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HomeMy WebLinkAboutBOARD MINUTES 02-06-92 26 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON FEBRUARY 6, 1992 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 3:00 p.m. on February 6, 1992. President Boneysteele called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Clausen, Dalton, Starita, Rainey, Boneysteele ABSENT: Members: None 2. PUBLIC COMMENTS Mr. Joe Oblaczinski, of Stone Portable Toilets, addressed the Board requesting approval of a permit to dump at the District Treatment Plant. Mr. Oblaczinski explained that his company had a problem with Delta Diablo Sanitation District, when a Stone Portable Toilets employee dumped into the sewer system. That employee has been dismissed. The action brought by Delta Diablo Sanitation District against Stone Portable Toilets has been dropped by the District Attorney's Office. Mr. Green, an employee of Stone Portable Toilets, addressed the Board, confirming Mr. Oblaczinski's statements and requesting that this matter be resolved by the Board. Mr. David Williams, Planning Division Manager, reviewed the status of the application for a waste hauler permit from Stone Portable Toilets. Mr. Williams stated that Delta Diablo Sanitation District is pursuing administrative action against Stone Portable Toilets. Mr. Williams stated, that as provided in the District Code, staff is awaiting the outcome of the Delta Diablo Sanitation District administrative action before proceeding with this matter. A letter has been sent to Mr. Oblaczinski advising him of the status of the application for a waste hauler permit. President Boneysteele requested that this matter be placed on a Board agenda. 3. CONSENT CALENDAR President Boneysteele requested that Item g. be removed from the Consent Calendar for discussion. It was moved by Member Rainey and seconded by Member Starita, 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. 92-009 accepting work and Offers of Dedication from Lorraine L. Rivers, Job 4773, Parcel 1, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: Rainey, Starita, Clausen, Dalton, Boneysteele NOES: Members: None ABSENT: Members: None b. Resolution No. 92-010 accepting work and Offers of Dedication from William E. Davis, Jr. and Patricia E. Davis, Job 4773, Parcel 2, was adopted and recording was authorized. "02 0'06 92 27 Motion unanimously approved on the following vote: AYES: Members: Rainey, Starita, Clausen, Dalton, Boneysteele NOES: Members: None ABSENT: Members: None c. Resolution No. 92-011 accepting work and Offers of Dedication from Jeffrey R. McCaslin and Vicki McCaslin, Job 4773, Parcel 3, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: Rainey, Starita, Clausen, Dalton, Boneysteele NOES: Members: None ABSENT: Members: None d. February 20, 1992 was established as the date for a public hearing to consider establishing equalization charges for Local Improvement District No. 57 (Mid-Hill Sewer Project). Motion unanimously approved on the following vote: AYES: Members: Rainey, Starita, Clausen, Dalton, Boneysteele NOES: Members: None ABSENT: Members: None e. Andrew Antkowiak, Assistant Engineer in the Engineering Department, was granted a five percent salary increase effective January 13, 1992, for professional registration differential provided for in the Memorandum of Understanding between the District and the Central Contra Costa Sanitary District Employees' Association, Public Employees' Local No.1. Motion unanimously approved on the following vote: AYES: Members: Rainey, Starita, Clausen, Dalton, Boneysteele NOES: Members: None ABSENT: Members: None f. B. Thomas Godsey, Assistant Engineer in the Collection System Operations Department, was granted a five percent salary increase effective January 27, 1992, for professional registration differential provided for in the Memorandum of Understanding between the District and the Central Contra Costa Sanitary District Employees' Association, Public Employees' Local No.1. Motion unanimously approved on the following vote: AYES: Members: Rainey, Starita, Clausen, Dalton, Boneysteele NOES: Members: None ABSENT: Members: None Mr. Dolan, General Manager-Chief Engineer, requested that Item g. be held until later in the meeting. Mr. Dolan stated that extensive changes were made to the letters as a result of discussions with President Boneysteele. Those changes are now being made and should be completed soon. The Board agreed. 