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HomeMy WebLinkAboutBOARD MINUTES 02-20-92 36 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON FEBRUARY 20, 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 20, 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 None a. 3. AWARDS AND COMMENDATIONS RECOGNIZE DENISE BAKER. DON BARTLETT. PENNY BINDER, TANYA BUTLER. JENNIFER MUIR, AND ROBERT WALKER UPON THEIR COMPLETION OF THE AFFIRMATIVE ACTION TRAINEE PROGRAM AND APPOINTMENT TO MAINTENANCE CREW MEMBER I POSITIONS President Boneysteele stated that the Board has followed the Affirmative Action Program and the efforts of the people here training in it. Denise Baker, Don Bartlett, Penny Binder, Tanya Butler, Jennifer Muir, and Robert Walker are being recognized upon their successful completion of the Affirmative Action Trainee Program. On behalf of the Board of Directors and the citizens of the District, President Boneysteele commended Denise Baker, Don Bartlett, Penny Binder, Tanya Butler, and Robert Walker and presented them with certificates recognizing their completion of the Program and appointment to Maintenance Crew Member I positions. President Boneysteele indicated that Jennifer Muir was ill and unable to attend this meeting; but she is to be commended for her efforts as well and will be presented with a certificate. President Boneysteele congratulated the new Maintenance Crew Members and welcomed them to the District. 4. CONSENT CALENDAR It was moved by Member Clausen and seconded by Member Rainey, that the Consent Calendar, consisting of Items a. through f., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Authorization was given for P.A. 92-3 (Martinez) to be included in a future formal annexation to the District. Motion unanimously approved on the following vote: AYES: Members: Clausen, Rainey, Dalton, Starita, Boneysteele NOES: Members: None ABSENT: Members: None b. The Agreement relating to Real Property with Thomas Fong, et ux, Job 3003, was approved, the President of the Board of Directors and the Secretary of the District were authorized to execute and record said Agreement; and Resolution No. 92-013 was adopted to that effect. .02 20 92 37 Motion unanimously approved on the following vote: AYES: Members: Clausen, Rainey, Dalton, Starita, Boneysteele NOES: Members: None ABSENT: Members: None c. March 5, 1992, at 3 p.m. was set as the date and time for the public hearing to receive public comments on the Negative Declaration for the Martinez Pumping System Improvement Project. Motion unanimously approved on the following vote: AYES: Members: Clausen, Rainey, Dalton, Starita, Boneysteele NOES: Members: None ABSENT: Members: None d. The Medical Leave of Absence without Pay for Benjamin Bell, Instrument Technician, was extended through March 31, 1992. Motion unanimously approved on the following vote: AYES: Members: Clausen, Rainey, Dalton, Starita, Boneysteele NOES: Members: None ABSENT: Members: None e. A Leave of Absence without Pay for Cathryn Freitas, Personnel Officer, was authorized effective February 11, 1992 through May 29, 1992. Motion unanimously approved on the following vote: AYES: Members: Clausen, Rainey, Dalton, Starita, Boneysteele NOES: Members: None ABSENT: Members: None f. A Leave of Absence without Pay for Deborah Ratcliff, Accounting Supervisor, was authorized effective January 21, 1992 through July 21, 1992. Motion unanimously approved on the following vote: AYES: Members: Clausen, Rainey, Dalton, Starita, Boneysteele NOES: Members: None ABSENT: Members: None CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER President Boneysteele stated that he would proceed with the order of the agenda until 4:00 p.m., at which time he would adjourn to closed session because of time constraints of Board Members' schedules. The Board agreed. 02 20 92 38 5. HEARINGS a. CONDUCT A PUBLIC HEARING TO CONSIDER ESTABLISHING EQUALIZATION CHARGES FOR LOCAL IMPROVEMENT DISTRICT NO. 57 (MID-HILL SEWER PROJECT) Member Clausen stated that when this matter was previously before the Board, he abstained from discussion or voting because he represented Mr. Tim Sullivan, one of the property owners in LID 57, on another legal matter. Member Clausen stated that the legal action has been completed; that he no longer practices law; and therefore, no longer has a conflict with regard to LID 57. In the necessary absence of Mr. Roger J. Dolan, General Manager-Chief Engineer, Mr. Robert A. Baker, Deputy Chief Engineer, served as Acting General Manager. Mr. Baker introduced Mr. Jay S. McCoy, Infrastructure Division