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HomeMy WebLinkAboutBOARD MINUTES 04-18-91 62 MINUTES OF THE REGULAR BOARD. MEETING OF THE DISTRICT BOARD OF THE. CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON APRIL 18, 1991 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 3:04 p.m. on April 18, 1991. President Clausen called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Boneysteele, Dalton, Carlson, Clausen ABSENT: Members: Rainey Member Rainey entered the meeting at the hour of 3:08 p.m. 2. PUBLIC COMMENTS None 3. BIDS AND AWARDS a. AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT. TO MOUNTAIN CASCADE, INC. FOR THE DIABLO ROAD SEWER IMPROVEMENT PROJECT, DP 4455 Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that it is apparent from the bids that the District is enjoying a favorable bidding climate. Staff would recommend award to the low bidder, Mountain Cascade. It was moved by Member Carlson and seconded by Member Boneysteele, that award of the contract in the amount of $177,077 for construction of Diablo Road Sewer Improvements Project, DP 4455, be authorized to Mountain Cascade, Inc., the lowest responsible bidder. Motion approved with Member Rainey being absent. 4. CONSENT CALENDAR Members Boneysteele and Clausen requested that Item a. be pulled from the Consent Calendar for discussion. It was moved by Member Carlson and seconded by Member Dalton, that the Consent Calendar, consisting of Items b. and c. and excluding Item a., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. b. Authorization was given for P.A. 91-1 (Alamo) to be included in a future formal annexation to the District. Motion approved on the following vote: AYES: Members: Carlson, Dalton, Boneysteele, Clausen NOES: Members: None ABSENT: Members: Rainey c. The process to establish Local Improvement District 58 (Camino Amigo Sewer Project) was continued, Resolution No. 91-021, Resolution of Intention to Order Improvements, was adopted; Resolution No. 91-022, Resolution Accepting the Engineer's Report for LID 58 and setting June 13, 1991, as the hearing date for receiving public testimony on LID 58, was adopted; and Resolution No. 91-023, Resolution Calling for Construction Bids, was adopted. . 04 18 91 63 Motion approved on the following vote: AYES: Members: Carlson, Dalton, Boneysteele, Clausen NOES: Members: None ABSENT: Members: Rainey At this time, President Clausen returned to Consent Calendar Item a., License Agreement with East Bay Regional Par~ District (EBRPD) for use of District land as a parking lot in the Martinez Shoreline Park area. In response to a question from President Clausen, Mr. Jay S. McCoy, Construction Division Manager, described the proposed project; and stated that in accordance with the District's normal policy with regard to public agencies, no payment would be received from East Bay Regional Park District. At 3:08 p.m., Member Rainey entered the meeting. In response to a question from Member Boneysteele, Mr. Robert A. Baker, Deputy Chief Engineer, described past dealings with the EBRPD, particularly with regard to Bollinger Canyon. Mr. Baker stated that a decision was made not to request compensation from EBRPD in the hopes of reestablishing a good relationship with them. Mr. Baker stated that he intended to write a letter to the General Manager of EBRPD stressing the importance of a good working relationship and pointing out the double standard ,used by EBRPD in their dealings with our District. The Board concurred. It was moved by Member Carlson and seconded by Member Dalton, that the License Agreement with EBRPD be approved, that the President of the District Board of Directors and the Secretary of the District be authorized to execute said agreement and return it to the Park District for recordation, and that Resolution No. 91-020 be adopted to that effect. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Boneysteele, Rainey, Clausen NOES: Members: None ABSENT: Members: None CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 5. ENGINEERING CONSIDER ADOPTION OF THE PROPOSED SOURCE CONTROL ORDINANCE AND RESOLUTION ESTABLISHING LOCAL LIMITS a. Mr. Dolan, General Manager-Chief Engineer, stated that at the direction of the Board, staff met with representatives of industries to respond to concerns that were raised at the March 21, 1991 public hearing on the proposed Source Control Ordinance. In addition, at the April 4, 1991 Board meeting, questions were raised regarding requested source control positions. Staff would like to take this opportunity to address those issues. Mr. Dolan introduced Mr. James M. Kelly, Planning Division Manager, who responded to Board Members' questions and comments as set forth in the memorandum in the Board packet, and summarized discussions at the workshops held with the industries and responses to comments from the industries as set forth in Attachment" to the position paper. Mr. Kelly described expected staff activities to comply with existing regulations, 04 18 91 64 to expand some existing functions, and to be prepared to comply