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HomeMy WebLinkAboutBOARD MINUTES 05-02-00 76 MINUTES OF THE ADJOURNED REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MAY 2, 2000 The District Board of the Central Contra Costa Sanitary District convened in an adjourned regular meeting at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on May 2, 2000. President Lucey called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Nejedly, Menesini, Boneysteele, Lucey ABSENT: Members: Hockett Member Hockett had previously advised that she would be unable to attend this meeting and had requested to be excused. a. INTRODUCE NEW EMPLOYEES . THOMAS CORUM. CONSTRUCTION EQUIPMENT OPERATOR . HEATH CULBREATH. CONSTRUCTION EQUIPMENT OPERATOR Mr. Thomas Corum, Construction Equipment Operator, and Mr. Heath Culbreath, Construction Equipment Operator, were introduced and welcomed to the District by President Lucey and the Board of Directors. 2. PUBLIC COMMENTS Mr. Paul Kelly, Engineering Assistant III and President of Central Contra Costa Sanitary District Employees' Association Public Employees' Union Local One, addressed the Board, stating that the format used and the contract negotiations this year went very smoothly. Mr. Kelly commended all those who contributed on their efforts. President Lucey thanked Mr. Kelly for his comments and indicated that he hoped this was the first step in continuously improving communications and cooperation. 3. AWARDS AND COMMENDATIONS a. RECEIVE CALIFORNIA WATER ENVIRONMENT ASSOCIATION 1999 STATE LEVEL PUBLIC EDUCATION AWARD FOR OUR WATER OUR WORLD PESTICIDE REDUCTION PROGRAM Mr. Charles W. Batts, General Manager, stated that the District's Our Water Our World Pesticide Reduction Program has been honored with the California Water Environment Association (CWEA) State Level Public Education Award in the large budget (over $10,000) category. Mr. Batts introduced Mr. John A. Larson, Director of Collection System Operations and President Elect of CWEA, who stated that ten other agencies competed for this award in the wastewater and storm water areas. Mr. Larson stated that the Central Contra Costa Sanitary District Our Water Our World Pesticide Reduction Program was far and away the best in the competition. Ms. Harriette Heibel, Community Affairs Manager, stated that she, Pollution Prevention Program Superintendent Bart Brandenburg, and the rest of the team who worked on this program are very excited to receive this particular award. The Our Water Our World Program is Bay Area wide and involves ten public agencies including the Bay Area 05 02 00 77 Stormwater Management Agencies Association (BASMAA) and the Bay Area Dischargers Association (BADA). The District has received inquiries about the program from agencies in other areas of the state and even from Texas. One hundred stores in the Bay Area are participating and three training videos are being done in house to assist in implementation. Mr. Bart Brandenburg, Pollution Prevention Program Superintendent, stated that this is a cooperative program involving store partnerships, Master Gardener workshops, and integrated pest management training for small businesses. Mr. Brandenburg stated that it is a great pleasure to present the California Water Environment Association 1999 State Level Public Education Award to the Board. President Lucey thanked Ms. Heibel and Mr. Brandenburg and all the staff members who contributed to this significant accomplishment. 4. CONSENT CALENDAR It was moved by Member Menesini and seconded by Member Nejedly, that the Consent Calendar, consisting of Items a. through g., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. A Grant of Easement was accepted from Horst Rademacher and Margaret Hellweg in connection with the South Orinda Sewer Improvements Project, DP 4928; staff was authorized to record said Grant of Easement with the Contra Costa County Recorder; and Resolution No. 2000-026 was adopted to that effect. Motion approved on the following vote: AYES: Members: Menesini, Nejedly, Boneysteele, Lucey NOES: Members: None ABSENT: Members: Hockett b. Grants of Easements were accepted from Melodee H. Sillers, Charles H. and Susan Y. Hanson, and Dennis S. and Michelle Downs in connection with the Lakewood Sewer Renovation Project, DP 4805; staff was authorized to record said Grants of Easement with the Contra Costa County Recorder; and Resolution Nos. 2000-027. 2000-028. and 2000-029 were adopted to that effect. Motion approved on the following vote: AYES: Members: Menesini, Nejedly, Boneysteele, Lucey NOES: Members: None ABSENT: Members: Hockett c. The President of the Board of Directors and the Secretary of the District were authorized to execute Quitclaim Deeds to 93 Moraga Way Investors, L TD II, Horst Rademacher and Margaret Hellweg, Joseph A. DeMaria as Trustee of the Joseph A. DeMaria 1991 Trust, and George H. Burtt as Trustee of the Burtt Family Trust; staff was authorized to record said Quitclaim Deeds with the Contra Costa County Recorder; and Resolution Nos. 2000-030. 2000-031. 