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HomeMy WebLinkAboutBOARD MINUTES 09-05-96 144 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON SEPTEMBER 5, 1996 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 September 5, 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 THE 1996 CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA) INNOVATION AWARD FOR DEWATERING PROCESS REDESIGN TEAM (PRT) EFFORTS Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that it was with a great deal of pleasure that he and the Board of Directors witnessed the presentation of the first California Association of Sanitation Agencies (CASA) Innovation Award to the Central San Dewatering Process Redesign Team (PRT) represented at the CAS A Conference by Maintenance Technician III, Mechanical Dave Hollenbach, Assistant Control Systems Engineer Bill McEachen, and Plant Operator II James Minor. Messrs. Hollenbach, McEachen, and Minor represented perhaps a dozen people who were on the PRT or "consultants" to it. The Dewatering PRT studied the dewatering process and found several ways to save substantial amounts of money, improve communications, and turn this into a very smooth process by innovation and application of their collective wisdom. The CASA Innovation Award represents statewide recognition for the work District employees are doing on Work Redesign. President Menesini stated that when he first heard of Work Redesign he felt that it might be just another fad that would fade away. That was not the case, however. The work of the Dewatering PRT and the District's Work Redesign Program have resulted in real dollars savings to the ratepayers. The Dewatering PRT alone has produced an annual savings of more than $80,000. President Menesini presented the 1996 CAS A Innovation Award to Messrs. McEachen and Minor and commended the Dewatering PRT Members and "consultants" throughout the District, and all those who have supported the District's Work Redesign effort. 4. CONSENT CALENDAR 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. 96-120 accepting work and Offers of Dedication from Belmont Development, Inc., Job 5044, Parcel 1, was adopted and recording was authorized. Motion unanimously approved on the following vote: 09 05 96 AYES: Members: NOES: Members: ABSENT: Members: 145 Rainey, Hockett, Dalton, Boneysteele, Menesini None None Resolution No. 96-121 accepting work and Offers of Dedication from Kenneth Renz, Job 4963, Parcel 2, was adopted and recording was authorized. b. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Hockett, Dalton, Boneysteele, Menesini None None Quitclaim Deed to Eugene S. Corl, et ux, Job 967 extension, was approved, the President of the District Board of Directors and the Secretary of the District were authorized to execute and record said Quitclaim Deed, and Resolution No. 96-122 was adopted to that effect. c. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Hockett, Dalton, Boneysteele, Menesini None None d. Authorization was given for P.A. 96-10 (Orinda) and P.A. 96-11 (Danville) to be included in a future formal annexation to the District. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Hockett, Dalton, Boneysteele, Menesini None None The drivers' license requirement in the class descriptions for Senior Household Hazardous Waste Technician and Household Hazardous Waste Technician 1/11 was modified from a Class B license with a hazmat endorsement to a Class C license. e. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Hockett, Dalton, Boneysteele, Menesini None None Resolution No. 96-123 was adopted, establishing the Sewer Construction Fund appropriations limit in the amount of $28,260,787 for the 1996-1997 fiscal year, in accordance with Article XIII B of the California Constitution; and the change in the local assessment roll due to local nonresidential construction was selected for use in computing the appropriations limit. f. Motion unanimously approved on the following vote: 09 05 96 146 AYES: Members: NOES: Members: ABSENT: Members: Rainey, Hockett, Dalton, Boneysteele, Menesini None None 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Dolan, General Manager-Chief Engineer, requested that Item 13.a., Budget and Finance, be taken out of order. Hearing no objection, President Menesini proceeded to Item 13.a. 13. BUDGET AND FINANCE a. RECEIVE JULY 1 996 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance expenses for the month of July 1996, noting that expenditures were $104,000 less than budget, representing a 4.4 percent favorable variance. Operations and maintenance revenues for the month of July 1996 were $1,230,000, 1.9 percent below budget. 