Manager, who stated that there are a total of eight assessments for the seven properties in LID 57, the Mid-Hill Sewer Project. Based on past practice, the District takes this opportunity to develop assessments for people outside the boundary who may connect to LID 57 in the future. Mr. McCoy directed the Board's attention to the schedule of equalization charges attached to the position paper. At 3: 13 p.m., President Boneysteele opened the public hearing to establish equalization charges for LID 57. There being no comments, President Boneysteele closed the public hearing. Member Clausen stated that people connecting to LID 57 in the twentieth year must pay $76,525.84 in equalization charges while anyone connecting after the twentieth year pays nothing. Member Clausen stated that anyone connecting at any time after the twentieth year should pay $76,525.84. Mr. Kenton L. Aim, Counsel for the District, stated that this matter was examined when the District Code was updated several years ago. At that time, it was the opinion of bond counsel that the proceeds could only be used to offset the amount still due on the bonds; and therefore, the excess amount cannot go into the general fund. Member Clausen stated that he was not proposing that the excess amount go into the general fund; but rather, that it be refunded to the other participants in the local improvement district. Mr. AIm stated that he would investigate the alternatives and report back to the Board at a future Board meeting. It was moved by Member Clausen and seconded by Member Dalton, that equalization charges for LID 57 be established in accordance with the amounts shown in Attachment I to the position paper. Motion unanimously approved on the following roll call vote: AYES: Members: Clausen, Dalton, Starita, Rainey, Boneysteele NOES: Members: None ABSENT: Members: None a. 6. ENGINEERING AUTHORIZE EXECUTION OF AGREEMENT WITH WOODWARD-CLYDE CONSULTANTS AND TRACOR AEROSPACE REGARDING CONTINUED SAMPLING AT BOLLINGER CANYON Mr. Baker, Deputy Chief Engineer, introduced Mr. Barton L. Brandenburg, Associate Engineer, who provided background on the Bollinger Canyon leachline, the Regional Water Quality Control Board (RWQCB) Cleanup and Abatement naming the District and Tracor as responsible parties, the work completed to date, and the ongoing quarterly sampling and analysis of groundwater in the area. Woodward-Clyde Consultants have completed the Remedial Alternatives Report which has been submitted to the RWQCB. It is 02 20 92 39 recommended that the Board authorize continued groundwater monitoring and sampling at the rate set forth in the Cleanup and Abatement Order, pending acceptance of the remedial plan by the RWQCB. Following discussion, it was moved by Member Rainey and seconded by Member Dalton, that the General Manager-Chief Engineer be authorized to execute an agreement with a cost ceiling of $124,000 with Woodward-Clyde Consultants for continued sampling of the groundwater contamination at Bollinger Canyon, and that authorization be given to enter into a cost sharing agreement with Tracor Aerospace, Inc. for this sampling. There being no objection, the motion was unanimously approved. a. 7. CORRESPONDENCE NOTE RECEIPT OF LETTER FROM MS. HARRIETTE HEIBEL. VALLEY WASTE MANAGEMENT RECYCLING MANAGER. REPORTING THE RESULTS OF THE CHRISTMAS TREE RECYCLING PROGRAM IN THE DANVILLE AND ALAMO AREAS; CONSIDER DRAFT RESPONSE Following discussion, it was moved by Member Dalton and seconded by Member Starita, that receipt of the letter from Ms. Harriette Heibel, Valley Waste Management Recycling Manager, reporting the results of the Christmas Tree Recycling Program in the Danville and Alamo areas be noted and that the draft response be approved. There being no objection, the motion was unanimously approved. b. NOTE RECEIPT OF LETTER FROM MS. BEVERLY LANE. MAYOR OF THE TOWN OF DANVILLE. CONCERNING CONNECTION FEES FOR NEW AND EXPANDING RESTAURANTS; CONSIDER DRAFT RESPONSE Mr. Baker, Deputy Chief Engineer, stated that the restaurant connection fees were increased in 1 988 in the comprehensive revision of all connection fees. A quantitative technique was used at that time. By using that quantitative technique, it was learned the cost of serving restaurants was much higher than the District has previously realized. The District's restaurant connection fees are high, but not the highest in the area. In 1988 when the connection fees were increased, there was minimal comment; and since that time, several large restaurants have connected.. Recently, smaller restaurants have expressed concern over the cost of connection. Staff will be evaluating alternatives for the Board's consideration during the annual review of fees, rates, and charges. Member Rainey requested that District staff work with Danville town staff to address their concerns in this regard. Mr. Baker agreed. It was the consensus of the Board, that receipt of the letter from Ms. Beverly Lane, Mayor of the Town of Danville, concerning connection fees for new and expanding restaurant$ be noted; and that the draft response be approved. At this time, President Boneysteele departed from the order of the agenda to consider Item 12, Capital Improvement Program Mid-Year Status Report. 12. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 2) Mr. Jarred Miyamoto-Mills, Principal Engineer, presented the 1991-1992 Capital Improvement Program Mid-Year Status Report, noting that actual revenues were $8.5 million for the first six months. For the second six months, revenues are projected to be $10.5 million, for a total projected revenue at June 30, 1992, of $19 million. Actual Capital expenditures at December 31, 1991, were $8.7 million. Expenditures for the second six months are projected to be $12.2 million, for a total of $20.9 million at June 30, 1992. Mr. Miyamoto-Mills reviewed the major capital projects which account for just under 50 percent of the expenditures in the Capital Improvement Program for the first six months, and showed slides of the work on these projects. .:0,:2 20 .92 40 President Boneysteele thanked Mr. Miyamoto-Mills for the informative report. At this time, President Boneysteele proceeded to Item 14., Closed Session. 14. CLOSED SESSION a. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a). The title of the litigation discussed was Acme Landfill Corp. 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. 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 4:08 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 5: 12 p.m., President Boneysteele concluded the closed session and reconvened the meeting into open session. 15. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None Having been previously excused, Member Starita left the meeting. At this time, President Boneysteele reverted to the order of the agenda. 8. APPROVAL OF MINUTES MINUTES OF THE ADJOURNED REGULAR MEETING OF JANUARY 30. 1992 a. It was moved by Member Dalton and seconded by Member Rainey, that the minutes of the Adjourned Regular Meeting of January 30, 1992, be approved as presented. There being no objection, the motion was approved with Member Starita being absent. b. MINUTES OF THE REGULAR MEETING OF FEBRUARY 6. 1992 It was moved by Member Dalton and seconded by Member Rainey, that the minutes of the Regular Meeting of February 6, 1992, be approved as amended on page 9, adding the list of industrial users in significant noncompliance with federal and local pretreatment regulations during the 1 991 calendar year. There being no objection, the motion was approved with Member Starita being absent. c. MINUTES OF THE ADJOURNED REGULAR MEETING OF FEBRUARY 10. 1992 It was moved by Member Dalton and seconded by Member Rainey, that the minutes of the Adjourned Regular Meeting of February 10, 1992, be approved as presented. There being no objection, the motion was approved with Member Starita being absent. President Boneysteele commended Ms. Joyce Murphy, Secretary of the District, on the detail of the minutes. 0'2 20 92 41 9. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED FEBRUARY 20. 1992 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 President Boneysteele, that the Expenditure List dated February 20, 1992, including Self-Insurance Fund Check Nos. 100580-100582, Running Expense Fund Check Nos. 65878-66130, and Sewer Construction Fund Check Nos. 10720-10770, be approved as recommended. There being no objection, the motion was approved with Member Starita being absent. 10. BUDGET AND FINANCE Mr. Walter N. Funasaki, Finance Officer, reviewed the operations and maintenance expenses for the month of January 1992, noting that expenditures were $60,000 less than budget, representing a 2.7 percent favorable variance. For the seven months ended January 31, 1992, actual expenditures were $747,000 less than budget, representing a 4.8 percent favorable variance. Mr. Funasaki reported that the District's temporary investments were held in Treasury bills and notes and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 4.65 percent to 8.726 percent. The latest interest rate at January 31, 1992, was 4.921 percent. The average yield for the LAIF account through December 1991, was 