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HomeMy WebLinkAboutBOARD MINUTES 12-07-89 212 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON DECEMBER 7,1989 The District Board of the Central Contra Costa Sanitary District convened in a regular meeting at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 3 p.m. on December 7,1989. In the absence of Prest dent Rai ney and Presi dent Pro Tem Boneysteele, Member Clausen called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Dal ton, Carl son, Cl ausen ,ABSENT: Members: Boneysteele, Rainey Members Boneysteele and Rainey had previously indicated they would be unable to attend this meeting and requested to be excused. 1. ELECTION OF DISTRICT BOARD PRESIDENT AND PRESIDENT PRO TEM Member Clausen suggested that the election of the District Board President and President Pro Tern be held until the next meeting when the full Board can be present. Members Dalton and Carlson concurred. II. PUBLIC COMMENTS Non~ III. CONSENT CALENDAR It was moved by Member Dalton and seconded by Member Carlson, that the Consent Calendar, consisting of seven items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Quitclaim Deeds to Steven G. Abbott, et ux, and to John Turner, Jr., et ux, Job 690, Lots 50 and 51, Las Lomitas Subdivision- Unit 1, Danville area, were approved; the President of the Di stri ct Boa rd of Di rectors an d th e Secreta ry of th e Di stri ct were authorized to execute and record said Quitclaim Deeds, and Resolution Nos. 89-196 and 89-197 were adopted to that effect. Motion approved on the following vote: AYES: Members: Dalton, Carl son, Cl ausen NOES: Members: None ,ABSENT: Members: Boneysteele, Rainey 2. Authorization was given for P.A. 89-29 (Martinez) and P.A. 89-30 (Danville) to be included in a future formal annexation to the District. Motion approved on the following vote: AYES: NOES: Members: Dalton, Carlson, Clausen Members: None PBSENT: Members: Boneysteele, Rainey 3. The Consent to Dedication to Contra Costa County, Subdivision 7188, Job No. 3465, was approved; the President of the District Board of Di rectors and the Secretary of the District were authorized to execute sat d document; i ts recordi ng by Contra Costa County was authorized; and Resol uti on No. 89-198 was adopted to that effect. . , 12 07 89 ,. : .. " 213 Motion approved on the following vote: AYES: Members: Dal ton, Ca rl son, Cl au,sen NOES: Members: None ,ABSENT: Members: Boneysteel e, Rainey 4. A public hearing was set for 3 p.m. on December 21, 1989, ,to receive public comment on the Negative Declaration for the Treatment Pl ant Headworks Repl acement Proj ect <Di stri ct proj ect, 20069). Motion approved on the following vote: AYES: Members: Dalton, Carlson, Clausen NOES: Members: None ,ABSENT: Members: Boneysteele, Rainey 5. A public hearing was set for January 11, 1990 at 3 p.m. to consider Annexation 114 as amended by the Local Agency Formation Commission (LAFCO). Motion approved on the following vote: AYES:' Members: Dal ton, Carl son, Cl ausen NOES: Members: None ,AB SEN T: Members: Boneysteele, Rainey 6. The contract work for constructi on of the Marti nez Early Start Project (District Project 4429) was accepted and the filing of the Notice of Completion was authorize. Motion approved on the following vote: AYES: Members: Dalton, Carlson, Clausen NOES: Members: None ,ABSENT: Members: Boneysteele, Rainey 7. Resolution No. 89-199 was adopted, establishing the Sewer Construction Fund appropriations limit in the amount of $10,627,434 for the 1989-1990 fiscal year, in accordance with Article XIII B of the California Constitution. Motion approved on the following vote: AYES: Members: Dalton, Carlson, Clausen NOES: Members: None ,ABSENT: Members: Boneysteele, Rainey CALL FOR REQUESTS TO CONSIDER ITEMS ooT OF ORDER None IV. SOLID WASTE 1. PRESENTATION BY GARY BRAYTON, OF TOUQ-IE ROSS, REGARDING COUNTY- SPONSORED STIJDY TO SET RATES FOR ACME TRANSFER STATION Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that because of the absence of Board Members Boneysteel e and Rai ney, Mr. Brayton was requested to hol d hi s presentation until the next Board