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HomeMy WebLinkAboutBOARD MINUTES 05-02-91 70 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE, CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MAY 2, 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 p.m. on May 2, 1991. President Clausen called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Boneysteele, Carlson, Clausen ABSENT: Members: Dalton, Rainey Members Dalton and Rainey had indicated previously that they would be unable to attend this' meeting and had requested that they be excused. 2. PUBLIC COMMENTS Mr. Henry Clarke, General Manager of Public Employees Union, Local One, addressed the Board concerning contract negotiations. Mr. Clarke stated that the Local One negotiating team and the District's negotiators are at impasse in the meet and confer process. On behalf of Local One membership, Mr. Clarke expressed concern that the Rule of Four with regard to promotions be maintained, that the personnel rule be continued that allows any detrimental information to be removed from an employee's personnel file after one year if the employee has not violated any additional rules, and that no evidence be allowed in a disciplinary hearing that is not a part of the employee's personnel file. Lastly, Mr. Clarke requested that the Board reconsider their position with regard to retroactivity since impasse has been reached but representatives are continuing to meet and confer in good faith. President Clausen indicated that Mr. Clarke's comments would be taken under consideration by the Board. President Clausen stated that the Board believes that the District has very competent and dedicated employees and it is hoped that the District will retain them; however, the Board must represent the public as well. President Clausen recessed the meeting at the hour of 3:13 p.m., reconvening at the hour of 3: 15 p.m. with all parties present as previously designated. Mr. Stephen Minton distributed and discussed the May 1, 1991, Wall Street Journal article concerning Waste Management, Inc. Mr. Minton stated that the article brings to mind two issues. First, it brings into question the viability of the management fees requested each year by Valley Waste Management. Secondly, if it is not already being done, Mr. Minton suggested that information be exchanged with other franchising and licensing agencies in the State of California to try to assess the validity and level of the cost structure and charges. Following discussion, President Clausen thanked Mr. Minton for his comments. 3. CONSENT CALENDAR Following discussion, it was moved by Member Carlson and seconded by Member Boneysteele, that the Consent Calendar, consisting of Items a. through c., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. . Resolution No. 91-025 accepting an easement at no cost to the District from Leah Stella, Martinez area, Job 1 805 - Parcel 1, was adopted and recording was authorized. Motion approved on the following vote: 05 02 91 71 AYES: Members: Carlson, Boneysteele, Clausen NOES: Members: None ABSENT: Members: Dalton, Rainey b. The License Agreement with Pacific Gas and Electric Company was approved, the President of the District Board of Directors and the Secretary of the District were authorized to execute and record said License Agreement, and Resolution No. 91- 026 was adopted to that effect. Motion approved on the following vote: AYES: Members: Carlson, Boneysteele, Clausen NOES: Members: None ABSENT: Members: Dalton, Rainey c. The report on the November 21, 1990, sewer overflow and restoration work at 238 Overhill Road, Orinda - Harold and Bea Lukens, was received. Motion approved on the following vote: AYES: Members: Carlson, Boneysteele, Clausen NOES: Members: None ABSENT: Members: Dalton, Rainey 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 Mr. Gerald Lucey, the District's labor counsel. 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. At 3:26 p.m., President Clausen declared the closed session to discuss labor relations pursuant to Government Code Section 54957.6. At 3:52 p.m.', President Clausen concluded the closed session and reconvened the meeting into open session. 1 5. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None At this time, President Clausen reverted to the order of the agenda. 4. ENGINEERING a. CONSIDER A REQUEST BY CONTRA COSTA COUNTY FOR APPROVAL OF AN AGREEMENT WITH THE COUNTY TO PROVIDE FOR PAYMENT OF MELLO-ROOS BOND PROCEEDS TO THE DISTRICT IN LIEU OF PAYMENT OF FACILITIES FEES Mr. Jim Kennedy, Contra Costa County Director of Redevelopment, addressed the Board, providing an overview of the Pleasant Hill BART Station Project. The project is designed :0,5 '::02 '9~1 72 , to accomplish a jobs/housing balance and utilization of mass transit. Mello-Roos bond funds will be used to finance fee and improvement requirements. Mr. Kennedy requested that the District enter into a Cooperation Agreement with Contra Costa County whereby the District would receive Mello-Roos bond proceeds in an amount equivalent to and in lieu of payment of Facilities Capacity Fees. The District would draw on said bond proceeds for payment of capital improvements to be constructed in the near term for facilities which would, in general, be associated with the proposed housing project. Mr. Dolan, General Manager-Chief Engineer, recommended that the Board approve the concept. Following discussion, it was moved by Member Boneysteele and seconded by Member Carlson, that Resolution No. 91-027 be adopted, approving an agreement with Contra Costa County to provide for direct payment to the District of Mello-Roos bond proceeds from the County of Contra Costa Community Facilities District No. 1991-1 (Pleasant Hill BART Station Area) in lieu of otherwise required payment of Facilities Capacity Fees by a developer. Motion approved on the following roll call vote: AYES: Members: Boneysteele, Carlson, Clausen NOES: Members: None ABSENT: Members: Dalton, Rainey 5. COLLECTION SYSTEM a. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE A CONTRACT WITH GELCO. INC. FOR THE RENOVATION OF 1,505 FEET OF SEWER PIPE USING INSITUFORM WITH A COST CEILING OF $125,000 Member Boneysteele stated that he was advised that Dow Chemical owns 50 percent of Dowell-Schlumberger. Member Boneysteele indicated that he has reported an interest in Dow Chemical in excess of $10,000 and less than $100,000. For that reason, Member Boneysteele disqualified himself and abstained from discussion or voting on this matter. Mr. Kenton L. Aim, Counsel for the District, stated that since the Board has no rules to the contrary, a majority of those present can take action on this item. Mr. John A. Larson, Collection System Operations Department Manager, passed around a piece of the material used in the Insituform process and described the technology. It was moved by Member Carlson and seconded by President Clausen, that Resolution No. 91-028 be adopted, making the finding that the Insituform technology is designated by trade name in the project in order that a field test may be made to determine if Insituform technology is suitable for future District use in accordance with Public Contracts Code Section 3400(b); that this project be exempt from public bidding requirements, and that the General Manager-Chief Engineer be authorized to execute a contract with Gelco, Inc. for the rehabilitation of 1,505 feet of sewer at a cost not to exceed $125,000. Motion approved on the following roll call vote: AYES: Members: Carlson, Clausen NOES: Members: None ABSENT: Members: Dalton, Rainey ABSTAIN: Members: Boneysteele ~05 . 02 ,9~1 73 6. PERSONNEL a. ADOPT MEMORANDUM OF UNDERSTANDING CM.O.UJ WITH THE MANAGEMENT SUPPORT/CONFIDENTIAL GROUP, EFFECTIVE MAY 1, 1991 THROUGH APRIL 30, 1994 Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Wayne Miner, Vice President of the Management Support/Confidential Group, and Mr. Paul Morsen, Deputy General Manager. Mr. Morsen complimented the Management Support/Confidential Group negotiating team, Messrs. Jose Lopez, Wayne Miner, Tad Pilecki, and Paul Louis for their professional approach to the negotiations. There was give and take on both sides, and an agreement was reached that is of benefit to everyone. Mr. Morsen strongly recommended that the Board adopt the Memorandum of Understanding between the District and the Management Support/Confidential Group. On behalf of the Personnel Committee and the Board of Directors, Member Boneysteele thanked the Management Support/Confidential Group and District staff representatives for reaching this agreement which is acceptable to both sides and of benefit to the people of the District. It was moved by Member Boneysteele and seconded by Member Carlson, that the Memorandum of Understanding between the District and the Management Support/Confidential Group be adopted effective May 1, 1 991. The motion was approved with Members Dalton and Rainey being absent. Mr. Dolan, General Manager-Chief Engineer, added his thanks to Mr. Miner and all the members of the Management Support/Confidential Group for the Memorandum of Understanding and all the hard work they do for the District. 7. LEGALlLlTIGA TION a. DENY CLAIM FOR MONETARY DAMAGES FROM ROBERT DEPPER, 31 MUTH DRIVE, ORINDA Following discussion, it was moved by Member Carlson and seconded by Member Boneysteele, that the claim for monetary damages for alleged diesel fuel spill by a District contractor from Robert Depper of 31 Muth Drive, Orinda, be denied and referred to staff for further action as necessary. The motion was approved with Members Dalton and Rainey being absent. 8. APPROVAL OF MINUTES a. MINUTES OF APRIL 18, 1991 It was moved by Member Carlson and seconded by Member Boneysteele, that the minutes of April 18, 1991, be approved with the following amendments: On page 6, Item 7.a., the words "advising Ms. Maubry that her request would be considered in connection with the next rate-setting process" were inserted following the word "response;" and On page 7, Item IO.a., the last sentence of the first paragraph was deleted and the following was added in its place: "These individuals have been reviewing the District's rebate accounts and have determined 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." The above motion was approved with Members Dalton and Rainey being absent. 9. APPROVAL OF EXPENDITURES 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 satisfactory. 