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HomeMy WebLinkAboutBOARD MINUTES 08-01-96 127 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON AUGUST 1, 1 996 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 2:00 p.m. on August 1, 1996. President Menesini called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Rainey, Dalton, Hockett, Boneysteele, Menesini ABSENT: Members: None 2. PUBLIC COMMENTS None 3. AWARDS AND COMMENDATIONS a. RECEIVE 1995 ASSOCIATION OF METROPOLITAN SEWERAGE AGENCIES (AMSA) GOLD AWARD IN RECOGNITION OF COMPLIANCE WITH NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT President Menesini introduced Mr. Charles W. Batts, Plant Operations Department Manager, who accepted the 1995 Association of Metropolitan Sewerage Agencies (AM SA) Gold Award on behalf of the Board of Directors and the District. The AMSA Gold Award is presented in recognition of the District's significant compliance with the NPDES Permit throughout the entire year of 1995. Mr. Batts presented the AMSA Gold Award to Mr. Ted Smith, Plant Operations Superintendent, and congratulated Mr. Smith and the Plant Operators for their work in 1995. On behalf of the Board of Directors, President Menesini commended Mr. Smith and the Plant Operations Department staff for their diligent work in operating the Plant. Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that this award, recognizing a year without an enforceable violation, represents a significant accomplishment. Because the District has installed a continuous chlorine monitoring system, it is a challenge to complete a full year without a violation. With the installation of the Ultraviolet (UV) Disinfection System, it is hoped that the District can repeat this achievement. Mr. Dolan joined the Board in commending Mr. Smith and the Plant Operations staff. 4. CONSENT CALENDAR Following discussion of the sanitary sewer easement for the lakewood Subbasin Renovation Project, it was moved by Member Rainey and seconded by Member Hockett, that the Consent Calendar, consisting of Items a. through f., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 96-108 accepting an easement at no cost to the District from the City of Walnut Creek, Job 5013, Parcel 2, Walnut Creek area, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Hockett, Dalton, Boneysteele, Menesini None None 08 01 96 128 b. Resolution No. 96-109 accepting an easement at no cost to the District from Lucia G. Escobedo, Job 1812, Parcel 1, Martinez area, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Hockett, Dalton, Boneysteele, Menesini None None Resolution No. 96-110 accepting an easement at no cost to the District from Audrey O'Mara, Trustee, Job 1812, Parcel 2, Martinez area, was adopted and recording was authorized. c. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: d. Rainey, Hockett, Dalton, Boneysteele, Menesini None None A Grant of Easement was accepted from the City of Orinda for the Shell Pipeline, Job 7164, staff was authorized to record appropriate documents with the Contra Costa County Recorder, and Resolution No. 96-111 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Hockett, Dalton, Boneysteele, Menesini None None Grants of Easement were accepted from Ms. Judith L. Feldman and from Mr. Douglas E. Smith and Mrs. Anne Smith for the Lakewood Subbasin Renovation Project, DP 4805, staff was authorized to record said Grants of Easement with the Contra Costa County Recorder, and Resolution Nos. 96- 112 and 96-113 were adopted to that effect. e. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: f. Rainey, Hockett, Dalton, Boneysteele, Menesini None None Resolution No. 96-114 was adopted, confirming that publication has been made of District Ordinance No. 198, which amends and adds provisions within Title 1, Title 5, Title 9, and Title 10 of the District Code. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: 08 01 96 Rainey, Hockett, Dalton, Boneysteele, Menesini None None None a. 129 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER 6. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that the Planning Division staff has been making good progress on the joint planning efforts between East Bay Municipal Utility District (EBMUD) and Central Contra Costa Sanitary District (CCCSD) on the lamorinda Recycled Water Project. Soon staff will be presenting a position paper to the Board requesting authorization to move forward with the California Environmental Quality Act (CEOA) process. In preparation for that, the consultant Barakat and Chamberlin and District staff have prepared an update for the Board. Mr. Dolan introduced Ms. Lynne Putnam, Senior Engineer, who reviewed the proposed lamorinda Recycled Water Project as presented at the May 30, 1996 Board Workshop. Ms. Putnam reported that the total capital cost of the project remains at $12.3 million. The cost per acre foot has decreased from $1,219 to $1,150 with the identification of additional landscape customers. Since May 30, 1996, the Steering Committee, comprised of EBMUD and CCCSD staff members, has identified cost savings, added