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HomeMy WebLinkAboutBOARD MINUTES 07-11-85 213 MINUTES OF THE REGULAR BOARD MEETING OF lHE DISTRICT BOARD OF lHE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 11,1985 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 5019 Imhoff Pl ace, Marti nez, County of Contra Costa, State of Cal iforni a, at 7:30 p.m. on July 11, 1985. President Boneysteele called the meeting to order and requested that the Secretary call roll. I. ROLL CALL PRESENT: PBSENT: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele Members: None II. APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF MAY 30,1985 2. 3. APPROV AL OF MINUTES OF JUNE 6, 1985 APPROV AL OF MINUTES OF JUNE 20, 1985 It was moved by Member Clausen and seconded by Member Schmidt, that the minutes of May 30, 1985, and June 20, 1985, be approved as presented and that the minutes of June 6, 1985, be approved with the following corrections: Under Item VIII. ENGINEERING 1., AUTHORIZATION FOR P.A. 84-13 (CONCORD AREA) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO lHE DISTRICT, the first paragraph was amended to read: "Mr. Dolan, General Manager-Chief Engineer, stated that the District and the City of Concord have applied a practice which requires that properties requesting annexation to this District also annex to the City when they are within the City's sphere of influence. President Boneysteele reiterated his objection that this practice is contrary to his understanding of the District annexation policy as established by the Board. Mr. Dolan advised that the parcel in question was previously considered for annexation in August 1984. No action was taken at that time because the property owner did not have an agreement with the City of Concord regarding annexation to the City. The property owner and the City of Concord now have such an agreement. The subject of the annexation practice with the City of Concord will be discussed again in the context of the Concord contract." And under Item XIII. REPORTS, 4. BOARD MEMBERS, c. the words "in the agency" were amended to read "as a Board Member." There being no objection, the above motion was unanimously approved. III. EXPENDITURES 1. EXPENDITURE LIST DATED J UL Y 11, 1985 Member Dalton, member of the Budget and Finance Committee, stated he and Member Schmidt have reviewed the expenditures and found them to be sati sfactory. It was moved by Member Dalton and seconded by Member Schmidt, that the Expenditure List dated July 11, 1985, including Running Expense Warrant Nos. 20234-20699, Payroll Warrant Nos. 4145-4392, and Sewer Construction Warrant Nos. 3058-3095, be approved as presented. There being no objection, the motion was unanimously approved. 07 ~l 85 214 ()' l' IV. CONSENT CALENDAR It was moved by Member Carl son and seconded by Member Dal ton, that the Consent Calendar, consisting of five items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resolution No. 85-061 accepting an easement at no cost to the District from W. S. T. JACKSON, et ux, Lafayette area (Job 4060 - Parcel 1). 2. Resol uti on No. 85-062 accepti ng an easement at no cost to the District from DAVIDON INVESTORS - Walnut Creek area (Job 4059 - Parcel 1). 3. Resol uti on No. 85-063 accepti ng an easement at no cost to the District from DAVIDON INVESTORS - Walnut Creek area (Job 4059 - Parcel 2). 4. Resolution No. 85-064 accepting an easement at no cost to the District from lHE MARTIN GROUP OF COMPANIES, INC. - Danville area (J ob 4078 - Parcel 1>. 5. Authorization was given for P.A. 85-13 (Danvi]le) to be included in a future fonmal annexation to the District. The above motion was unanimously approved on the following roll call vote: AYES: Members: Carl son, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ÆSENT: Members: None CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER President Boneysteele advised that upon the arrival of all interested parties, Item No. VII. Solid Waste and Item No. XIII. Closed Session, will be taken out of order. Until that time, President Boneysteele departed from the order of the agenda to consider the foll ow i ng: VIII. PERSONNEL 1. NJlHORIZE ONE CONSTRUCTION EQUIPMENT OPERATOR POSITION (SALARY RANGE G-62) WITHIN COLLECTION SYSTEM OPERATIONS DE PARTIEN T lHROUGH NOVEM3ER 15, 1985 Mr. Roger J. Dolan, General Manager-Chief Engineer, advised that this is a request to create what in effect would be a temporary position in the District, and to fill that position by temporary appointment through the construction season. At the completion of the temporary appointment, the employee will then revert back to his previous status. Following discussion Member Carlson, of the Personnel Committee, stated the consensus of the Board that this approach is appropriate and would allow staff to proceed with the seasonal nature of the work. It was moved by Member Carlson and seconded by Member Clausen, that one Construction Equipment Operator position (Salary Range G-62) be authorized within the Collection System Operations Department through November 15, 1985. Moti on unanimousl y approved on the foll ow i ng roll call vote: - AYES: Members: Carl son, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 11 85 215 V. ENGINEERING FIVE YEAR