02 06 92 28 CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 4. BIDS AND AWARDS a. AWARD THE MT. DIABLO SIPHON SLlPLINING PROJECT. DP 4535B. TO D' ARCY AND HARTY CONSTRUCTION INC. AND AUTHORIZE A CONTINGENCY ALLOCATION OF $152.000 Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Dalton and seconded by Member Starita, that award of contract in the amount of $58,400 for the Mt. Diablo Siphon Sliplining Project, DP 4535B, be authorized to D' Arcy and Harty Construction Inc., as the lowest responsible bidder, and that the General Manager-Chief Engineer be authorized to allocate $152,000 from the Collection System Contingency Account. Motion unanimously approved on the following roll call vote: AYES: Members: Dalton, Starita, Clausen, Rainey, Boneysteele NOES: Members: None ABSENT: Members: None Mr. Dolan, General Manager-Chief Engineer, suggested that Item 6., Correspondence, be brought forward since it relates to the matter just considered by the Board. 6. CORRESPONDENCE a. NOTE RECEIPT OF LETTER FROM MOUNTAIN CASCADE INC.. CONCERNING THE MT. DIABLO SLlPLINING PROJECT. DP 4535B. AND CONSIDER DRAFT RESPONSE Mr. Peter M. Wiebens, Project Engineer for Mountain Cascade Inc., addressed the Board, stating that all bids, including the lowest responsible bid submitted by Mountain Cascade Inc., were rejected by the Board of Directors at their meeting on January 9, 1992. Mr. Wiebens requested compensation for the time and expenses incurred by Mountain Cascade Inc. in preparing the bid proposal for the Mt. Diablo Siphon Sliplining Project. Board discussion followed wherein Member Rainey stated that some of the Board Members felt the language in the specifications was unclear and in the interest of savings the ratepayers money it was appropriate to rebid the project. Mountain Cascade Inc. then did not resubmit a bid. There being no further discussion, it was the consensus of the Board that the draft letter be revised and that the Secretary of the District be authorized to execute said letter on behalf of the District, denying the request for compensation for time and expenses incurred in preparation of the bid. 5. ADMINISTRATIVE a. ADOPT A RESOLUTION TO REVISE THE LIST OF EMPLOYEES AUTHORIZED TO HAVE ACCESS TO THE DISTRICT'S SAFE DEPOSIT BOX It was moved by Member Starita and seconded by Member Rainey, that Resolution No. 92-012 be adopted, adding Accounting Technician James M. Desurne to, and deleting Accountant Deborah D. Hinkson from, the list of employees authorized access to the District's safe deposit box. Motion unanimously approved on the following vote: AYES: Members: Starita, Rainey, Clausen, Dalton, Boneysteele NOES: Members: None ABSENT: Members: None At this time President Boneysteele reverted to Consent Calendar Item g. ,,02 0'6 92 29 g. 3. CONSENT CALENDAR ADOPT RESOLUTIONS AFFIRMING THE ESTABLISHING OF NEW REFUSE COLLECTION RATES FOR VALLEY WASTE MANAGEMENT AND ORINDA- MORAGA DISPOSAL SERVICE. INC.. EFFECTIVE JANUARY 1. 1992. AND APPROVING DRAFT RESPONSES TO LETTERS SUBMITTED BY AFFECTED CITY/TOWN COUNCILS It was moved by Member Clausen and seconded by Member Dalton, that Resolution No. 92-007 be adopted, affirming the establishment of new rates for refuse collection for Valley Waste Management within Zones 2, 4, and 5 effective January 1, 1992. Motion unanimously approved on the following roll call vote: AYES: Members: Clausen, Dalton, Starita, Rainey, Boneysteele NOES: Members: None ABSENT: Members: None It was moved by Member Rainey and seconded by Member Starita, that Resolution No. 92-008 be adopted, affirming the establishment of new rates for refuse collection for Orinda-Moraga Disposal Service, Inc. within Zones 1 and 1 A effective January 1, 1992. Motion approved on the following roll call vote: AYES: Members: Rainey, Starita, Clausen, Dalton NOES: Members: Boneysteele ABSENT: Members: None The draft letters to the Cities of Lafayette and Orinda and the Towns of Danville and Moraga were discussed in detail, and modifications were made. It was the consensus of the Board that the letters to the affected cities and towns be approved as modified, and that copies of the letters be forwarded to the appropriate collectors with a cover letter from the Secretary of the District. At 4:30 p.m., President Boneysteele declared a recess, reconvening at the hour of 4:36 p.m., with all parties present as previously designated. At this time, President Boneysteele reverted to the order of the agenda. 7. APPROVAL OF MINUTES a. MINUTES OF ADJOURNED REGULAR MEETING OF JANUARY 23. 1992 It was moved by Member Starita and seconded by Member Dalton, that the minutes of the Adjourned Regular Meeting of January 23, 1992, be approved as presented. There being no objection, the motion was unanimously approved. 8. APPROVAL OF EXPENDITURES EXPENDITURE LIST DATED FEBRUARY 6. 