2000-032. and 2000-033 were adopted to that effect. Motion approved on the following vote: 05 02 00 78 05 AYES: Members: Menesini, Nejedly, Boneysteele, Lucey NOES: Members: None ABSENT: Members: Hockett d. Authorization was given for P.A. 00-1 (Martinez) to be included in a future formal annexation to the District. Motion approved on the following vote: AYES: Members: Menesini, Nejedly, Boneysteele, Lucey NOES: Members: None ABSENT: Members: Hockett e. Authorization was given for P.A. 00-2 (Alamo) to be included in a future formal annexation to the District. Motion approved on the following vote: AYES: Members: Menesini, Nejedly, Boneysteele, Lucey NOES: Members: None ABSENT: Members: Hockett f. Authorization was given to initiate proceedings to formally annex fifteen separate areas to the Central Contra Costa Sanitary District under the title District Annexation 150, and Resolution No. 2000-034 was adopted to that effect. Motion approved on the following vote: AYES: Members: Menesini, Nejedly, Boneysteele, Lucey NOES: Members: None ABSENT: Members: Hockett g. The contract work for the Martinez Transmission Sewer Project - Pipeline Rehabilitation, DP 5328, was accepted and filing of the Notice of Completion was authorized. Motion approved on the following vote: AYES: Members: Menesini, Nejedly, Boneysteele, Lucey NOES: Members: None ABSENT: Members: Hockett 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 02 00 79 6. BIDS AND AWARDS a. AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO REMCON FOR THE HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY IMPROVEMENTS PROJECT. DP 81 80 Mr. Batts, General Manager, stated that the Household Hazardous Waste Collection Facility Improvements Project will improve safety and ventilation for the facility, improve operations, and reduce costs. Staff would recommend award of a construction contract to RemCon, the lowest responsible bidder. Following discussion of the amount of material coming into the facility, description of the drum storage area, and relocation of the drain and piping, it was moved by Member Menesini and seconded by Member Nejedly, that award of a construction contract in the amount of $249,750 for the construction of the Household Hazardous Waste Collection Facility Improvements Project, DP 8180, be authorized to RemCon, the lowest responsible bidder. There being no objection, the motion was approved with Member Hockett being absent. 7. REPORTS a. GENERAL MANAGER 1 ) Mr. Batts, General Manager, stated that at the April 25, 2000 San Ramon City Council meeting as part of the effort to secure an encroachment permit from the City of San Ramon for the Dougherty Tunnel and Trunk Sewer Project, District staff presented a report on mediation efforts, an analysis and response to the City Engineering staff report, and reviewed the District's future project for the San Ramon (Larwin) Pumping Station. The District argued for an encroachment permit for what most people agree to be the best technical alternative. The citizens of the Estero Drive corridor argued that this route was not acceptable even with mitigation, and that the impacts of major development should be absorbed by the community to be served and not existing residential areas. The San Ramon City Council responded, as any political entity would, to support its citizens and requested that the District look at alternative routes. Mr. Batts introduced Mr. Paul Morsen, Director of Administration, who reported on the April 25, 2000 San Ramon City Council meeting. District staff tried to make a strong case for the Estero Drive/Mangos Drive alternative, as the best technical solution. Residents did not agree with that and indicated that new development should bear the development impacts. The San Ramon City Council said they would work with the District to develop the Bollinger Canyon/two pumping stations alternative. The San Ramon City Council will take formal action on this matter at its next meeting. Member Nejedly stated that he attended the April 25 San Ramon City Council meeting, as well as the other City Council meetings at which this matter was discussed. Member Nejedly stated that it appears that the Estero residents are not so much concerned that the District would go down their street, but rather that the San Ramon (Larwin) pumping station would be made larger to accept the sewage from Dougherty Valley and that the majority of the people on Estero are not in the District or served by the District. Because approvals were secured from the Local Agency Formation Commission (LAFCO) and other appropriate agencies some years ago, this has put the District in a position where it must try to provide sewer service in the best way we know how (by gravity). The Dougherty Valley Development is a huge project. It is obvious that the Estero residents just do not want it there. Member Nejedly stated that he respects that opinion. Member Nejedly stated that he is not clear what the San Ramon City Council means when they say that they will work with the District on the 05 02 00 80 05 Bollinger Canyon route. That route will cost a lot of money and involves two additional pumping stations and significantly more pipe, 22,800 feet as opposed to 3,000 feet. These problems are why the District tries to find routes that will flow by gravity as much as possible. The District is trying to get the sewage to the treatment plant, clean it, and transport it to the bay in the best way possible. Mr. Batts stated that based on the April 25 San Ramon City Council meeting there appears to be a jurisdictional issue over the rights of sanitary districts. Mr. Batts reviewed the a number of factors for the Board's consideration. Mr. Batts stated that costs, while not critical, are a concern. Secondarily, costs to all ratepayers could increase to subsidize pumping stations for San Ramon/Dougherty Valley, and the added cost to developers is a liability. Mr. Batts stated that the District has an obligation to provide service and time is a factor. Any delay to developers could require a temporary alternative, and could be a delay to other District projects. Another factor to be considered is politics and the District's relationship to cities involved, both to staff and residents. Also, any alternative EIR could force the District into future growth decisions, ratepayers could be impacted with future added costs on rates, and customer