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HomeMy WebLinkAboutBOARD MINUTES 08-06-92 146 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON AUGUST 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 p.m. on August 6, 1992. In the absence of President Boneysteele, President Pro Tem Dalton called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Clausen, Starita, Rainey, Dalton ABSENT: Members: Boneysteele President Boneysteele had indicated previously that he would be unable to attend this meeting and had requested that he be excused. 2. PUBLIC COMMENTS Member Starita congratulated Mr. Bart Brandenburg, Source Control Superintendent, on - the birth on his daughter. 3. 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. Grant of Easement from Contra Costa County, Job No. 4895, Parcel 1 (Subparcels A and B), was approved, execution and recording were authorized, and Resolution No. 92-049 was adopted to that effect. Motion approved on the following vote: AYES: Members: Clausen, Rainey, Starita, Dalton NOES: Members: > None ABSENT: Members: Boneysteele b. Authorization was given for P.A. 92-6 (Alamo) to be included in a future formal annexation to the District. Motion approved on the following vote: AYES: Members: Clausen, Rainey, Starita, Dalton NOES: Members: None ABSENT: Members: Boneysteele c. The contract work for the District Office Space Improvements Project, DP 20083, was accepted and the filing of the Notice of Completion was authorized. Motion approved on the following vote: 08 06 92 147 AYES: Members: Clausen, Rainey, Starita, Dalton NOES: Members: None ABSENT: Members: Boneysteele d. The contract work for the Martinez Renovation Project, DP 4768, was accepted and the filing of the Notice of Completion was authorized. Motion approved on the following vote: AYES: Members: Clausen, Rainey, Starita, Dalton NOES: Members: None ABSENT: Members: Boneysteele e. Leave of Absence without Pay was authorized for Mr. Jim Hampton, Maintenance Crew Leader, effective July 16, 1992 through October 9, 1992. Motion approved on the following vote: AYES: Members: Clausen, Rainey, Starita, Dalton NOES: Members: None ABSENT: Members: Boneysteele f. Resolution No. 92-050 was adopted, concurring with and adopting the Negative Declaration of the Local Agency Formation Commission (LAFCO), certifying that the Board has reviewed and considered the Negative Declaration, ordering the filing of Notice of Determination as a Responsible Agency stating that the District considered the Negative Declaration as prepared by LAFCO as required, and ordering the completion of District Annexation No. 120, Parcels 1, 2, 3, 4, 5, 9 and 10. Motion approved on the following vote: AYES: Members: Clausen, Rainey, Starita, Dalton NOES: Members: None ABSENT: Members: Boneysteele a. 4. HEARINGS HOLD PUBLIC HEARINGS ON UNINHABITED DISTRICT ANNEXATION 120-A. PARCELS 6. 7 AND 8 AS AMENDED BY THE LOCAL AGENCY FORMATION COMMISSION (LAFCO) AND CONSIDER THE NEGATIVE DECLARATION BY LAFCO At 3:06 p.m., President Pro Tem Dalton opened the public hearing on uninhabited District Annexation 120-A, Parcels 6, 7 and 8, to consider testimony by affected property owners. There being no comments, President Pro Tem Dalton closed the public hearing. It was moved by Member Clausen and seconded by Member Starita, that Resolution No. 92-051 be adopted, certifying that the Board has reviewed the Negative Declaration, ordering the filing of a Notice of Determination as a responsible agency stating that the Board considered the Negative Declaration, concurring with the adoption of the Negative Declaration of LAFCO, and ordering the annexation of uninhabited District Annexation 120-A, Parcels 6, 7 and 8 as amended by LAFCO. Motion approved on the following roll call vote: 08 06 92 148 AYES: Members: Clausen, Starita, Rainey, Dalton NOES: Members: None ABSENT: Members: Boneysteele 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Roger J. Dolan, General Manager-Chief Engineer, requested that Item 14., Closed Session, be taken out of order to accommodate the District's legal counsel in the condemnation matter between Caltrans and the District. 14. CLOSED SESSION a. REAL ESTATE NEGOTIATIONS With respect to real property negotiations, the closed session is being held pursuant to Government Code Section 54956.8. The real. property which the negotiations may concern is the District property at 1250 Springbrook Road, Walnut Creek. The District's negotiators may negotiate with Caltrans. b. 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. c. 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. At 3: 10 p.m., President Pro Tem Dalton declared the closed session to discuss real estate negotiations pursuant to Government Code Section 54956.8 and litigation pursuant to Government Code Sections 54956.9(b) and (c). At 3:35 p.m., President Pro Tem Dalton concluded the closed session and reconvened the meeting into open session. 15. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None At this time, President Pro Tem Dalton reverted to the order of the agenda. 6. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH CH2M HILL FOR CONSULTING SERVICES RELATED TO AIR POLLUTION CONTROL REGULATIONS Mr. Dolan, General Manager-Chief Engineer, stated that this item is a follow on to an earlier piece of work done to respond to the requirements of AB 2588, Air Toxic Hot Spots. This effort will assist in responding to new and proposed regulations. The work is being commissioned by the Bay Area Air Toxics (BAAT) group. The full cost is to be apportioned among the 46 members. The District's share of the cost is estimated to be approximately $5,000. Following discussion of contracting responsibility and the use of a Joint Powers Authority or some other organization representing all the participants, it was moved by Member Starita and seconded by Member Rainey, that the General Manager-Chief Engineer be authorized to execute a cost reimbursement agreement with a cost ceiling of $75,300 with CH2M Hill for consulting services on issues involving air pollution control regulations. Motion approved on the following roll call vote: 08 06 92 149 AYES: Members: Starita, Rainey, Clausen, Dalton NOES: Members: None ABSENT: Members: Boneysteele b. AUTHORIZE EXECUTION OF AN AGREEMENT WITH G. S. DODSON AND ASSOCIATES FOR FINAL DESIGN OF MARTINEZ PUMPING STATION IMPROVEMENTS. DP 4682 Following discussion of the priority of this project and the vulnerability of the District to overflows in the Martinez area, it was moved by Member Starita and seconded by Member Rainey, that the General Manager-Chief Engineer be authorized to execute a cost reimbursement agreement with a cost ceiling of $263,600 with G.S. Dodson and Associates for completion of design of the Martinez Pumping Station Improvement Project, DP 4682. Motion approved on the following roll call vote: AYES: Members: Starita, Rainey, Clausen, Dalton NOES: Members: None ABSENT: Members: Boneysteele a. 7. CORRESPONDENCE NOTE RECEIPT OF LETTER FROM MR. MICHAEL P. MC CABE. OF MC CABE. SCHWARTZ. EVANS. LEVY & DAWE. CONCERNING A PROPOSAL FOR A HOMELESS SHELTER AND POSSIBLE RELOCATION OF THE COUNTY ANIMAL SHELTER: CONSIDER DRAFT RESPONSE Ms. Joyce E. Murphy, Secretary of the District, stated that Mr. McCabe arrived at the meeting while the Board was in closed session, and indicated that he came to answer any questions the Board may have. However, Mr. McCabe had a prior commitment and had to leave the meeting prior to the conclusion of closed session. Receipt was noted of the letter from Mr. Michael P. McCabe, of McCabe, Schwartz, Evans, Levy & Dawe, concerning a proposal for a homeless shelter and possible relocation of the County animal shelter. Following discussion, it was the consensus of the Board that the draft letter be approved as amended to include an expression of concern about further residential development in the area of industrial facilities and the need for the homeless shelter to be close to public transportation, medical facilities, job training, and jobs. b. NOTE RECEIPT OF LETTERS DATED JULY 10.1992. JULY 16.1992. AND JULY 21. 1992 FROM MR. JOHN A. NEJEDL Y CONCERNING THE PROPOSED TRI- VALLEY WASTEWATER AUTHORITY (TWA) PROJECT: DIRECT STAFF TO PROVIDE RESPONSE Receipt was noted of the letters dated July 10, 1992, July 16, 1992, and July 21, 1992 from Mr. John A. Nejedly concerning the proposed Tri-Valley Wastewater Authority (TWA) project. The Secretary of the District was directed to respond indicating the Board received the letters and the information provided. c. NOTE RECEIPT OF LETTER FROM MAYOR EVELYN M. MUNN. OF THE CITY OF WALNUT CREEK. CONCERNING THE PROPOSED TRI-VALLEY WASTEWATER AUTHORITY (TWA) PROJECT: DIRECT STAFF TO PROVIDE RESPONSE Following discussion of the issues raised in Mayor Munn's letter concerning the proposed Tri-Valley Wastewater Authority (TWA) project, receipt of the letter was noted. Staff was directed to prepare a response for signature by President Pro Tem Dalton advising the letter and information were received and would be considered if and when the TW A project is brought before the Board for decision, and supporting District staff efforts to encourage free flow of factual information concerning all options being considered. .08 :06 92 150 d. NOTE RECEIPT OF LETTER WITH ATTACHMENTS FROM MS. PEG KOVAR. EXECUTIVE SECRETARY OF THE CONTRA COSTA COUNTY MAYORS' CONFERENCE. CONCERNING THE PROPOSED TRI-VALLEY WASTEWATER AUTHORITY (TWA) PROJECT: DIRECT STAFF TO PROVIDE RESPONSE Receipt was noted of the letter with attachments from Ms. Peg Kovar, Executive Secretary of the Contra Costa County Mayors' Conference, concerning the proposed Tri- Valley Wastewater Authority (TWA) project. The Secretary of the District was directed to respond that the letter and supporting information were presented to the Board of Directors and would be considered in the event the TWA project is brought to the Board for decision. 