meeting. \ 1,2-:: O~'7,' 8':9 214 v. AIJ.1INISTRATIVE 1. ADOPT A RESOLUTION AMENDING EXHIBIT A, DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES OF THE DISTRICT CONFLICT OF INTEREST CODE Mr. Dolan, General Manager-Chief Engineer, stated that the designated positions of the District's Conflict of Interest Code are rev i ewed on an annual basi s. Because of creati on of new posi ti ons and changed responsibilities during the past year, the positions of Operations Support Supervisor, Senior AccountantlInternal Auditor, Accounting Supervisor, Source Control Inspector, and Administrative Analyst should be added to the list of designated positions. In addition, the position of Maintenance Supervisor should be deleted from the 1 i st. It was moved by Member Dal ton and seconded by Member Carl son, that Resolution No. 89-200 amending Exhibit A, Designated Positions and, Disclosure Categories of the Central Contra Costa Sanitary District Confl ict of Interest Code, be adopted and that the Secretary of the Di stri ct be authorized to submit a copy of sat d code amendment to the Contra Costa County Board of Supervisors for approval. Motion approved on the following vote: AYES: Members: Dalton, Carlson, Clausen NOES: Members: None ,ABSENT: Members: Boneysteele, Rainey VI. ENGINEERING 1. ,4JJTHORIZE THE GENERAL MANPGER-CHIEF ENGINEER TO EXEQJTE AN PGREEMENT WITH JOHN CAROLLO ENGINEERS FOR PRE-DESIGN OF IMPROVEMENTS TO THE ORINDA CROSSROADS/MORAGA PUMP STATIONS, DISTRICT PROJECT 4667 ' Mr. Dolan, General Manager-Chief Engineer, stated that this item is a follow-on task for the Pumping Station Master Plan reviewed at the last Boa rd meeti ng. It was moved by Member Carlson and seconded by Member Dalton, that the General Manager-Chi ef Engi neer be authorized to execute a cost reimbursement agreement with a cost ceiling of $213,598 with John Carollo Engineers for the pre-design of Improvements to the Orinda Crossroads/Moraga Pumping Stations, District Project 4667. Motion approved with Members Boneysteele and Rainey being absent. 2. ,4JJTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER, TO EXEQJTE A CONTRACT AMENIJ.1ENT WITH ESA, INC. TO PREPARE lHE CONTRA COSTA BLVD. RELIEF INTERCEPTER PROJECT AND "A" LINE RIGHT-OF-WAY ACQUISITION PROJECT EIR <DISTRICT PROJ ECT 4271) Mr. Dol an, General Manager-Chi ef Engi neer, stated that the Contra ,Costa Blvd. Relief Interceptor Project and "A" Line Right-of-Way Acquisition Project began in 1986. When the project began, there was a concept for desi gn and constructi on; but early in the proj ect after i ni ti al authorizati ons were received, it became cl ear that there were some opportunities to optimize the sequence of construction in such a way as to lower the overall project cost. Mr. Dolan introduced Mr. David Williams, Engineering Division Manager, and Mr. James Kelly, Planning Division Manager. Mr. William,s reviewed the need for the Contra Costa Blvd. Relief . Interceptor Project and "A" Line Right-of-Way Acquisition Project, the results of the facilities plan, and the overall budget and schedule. Mr. Wi lli ams i ndi cated that a post ti on paper on the pre-desi gn for the project will be presented at the next Board meeting. Mr. Kelly briefly highlighted the California Environmental Quality Act (CEQA) process and complexities, recent court decisions relating to EIRs, the recently completed facilities plan, and the EIR schedule. Board discussion followed concerning the depth of of the inlets for the Headworks Project and use of existing Headworks facilities. 1.2' 0:.7,; 8,"9. 215 Following discussion, it was moved by Member Carlson and seconded by Member Dal ton, that the General Manager-Chi ef Engi neer be authorized to execute a contract amendment with Environmental Science Associates, Inc. in the amount of $97,200 for preparation of the Contra Costa Blvd. Relief Interceptor Project and the "A" Line Right-of-Way Acquisition Project EIR. Motion approved with Members Boneysteele and Rainey being absent. VII. LEGAL/ LITIGATION 1. DENY INDEMNITY CLAIM FROM DALTON OONSTRUCTION COMPANY Mr. Dolan, General Manager-Chief Engineer, reported that this indemnity claim relates to tunneling work done by TM Road Boring, a subcontractor, on the 1680/SR24 Sewer Relocation Project. Staff recommends denial of the claim. It was moved by Member Dalton and seconded by Member Carlson, that the claim from Dalton Construction Company for indemnification by the District on the TM Road Boring lawsuit against Dalton Construction Company and the District, be denied. Motion approved with Members Boneysteele and Rainey being absent. 