CAPITAL IMPROVEMENT PLAN UPDATE 1. Mr. Dolan introduced Mr. Robert A. Baker, Deputy Chief Engineer, who reviewed the Five Year Capital Improvement Plan for the Board. The Five Year Capital Plan is a long-term financial planning and project management tool including project/expenditure identification, prioritization and cash flow analysis, and evaluation of various capital expenditure scenarios. The Plan is not intended to be a static document, but will be updated periodically to conform to changing priorities and funding outlook. Mr. Baker outlined the steps involved in the District's project planning and authorization system. President Boneysteele interrupted the presentation on the Five Year Capital Improvement Plan and moved to Item VII, Solid Waste, to accommodate interested parties in the audience. VII. SOL 10 WASTE 1. RECEIVE STAFF ANALYSES OF REFUSE COLLECTION RATE INCREASE APPL ICATIONS BY V ALLEY DISPOSAL SERV ICE, INC. AND ORINDA-P«>RPGA DISP<>SAL SERVICE, INC. Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Ernest J. Mortensen and Mr. Robert Hilton, of Price Waterhouse. Mr. Mortensen summarized the findings of the review of the basis for the Acme Landfill tipping fee increase as set forth in the Price Waterhouse report dated July 2, 1985. President Boneysteele thanked Mr. Mortensen for his presentation and requested that a representative of Price Waterhouse be present at the July 18 Public Hearing to respond to any questions raised. Mr. Walter N. Funasaki, Finance Officer, highlighted the staff analyses of the refuse collection rate increase applications submitted by Valley Disposal Service, Inc. and Orinda-Moraga Disposal Service, Inc. Mr. Funasaki reported that the 1984 net income of Valley Disposal, after adjustment, was significantly higher than forecasted using a 95 percent operating ratio. This resulted primarily from major growth occurring in the service area. The return on equity was 45 percent. Member Schmidt inquired whether the incremental increase in expenses associ ated with the i ncreased revenue generated by the new customers could be determined. Mr. Funasaki responded that the incremental expenses were not readily determinable, and no significant increase in expenses resulted. President Boneysteele requested that information relating to hazardous waste revenue and expenses be added i n the attachment of alternative adjustments to the Acme Fill tipping fees based on the Price Waterhouse findings for consideration at the July 18 Public Hearing. Mr. Funasaki proceeded to review the staff analysis of the Orinda-Moraga rate increase application. The operating ratio realized by Orinda-Moraga Disposal in the prior years was 89.9 percent and the return on equity was 30 percent, primarily because the forecasted expenses related to the trimming service instituted in Orinda in June 1984 were not as high as anticipated. Member Carlson requested staff prepare an analysis of the operating ratio for both collectors for the preceding five years. Member Carlson also requested that staff prepare a chart or comparison showing the operating ratio or range indicated in the February 1983 Price Waterhouse with some comparison to the marketplace. Mr. Sanford Skaggs, attorney for Valley Disposal Service, Inc. and Orinda-Moraga Disposal Service, Inc., advised the Board of areas of importance in the Price Waterhouse report and staff analysis for consideration at the following meeting relative to the findings of the July 2, 1985, Price Waterhouse report, and the respective refuse collection rate increase applications of Valley Disposal and Orinda-Moraga Disposal. 07 11 "85 216 There being no further discussion, President Boneysteele requested that the presentation of the Five Year Capital Improvement Plan resume. V. ENGINEERING 1. FIVE YEAR CAPITAL IMPROVEÞOENT PLAN UPDATE Mr. Baker, Deputy Chief Engineer, discussed the Five Year Capital Improvement Plan in detail. Beginning this year the capital improvement program will have to double in magnitude in order to meet District needs. Work on capital projects will double, so it will be necessary to carefully review manpower and consultant usage. At thi s time Presi dent Boney steel e departed fran the order of the agenda to consider Item XIII, Closed Session. XIII. CLOSED SESSION 1. EXISTING LITIGATION With respect to existing litigation, the closed session is being held pursuant to Government Code Section 54956.9(a). The titles of the litigation to be discussed are: CLOSED SESSION N2ENDA 1. July 11, 1985 EXISTING LITIGATION: Government Code Section 54956.9(a) a. CCCSD v. CCWD (Alum Sludge) Contra Costa County Superior Court No. 253195 b. CCWD v. CCCSD (Water Reclamation) Contra Costa County Superior Court No. 258786 c. Edmonston v. CCCSD Contra Costa County Superior Court No. 240998 d. Great American Hanes v. CCCSD Contra Costa County Superior Court No. 209105 e. McEvoy v. CCCSD Contra Costa County Superior Court No. 216995 f. Williamson v. CCCSD Contra Costa County Superior Court No. 219793 g. Peterson-Simpson v. CCCSD Contra Costa County Superior Court No. 190885 h. CCCSD v. Law i s Contra Costa County Superior Court No. 239772 i. Taggart v. CCCSD Contra Costa County Superior Court No. 243918 j. CCCSD v. Young v. CCCSD Contra Costa County Superior Court No. 247905 k. Llamas v. CCCSD Contra Costa County Superior Court No. 251586 1. CCWD v. CCCSD (Water Service District) Contra Costa County Superior Court No. 238047 m. Ullery/Warwick v. CCCSD Contra Costa County Superior Court No. 255138 n. Gilmore, McGeehon, Hoyt, et al. v. CCCSD Contra Costa County Superior Court No. 242697 0 7 r. 1".. \~1 iþ'~ !85 - <. 