with future regulations such as the Inland Bays and Estuaries Plan adopted by the State Water Resources Control Board on May 11, 1991. Board and staff discussion followed with regard to the cost to the industries and the District for implementation of the proposed source control program, and monitoring and enforcement of the provisions of the program. Mr. Larry Piatti, Industrial Consultant for Etch- Tek, Inc., thanked the District for taking the time to meet with industries to address their questions and concerns. Mr. Piatti stated that the meeting was very productive and there was a good and open dialogue. Mr. Piatti maintained that the costs for fines and permits should be defined. Mr. Piatti stated that the program is very ambitious and public information must be done to bring the industries into compliance. Aside from that, it is a good program and Etch-Tek would like to be part of the on-going process. . There being no further comments, President Clausen returned the matter to the Board. It was moved by Member Carlson and seconded by Member Rainey, that Ordinance No. .1Zn, Source Control Ordinance, be adopted as amended; and that Resolution No. 91-024, Resolution Establishing Local Limits, be adopted. Motion unanimously approved on the following roll call vote: AYES: Members: NOES: Members: ABSENT: Members: Carlson, Rainey, Boneysteele, Dalton, Clausen None None b. AUTHORIZE EXECUTION OF AN AGREEMENT WITH J.M. MONTGOMERY CONSULTING ENGINEERS TO PREPARE A FACILITIES PLAN FOR LOS ARABIS AND WOODLAND WAY AND TO COMPLETE THE PREDESIGN FOR A REPAIR/REPLACEMENT PROJECT, DP 4785 Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Rainey and seconded by Member Dalton, that the General Manager-Chief Engineer be authorized to execute a cost reimbursement agreement with a cost ceiling of ,$73,900 for the Los Arabis/Woodland Way Facilities Plan and predesign of the proposed repair/replacement sewer project, DP 4785. Motion unanimously approved on the . following roll call vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Dalton, Boneysteele, Carlson, Clausen None None 6. PERSONNEL a. APPROVE PERSONNEL BUDGET REQUESTS FOR INCLUSION IN 1991-1992 DISTRICT BUDGET Mr. Dolan, General Manager-Chief Engineer, stated that at the last Board meeting, there was a detailed presentation on the Personnel Budget requests for 1991-1992. At this time, staff would be happy to answer any questions the Board may have. Member Boneysteele, member of the Personnel Committee, stated that he and Member Dalton reviewed the proposed 1991-1992 Personnel Budget with staff. It is clear that District operations are becoming more complex. Although there is a significant cost impact, the personnel changes recommended by staff are essential. Member Dalton concurred. . Member Rainey expressed concern with the size of the requested Personnel Budget and asked if any of the requests could be pared back. 04 18 91 65 Mr. Dolan stated that each of the positions are being requested for a specific reason as set forth in the Personnel Budget. Requests were cut by the General Manager-Chief Engineer before the final request was given to the Board. Programs can be eliminated thus eliminating the need for staffing. Staff would be happy to discuss the various programs and answer questions the Board may have. Member Boneysteele stated that the District provides a necessary and vital service, taking polluted water from customers, cleaning it, and discharging it into the bay. This is done for less than one-tenth of a cent per gallon. The District would not be responding to the wishes of the people as indicated at the polls, if we did not address their environmental concerns. President Clausen stated that the cost of government keeps going up. People are saying no every chance they get. Other public agencies are laying off employees. The District's revenues are decreasing. President Clausen stated that he could not support additional employees this year with the exception of the Supervising Source Control Inspector and the three temporary Junior Engineer positions. President Clausen stated that he supported the upgrading of positions where no additional employees would be hired. Member Dalton stated that the Personnel Committee reviewed the Personnel Budget requests carefully and basically agrees with the philosophy of making frugal government work. Member Dalton stated that he believes the Personnel Budget reflects the public's desire for an environmentally sound agency. Member Dalton recommended approval of the Personnel Budget as submitted. Member Carlson stated that there would be cost savings in other areas by elimination of temporary help and reducing the use of consultants. Member Carlson agreed with Member Dalton that the current level of service provided by the District should be maintained. Member Carlson stated that he supported the proposed Personnel Budget because of the complexities and extent of the work necessary to maintain operations, comply with regulatory requirements, and implement the Capital Improvement Plan. There being no further discussion, it was moved by Member Dalton and seconded by Member Boneysteele, that the Personnel Budget for 1991-1992, identified as Items 1 through 17 in the position paper, be approved for inclusion in the 1991-1992 District Budget. Motion approved on the following roll call vote: AYES: Members: Dalton, Boneysteele, Carlson NOES: Members: Rainey, Clausen ABSENT: Members: None 7. CORRESPONDENCE a. RECEIVE LETTER FROM MS. PAM MAUBRY CONCERNING IIMINI CAN" SERVICE' AND CONSIDER DRAFT RESPONSE Receipt of the letter from Ms. Pam Maubry concerning IImini can" service was noted, and the draft response advising Ms. Maubry that her request would be considered in connection with the next rate-setting process was approved. 