service issues could be created. Mr. Batts stated that there are also technical aspects that must be considered including the long-term impact on District operations. Mr. Batts reviewed the pros and cons of the two alternatives for sewer service to the Dougherty Valley discussed at the San Ramon District Council meeting as follows: 1 ) The District could litigate to try to obtain the Estero Drive route for the Dougherty Tunnel and Trunk Sewer Project. Advantages of this action are that it is the best technical and environmental route; the design is complete and paid for by the developer; all property rights have been acquired; it maintains the District's "no new pumping station policy;" and the Environmental Impact Report and Settlement Agreement with the Cities on this route have been approved. Disadvantages of this alternative are that it is opposed by the City of San Ramon; the District may face appeal; the duration of the delay is uncertain; and it may require a temporary interim sewer solution. 2) The District could pursue the Bollinger Canyon alternative. Advantages of this alternative are that it is the City of San Ramon's favored alternative; it appears to be technically feasible; and costs are in the same range. Disadvantages of this alternative are that a detailed route study is needed; it includes two new pumping stations; it requires an EIR addendum; construction timing is uncertain; and new easements must be obtained. It would also require a temporary interim sewer solution. Discussion followed with regard to the difference in the amount of pipe required for the two alternatives: 22,800 feet of pipeline for the Bollinger Canyon route as opposed to 3,000 feet for the Estero route. County Supervisor Donna Gerber, District 3, addressed the Board indicating that she had sent a letter on this matter to the District Board of Directors a couple weeks ago. Supervisor Gerber stated that since that time she has tried to find out the involvement of County staff on this aspect of the Dougherty Valley project. Supervisor Gerber stated that Mr. Maurice Shiu, Contra Costa County Director of Public Works, has not been involved much because this issue is in the jurisdiction of San Ramon, not the County. Supervisor Gerber stated that she has asked the Director of Public Works to advise the County on these issues in the hope of finding some resolution. Supervisor Gerber stated that although the County has not been involved with the alternatives for sewer service to Dougherty Valley, she has asked 02 00 81 the Director of Public Works to advise her and maybe get involved in facilitating a resolution. Supervisor Gerber stated that she believes that what the District Boardf~;~iscovering, and what other agencies have discovered, is that it is not easy to add a 30,000 person development in one fell swoop. Supervisor Gerber encouraged the District Board and staff to deliberate further with regard to the alternatives and in particular the Bollinger Canyon alternative. Supervisor Gerber stated that she can see that the problem of trying to put infrastructure in a neighborhood not served by the District is at the very least a psychological challenge. Supervisor Gerber stated that she is present to encourage some additional deliberations and a careful look at the Bollinger Canyon alternative. Supervisor Gerber stated that she is also present to offer her assistance as a County Supervisor and in terms of bringing in resources from the County to look at these issues. To proceed on the basis of which jurisdiction has the bigger muscle or legal standing would draw others in. Supervisor Gerber stated that she can see there is a lot to consider from the District staff report; but she has the impression from the EIR and discussions, that not enough attention was given to the alternatives at the time the original Dougherty Valley EIR was done. We are now facing the consequences of that. Supervisor Gerber stated that with all due respect as one Board Member to another Board, some time should be spent in taking a careful look at this project. Member Menesini stated that the District did not put Dougherty Valley there. Dougherty Valley exists not because of this Board. This District must serve what is given them. Somehow the District must come to some conclusion. Member Menesini stated that it is his hope that on both sides of this question, reasonable people will prevail. Hopefully there is some logical technical solution. Member Menesini thanked Supervisor Gerber for her offer of assistance. Mr. Dave Hudson, San Ramon City Councilmember, addressed the Board, stating that Member Nejedly's statements were factual and to the point. Member Nejedly had the feel of what went on at the April 25 San Ramon City Council meeting. Councilmember Hudson stated that he wants to stay in that vein and be very clear. The San Ramon City Council probably made a very big mistake at that meeting. Councilmember Hudson stated that the San Ramon City Council committed to the Bollinger Canyon route without going to the public. If 5,000 or 40 people turn out, the City Council must honor their words. Councilmember Hudson stated that he is prepared to do that. Councilmember Hudson stated that the point is that everyone came out to the Council meeting and made their opinions clear. The San Ramon (Larwin) pumping station is the focal point as Member Nejedly said. In essence at the April 25 City Council meeting even if the City Council had to apply an additional charge to the people in the Dougherty Valley, the City Council committed to that, too. Councilmember Hudson stated that this San Ramon City Council voted 4/0 and committed for the Bollinger Canyon alternative. Mr. Tom Koch, of Shapell Industries, addressed