217 o. DeJ arnette v. CCCSD Contra Costa County Superior Court No. 187405 p. Wootten (Safeco) v. CCCSD Contra Costa County Superior Court No. 271338 q. Lee v. CCCSD Contra Costa County Superior Court No. 256866 r. Mellon Bank v. Shelter Development v. CCCSD Contra Costa County Superior Court No. 252419 s. CCCSD v. National Union Contra Costa County Superior Court No. 255498 t. Vered v. CCCSD Contra Costa County Superior Court No. 272402 u. ENGEO Inc. v. CCCSD Contra Costa County Superior Court No. 251036 2. 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. The title of the litigation is not being identified because to do so would jeopardize the Board's ability to conclude existing settlement negotiations to its advantage. 3. INITIATION OF LITIGATION Pu rsua nt to Government Code Sect ion 54956.9 (c) , on the adv i ce of Counsel based on existing facts and circumstances, the Board of Directors of the Central Contra Costa Sanitary District has decided to initiate or is deciding whether to initiate litigation. The title of the litigation is not being identified because to do so would jeopardize the ability of the District to effectuate service of process or to advantageously conclude existing settlement negotiations. At 9:04 p.m., President Boneysteele declared the closed session to discuss litigation pursuant to Government Code Sections 54956.9(a), (b), and (c). At 10:30 p.m., President Boneysteele concluded the closed session and reconvened the meeting into open session. XIV. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION At this time, Item VI. Legal/Litigation, was considered. VI. LEGAL/LITIGATION REQUEST TO INCREASE lHE N.JlHORIZED EXPENDITURE LEVEL FOR lHE DISTRICT LEGAL SERVICES 1. Mr. Dolan, General Manager-Chief Engineer, stated that on the basis of the information provided in closed session, staff recommends the augmentation of legal service expenditures by $269,000. It was moved by Member Dal ton and seconded by Member Cl ausen, that an increase to the expenditure level for legal services for O&M and Project-related cases in the amount of $269,000 be authorized. Motion unanimously approved on the following roll call vote: AYES: NOES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele Members: None ., ...-.- ABSENT: Members: None President Boneysteele then reverted to the order of the agenda. 0 ~' i:11 r 8: 5,..", - "', ..~. '.' 218 v. ENGINEERING 1. FIVE YEAR CAPITAL IMPROVEMENT PLAN UPDATE Mr. Baker, Deputy Chief Engineer, indicated his willingness to answer any questions the Board might have. President Boneysteele suggested that in consideration of the recent labor negotiation process and resulting Memorandum of Understanding, that the Women's Locker Roan at the Treatment Plant be classified as an "A" priority. Staff concurred. VI. LEGAL/LITIGATION REQUEST TO INCREASE lHE AUTHORIZED EXPENDI1URE LEVEL FOR lHE DISTRICT LEGAL SERVICES 1. 1. This item was taken out of order earlier in the agenda. VII. SOL ID WASTE RECEIVE STAFF ANALYSES OF REFUSE COLLECTION RATE INCREASE APPLICATIONS BY VALLEY DISPOSAL SERVICE, INC. AND ORINDA-MORAGA DISPOSAL SERVICE, INC. This item was taken out of order earlier in the agenda. VIII. PERSONNEL 1. J'LJlHORIZE ONE CONSTRUCTION EQUIPMENT OPERATOR POSITION (SALARY RANGE G-62) WITHIN COLLECTION SYSTEM OPERATIONS DEPARTMENT lHRCUGH NOVE~ER 15, 1985 This item was taken out of order earlier in the agenda. IX. MATTERS FROM lHE PUBLIC 1. K. BARKER Letters fran Mr. Kenneth Barker dated June 7, 1985, and June 25, 1985, were received and filed. A presentation was made to the Board of Directors by Mr. Barker. X. ITEMS LATE FOR lHE AGENDA None XI. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER Due to the lateness of the hour, the General Manager-Chief Engineer deferred his report until the next meeting. 2. COUNSEL FOR lHE DISTRICT None 3. SECRETARY OF THE DISTRICT a. The Trai ni ng/Conference Summary for the period April-June 1985 was presented. b. A request for information for the Annual Report was distributed to Board Members. 4. BOARD ME~ERS a. Member Clausen requested and received a brief status report on the investigation of alternatives for District insurance coverage. 07;11- :85 219 XII. MATTERS FROM lHE BOARD NOT ON lHE PßENDA President Boneysteele requested that staff draft a letter for his signature supporting continuation of the Clean Water Act's construction grants program. XIII. CLOSED SESSION This item was taken out of order earlier in the agenda. XIV. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION This item was taken out of order earlier in the agenda. XV. ADJ OORNMENT There being no further business to come before the Board, President Boneysteele adjourned the meeting at the hour of 11:13 p.m. ~M 0 the Bœrd ~ r~ors. Central Contra Costa San ry District, County of Contra Costa, ate of California COUNTERS IGNED: 0 7 1 1 8 5 't \Î,<t~~ f"', ;¿ " . 4