8. APPROVAL OF MINUTES a. MINUTES OF REGULAR MEETING OF MARCH 21, 1991 It was moved by Member Rainey and seconded by Member Dalton, that the minutes of the regular meeting of March 21, 1991, be approved as presented. There being no objection, the motion was unanimously approved. b. MINUTES OF ADJOURNED REGULAR MEETING OF MARCH 28, 1991 It was moved by Member Dalton and seconded by Member Rainey, that the minutes of the Adjourned Regular Meeting of March 28, 1991, be approved as presented. The 04 18 91 66 motion was approved with President Clausen abstaining because he was not present at the meeting of March 28, 1991. c. MINUTES OF REGULAR MEETING OF APRIL 4, 1991 It was moved by Member Rainey and seconded by Member Dalton, that the minutes of the Regular Meeting of April 4, 1991, be approved as presented. There being no objection, the motion was unanimously approved. 9. APPROVAL OF EXPENDITURES EXPENDITUR'E LIST DATED APRIL 18, 1991 a. President Clausen, member of the Budget and Finance Committee, stated that in the absence of Member Rainey he and Member Boneysteele reviewed the expenditures and found them to be satisfactøry. It was moved by Member Boneysteele and seconded by President Clausen, that the Expenditure List dated April 18, 1 991, including Self-Insurance Check Nos. 100520- 100525, Running Expense Check Nos.. 59404-59670, and Sewer Construction Check Nos. 9479-9522, be approved as recommended. There being no objection, the motion was unanimously approved. 10. BUDGET AND FINANCE a. RECEIVE MARCH 1991 FINANCIAL STATEMENTS Mr. Walter N. Funàsaki, Finance Officer, reviewed the results of operations and maintenance expenses for the month of March 1991, noting that actual O&M expenses were $97,000 less than budget, representing a 4.5 percent favorable variance. For the nine months ended March 31, 1991, actual O&M expenses were $999,000 less than budget, representing a 5.3 percent favorable variance. Mr. Funasaki presented the operations and maintenance revenue report for the nine months ended March 31, 1991, reporting that revenues were $711,000 higher than budget, representing a 5.1 percent favorable variance. Mr. Funasaki stated that. this was primarily the result of advance payment in February of the second half of the Sewer Service Charge from the County. Because of the slowdown in the construction industry, certain District personnel have been redirected. These individuals have been reviewing the District's rebate accounts and have deemed certain of those accounts to be unreturnable to the original developers. This has resulted in a one time revenue to the District as these monies have been transferred to the District's account. 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 6.46 percent to 9.41 percent. The latest interest rate at March 31, 1991, was 6.66 percent. The average yield for the LAIF account through March 31, 1991, was 7.775 percent. President Clausen thanked Mr. Funasaki for his report and declared that the March 1991 Financial Statements were duly received. 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 'None 12. REPORTS a. GENERAL MANAGER-CHIEF. ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, distributed the solid waste rate- setting schedule. The rate application has not yet been received from Orinda-Moraga Disposal Service, Inc. Staff is trying to accommodate Orinda-Moraga Disposal but if the information is not received in sufficient time, Orinda-Moraga Disposal may miss one month of rate increase. Mr. Dolan reviewed the proposed schedule and asked that if any Board Member 04 18 91 b. None c. 67 has a conflict they advise staff. President Clausen indicated that he will be out of town for two weeks during the month of July and requested that this item be calendared for further discussion at the next Board meeting. 