8. APPROVAL OF MINUTES a. MINUTES OF JULY 16. 1992 It was moved by Member Rainey and seconded by Member Clausen, that the minutes of July 16, 1992, be approved with the following amendments: In the fifth line of Item 1 on page 7, the words "legality and" were inserted before the word "adequacy;" and In the last line of Item 1 on page 7, the word "paid" was deleted and the words "passed through" were inserted in its place. There being no objection, the motion was approved with President Boneysteele being absent. 9. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED AUGUST 6. 1992 Member Starita, member of the Budget and Finance Committee, stated that he and President Pro Tem Dalton reviewed the expenditures and found them to be satisfactory. It was moved by Member Starita and seconded by President Pro Tem Dalton, that the Expenditure List dated August 6, 1992, including Running Expense Check Nos. 69267- 69662, Sewer Construction Check Nos. 11308-11374, and Payroll Check Nos. 28254- 28578, be approved as recommended. There being no objection, the motion was approved with President Boneysteele being absent. 10. BUDGET AND FINANCE a. RECEIVE JUNE 1992 FINANCIAL STATEMENTS Mr. Walter N. Funasaki, Finance Officer, provided a brief report of operations and maintenance expenses, revenues, and deficit for the fiscal year ended June 30, 1992. Mr. Funasaki noted that net expenses were $508,000 less than budget, representing a 1.9 percent favorable variance. This favorable variance to a large degree offset the revenue shortfall of $559,000, representing a 2.0 percent unfavorable variance. The actual deficit of $74,000 exceeded the budgeted deficit of $23,000 by $51,000, representing .2 percent of actual expenses. Mr. Funasaki stated that a more detailed report will be made when the audited financial statements are submitted to the Board in September 1992. The audit is currently in process and is scheduled for completion by August 21, 1992. Mr. Funasaki reported that the District's temporary investments were held in Treasury bills and Treasury notes, one commercial paper account, and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 3.9 percent to 8.097 percent. The latest interest rate was 5.271 percent on an investment made in April 1992. The average yield for the LAIF account through June 1992 was 5.323 percent. Following discussion, President Pro Tem Dalton noted that the June 1992 Financial Statements were duly received. ,08 :06 9'2 151 Mr. Dolan, General Manager-Chief Engineer, indicated that this month's Sewer Construction Fund Report will consist of a tour of the recently completed District office space improvements which would be conducted immediately following the meeting. None a. 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 12. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, introduced Ms. Bonnie Allen, Risk Manager, who provided an overview of the District's insurance protection. Property damage coverage for fire and extended perils is carried with Allendale Insurance. The blanket limit of liability is $189 million, with a limit of liability for each location of 125 percent of the established property value. The policy-wide deductible is $500,000. Property damage of less than $500,000 is covered by the District's Self-Insurance Fund. The Hartford boiler and machinery policy provides a blanket policy limit of $4 million with a deductible of $50,000. Boiler and machinery damage of less than $50,000 is covered by the Self-Insurance Fund. Liability is totally insured by the Self-Insurance Fund. The balance in the Self-Insurance Fund is currently approximately $6 million. President Pro Tem Dalton thanked Ms. Allen for the informative presentation. 