6.318 percent. Member Clausen questioned the substantial variance in the State Unemployment Insurance line item. Mr. Funasaki stated that the total unemployment insurance expense that the District incurs annually is quite low. The $7,246 overexpenditure through January 31, 1992, based on a budget of $1,500, was due to payment during the month of three claims filed by former employees; however, it is anticipated that the total unemployment insurance expense for the fiscal year will not exceed $10,000. It was moved by Member Clausen and seconded by President Boneysteele, that the January 1992 Financial Statements be duly received. There being no objection, the motion was approved with Member Starita being absent. 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 12. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Paul Morsen, Deputy General Manager, briefly described the proposed Highland Ranch Composting Project discussed in detail at a previous Board Meeting. At their next meeting, the Central Contra Costa Solid Waste Authority (CCCSWA) will be asked whether they wish to move forward with that project. Environmental work must be completed for the permitting process. The cost of the environmental worked is estimated to be $300,000. It is proposed that the project be financed through State Pollution Control Bonds. The proponents of the Highland Ranch Composting Project have requested CCCSWA to provide initial funding for the environmental work. CCCSWA would be reimbursed when the bond financing is received. There is a risk that if the project does not go forward, CCCSWA would not be reimbursed for expenses incurred to date. CCCSWA staff will be recommending approval of the Highland Ranch Composting Project proposal. 2) The Capital Improvement Program Mid-Year S~atus Report was taken out of order earlier in the agenda. '! '., 02 20 92 42 b. COUNSEL FOR THE DISTRICT None c. SECRETARY OF THE DISTRICT 1 ) The October-December distributed. 1991 Training/Conference Summary was d. BOARD MEMBERS 1 ) Member Rainey reported that a subcommittee of the Contra Costa Solid Waste Authority met to consider options for interim staffing for the Authority. The subcommittee is recommending that Ms. Avon Wilson, former Councilmember of the City of Lafayette, be appointed as Interim Executive Director. The matter will be considered at the next Authority meeting on March 4, 1992. 13. ANNOUNCEMENTS Member Rainey announced that on February 20, .1992, she attended a meeting of the Fiscal Unity Committee, a subgroup of the larger City/County Relations group. At that meeting, it was reported that the City of Lafayette prevailed in their action against East Bay Municipal Utility District, denying EBMUD's proposed maintenance yard. The Court found that while water districts do not come under city review, cities do have zoning authority over maintenance facilities. Member Rainey announced that a compromise was reached with regard to the utility tax rebate. Approximately $2 billion was owed to utilities throughout the State of California. About $1 billion was dropped because it was retroactive. The remaining $1 billion will be paid over a seven-year period. Contra Costa County's share is approximately $30 million. Member Rainey requested that staff prepare a one-page summary of the impact on the District of losing ad valorem tax revenue. Mr. Baker, Deputy Chief Engineer, stated that staff would provide Member Rainey with such a summary. Member Rainey asked that the Fiscal Unity Committee be added to the standing agenda items. President Boneysteele confirmed Member Rainey's appointment as the District's representative to the Fiscal Unity Committee. President Boneysteele announced that he and Member Dalton attended a Water Reclamation Committee meeting on February 14, 1992, to review the draft water reclamation contract with Contra Costa Water District (CCWD). A meeting with CCWD representatives has been scheduled for March 13, 1992. The proposed contract will then be submitted to both Boards for approval. 14. CLOSED SESSION This item was taken out of order earlier in the agenda. 15. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION This item was taken out of order earlier in the agenda. 02 20 92 43 16. ADJOURNMENT There being no further business to come before the Board, President Boneysteele adjourned the meeting at the hour of 5:55 p.m. ¡p // // . // ~ ¡r President of the Board of Dirers, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 1 L sic et' ry of the C~ntral C ntra Còsta Sanitary District, County of Contra Costa, State of California .0.2 20 92