2. DENY CLAIM FROM PLANT MAINTENANCE INCORPORATED Mr. Dolan, General Manager-Chief Engineer, stated that this claim should be covered by the contractor's insurance program under which the District is an additionally named insured. It was moved by Member Dalton and seconded by Member Carlson, that the $9,115.71 claim from Plant Maintenance Incorporated be denied and referred to staff for further action as necessary. Motion approved with Members Boneysteele and Rainey being absent. VIII. CORRESPONDENCE 1. RECEIVE LETTER FROM RETIRED REAR A~IRAL IAN lHOMSON CONCERNING "THE VALLEY WASTE MANPGEMENT RECYCLING PROORAM . RECEIVE LETTER FROM HELEN W. BARROIIS CONCERNINGGARBPGE COSTS 2. Receipt of letters from Retired Rear Admiral Ian Thomson concerning the Valley Waste Management Recycling Program and Helen W. Barrows concerning garbage costs, was acknowledged. IX. APPROV AL OF MINUTES 1. MINUTES OF NOVEtJBER 16, 1989 It was moved by Member Carlson and seconded by Member Dalton, that the minutes of November 16, 1989, be approved as presented. Motion approved with Members Boneysteele and Rainey being absent. X. APPROV AL OF EXPENDITURES 1. EXPENDITURE LIST DATED DECEMBER 7, 1989 Member Dalton, member of the Budget and Finance Committee, stated that he and Member Clausen reviewed the expenditures and found them to be sa ti sf actory . It was moved by Member Dalton and seconded by Member Clausen, that the Expenditure List dated December 7, 1989, including Self-Insurance Check Nos. 100407-100409, Running Expense Check Nos. 49863-50114, Sewer Construction Check Nos. 7709-7748, and Payroll Check Nos. 18646-18910, be approved as recommended. Motion approved with Members Boneysteel e and Rainey being absent. XI. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 12 07 89 216 1. XII. GENERAL MANffiER-CHIEF ENGINEER REPORTS a. Mr. Dol an, General Manager-Chief Engi neer, reported that i n early fall, the Orinda-Moraga recycling program began and many calls were received. That program is now up and running and the calls have stopped. We are now implementing recycling programs in Danville and Alamo. Valley Waste Management has received between 250 and 300 calls, and Di stri ct staff has handled approximately 100 èalls. Mr. Dolan briefly touched on the issues raised by the callers and the population of the service areas. Many of the long-term recycl ers may eventually appreci ate the conveni ence offered by curbside pickup. However, some may still have concerns at the time of our next rate hearing. We may wish to develop some method of communicating directly with the public, such as a mailer. Member Clausen suggested that a follow-up survey might be used. b. Mr. Dolan stated that at a recent Board meeting, the subject of bid bond requirements was raised. Mr. Dolan briefly reviewed the Di stri ct' s current practi ces and statutory req ui rements. As a resul t of the review, a change in policy will be implemented. Bid/ performance/payment bonds will generally be requi red for jobs over $25,000 and only on jobs less than $25,000 when there is a special concern. This will still provide opportunities for small contractors, while not exposing the District to excessive risks. c. At the Special District Meeting in October, it was decided that we should pursue legislation allowing special districts to vote on County Solid Waste Management Plan approval. Mr. Dolan distributed a draft letter to our local legislators prepared by Ms. Elaine Jacobs, Assistant Engineer. Ms. Joyce McMillan, Secre'tary of the District, has surveyed our state legislative delegation and learned that an AB 939 clean-up bill is in progress and that several legislators are interested in