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HomeMy WebLinkAboutBOARD MINUTES 05-05-88 62 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 0."5' 0"5" tS'~> 63 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: Ô5 05<88 64 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 05 .'- .~. . "~ ., o~ 88 " , 65 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 >0'5'0',5 .:8'.'8 66 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. .05 0'5 8,8 . . ,. . . . , :". ~ ,. " ;: . ,~, \ ' ':,. .: 67 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. 05 05 88 68 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. 05 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 05 88 69 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. 05 05 gS 70 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 ' . , " '., L-'- .'. Secr~t ry of the C ntral Contra Costa Sanitary District, County of Contra Costa, State of California 05 88