customers, and tentatively selected a consultant for the Facilities Plan and CEQA process. Ms. Putnam introduced Mr. Paul Eisenhardt, of Barakat and Chamberlin, who stated that for the past year he has been working with EBMUD and CCCSD staff in a series of workshops. Mr. Eisenhardt stated that the focus of these workshops has been on the jurisdictional structure and implications of such on various components of the project. Mr. Eisenhardt reviewed the institutional options investigated ranging from a Joint Powers Agreement to own/operate the system, to CCCSD entering into a contract with EBMUD, to CCCSD proceeding without EBMUD. Mr. Eisenhardt reviewed the findings of the Steering Committee with regard to each option and the recommendation that a contract option be pursued. Essentially, CCCSD would be the wholesale supplier of recycled water committing to EBMUD that a certain amount of recycled water would be provided at a certain price. This would amount to a take or pay contract to ensure that there is a revenue stream for CCCSD and to ensure that the necessary amount and quality of recycled water is supplied to EBMUD. Mr. Eisenhardt stated that very preliminary discussions have begun with regard to Principles of Agreement, covering the following: . Ownership/Operation of Facilities . loans/Financing . Cost Sharing . Risk/Indemnification . Reversion Clause . Rate Setting Discussion followed with regard to ownership of the Shell Pipeline and reversion circumstances. Mr. Eisenhardt stated that if CCCSD transfers the Shell Pipeline to EBMUD for the single purpose of transporting recycled water, EBMUD would then have a number of years to put into use the pipeline for recycled water transport. If that does not occur, CCCSD can then reassume ownership of the pipeline. If CCCSD transfers the Shell Pipeline to EBMUD, CCCSD would also transfer the high pressure 08 01 96 130 08 maintenance and liability related to the pipeline. The Principles of Agreement would also include language to ensure that the pipeline is properly maintained so it is in good condition if it reverts to CCCSD. Ms. Putnam stated that at the end of the May 30, 1996 Board Workshop, staff felt there was a commitment from the Board to go further with a joint study with EBMUD. The staff of both agencies have tentatively selected a consultant, HY A/Dames & Moore, for that work. The consultant contract for the work is $ 227,000 plus $13,000 for Giardia and Crypto sporidium testing, for a total of $240,000. EBMUD and CCCSD will each pay half of that cost, or $120,000. It will be necessary to amend the existing agreement between EBMUD and CCCSD and a position paper will be presented to the Board in the near future. Ms. Putnam stated that the issue of which agency will serve as the lead agency for the CEQA process has arisen. Because of the commitment of the EBMUD Board and staff, the Future Water Plan Goal of 8 MGD, environmental exposure, potential financial commitment, and the fact that only one lead agency is permitted, it would seem that EBMUD is the most likely lead agency for the CEQA process. If at the end of the process, EBMUD decides not to go forward, CCCSD could then proceed alone without having lost any time or money. Ms. Putnam stated that a position paper will be prepared for Board consideration on August 15, 1996. In addition, staff would like to schedule a Board Workshop in the Fall to discuss the Principles of Agreement and public information component of the project. Following discussion of the estimated price of the recycled water and issues relating to ownership and operation of the Shell Pipeline, there was a consensus of the Board to proceed. 2) Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Bart Brandenburg, Source Control Program Superintendent, who stated that in an effort to improve the Annual Pollution Prevention Awards Program, this year staff is inviting applications from businesses and organizations in the District service area. Mr. Brandenburg distributed copies of the application form which will be mailed to approximately 1 500 businesses and organizations. As in previous years, the Source Control Inspectors will submit nominations as well. Mr. Brandenburg invited any interested Board Members to participate on the selection committee. Following discussion of the program, Members Hockett and Menesini volunteered to assist staff on this program. 