2) Mr. Dolan distributed and reviewed the refuse collection rate-setting schedule for the 1993 calendar year. Copies of the schedule will be sent to the franchisees. At the Board's direction, letters were sent to the franchisees directing them to pay disposal fees under protest and directing them to search for other disposal options. Mr. Dolan advised the Board that Mr. Walter Funasaki, Finance Officer, has announced his retirement effective January 31, 1 993. Mr. Funasaki has managed the District's finances through a period of tremendous expansion, overseeing the District's first computer-based FMIS system and now participating in the second generation revisions. Mr. Funasaki instituted the District's rigorous refuse collection rate-setting process, managed complicated grants, and always provided the highest level of integrity to everything he and his staff undertake. Mr. Funasaki will be with the District through the completion of this refuse collection rate year. He has trained in-house staff on the rate analysis procedure and will assist in developing a transition plan as the District currently does not expect to be managing franchisees past 1996 but wishes to maintain the highest level of public service and Quality between now and then. The Board expressed regret at Mr. Funasaki's decision but wished him well in his retirement. 3) Mr. Dolan stated that the Board was advised previously that the District had been solicited to provide technical assistance for the substantial environmental problems in St. Petersburg, Russia. At that time, the Board agreed that we should proceed with planning and budgeting; but was not requested to make an irrevocable commitment. At the time the Operations and Maintenance Budget was approved, Member Clausen expressed his opinion that it may not be appropriate to proceed with the proposed technology exchange during a lean budget year. A memorandum from Mr. James Kelly, Plant Operations Division Manager, identifying potential sources of funding has been provided to the Board. Staff wished to secure Board confirmation before proceeding. In the discussion that followed, Member Rainey expressed support for the proposed technology exchange to Russia and offered funds budgeted for tier attendance at the California Association of Sanitation Agencies meetings. 08 06 92 152 b. c. d. None Member Clausen stated that he could not support the request because of the cost for the travel and the loss of staff time to Central Contra Costa Sanitary District. Concurrence for participation in the technology exchange to Russia was received from the majority of the Board with Member Clausen dissenting. 4) Mr. Dolan announced that the District is advertising for the Standby Power Facilities Project. The engineer's estimate is approximately $3 million. 5) Mr. Dolan announced that construction of the Headworks Project will be beginning soon and it is expected that parking will diminish as a result. Alternative parking areas were discussed. 6) Mr. Dolan announced there was a small grass fire near the filter plant. The fire department responded Quickly and put the fire out. The fire was caused by an electrical short which appears to have resulted from deteriorated insulation. The problem is being repaired. 7) Mr. Dolan distributed a letter from Ms. Sara Hoffman, Contra Costa County Senior Deputy Administrator, requesting commitment of wastestream to the Keller Canyon Landfill for the next 25 years. The letter was received after the agenda deadline. If the Board wishes to consider this matter, a four- fifths vote would be required; otherwise, the matter can be calendared for discussion at the August 20, 1992 Board meeting. The Board directed staff to calendar the matter for consideration at the August 20, 1992 Board meeting and to so advise Ms. Hoffman. COUNSEL FOR THE DISTRICT 1 ) Mr. Kenton L. Aim, Counsel for the District, announced that the Maples case did not go to trial this week as scheduled. A settlement conference has been scheduled for August 18, 1992. SECRETARY OF THE DISTRICT 1 ) Ms. Joyce E. Murphy, Secretary of the District, distributed the April-June 1992 Training/Conference Summary. 2) Ms. Murphy announced that four candidates have filed for election to the Board of Directors. They are incumbent Board Members Boneysteele, Dalton and Starita, and Mr. Ronald R. Reagan, a tax/investment advisor. The deadline for filing is 5 p.m. tomorrow, August 7, 1992. BOARD MEMBERS 1 ) Members Rainey and Clausen reported they appeared at the Board of Supervisors Keller Canyon rate-setting hearing. Member Rainey again expressed concern that the Return on Equity of 16.8 percent allowed by the Board of Supervisors is very high even in the absence of the 2.6% premium being considered by the Board of Supervisors. 13. ANNOUNCEMENTS 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. 08 06 92 153 16. TOUR OF DISTRICT OFFICE SPACE IMPROVEMENTS. DP 20083 Following adjournment, a tour of the Plant Operations Offices and Garden Level was conducted. 1 7. ADJOURNMENT At 4:45 p.m., President Pro Tem Dalton adjourned the meeting to tour the Plant Operations Offices and Garden Level. President of the Board of Direct Central Contra Costa Sanitary strict, County of Contra Costa, State of California COUNTERSIGNED: cr t Y of the Central ontr a Sanitary District, County of Contra Costa, State of California 08 ;06 92