the Board, stating that Shapellindustries is developing the westerly 53 percent of the Dougherty Valley project. Mr. Koch stated that he wanted to provide a different perspective. These issues have been dealt with for a long time. County staff has not been involved in design of the project. Mr. Koch referenced the lawsuit settlement agreement identifying the use of a gravity system as superior to pumping stations. Mr. Koch stated further that construction of the gravity tunnel and associated trunk sewers along city streets has been identified in the Dougherty Valley Specific Plan since 1992. The route through Estero adopted in 1995. The San Ramon City Council was fully noticed for that hearing. The settlement agreement was signed by the City of San Ramon. Mr. Koch stated that the County is under contract to both Shapell and Windemere. The County has accepted the gravity system as the way to provide sewer service. Mr. Koch stated that this is a situation 05 02 00 82 05 where a particular community will be damaged for a brief time. Mitigation can be provided to deal with that. If there is any indication that this was not given detailed consideration, that is not true. This has been thought through. The City of San Ramon is in violation of the settlement agreement. Mr. Koch stated that Shapell Industries intends to initiate the conflict resolution process called for in the contract. Mr. Koch stated further that he is disturbed to hear Supervisor Gerber imply a threat to bring the County into this. The County is under obligation to not change the service. Beyond the legal question is what is the right way to do this. These issues have been dealt with time and again. Mr. Koch stated that he hopes the District will move forward. Delay is of great cost and Shapellindustries would like to move forward expeditiously. This issue has been looked at thoroughly. Member Boneysteele stated that he was on the Board when the San Ramon (Larwin) pumping station was built. Member Boneysteele stated that he had an uneasy feeling about the whole thing. As he recalls, it was a 4/1 vote with Member Boneysteele being against. Member Boneysteele stated that he is concerned now that the people who will buy these houses and live in that area and will absorb any additional costs for the Bollinger Canyon route over the Estero Drive route will be citizens, taxpayers, and voters in the City of San Ramon; citizens, taxpayers, and voters for Supervisor Gerber; and citizens, taxpayers, and voters for the District Board. Member Boneysteele stated that someone must speak for those people. Member Boneysteele asked what about consideration for those people? Mr. Koch stated that he appreciated the thoughtfulness of the question. Mr. Koch stated that he is not an engineer and he is not capable of adding anything to the discussion of what is the best method for the project. On the question of what is fair, Mr. Koch stated that your word is best followed. The costs of the Dougherty Valley and special assessments have been established with the City of San Ramon. They are a matter of contract. Mr. Koch stated that it is outrageous that because of one day's impact in front of someone's home, disproportionate costs will be allocated to people who are not here. Especially when all of the parties discussed today have settled on the way of providing service. Mr. Koch thanked the Board for their consideration. Mr. Alan Hyden, of Lennar Communities, managing partners of BLC/Windemere, addressed the Board. Mr. Hyden stated that BLC/Windemere has followed this process with great interest and great concern, and spent a lot of time and effort working on Dougherty Valley. Mr. Hyden stated that BLC/Windemere is concerned about the timing of this project and how it impacts BLC/Windemere. BLC/Windemere has worked closely with District staff for the last couple years and is very appreciative of their technical expertise. There has been a lot of thoughtful consideration given. BLC/Windemere will continue to work with the District and be a resource and work to resolve this. President Lucey stated that the people of the City of San Ramon may be used to anonymous letters and threats and allegations but he is not. President Lucey stated that he does not know any of the developers. He has not received any money from them or spoken to them. President Lucey stated that he does not yet know what he will decide on these issues, but he is really troubled by them. President Lucey stated that if this area was in the District, he would say begin construction tomorrow. But this is not in the District so the District is looking at 24,000 additional feet of pipe and two additional pumping stations instead of 3,000 feet of pipe. President Lucey stated that he is really troubled because the County and the City of San Ramon agreed to this sewer route but now because they have changed, does the District still have an obligation. People will be upset no matter which place the District builds. President Lucey stated that it was wishful thinking but he had hoped that something could be worked out with the 02 00 "-,,. ' 83 Estero homeowners. This is an issue that the District would rather not face but it must. President Lucey stated that he does not know what the decision will be but there'4Wilhbe~.a\decision. President Lucey stated that what bothers him the most is that the County and the City of San Ramon signed off on the agreement and now they are saying it is the District's problem. It is troubling; but by the same token, it is not in the District. Ms. Christa Freihofner, a resident on Estero Drive in San Ramon, addressed the Board, stating that she does not live in Little Cuba. The District is proposing to put 17.8 million gallons