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 5.02 percent to 5.9 percent. The latest interest rate as of July 1996 was 5.891 percent. The average yield for the LAIF account through June 1996 was 5.548 percent. Mr. John Mercurio, Administrative Analyst, provided the year-end Capital Improvement Budget (CIB) status report. Mr. Mercurio reported that actual CIB expenditures including debt retirement were $38.5 million, $9 million less than budget, representing a 19.0 percent favorable variance. Mr. Mercurio reviewed the seven projects that accounted for the majority of the expenditures for the fiscal year. Those projects were: . . . . . . . Headworks Facilities Improvements Project Ultraviolet (UV) Disinfection Facilities Improvements Project Cogeneration Project Lakewood Subbasin Renovation Project Pleasant Hill Relief Interceptor Phases 3, 4, and 5 Project 1994-1995 Sewer Renovation Project Martinez Pumping Station Upgrade Project Mr. Mercurio reported that actual CIB revenues of $23.3 million were $899,402 greater than budget, representing a 4.0 percent favorable variance. The Sewer Construction Fund balance at June 30, 1996 net of debt obligations was $25,199,000. President Menesini declared that the July 1996 Financial Statements and the Sewer Construction Fund 1995-1996 Capital Improvement Program Year-End Status Report were duly received. At this time, President Menesini reverted to the order of the agenda. 6. BIDS AND AWARDS a. AUTHORIZE AWARD OF A PURCHASE ORDER TO TELSTAR INSTRUMENTS. INC. FOR THE PURCHASE OF TWO PROGRAMMABLE LOGIC CONTROLLER 1/0 DROPS FOR A TOTAL COST OF $22,787.71 Mr. Dolan, General Manager-Chief Engineer, recommended that award of purchase order be authorized to Telstar Instruments, Inc., the low bidder in the amount of $22,787.71. Following discussion, it was moved by Member Boneysteele and seconded by Member Rainey, that award of a purchase order be authorized to Telstar Instruments, Inc., the lowest responsible bidder, for the purchase of two programmable logic controller 1/0 drops 09 05 96 147 for a total cost of $22,787.71. There being no objection, the motion was unanimously approved. 7. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, reported that Planning Division Manager Doug Craig and Plant Maintenance Division Manager John Pearl attended the Association of Metropolitan Sewerage Agencies (AM SA) Conference on Privatization in Denver, Colorado in June 1996. The District has been interested in learning as much as possible about the privatization area in order to remain competitive. Mr. Dolan introduced Messrs. Craig and Pearl, who shared the information they learned at the AM SA Conference on Privatization. Mr. Craig stated that privatization efforts fall into three categories: . Reengineering public management . Contract operations . Asset sales Mr. Craig reviewed the competitive issues and positions of various stakeholders on the subject of privatization. Privatization activities are growing and a number of wastewater treatment facilities have been privatized or are considering privatization. Mr. Craig reviewed the following ten obstacles public agencies must overcome to become more competitive: 1 ) Unworkable dismissal practices 2) Imposed bureaucratic procedures 3) Destructive union/management relations 4) Organization run autocratically 5) Operations versus maintenance 6) Reactive maintenance 7) Excessive off shift staff 8) Workers in hardened silos around their skill set 9) Technology not systematically applied 10) Training program The overall assessment of the conference could be summed up as follows: . Don't get complacent; privatization momentum is growing. . Don't assume that privatization is going to be predictable or fair. . Develop a competitiveness plan. . Know that continuous improvement is not a safe defense to privatization. . Think out-of-the-box; take risks and restructure as necessary. In closing, Mr. Craig stated that some characteristics of competitive organizations are lean staff, competitive wages, gain-sharing, 09 96 05 148 4) 09 05 union/management partnership, and teamwork and flexibility (cross training) in training. In response to questions from the Board, Mr. Pearl stated that none of the private firms represented claimed to save money by cutting wages. In fact they said wages increased. Savings resulted from having fewer people. Discussion followed with regard to wage comparisons between union and non-union organizations, economic incentives sharing gains from improvements, and recognition of teams as opposed to individual recognition. President Menesini thanked Messrs. Craig and Pearl for their report. 