3) Mr. Dolan, General Manager-Chief Engineer, stated that for a number of years there has been an on-going function at the District to ensure that the District is well prepared in the event of an emergency. This has been done in two ways: 1) hardening facilities, and 2) developing and training ourselves on emergency procedures such as the Comprehensive Emergency Response Plan. Communication in the event of an emergency is an issue. Mr. Dolan introduced Ms. Bonnie Allen, Risk Manager, who stated that effective communication is essential in the event of a disaster. Ms. Allen provided an overview of the current District communication systems which include two radio systems (high band and low band), telephone system, fax machines, computers and modems, and cellular telephones. While these systems function adequately on a day-to-day basis, some upgrades and hardening of the existing systems is planned for emergency response. No changes are recommended to the telephone or computer systems except to bring the Emergency Operations Centers on line. In addition, it is recommended that radios continue to be provided for the Emergency Operations Centers and that six to eight mobile telephones be provided to . Emergency Response Team Leaders. These individuals were selected based on such things as their technical knowledge and where they live. They have been trained in their emergency response roles. It is recommended that the District purchase mobile telephones so the Emergency Response Team Leaders have a means of communication should a disaster occur during off work hours. To avoid the potential for personal use or abuse, it is 01 96 b. 131 recommended that the employees acquire the mobile telephones and pay the monthly cost. The District would reimburse employees for the fixed monthly service charge and any calls made during a District emergency. The Emergency Response Team Leader would then be responsible for paying for all other calls. Following discussion of the cooperative emergency arrangements with the County and Cities, it was the consensus of the Board that staff proceed as recommended to acquire communications equipment for the Emergency Operations Centers and Emergency Response Team Leaders. 4) Mr. Dolan, General Manager-Chief Engineer, stated that at the last Board Meeting staff was asked to learn what we could about the County Charter issue and report back at this meeting. At this point, not much has been learned about the County's plans because they are fairly non-specific. The County has put the question of forming an advisory committee on the November 1996 ballot, presumably as a way of getting public buy in. District staff is trying to get additional information and will report back to the Board as soon as more information is available. 5) Mr. Dolan, General Manager-Chief Engineer, reported that the District has received word that the State Water Resources Control Board has approved a low interest loan (approximately 3 percent) in the amount of $2.5 million for the project to improve the Filter Plant and connect it to the Pleasant Hill Zone 1 recycled water pipeline. The District will be advertising for that project in the near future. The engineer's estimate for this work is $2.4 million. 6) Mr. Dolan, General Manager-Chief Engineer, announced that expenses have been accumulating for a number of years on Bollinger Canyon. Approximately $400,000 in costs that are truly operational have accumulated but have not been expensed pending resolution of disputes. The disputes are now settled. Staff will approach the Budget and Finance Committee with a plan to write this off as part of the 1 995-1 996 Operations and Maintenance Budget. After review by the Budget and Finance Committee, the matter will then be brought to the full Board for approval. 7) Mr. Dolan, General Manager-Chief Engineer, stated that at the last Board Meeting, the Board gave approval to charging interest and penalties for overdue accounts receivable. This was one of several things done to tighten down billing and receivables management. Good progress is being made in this area. At the last Board Meeting, Member Boneysteele questioned the Pacific Bell accounts receivable. Staff has contacted Pacific Bell and negotiated a bill which will be resent. Pacific Bell has indicated a willingness to pay. 8) Mr. Dolan, General Manager-Chief Engineer, announced that the District is advertising for two Programmable Logic Controllers (PLC) with Remote 1/0 Drops. The estimated cost is $35,000. 9) Mr. Dolan, General Manager-Chief Engineer, announced that Laboratory Superintendent Bhupinder Dhaliwal's paper on toxicity was accepted for publication in one of the most prestigious toxicology journals. Mr. Dhaliwal has built a consensus for change of the Environmental Protection Agency's bioassay test protocols. 10) Mr. Dolan, General Manager-Chief Engineer, announced that he will be out of town next week attending an American Academy of Environmental Engineers (AAEE) Meeting followed by a few days of vacation. COUNSEL FOR THE DISTRICT 1 ) Mr. Kenton L. Aim, Counsel for the District, provided a brief overview of the Right to Vote on Taxes Initiative, noting that a presentation will be made at 08 01 96 132 c. d. 08 the August California Association of Sanitation Agencies (CASA) Meeting. The Right to Vote on Taxes Initiative is a Constitutional Amendment. If passed, it cannot be revoked by the Legislature other than by going back through the Constitutional Amendment process. However, the Legislature can promulgate legislation to carry out the provisions and amplify on the premises contained in the Initiative. The Initiative deals with three sources of revenue applied to local agencies: 1) taxes, 2) assessments, and 3) fees and charges. Mr. Aim stated that the District does