of sewage 30 feet from her front door. The District made a decision and the residents were not included. Ms. Freihofner stated that angers her. The pumping station will be the biggest pumping station in the whole County. Ms. Nancy Takarka, San Ramon City Councilmember, addressed the Board, stating that this is a difficult situation we find ourselves in. Councilmember Takarka stated that she hopes that we can work together to solve it. The Board is right, many of us will not be happy. Councilmember Takarka reiterated the feelings of the San Ramon City Council and residents, the proposed project is impacting them greatly. They feel it is something Dougherty Valley should handle and it should be their responsibility. Councilmember Takarka stated that a resident who used to live in San Ramon and now lives in Dougherty Valley told her he would be willing to pay an additional charge for this. All of San Ramon cares about each other and their community. Councilmember Takarka stated that she is sure people who will be living in San Ramon would be willing to pay an additional charge for this. Councilmember Takarka stated that she hopes we can work together to find a positive solution to this, and she asked that the Board consider the Bollinger Canyon alternative. Councilmember Takarka thanked the Board. President Lucey thanked all those who spoke for their input and stated that he wished that the District Board did not have to make this decision. 2) Mr. Batts, General Manager, stated that during the 1999-2000 budget year the District implemented its first two-year Capital Improvement Budget. As the District begins the second year of that budget cycle, an addendum has been provided to authorize funds for the 2000-2001 fiscal year, add new projects, reflect schedule changes, and account for related construction and cost impacts. A Board Workshop is planned for the September time frame as the initial step in development of the next two-year Capital Improvement Budget. Mr. Batts introduced Mr. Jarred Miyamoto-Mills, Principal Engineer, who stated that the draft addendum to the 1999-2001 Capital Improvement Budget will be submitted for approval at the May 18, 2000 Board Meeting for inclusion in the 2000-2001 District Budget. Mr. Miyamoto-Mills stated that a 4-page summary document has been prepared including the ten new project descriptions and revised spread sheets for inclusion in the budget document. Nineteen current projects were revised either due to schedule or budget changes. If the Board approves the addendum, the authorization will result in return of $1,243,000 to the Sewer Construction Fund. Mr. Miyamoto-Mills stated that when the two-year Capital Improvement Budget was adopted, the plan was to do a comprehensive update to the Capital Improvement Plan every other year. Staff would like to involve the Board in the policy level decisions at the beginning of the comprehensive update rather than bringing a document to the Board in February or March when the time to make changes is short. A Board Workshop is proposed for the Fall/Winter time frame. Mr. Miyamoto-Mills stated that the draft addendum contains detailed information on revised projects and a short description of the ten new projects. 05 02 00 84 3) 4) 05 In the discussion that followed, Member Boneysteele stated that he did not wish to vote on the Capital Improvement Budget addendum until the Dougherty Valley issue is resolved. Mr. Batts indicated that the District will expend funds on the Dougherty Valley project to consider alternative routes and to provide temporary service while the Dougherty Valley issue is being resolved. Member Menesini agreed, stating that commitments have been made and the District has a certain obligation to go forward. Member Menesini stated that he appreciates this opportunity to weigh the issues and made decisions on various projects going on. Mr. Batts, General Manager, announced that the District is advertising for bids for construction of a Mobile Equipment Storage Facility, DP 6122. The facility will house approximately 40 pieces of mobile equipment used by the District for maintenance and emergency response. The engineer's estimate for the work is $390,000. Mr. Batts, General Manager, stated that the Little Hoover Commission Report on Special Districts was adopted by the Commission on April 27, 2000 at a meeting in Los Angeles and will be released at a press conference in Sacramento on May 3, 2000. In an update given at the March 16 Board Meeting, the Board was advised that the Little Hoover Commission had contacted District Controller Deborah Ratcliff regarding the District's use of property taxes as well as District policies regarding retained earnings. Ms. Ratcliff attended a legislative workshop at which a Director of the Little Hoover Commission spoke about the report and the research they were conducting. There will be a report by Little Hoover Commission Chairman Richard Terzian at the California Association of Sanitation Agencies (CASA) on May 5, 2000. Mr. Batts introduced Ms. Deborah Ratcliff, Controller, who stated that at the legislative workshop the following initial findings were presented: . Special districts tend to be invisible forms of government and not accountable to their communities. . The state has not provided adequate leadership and resources to county Local Agency Formation Commissions (LAFCO's). . At the same time, LAFCO's need to be independent of the state government to be accountable to their local communities. . Consolidations of the various services and special districts are needed. . Reserves are excessive and not well planned or justified. . Property tax allocations should be reviewed, especially those received by enterprise districts that can raise user fees to make up for shortfalls. . There is a lack of research and information needed to guide special district governance. Discussion followed with regard to efforts in the past to clarify what should be considered as retained earnings, and the likelihood that the state will attempt to take property taxes from special districts. 