2) Mr. Dolan reported that the County is under pressure from the cities to stop paying for AB 939 planning costs which are County costs incurred for unincorporated areas but which are covered by fees being collected across the board throughout the County. In principle, the District does not disagree with the cities. The County is accusing the District of a similar imbalance because our franchise fee is the same for all our franchises; consequently, the unincorporated areas may be paying a few cents per month in planning for the cities. The cities have also taken exception to the 95(: per ton fee for AB 939 planning collected by the County on solid waste processed or disposed of within the County. During the rate-setting process, the Board will be asked if they wish to have a separate franchise fee for the unincorporated areas. Board and staff discussion followed concerning complications that could result if the County assumes , franchising responsibility for the unincorp()rated areas, and the 95 (: per ton AB 939 planning fee being collected by the County. Member Rainey stated that the AB 939 Task Force previously asked that the County meet with the Public Managers Association and other public officials including sanitary districts to discuss this issue. The County did meet with the Public Managers Association but sanitary districts were not notified. The County has been asked to go back to the Public Managers Association and to include the sanitary districts in the discussion. 3) Mr. Dolan reported that the new equipment for the District's Wellness Program is in place and being used. The Management Support/Confidential Group purchased two additional machines for upper body conditioning from their own resources. The machines are ideal for the District's needs and the purchase was a very positive move on the part of the Management Support/ Confidential Group. 4) Mr. Dolan announced that the County's Environmental Crimes Task Force has been funded by the Board of Supervisors for the remainder of the calendar year. 5) Mr. Dolan announced that Mr. Charles W. Batts, Plant Operations Department Manager, has been acting as the Bay Area Dischargers Association (BADA) spokesperson on the Bays and Estuaries Plan. COUNSEL FOR THE DISTRICT SECRETARY OF THE DISTRICT Ms. Joyce E. Murphy, Secretary of the District, distributed the January-March 1 991 Training/Conference Summary. ' d. BOARD MEMBERS 1 ) President Clausen reported that finalists for proposals for the Central Contra Costa Solid Waste Authority Materials Recovery Facilities Development Plan will be interviewed on April 26, 1991. Member Rainey reported that the Board of Supervisors hearing on Ordinance 91, to take over solid waste franchising in the unincorporated areas, is scheduled for May 7, 1991. Three issues are remaining: I) indemnification 2) control of the wastestream, and 3) control of the programs. President Clausen reported that there will be a Solid Waste Export Committee meeting on April 25, 1991, to discuss export to Alameda and 04 18 91 68 San Joaquin Counties. On May 5, 1991, a meeting has been scheduled to consider extension of the export agreement with Alameda County. 2) Member Carlson reported that a meeting was held with Tri-Valley Wastewater Authority (TWA) representatives on April 5, 1991. The District's offer was well received. TWA is to return with a firm commitment. Mr. Robert A. Baker, Deputy Chief Engineer, reported that this matter was discussed at the TW A meeting on April 17, 1991. The TWA Board voted unanimously that the General Manager continue working with Central Contra Costa Sanitary District. 13. ANNOUNCEMENTS Board Members Rainey and Dalton announced that they will be unable to attend the May 2, 1991 Board Meeting and requested that they be excused. Member Rainey announced that Ms. Annamaria Perralla has been appointed Executive Director of the Local Agency Formation Commission. 14. CLOSED SESSION a. LABOR RELATIONS With respect to labor relations, the closed session was held pursuant to Government Code Section 54957.6, to meet with designated representatives prior to and during consultations and discussions with the representatives of employee organizations regarding the salaries, salary schedules or compensation paid in the form of fringe benefits of employees in order to review its position and instruct its designated representatives. b. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(aL The titles of the litigation discussed were Nicholas James Maples vs. Central Contra Costa Sanitary District, Contra Costa Superior Court No. C89-00134, and Nicholas James Maples and Beth Maples vs. Central Contra Costa Sanitary District, Contra Costa Superior Court No. C91-00052. c. 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 c.ircumstances, 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. At 5: 18 p.m., President Clausen declared the closed session to discuss labor relations pursuant to Government Code Section 54957.6 and litigation pursuant to Government Code Sections 54956.9(a) and (b). At 5:48 p.m., President Clausen concluded the closed session and reconvened the meeting into open session. 15. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None 04 18 91 69 16. ADJOURNMENT There being no further business to come before the Board, President Clausen adjourned the meeting at the hour of 5:48 p.m. . ----~ ~/ /~ ~ ¿( ~~¿r Ã?'%;---- P;e~t of the Board of Directors, CêÍ1tral Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: <., cL S e ry of the Central ontra Costa Sanitary District, CountY. of Contra Costa, State of California 04 18 91