not receive taxes and the Initiative would not apply to assessments in the case of the District. With regard to fees and charges, the proposal deals with three specific issues: . The Initiative sets up certain requirements for cost benefit analysis for any new fee or charge. Mr. Aim stated that it appears that the District currently meets these requirements. . The Initiative sets up a procedure for adoption of any new fees and charges which requires mailed notice to all of the property owners affected by the fee or charge. This would be an additional requirement for the District. . The Initiative requires voter approval on all new fees and charges; however, there is a exemption for new sewer service fees and charges. SECRETARY OF THE DISTRICT 1 ) Ms. Joyce E. Murphy, Secretary of the District, reported that four individuals have taken out papers for election to the Board of Directors: Michael E. Cameron, Barbara D. Hockett, Marvin Lindorf, and Mario M. Menesini. To date, no one has filed. The deadline for filing is 5:00 p.m. on August 9, 1996. BOARD MEMBERS 1 ) Member Hockett reported on the July 25, 1996 Sanitation and Water Agencies meeting at which Regional Water Quality Control Board Executive Officer Loretta Barsamian spoke on watershed management and other issues facing the Regional Board. 2) President Menesini reported that he and Member Boneysteele recently toured the Martinez Pumping Station. Member Boneysteele stated that he was impressed with the pumping station itself, the on-going construction, the up-to-date technology, and attempts being made by both the District and the contractor to keep disputes to a minimum and to resolve them as they arise. President Menesini concurred, suggesting that a ribbon cutting celebration be held to open the facility when the construction is completed. 3) President Menesini announced that the Environmental Alliance is proceeding with a study of the Alhambra Creek Watershed including the Franklin Watershed and approximately 300 acres of park lands. Meetings will be held with farmers in the area to discuss their concerns and issues relating to cattle grazing. The study will serve as a coordinated resource management and planning document for local input and as a tool to help people begin to understand the importance of protection of the watersheds. It is hoped that this will be expanded to the Walnut Creek and San Ramon Watersheds in the future. 4) President Menesini announced that a series of workshops is being conducted by the Environmental Alliance on such issues as underground tanks, recycled water, and agricultural mulching. The next workshop will be held at noon on August 19, 1996 at the Martinez City Hall. 01 96 133 a. 7. ENGINEERING AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO ALLOCATE $1 25,000 FROM THE COLLECTION SYSTEM PROGRAM CONTINGENCY ACCOUNT FOR THE NEWELL AVENUE EMERGENCY REPAIR PROJECT, DP 5159 Mr. Dolan, General Manager-Chief Engineer, reported that the work on the Newell Avenue Emergency Repair Project has been completed and an agreement has been reached with CalTrans to reimburse the District. Following discussion, it was moved by Member Rainey and seconded by Member Dalton, that the General Manager-Chief Engineer be authorized to allocate $125,000 from the Collection System Program Contingency Account for the Newell Avenue Emergency Repair Project, DP 5159. There being no objection, the motion was unanimously approved. a. 8. HUMAN RESOURCES DENY APPEAL OF GRIEVANCE BY UNION ON BEHALF OF RUSSELL LEAVITT. PLANNING ASSISTANT. IN ACCORDANCE WITH THE ARBITRATOR'S RECOMMENDA TION Mr. Dolan, General Manager-Chief Engineer, stated that no presentation was planned since the Arbitrator's recommendation was quite complete. It is recommended that the appeal of grievance by the Union on behalf of Planning Assistant Russell Leavitt be denied in accordance with the Arbitrator's recommendation. Mr. Russell Leavitt, Planning Assistant, addressed the Board, stating that he felt the reclassification was warranted and that the Arbitrator's recommendation is disappointing. Mr. Leavitt described the unique nature of his position; the increasing legislative analysis, advocacy and interagency responsibilities; the lack of promotional opportunity; and his advanced education and certification accomplishments. Member Hockett stated that she appreciated Mr. Leavitt's comments and his efforts on behalf of the District. Member Hockett was joined by the full Board in recognizing Mr. Leavitt's achievements, but stated that there is and must be a compromise between an employee's efforts to improve himself/herself counterbalanced by the District's budgetary restraints and considerations. It was moved by Member Hockett and seconded by Member Boneysteele, that the grievance of the Union on behalf of Planning Assistant Russell Leavitt be denied and dismissed in accordance with the Arbitrator's recommendation as the final action of the District. There being no objection, the motion was unanimously approved. 