5) Mr. Batts, General Manager, announced that settlement has been reached with regard to the claim of Penny Westphal for an overflow which occurred on January 22, 2000 at 917 Webb Lane in Lafayette. The final settlement was $13,922 for verified property damage and clean up costs. 02 00 b. c. d. 85 6) Mr. Batts, General Manager, announced that Mr. Richard Soychak, Mechanical Maintenance Technician III, has requested a disability retirement. Mr. Soychak was the maintenance worker who fell and was hospitalized last April. Mr. Soychak returned to work last November, but his doctor has restricted his duties to the point where he can no longer perform his regular duties. 7) Mr. Batts, General Manager, announced that the District expects to receive a preliminary draft of our new National Pollutant Discharge Elimination System (NPDES) permit for staff review in the near future. At a future Board Meeting, staff will review the impacts of the new permit and regulations. The Regional Water Quality Control Board hearing on the District's permit is expected to be held in July 2000. 8) Mr. Batts, General Manager, thanked the Board for their support and sympathy at the loss of his fatoer, and indicated that he would be in Pennsylvania for the funeral for the remainder of the week. COUNSEL FOR THE DISTRICT None SECRETARY OF THE DISTRICT 1 ) Ms. Joyce E. Murphy, Secretary of the District, announced that six letters have been received in response to the District's notice of proposed increase in the annual Sewer Service Charge. Copies have been provided to the Board. BOARD MEMBERS 1 ) Member Menesini announced that the next Environmental Alliance discussion series will feature Dr. Bruce Thompson, Senior Scientist of the San Francisco Estuary Institute, discussing Pollution in the San Francisco Bay and Estuaries. The event will be held at noon on Monday, May 15, 2000, at the John Muir National Historic Site, 4202 Alhambra Avenue, Martinez. Anyone interested is invited to attend. 8. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PERMIT CONTRACT WITH ACME FILL CORPORATION FOR DISCHARGE OF TREATED LANDFILL LEACHATE Mr. Batts, General Manager, stated that the District has been taking leachate from Acme Landfill since the early 1990's. This was part of a lengthy negotiation between Acme, the regulators, and the District. Acme was required to build extensive pretreatment facilities, hire professional treatment plant operators, and conduct testing and plant upgrades. Acme was limited in the amount of material it could discharge and was required to do extensive discharge testing and reporting. District efforts in this area were recognized as part of the Acme litigation settlement. During the start up process Acme was fined for several violations, but is now able to meet the stringent permit limits on a regular basis. The proposed permit contract includes several modifications based on Acme's performance history and District needs in addition to previously negotiated items. Those modifications are outlined in the position paper. Mr. Batts indicated that he and Mr. Tim Potter, Source Control Program Superintendent, would be happy to answer any questions of the Board. Discussion followed with regard to liability insurance; operation, monitoring and testing at the Acme pretreatment facility; and components of the Acme litigation settlement. President Lucey questioned why the District would take Acme leachate when the District's NPDES permit is up for renewal. 05 02 00 86 Mr. Kenton L. Aim, Counsel for the District, stated that Acme Landfill is within the District service area and the District may be required to take Acme leachate unless serving them would be unreasonable. There is an argument to be made that the District has some obligation to serve them. Acme is doing a full biological treatment similar to the District's treatment process, substantially more than what is asked of any other entity. The most common treatment alternative for landfill leachate is a wastewater treatment plant. Member Nejedly agreed that the District must take the leachate and stressed the importance of frequent monitoring. Member Nejedly stated that many times leachate from a landfill changes characteristics based on location. It was moved by Member Menesini and seconded by Member Boneysteele, that the General Manager be authorized to execute the Permit Contract with Acme Fill Corporation regarding the acceptance of treated landfill leachate from the Acme Landfill located in Martinez, California. There being no objection, the motion was approved with Member Hockett being absent. BREAK At 4:22 p.m., President Lucey declared a recess, reconvening at the hour of 4:32 p.m. with all parties present as previously designated. 