learning more about our position. Following a brief discussion, it was the consensus of the Board that the draft letter be approved and sent to our State legislative delegation. d. The proposed letters to Danville, Lafayette, Moraga, and Orinda concerning development of a Household Hazardous Waste Program were approved as presented. e. Mr. Dolan announced that the proposed Blum Road homeless shelter has been removed from the list for active consideration. f. Computer-Aided Drafting (CAD) system implementation is underway. District staff is continuing to work with other agencies on joint use and development of base maps. The District will purchase some of the hardware i n the near future, and we have been advi sed that we will receive many of the base maps from Contra Costa County this spring. g. Mr. Dòlan stated that the Board was previously advised that the results of testing at the M-2 Line repair indicated acetone and benzine. These data proved to be i n error. We have secured the open excavati on and completed an adequate repair. We need to do some clean-up work to secure the area. We expect to be done by next week. h. Mr. Dol an announced that the Board Room HV AC system was not operating earlier today. Messrs. Bob Robertson and Harold Newman fixed the problem and got the system working for the Board Meeting. 2. COUNSEL FOR "THE DISTRICT Mr. Kenton L. Alm, Counsel for the District, stated that at a previous Board Meeting, Board Member Clausen questioned the security of the Di stri ct investments hel d by Contra Costa County i n the County's name. Thi s issue has been looked into and a pl an of action developed. Mr. Alm provided background on investment of surplus District funds and the unw ritten agreement with Contra Costa County. There i s statutory authority that allows a county to provide investment services for special districts; however, it does not specifically address the issue :of insolvency or some similar issue. Mr. Alm stated that he did not believe there is any great danger to the District's investments in the immediate . , . ; 19. - .' "0., QO 217 future. The relationship that we currently have with the County is ei ther an agency or trust rel ati onshi p, and the Di stri ctwoul d be treated as a preferred creditor in the event of insolvency. However, because it is a large sum of money, the District should take steps to ensure that we are protected. The District could require that the securities be put in the District's name. Since the County handles investments for some 60 speciai districts, this could be burdensome to them. The District could handle our investments in-house rather than having the County perform the service. Lastly, the District could formalize the relationship with the County by contract. A draft of such a contract has been produced, and the County has i ndi cated they woul d be willing to enter into such a contract. Mr. Alm recommended that the contract be reviewed and analyzed by bankruptcy counsel prior to submitting the contract to the County. The Board concurred that we should pursue the option of formalizing our relationship with the County in a contract and that the contract should be revi ewed by a bankruptcy counsel., In response to a question from Member Clausen, Mr. Walter Funasaki, Finance Officer, stated that the State maintains the District's funds in the Local Agency Investment Fund (LAIF) in an account in the District's name. 3. SECRETARY OF THE DISTRICT None 4. BOARD MEM3ERS Member Clausen reported that the Solid Waste Export Committee will meet on December 11, 1989 at 11 a. m. i n Alameda County. Member Cl ausen suggested that a staff person attend. XIII. ANNOUNCEMEN TS None XIV. CLOSED SESSION None xv. ACTION RESULTING FROM DISCUSSIONS IN CLOSED SESSION None XVI. ADJ OJRNMENT There bei ng no further bust ness to come before the Board, Member Clausen adjourned the meeting at the hour of 4:29 p.m. 1U~- President of the Board of Directors Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: /~ ('.. I"f'~ (ì' . .....:' " I._i.'j..//,- S~ r~ ary of the' Central Contra C ta Sanitary District, County of Contra Costa, State of California 12 07 89