2) Mr. Dolan, General Manager-Chief Engineer, stated that for many years the District has had a practice of following repaving contractors and locating and raising manholes and other structures. While this may have been an acceptable practice years ago, there are several problems associated with it including cost efficiency, the public ire caused by breaking into City streets right after paving, and the need to finds ways of reducing staff workload as staff reductions occur. Collection Systems Operations (CSO) Department staff have been looking at ways to work with the Cities more efficiently. The City of Walnut Creek included raising District structures in its paving contract this year. The work has been completed and the quality of the work appears to be good. The cost of the work is about the same as having the District do it ($29,000), but the District saves the city inspection fee and encroachment fee. This approach saves labor which is a help since the CSO crews have been reduced in number. In the Cities of Pleasant Hill and Lafayette, District crews are moving ahead of the paving contractor raising structures which the city contractor then paves around. We hope to have more cooperative efforts with the cities in the future. 3) Mr. Dolan, General Manager-Chief Engineer, reported that District staff has been working with the Regional Water Quality Control Board (RWQCB) on Bay Area standards for pumping station performance. District staff is also working with East Bay Municipal Utility District (EBMUD) on pumping station reliability criteria for the EBMUD watershed. Mr. Joe Pomroy, Assistant Engineer, has done a technical analysis of the probability of failure under various flow and power failure scenarios. Based on that technical analysis, staff has concluded that pumping stations should be designed to handle the design flow of the station when PG&E power is not available and the largest "standard duty" pump is out of service. This criterion presumes that diesel engine driven pumps are standby units and similar to emergency generators, not standard duty pumps. It was proposed that staff advise the RWQCB and EBMUD of this criterion and plan to upgrade all pumping stations to this standard. The pumping stations in the EBMUD watershed would have priority in scheduling upgrades. Following discussion, it was the consensus of the Board that a Capital Projects Committee meeting be scheduled to discuss this matter in more detail. With the concurrence of the Capital Projects Committee, staff would then proceed as recommended above. Mr. Dolan, General Manager-Chief Engineer, stated that the issue of writing off expenses relating to Bollinger Canyon was raised at a previous Board meeting. The actual amount to be expensed in fiscal year 1995-1996 relating to the Bollinger Canyon Project is $383,000. This amount was spent on the presumption that a major capital project would be undertaken. Later settlements were negotiated with litigants and a smaller, scaled-down capital effort was warranted. Therefore, it is appropriate that the $383,000 be expensed rather than capitalized. 5) Mr. Dolan, General Manager-Chief Engineer, announced that sometime ago the Board asked staff to plan a dedication event for the new Headworks 96 b. c. d. 149 Facilities in memory of Board Member John B. Clausen. It is proposed that this event be held at the Headworks Facilities prior to the Board Meeting on Thursday, October 17, 1996. The Board concurred. COUNSEL FOR THE DISTRICT 1 ) Mr. Kenton L. Aim, Counsel for the District, stated that in closed session at a regularly scheduled Board Meeting on August 1, 1996, on a vote of 5/0, the Board of Directors authorized staff to settle all claims presented against the District on behalf of Ms. Diane Thias Simpson for a total of $15,000. All claims on behalf of Ms. Simpson were successfully settled and released ($8,000 for vehicle damage and $7,000 for personal injury and other costs) for a total of $15,000. SECRETARY OF THE DISTRICT None BOARD MEMBERS 1 ) Board and staff reported on the August 21-24, 1996 California Association of Sanitation Agencies (CASA) Conference at which topics of discussion included ultraviolet (UV) disinfection, seismic upgrading, the Pringle Bill for consolidation of various Orange County agencies, the Jarvis URight to Vote on Taxesu Initiative, the Goleta Sanitary District public education program, and land application of sludge for agriculture. Member Rainey reported that Goleta Sanitary District is approaching all special districts to set up standards or some sort of accreditation program. Member Rainey stated that she has some concerns about this and has asked Mr. DolaQ, the General Manager-Chief Engineer, to attend a meeting with her and other CASA representatives on this subject. 