9. TREATMENT PLANT a. ADOPT A RESOLUTION APPROVING A DEWATERING UPGRADE PROJECT. AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE CONTRACTS WITH ALFA- LAVAL SEPARATION. INC. Mr. Batts, General Manager, stated that in 1988 the District installed the present dewatering system of centrifuges and cake pumps in the District's solids handling system. This equipment now needs to be overhauled and upgraded. Mr. Batts introduced Mr. James M. Kelly, Director of Plant Operations, who stated that the Dewatering Upgrade Project is needed at this time; and because of the variability of available equipment and the importance of matching the District's existing equipment, the use of the unique proprietary knowledge of Alfa-Laval Separation, Inc., formerly Sharples, is required. Mr. Kelly described the layout of the centrifuges in the Solids Conditioning Building and their operation. Since 1988 there have been four Alfa-Laval Model PM 75000 centrifuges in service. These centrifuges dewater 120 gpm liquid sludge at 4 percent total solids to 20 gpm at 22 percent solids. An average of 200 wet tons of sludge was produced per day to feed the furnace last year. Mr. Kelly stated that the centrifuges are high maintenance with a long lead time for spare parts. Each machine has 75 percent up time per year with major maintenance performed on one machine each year. Major maintenance is no longer adequate. There is a need to overhaul and upgrade the centrifuges, and to acquire a spare rotating assembly to ensure uninterrupted service. Mr. Kelly showed a slide of the broken flight support posts which disabled one centrifuge. These posts are now being repaired on a second centrifuge and the other centrifuges are being inspected. The centrifuge upgrade will extend the useful life of the machines, produce dryer solids, improve dewatering reliability, and make the centrifuges easier to maintain. Discussion followed with regard to the inadvisability of using alternative dewatering technology for this application because of the potential for odors from raw sludge. President Lucey stated that he cannot justify a $1.3 million upgrade project at this time when the Board will be making a decision on the budget next week. In the discussion that followed, President Lucey stated that only the broken centrifuge should be repaired. Mr. Batts stated that the same defect has been found in the second centrifuge. Member Nejedly stated that repair would be risky. It was moved by Member Nejedly and seconded by Member Menesini, that Resolution No. 2000-035 be adopted, approving the Dewatering Upgrade Project, DP 6151, and the sole sourcing of the described upgrades, modification, and repairs to four Alfa-Laval PM 75000 centrifuges at the repair facilities of Alfa-Laval Separation, Inc., and incorporating Alfa- Laval Separation's latest technological developments to improve performance; and that 05 02 00 87 the General Manager be authorized to execute a series of contracts with Alfa-Laval Separation, Inc. to accomplish this work. AYES: Members: Nejedly, Menesini NOES: Members: Lucey ABSENT: Members: Hockett ABSTAIN: Members: Boneysteele Member Boneysteele stated that he abstained because he could not recall if he owned stock in this company and as such would have a conflict of interest. Mr. Kenton L. Aim, Counsel for the District, stated that a super majority is not required. A simple majority of the quorum is acceptable. Mr. Aim stated that the motion does not pass as three votes are required. It was moved by Member Nejedly and seconded by President Lucey, that repair of the failed centrifuge be authorized as needed in an amount not to exceed $130,000; that the General Manager be authorized to execute the appropriate contract with Alfa-Laval Separation, Inc. to accomplish this work; and that Resolution No. 2000-035 be adopted, authorizing sole source of the repair. Motion approved on the following vote: AYES: Members: Nejedly, Lucey, Menesini NOES: Members: None ABSENT: Members: Hockett ABSTAIN: Members: Boneysteele 10. HUMAN RESOURCES a. ADOPT A MEMORANDUM OF UNDERSTANDING WITH THE EMPLOYEES' ASSOCIATION. PUBLIC EMPLOYEES' UNION. LOCAL ONE. EFFECTIVE APRIL 18. 2000 THROUGH APRIL 17. 2003 Mr. Batts, General Manager, stated that at the last Board Meeting the proposed Memorandum of Understanding with the Employees' Association, Public Employees' Union, Local One, was reviewed with the Board in closed session and scheduled for adoption at this Board Meeting. It was moved by Member Boneysteele and seconded by Member Menesini, that the Memorandum of Understanding between the District and the Central Contra Costa Sanitary District Employees' Association, Public Employees' Union, Local One, effective April 18, 2000 through April 17, 2003, be adopted. There being no objection, the motion was approved with Member Hockett being absent. b. APPROVE PERSONNEL BUDGET FOR FISCAL YEAR 2000-2001 Mr. Batts, General Manager, stated that the District's 2000-2001 Personnel Budget was presented to the Board at the April 6 Board Meeting. Ms. Cathryn Freitas, Human Resources Manager, outlined the proposed personnel changes to the Board at that time and is available to answer any questions. It was moved by Member Nejedly and seconded by Member Menesini, that the Personnel Budget for Fiscal Year 2000-2001, identified as Items 1 through 10 in the position paper, be approved. There being no objection, the motion was approved with Member Hockett being absent. 05 02 00 . . 88 c. CREATE AND ADD TWO ENGINEERING ASSISTANT II POSITIONS (G-65. $3.959- $4.798): DELETE TWO ENGINEERING ASSISTANT 1/11 POSITIONS (G-60. G-65): ADOPT THE JOB CLASSIFICATION DESCRIPTIONS FOR ENGINEERING ASSISTANT I AND ENGINEERING ASSISTANT II: AND AMEND THE ENGINEERING ASSISTANT III JOB CLASSIFICATION DESCRIPTION Following explanation by Mr. Batts, General Manager, it was moved by Member Menesini and seconded by Member Nejedly, that two Engineering Assistant II positions (G-65, $3,959-$4,798) be created and added; that the job classification descriptions for Engineering Assistant I and Engineering Assistant II be adopted; and that the Engineering Assistant III job classification description be amended. There being no objection, the motion was approved with Member Hockett being absent. 11. APPROVAL OF MINUTES a. MINUTES OF APRIL 8. 