9. CORRESPONDENCE a. NOTE RECEIPT OF LETTER FROM DAVID SEllER. GENERAL MANAGER OF EXCEL LINEN SUPPLY. CONCERNING CLASS II INDUSTRIAL USER PERMIT: REMAND TO STAFF FOR REVIEW AND REPORT BACK TO THE BOARD Receipt of the letter fromMr. David Selier, General Manager of Excel Linen Supply, concerning Class II Industrial User Permit, was noted. Mr. Dolan, General Manager-Chief Engineer, reported that Source Control staff has met with Excel Linen Supply representatives and reached a resolution of this matter agreeable to both Mr. David Selier of Excel Linen Supply and the District. Excel Linen Supply will continue to service pet groomer towels and shop towels. The Class II permit will remain in place. No sampling will be done by Excel Linen Supply, but the District will perform sampling and analysis for a period of two years. If, after that time, there are no problems, Excel's permit could be reduced to the Class 11/ category. The Board voiced no objection to this resolution of the issue. 08 01 96 134 10. APPROVAL OF MINUTES a. MINUTES OF JULY 18. 1996 It was moved by Member Hockett and seconded by Member Boneysteele, that the minutes of July 18, 1996, be approved with the following correction. On page 7, Item d. 2), the first word was changed from "Mr." to "Member." There being no objection, the motion was unanimously approved. 11. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED AUGUST 1. 1 996 Member Boneysteele, Chair of the Budget and Finance Committee, stated that he and President Menesini reviewed the expenditures and found no objections. It was moved by Member Boneysteele and seconded by President Menesini, that the Expenditure List dated August 1, 1996, including Self-Insurance Check Nos. 101161- 101170, Running Expense Check Nos. 97771-98211, and Sewer Construction Check Nos. 17277-17365, be approved as recommended. There being no objection, the motion was unanimously approved. 12. BUDGET AND FINANCE a. RECEIVE FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED JUNE 30. 1996 Ms. Deborah Ratcliff, Controller, provided an overview of the financial results of District operations for 1995-1996. Ms. Ratcliff stated that these results are preliminary and a more detailed report will be presented to the Board after completion of the audit which is scheduled to begin August 12, 1996. Ms. Ratcliff provided a brief report of operations and maintenance revenues, expenses, and reserves for the fiscal year ended June 30, 1996. Actual revenues of $27,897,000 were $179,000 less than budget, representing a 0.6 percent unfavorable variance. Actual expenditures of $26,876,000 were $793,000 less than budget, representing a 2.9 percent favorable variance. As a result of these savings, reserves increased to a balance of $7,153,000 at June 30, 1996. Ms. Ratcliff reported that the Self-Insurance Fund actual revenues of $ 947,000 were $99,000 less than budget, representing a 9.5 percent unfavorable variance. This was primarily due to subrogation recoveries not being received. Actual expenditures of $891,000 were $30,000 less than budget, representing a 3.3 percent favorable variance. The Self-Insurance Fund balance at June 30, 1996 was $5,213,000. Ms. Ratcliff reported that the District's temporary investments were held in Treasury bills and Treasury notes and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 5.01 percent to 5.8 percent. The latest interest rate as of June 1996 was 5.8 percent. The average yield for the LAIF account through May 1996 was 5.5 percent. Mr. Jay S. McCoy, Infrastructure Division Manager, provided an update on the Rossmoor Sewer Project, Phase 2. Mr. McCoy stated that $524,000 is available for Phase 2. The budget for Phase 2 work is $460,000. Phase 2 includes installation of 81 new manholes, reconstruction of 900 feet of existing sewer pipes, and repair of 200 feet of existing sewer pipes. Estimated expenditures as of August 1, 1996, were $200,000 or 43 percent of budget. Mr. McCoy showed slides of the construction. President Menesini thanked Ms. Ratcliff and Mr. McCoy for their reports and declared that the Financial Statements for the Fiscal Year ended June 30, 1996 were duly received. 13. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 08 01 96 135 14. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None 15. CLOSED SESSION a. SIGNIFICANT EXPOSURE TO LITIGATION The closed session was held to discuss significant exposure to litigation pursuant to Subsection (b) of Section 54956.9 of the Government Code. One potential case was discussed. At 4:45 p.m., President Menesini declared the closed session to discuss significant exposure to litigation pursuant to Government Code Section 54956.9(b). At 4:53 p.m., President Menesini concluded the closed session and reconvened the meeting into open session. 16. REPORT OF DISCUSSIONS IN CLOSED SESSION Mr. Kenton L. Aim, Counsel for the District, stated that no decisions were made nor votes taken that require reporting at this time. 1 7. ADJOURNMENT There being no further business to come before the Board, President Menesini adjourned the meeting at the hour of 4:53 p.m. A~fl' ... President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 08 01 96