2) Member Rainey announced that as part of the celebration of Central San's 50th Anniversary, a family picnic will be held on Saturday, September 21, 1996, at Castle Rock Park in Walnut Creek. There will also be an Open House on Thursday, September 26, 1996, at 5:30 p.m. at the District. Speakers will include Ms. Loretta Barsamian, Executive Officer of the San Francisco Bay Region of the Regional Water Quality Control Board, Mr. John Wise, of the U.S. Environmental Protection Agency, Representative Bill Baker, and Assemblyman Richard Rainey. Some comments have been received with regard to the political affiliation of the speakers. The entire elected delegation from the District's service area was invited to speak but for one reason or another, many were unable to attend. The selection of speakers was not intended as a political statement and was totally inadvertent on the part of the 50th Anniversary Committee. 3) Member Rainey announced that former Senator John Nejedly has asked the Mayors Conference to take a position opposing Tri-Valley Wastewater Authority (TWA). The Mayors Conference will consider this request at its meeting this evening, September 5, 1996. The TWA proposal to discharge to Central San has been dead for a number of years. Mr. Dolan, General Manager-Chief Engineer, reported that he discussed this matter with Mr. Bob Beebe, of Dublin San Ramon Services District, today. Mr. Beebe stated that the Central San/TWA option is dead and that TWA is currently negotiating another option. President Menesini indicated that he and General Manager-Chief Engineer Roger Dolan were planning to attend the Mayors Conference meeting to speak or answer questions as appropriate. 4) Member Rainey provided staff with a copy of the language for the Charter County ballot statement and reported that she and General Manager-Chief Engineer Roger Dolan have a tentative meeting scheduled with Supervisor Mark DeSaulnier on Friday, September 13, 1996. 09 05 96 150 5) President Menesini announced that the Environmental Alliance workshop series is continuing. The next workshop will be held at noon on Monday, September 16, 1996 at the Martinez City Council Chambers. The Department of Fish and Game will be discussing concerns and issues that may impact watersheds. 8. ENGINEERING a. AUTHORIZE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH ASSOCIATED RIGHT OF WAY SERVICES. INC. FOR EASEMENT APPRAISAL AND ACQUISITION ON VARIOUS DISTRICT CAPITAL PROJECTS Mr. Dolan, General Manager-Chief Engineer, stated that Associated Right of Way Services has done a cost effective and satisfactory job. It is recommended that the agreement be amended allocating an additional $75,000. It was moved by Member Hockett and seconded by Member Rainey, that the General Manager-Chief Engineer be authorized to execute an amendment to a consulting services agreement with Associated Right of Way Services, Inc. for easement appraisal and acquisitiqn on various District capital projects and that the cumulative cost ceiling of the agreement be increased by $75,000 for a total of $100,000. There being no objection, the motion was unanimously approved. b. APPROVE THE COMMON USE AGREEMENT WITH GST TELECOM. INC.. CONTRA COSTA COUNTY, REDEVELOPMENT AGENCY OF CONTRA COSTA COUNTY, AND CONTRA COSTA COUNTY WATER CONSERVATION AND FLOOD CONTROL DISTRICT FOR JOINT USE EASEMENTS IN FORMER SOUTHERN PACIFIC RIGHT OF WAY Mr. Robert A. Baker, Deputy Chief Engineer, stated that in closed session at the August 15, 1996 Board Meeting, the Board of Directors authorized staff to hire outside legal counsel with regard to installation of a major fiber optic telecommunication cable by GST Telecom in portions of the District's easements in the former Southern Pacific right of way without the benefit of a Common Use Agreement to protect the District as required in the conditions and restrictions outlined in the original Purchase Agreement and subsequent Grants of Easement. A firm was hired, discussions began, work in the area was stopped, and a win/win solution was reached whereby a Common Use Agreement will be entered into protecting both the District and the County. It was moved by Member Hockett and seconded by Member Dalton, that the Common Use Agreement with GST Telecom, Inc., Contra Costa County, the Redevelopment Agency of Contra Costa County, and Contra Costa County Water Conservation and Flood Control District be approved; the President of the District Board of Directors and the Secretary of the District