1992 a. Member Clausen, member of the Budget and Finance Committee, stated that he and Member Starita reviewed the expenditures and found them to be satisfactory. It was moved by Member Clausen and seconded by Member Starita, that the Expenditure List dated February 6, 1992, including Running Expense Check Nos. 65729-65877 and Sewer Construction Check Nos. 10692-10719, be approved as recommended. There being no objection, the motion was unanimously approved. 02: 06-;'92 ------------"-'------~--'- ---......,.--.. ----. 30 9. BUDGET AND FINANCE RECEIVE THE 1991-1992 OPERATIONS AND MAINTENANCE BUDGET REVIEW FOR THE SIX MONTHS ENDED DECEMBER 31. 1991 a. Mr. Dolan, General Manager-Chief Engineer, drew the Board's attention to key figures presented in the position paper. By the end of the fiscal year, it is projected that there will be a shortfall in total revenues of $545,000, representing 2.0 percent. The District's managers have recognized that the revenue shortfall was occurring and in response they have been curtailing expenditures wherever possible. As of December 31, 1991, expenditures are $699,000 under budget, representing a 5.2 percent favorable variance. Mr. Dolan introduced Mr. Walter N. Funasaki, Finance Officer, who reported that total revenues are projected to be $545,000 or 2.0 percent underrealized at June 30, 1992. Total expenses are projected to be $613,000 less than budget at June 30, 1992, representing a 2.3 percent favorable variance. As result, a $44,000 surplus is projected for the fiscal year compared to the $24,000 budgeted deficit. A favorable variance in reserves of $27,000 is projected at fiscal year end. Mr. Funasaki reviewed the projected major variances in revenues and expenses. Discussion followed concerning the budgeted deficit and the Governor's revenue proposal that would take ad valorem tax revenues from special districts and place it in the State's General Fund for use in supporting schools. Member Clausen commended staff on the thorough and detailed presentation and on the excellent job done in controlling expenditures in light of the revenue shortfall. b. RECEIVE DECEMBER 1991 FINANCIAL STATEMENTS Mr. Walter N. Funasaki, Finance Officer, reported that, as of December 31, 1991, the District's temporary investments were held in Treasury bills and notes, commercial paper, and the District's Local Agency Investment Fund (LAIF) account, with interest rates ranging from 8.72 percent to 4.397 percent. The latest interest rate at December 31, 1991, was 4.650 percent. The average yield for the LAIF account through December 31 , 1 991, was 6.31 8 percent. On behalf of the Board, President Boneysteele thanked staff for the clarity and detail of the six month review, and noted that the December 1991 Financial Statements were duly received. 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 11. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, reported that the District is approaching an important milestone in the Water Reclamation Project. Central San staff and Contra Costa Water District (CCWD) staff are closing in on a draft water reclamation contract which will come before the two Boards in the near future. The District's Water Reclamation Board Committee, Members Boneysteele and Dalton, will meet on February 14, 1992, to review the draft contract. Mr. Dolan highlighted the CCCSD/CCWD joint water reclamation plans. Preliminary figures indicate that the distribution system costs are fairly substantial and that they make the reclaimed water project expensive; how expensive depends on the cost of new water. Member Starita left the meeting at the hour of 5:20 p.m. Member Starita had previously indicated that he had to leave the meeting early and had requested that he be excused. 02'06, ,:92 31 Mr. Dolan introduced Mr. James M. Kelly, Plant Operations Division Manager, who summarized the terms of the draft water reclamation contract and the responsibilities of Central Contra Costa Sanitary District and Contra Costa Water District. Mr. Kelly stated that following the Board Water Reclamation Committee meeting on February 14, 1992, the draft contract will be brought to the full Board; and finally, a joint CCCSD/CCWD Board meeting will be conducted at which the water reclamation contract will be signed. 2) Mr. Dolan reported that he was contacted by two engineers who have been working on water environment issues in Russia about the possibility of a cooperative relationship between St. Petersburg and the District. The program would entail having a CCCSD engineer or manager work in St. Petersburg for a ten-day period analyzing their water environment problems and developing recommended solutions. In conjunction, an operations supervisor or engineer from St. Petersburg would work at the District for up to a year. The budgetary implications to the District include travel for the District employee and salary for the individual from St. Petersburg. Mr. Dolan indicated that he did not have specific details because he first wished to get an expression of interest from the Board of Directors. If the Board is interested in proceeding, more detailed information will be secured and this matter will be brought before the Board again in the budgetary process. Following discussion, the Board expressed support for the concept but requested more information on the costs. Mr. Dolan stated that he would obtain that information. 