2000 It was moved by Member Boneysteele and seconded by Member Menesini, that the minutes of April 6, 2000 be approved as presented. There being no objection, the motion was approved with Member Hockett being absent. 12. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED MAY 2.2000 Member Menesini, Chair of the Budget and Finance Committee, stated that he and Member Boneysteele reviewed the expenditures and found them in good order. It was moved by Member Menesini and seco,nded by Member Boneysteele, that the Expenditure List dated May 2, 2000, including Self Insurance Check Nos. 101612- 101613, Running Expense Check Nos. 124473-124698, and Sewer Construction Check Nos. 22132-22161, be approved as recommended. There being no objection, the motion was approved with Member Hockett being absent. 13. BUDGET AND FINANCE a. RECEIVE MARCH 2000 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance for the month of March 2000, noting that expenditures were $378,000 greater than budget, representing a 14.4 percent unfavorable variance. Year-to-date expenditures were $1.5 million less than budget, representing a 6.2 percent favorable variance. Year-to-date revenues of $18,399,000 were $684,000 greater than budget, representing a 3.9 percent favorable variance. 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 4.95 percent to 6.64 percent. The latest interest rate as of February 2000 was 6.64 percent. The average yield of the District's LAIF account through February 2000 was 5.8 percent. President Lucey declared that the March 2000 financial statements were duly received. 14. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 15. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS President Lucey requested an update on the Acme landfill gas contract negotiations. 05 02 00 89 16. CLOSED SESSION Mr. Kenton L. Aim, Counsel for the District;'stated that in addition to the two closed session items listed on the agenda, two items have come to the attention of the District subsequent to the deadline for positing the agenda and which require immediate action. Those items are the initial proposals of the Management Support/Confidential Group (MS/CG) and the proposed settlement of the William Bolin claim relating to a landslide at 30 St. Stephens Drive, Orinda. The initial proposals of MS/CG were received after the deadline for posting the agenda. Immediate direction from the Board in needed because the MC/CG contract expires June 17, 2000 anØ it is necessary to make progress on that matter. With regard to the Bolin landslide, Mr. Aim stated that Mr. Bolin has presented a settlement demand and has requested the District's response prior to his leaving the country before the next District Board Meeting in order to let a contract and have the landslide repaired this summer. Section 54954.2(b)(2) of the Brown Act provides that an item can be added to the agenda by two-thirds vote of the Board, or unanimous vote if less than two-thirds of the Board Members are present, if the item came to the attention of the District subsequent to the deadline for posting the agenda and immediate action is required. It was moved by President Lucey and seconded by Member Nejedly, that in accordance with Government Code Section 54954.2(b)(2), the Board of Directors of the Central Contra Costa Sanitary District determines that the issues of the MS/CG labor contract proposals and the Bolin landslide proposed settlement and the need to take immediate action came to the attention of the District subsequent to the agenda being posted, and that the items be added to the agenda for consideration by the Board in closed session. By unanimous vote of the Board Members present, the motion was approved. Member Hockett was absent. a. SIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section 54956.9(b), a point has been reached where in the opinion of the Board of Directors of the Central Contra Costa Sanitary District, on the advice of its Counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the District. Two potential matters are to be discussed. b. INITIATION OF LITIGATION Pursuant to Government Code Section 54956.9(c), on the advice of Counsel based on existing facts and circumstances, the Board of Directors of the Central Contra Costa Sanitary District has decided or is deciding whether to initiate litigation. One potential matter is to be discussed. c. LABOR NEGOTIATIONS With respect to labor negotiations, 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 the representatives of employee organizations regarding the salary, salary schedules or compensation paid in the form of fringe benefits to employees in order to review its position and instruct its designated representatives. The District's negotiators are Labor Counsel Allison Woodall, Human Resources Manager Cathryn Freitas, and Plant Operations Division Manager Doug Craig, and the pertinent employee organization is the Central Contra Costa Sanitary District Management Support/Confidential Group. At 4:58 p.m., President Lucey declared the closed session to discuss litigation pursuant to Government Code Sections 54956.9(b) and (c) and labor negotiations pursuant to Government Code Section 54957.6 as noted above. At 5:52 p.m., President Lucey excused himself and left the meeting. At 6:35 p.m., the closed session was concluded and the meeting reconvened in open session. 05 02 00 90 17. REPORT OF DISCUSSIONS IN CLOSED SESSION No decisions were made or votes taken in closed session which require reporting at this time. 18. ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned at the hour of 6:36 p.m. President of the Board of Director Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Se r ar of the Central ont Costa Sa . ry District, County of Contra Costa, State of California 05 02 00