were authorized to execute and record said Common Use Agreement; and Resolution No. 96-124 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Hockett, Dalton, Rainey, Boneysteele, Menesini NOES: Members: None ABSENT: Members: None 9. LEGAL/LITIGATION a DENY CLAIM FOR PERSONAL INJURIES ON BEHALF OF STEVEN A. ELSBERRY Following explanation by Mr. Kenton L. Aim, Counsel for the District, it was moved by Member Hockett and seconded by Member Boneysteele, that all portions of the claim for personal injuries on behalf of Steven A. Elsberry which are timely filed including those portions related to events alleged to have occurred within the statutory six month period prior to filing of the claim be denied and referred to staff for further actions as required. There being no objection, the motion was unanimously approved. 09 Ofi 96 151 10. CORRESPONDENCE a. NOTE RECEIPT OF LETTER DATED AUGUST 27. 1996. FROM MR. JOSEPH E. SCHNEIDER. VICE PRESIDENT OF THE HOMEOWNERS ASSOCIATION FOR THE SUN VALLEY VILLAGE MOBILE HOME PARK IN PACHECO. CONCERNING THE MONTHLY SEWAGE RATE CHARGED BY THE PARK OWNER Mr. Dolan, General Manager-Chief Engineer, stated that this is not really a District issue. It is between the individual tenants and Sun Valley Village Mobile Home Park. Nevertheless, District staff made some telephone calls and either because of those calls or Mr. Schneider's letter, Sun Valley Village Mobile Home Park has agreed to pass on only the Sewer Service Charge and nothing else. This seems to have resolved the issue. A draft letter to Mr. Schneider is presented for the Board's consideration. Receipt was noted of the August 27, 1996, letter from Mr. Joseph E. Schneider, Vice President of the Homeowners Association for the Sun Valley Village Mobile Home Park in Pacheco, concerning the monthly sewage rate charged by the park owner and the draft response was approved. 11. APPROVAL OF MINUTES a. MINUTES OF AUGUST 15. 1996 It was moved by Member Boneysteele and seconded by Member Dalton, that the minutes of August 15, 1996, be approved with the following change: On page 5, Item 6, line 5, the word "idle" was changed to "operate." There being no objection, the motion was unanimously approved. 12. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED SEPTEMBER 5. 1996 Member Boneysteele, Chair of the Budget and Finance Committee, stated that he and President Menesini reviewed the expenditures and found them to be satisfactory. It was moved by Member Boneysteele and seconded President Menesini, that the Expenditure List dated September 5, 1996, including Self-Insurance Check Nos. 101176- 101182, Running Expense Check Nos. 98498-98909, Sewer Construction Check Nos. 17411-17498, and Payroll Check Nos. 42953-43259, be approved as recommended. There being no objection, the motion was unanimously approved. 13. BUDGET AND FINANCE a. RECEIVE JULY 1996 FINANCIAL STATEMENTS This item was taken out of order earlier in the agenda. 14. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 15. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Mr. Dolan, General Manager-Chief Engineer, stated that he would report the outcome of the Mayors Conference consideration of TWA at the next Board Meeting. Member Boneysteele expressed concern about communications under the constraints of the Brown Act and suggested that this may be an appropriate agenda topic for a future Board Meeting. 09 05 96 152 16. CLOSED SESSION a. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a). The title of the litigation discussed was Acme Landfill Corp. v. Althin CD Medical, Inc., CCCSD, et ai, U.S. District Court No. C91-4268 SBA. At 4: 13 p.m., President Menesini declared the closed session to discuss existing litigation pursuant to Government Code Section 54956.9(a) as noted above. At 4:52 p.m., President Menesini concluded the closed session and reconvened the meeting into open session. b. INITIATION OF LITIGATION This closed session was not held. 17. REPORT OF DISCUSSIONS IN CLOSED SESSION Mr. Kenton L. Aim, Counsel for the District, reported that the Board of Directors, on a 5/0 vote, authorized the District to enter into such agreements as may be required to continue taking landfill gas from the Acme Landfill pursuant to terms set forth in a letter dated August 21, 1996 from General Manager-Chief Engineer Roger J. Dolan in exchange for certain accommodations regarding settlement amounts in the above noted Acme litigation. 18. ADJOURNMENT There being no further business to come before the Board, President Menesini adjourned the meeting at the hour 4:52 p.m. ßare~ #. ~S~ President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 09 05 96