define staffing levels needed to accompl ish program
goals and objectives and project priority and schedule; and 4) establish
review requirements for fee analysis. Mr. Baker highlighted the program
goals outlined in the Attachments 2, 3, and 4 to the position paper. Mr.
Baker reviewed the cash flow analysis of anticipated revenues and
expenditures for the programs included in the Board packet. Without a
rate increase, funds in the Sewer Construction Fund will be depleted near
the end of the ten-year planning period.
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Mr. James Coe, Associate Engineer, stated that the objectives of the
Capital Improvement Budget are to provide: 1) comprehensive overview;
2) near term planning priorities; and 3) accountability. By adoption of
the Capital Improvement Budget, the Board will authorize staff to proceed
with the projects listed under each budget program and will approve
: projects that are categorically exempt under the California Environmental
Quality Act (CEOA). Mr. Coe stated that an additional authorization of
$19,856,000 is requested in the 1988-1989 fiscal year to pursue the
programs contained in the Capital Improvement Budget. It is estimated
that $16,771,000 will be carried over from Fis~~~ Year 1987-1988, for a
to1;al authorization for Fiscal. Year 1988-1989 of $36,627,000. This is
within two and one-half percent (2 1/2%) of the total figure requested in
the previous year. .
Following discussion of easement acquisftions and the Treatment
Plant Landscape Proj~ct, the draft 1988 Ten-Year Capital Improvement Plan
and the draft Fiscal Year 1988-1989 Capital Improvement Budget were
calendared for Board action on June 2,1988.
1.
X. PERSONNEL
ADOPT MEMORANDUM OF UNDERSTANDING (M.O.U.) WITH THE MANAGEMENT.
SUPPORT/CONFIDENTIAL GROUP, EFFECTIVE MAY I, 1988 THROUGH APRIL 30, .,
1991
This item was taken out of order earlier in the agenda.
XI.
SOLID WASTE
1.
CONSIDER REQUEST FROM CONTRA COSTA COUNTY FOR LOAN TO FUND A PUBLIC
INFORMATION PROGRAM FOR RECYCLING'
This item was taken out of order earlier in the agenda.
XII.
EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None
1.
XIII .
GENERAL MANAGER-CHIEF ENGINEER
REPORTS
a. Mr. Dolan, General Manager-Chief Engineer, reported that
pu rsuant to a recent 1 aw authored by Assemb 1 yman Tom Hayden, the State
Water Resources Control Board (SWRCB) is in the process of drafting
regulations on overflow reporting. Mr. John Larson, Collection System
Operations Department Manager, has involved CASA and the Bay Area Section
of California Water Pollution Control Association (CWPCA) in his efforts
to negotiate more reasonable reporting requirements. As a result, the
SWRCB has established the state-wide minimum reportable quantity for many
of the overflows at 1,000 gallons rather than 50 gallons.
b. Mr. Dolan reported that staff met with Mrs. Murgia, who is
present today, with regard to the overflow claim presented at the April
21, 1988 Board meeting. Staff still believes that the claim should be
denied when it is presented to the Board for consideration. However,
because of the existence of a proposed upstream development which will
affect the piping in the immediate vicinity of the Murgia home, the
possibility of a solution to the piping problem that would be beneficial
to all parties is being discussed. Staff will meet with Mrs. Murgi~ and
the developer to discuss this further. The claim will be placed on the
May 19,1988 agenda for Board action.
At the hour of 5:37p.m., Member Dalton requested to be excused and
left the meeting.
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c. Mr. Dolan announced the District is currently advertising for
the I680/SR24 Sewer Relocation Project.
d. With regard to the Bedford agreement amendment, Mr. Dol an
announced that Mr. Winton Jones' appeal was heard by the County Planning
Commission. The decision was held until the May 24,1988 County Planning
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Commission meeting to allow staff to meet with County Counsel on the
legal issues of whether or not an EIR is required. If the County
Planning Commission decides that an EIR is not required, Mr. Jones could
appeal the decision to the Board of Supervisors. It appears there will
be a long delay before this matter is brought back to the Central Contra
Costa Sanitary District Board of Directors for consideration.
e. Mr. Dolan announced that in a meeting with Contra Costa Water
District (CCWD) representatives on May 5, 1988, staff was advised that
CCWD is having a problem with their alum sludge project. They requested
that the District take .alum sludge on a short-term basis with the
possibility that we act as the back-up facility for the long-term. Staff
will be discussing this further in an effort to bring about an end to our
lawsuits or to achieve some other mutually beneficial end.
2.
COUNSEL FOR THE DISTRICT
None
3.
SECRETARY OF THE DISTRICT
Mr. Joyce McMill an, Secretary of the District, requested that the
Board reaffirm or modify District regulations with regard to word limit,
payment of costs, and payment of a deposit for candidate statements for
the November 8,1988 District election.
It was moved by Member Carlson and seconded by Member Clausen, that
candidates seeking election to the District Board of Directors in the
November 8,1988 District election be responsible for paying all pro rata
costs concerning publication of thei r respective candidate statements;
that the statements be limited to 400 words; and that ten (10) percent of
the estimated cost of publishing the statement be collected at the time
of filing, with the balance being due ten (10) days after the election.
There being no objection, the motion was approved with Members Dalton and
Rainey being absent.
Ms. McMill an stated that she woul d submit a 1 etter to the County
Election Department indicating the Board's action, together with copies
of the most recent map outlining the District's boundaries.
4.
BOARD MEMBERS
Because of the absence of Member Dalton, there was no report of the
County Solid Waste Commission meeting.
President Pro Tem Boneysteele reported that the County's request for
a loan to fund a solid waste public information program will be
calendared for consideration at the next Regional Recycl ing Advisory
Committee meeting in July 1988.'
Member Clausen reported that the JPA Feasibil ity Study Committee
will meet on May 6,1988.
XIV.
ANNOUNCEMENTS
Member Carlson announced that there will be a CASA meeting on May 13
and 14, 1988. Member Carlson stated that he will provide staff with
information he received concerning the CASA Safety Contest.
President Pro Tem Boneysteele announced that he will attend the Town
of Danville reception planned for May 6, 1988 to welcome their new
Council Member and City Manager.
xv.
CLOSED 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.
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0,5.
XVII .
ADJOURNMENT
There being no further business to come before the Board, President
Pro Tem Boneysteele adjourned the meeting at the hour of 5:43 p.m.
COUNTERSIGNED:
0' '/1 ' .
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Secr~t ry of the C ntral Contra
Costa Sanitary District, County
of Contra Costa, State of California
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