3) Mr. Dolan stated that as staff begins the budgeting process, new ways of complying with the Clean Air requirements are being investigated. Mr. Dolan introduced Mr. John A. Larson, Collection System Operations Department Manager, who stated that if current plans proceed, in 1998 the District will be mandated by the Bay Area Air Quality Management District (BAAQMD) to have 30 percent of its small vehicle fleet in alternative fuel vehicles or alternative energy sources. By the new Clean Air requirements, BAAQMD hopes both to stimulate production of those vehicles and to reduce air emissions. Mr. Larson reviewed the alternative fuel and alternative energy options and the costs for each. It is proposed that a variable fuel vehicle and three compressed natural gas conversions be purchased. Following discussion, it was the consensus of the Board that a position paper be prepared for consideration by the Board. Mr. Dolan agreed. 4) Mr. Dolan stated that at the last meeting, the Board was advised that temporary service was provided to the Shell Refinery and that the District would be preparing a bill for that service. The normal rates and charges of the District fall into two categories: capital and O&M. It is planned that Shell will be billed for both operating charges based on the normal table of rates for O&M. The capital cost component will be based on the logic of rental of capital facilities to Shell based on 1 percent of the capital cost per month. The Board concurred with that approach. 5) Mr. Dolan announced that as required by federal law, Notice of Significant Noncompliance of federal and local pretreatment regulations will be published in the near future. Mr. Dolan listed the industrial users in significant noncompliance during the 1 991 calendar year as follows: Chevron Corporation Geotechnical Center 6001 Bollinger Canyon Rd. San Ramon, CA East Bay Municipal Utility District (EBMUD) Lafayette Filter Plan 3848 Mt. Diablo Blvd. Lafayette, CA 02 06 92 , .. 32 Etch- Tek, Inc. 2455 Bates Ave. Concord, CA The Stripping Workshop 2565 Cloverdale Ave. Concord, CA X- Tex Service and Repair 425 Moraga Rd. Moraga, CA b. COUNSEL FOR THE DISTRICT None c. SECRETARY OF THE DISTRICT None d. BOARD MEMBERS None 12. ANNOUNCEMENTS None 13. CLOSED SESSION a. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(aL The title of the litigation discussed was Acme Landfill Corp. versus Althin CD Medical, Inc., et ai, U.S. District Court No. C91-4268 VRW. 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 to initiate or is deciding whether to initiate litigation. The title of the litigation was not disclosed because to do so would jeopardize the ability of the District to effectuate service of process or to advantageously conclude existing settlement negotiations. c. REAL ESTATE NEGOTIATIONS With respect to real estate negotiations, the closed session was held pursuant to Government Code Section 54956.8. The real property which the negotiations may concern is Acme transfer station site. The District's negotiators may negotiate with representatives of Acme including Messrs. Boyd Olney, Jr. and Tom Bruen. At 5:57 p.m., President Boneysteele declared the closed session to discuss litigation pursuant to Government Code Sections 54956.9(a) and (c) and real estate negotiations pursuant to Government Code Section 54956.8. At 7:25 p.m., President Boneysteele concluded the closed session and reconvened the meeting into open session. 14. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None 15. ADJOURNMENT There being no further business to come before the Board, President Boneysteele adjo~rned the meeting at the hour of 7:27 p.m. to reconvene at 3:00 p.m. on Monday, , ' 02 06 92 33 February 10, 1992; and, if necessary, at 9:00 a.m. on Tuesday, February 11, 1992, in closed session to discuss litigation pursuant to Government Code Sections 54956.9(a) and (c) and real estate negotiations pursuant to Government Code Section 54956.8. President of the Board of Director Central Contra Costa Sanitary Dis rict, County of Contra Costa, State of California COUNTERSIGNED: (' i (. . .11"- ¿ rr¡IL<f"t S~cJet ry of the Centra - Contra CoŠta Sanitary District, County of Contra Costa, State of California -02 "'06_92