05;' 0'2;: 9,l~ 74 It was moved by President Clausen and seconded by Member Boneysteele, that the Expenditure List dated May 2, 1991, including Self-Insurance Check Nos. 100526-- 100529, Running Expense Check Nos. 59671-59965, Sewer Construction Check Nos. 9523-9566, and Payroll Check Nos. 23728-23999, be approved as recommended. The motion was approved with Members Dalton and Rainey being absent. a. 10. BUDGET AND FINANCE RECEIVE THE 1991-1992 EQUIPMENT BUDGET FOR REVIEW Mr. Dolan, General Manager-Chief Engineer, stated that copies of the Equipment Budget were distributed for review. The Equipment Budget was reviewed by the Capital Projects Committee and the change recommended by the Capital Projects Committee was discussed in the position paper. Member Carlson stated that he and Member Boneysteele met with staff to review the Equipment Budget. Member Carlson stated that the Equipment Budget requests, as modified, are in order and meet the needs of the District for the ensuing year. President Clausen stated that he did not support the addition of positions in the Personnel Budget and cannot support additional equipment for those positions. President Clausen questioned the need for the camcorder. Mr. Jack E. Campbell, Administrative Operations Manager, responded to President Clausen's questions, indicating that the camcorder would be used for Risk Management and Safety needs. President Clausen posed questions concerning the personal computer, truck mounted rodder, and District policy with regard to replacement of vehicles. These questions were answered by Mr. John Larson, Collection System Operations Department Manager. President Clausen noted that the 1991-1992 Equipment Budget was received for review. None a. 4) 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 12. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, distributed the Fact Sheet and questionnaire on the Pleasant Hill/A-Line Sewer Overflow Protection Project and discussed the open houses held on April 17, 18, and 20, 1991. 2) Mr. Dolan briefly reviewed the status and cash projections for the Midhill Sewer Project, Local Improvement District 57 (LID 57). As a result of cost increases, the participants in the project petitioned the Board and the Board agreed to contribute $30,000 to ensure the project feasibility. By so doing, the District essentially bought the rebate rights. The project was designed and constructed and a contingency of $28,000 was set aside. The project is now complete and $29,712 is remaining in the budget. In the normal course of business, the money remaining could be spread to all participants to reduce financing costs. However, under the circumstances, the opportunity exists to recover the District contribution and relinquish the rebate rights. Mr. Robert Brunsell, the bond counsel, has indicated this would be legal and staff believes it would be fair to the participants. If the Board has no objection, a position paper based on this approach will be placed before the Board for consideration. The Board voiced no objection. 3) The solid waste rate-setting schedule was discussed. In an effort to ensure that all members of the Board of Directors could be present, the July 11, 1991, Board Meeting was rescheduled for 3 p.m. on Monday, July 8, 1991. Mr. Dolan reported that at the last Central Contra Costa Solid Waste Authority meeting the issue of allocation of Valley Waste Management indirect costs among the three franchising agencies, the Cities of San 05, 02' 9',1':' 75 Ramon and Walnut Creek and Central Contra Costa 'Sanitary District, was discussed. In the past, the indirect costs were allocated on the number of routes within each franchise area. Now, however, different types and levels of service are in place in the three jurisdictions. It is the recommendation of the Central Contra Costa Solid Waste Authority that Valley Waste Management indirect costs be allocated on a formula based on the composite mean of the prorated solid waste tonnage, number of routes, number of employees, and number of customers within each of the jurisdictions. Unless the Board disagrees, staff would proceed with that method of allocation. Following discussion, the Board concurred that Valley Waste Management indirect costs should be allocated based on the formula recommended by the Central Contra Costa Solid Waste Authority. 5) Mr. Dolan distributed the commercial recycling brochure prepared by the Graphics Section under the direction of Colleen Camicia, Cathryn Freitas, and Paul Morsen. 6) Mr. Dolan announced that Ms. Colleen Camicia, Public Information and Graphics Coordinator, recently attended the Moraga Conservation Day. Mr. Dolan passed around the Household Hazardous Waste Wheel and information that Ms. Camicia distributed at the event. 7) Mr. Dolan announced that the Cities of Burbank and Los Angeles were both sued by the Environmental Protection Agency over failure to (ensure compliance, with pretreatment and source control programs. Mr. Dolan thanked the Board for their support of the District's source control program. Mr. Dolan stated further that the Environmental Protection Agency is in litigation with the City of San Diego over a number of environmental issues including sewer system overflows. 8) Mr. Dolan distributed a memorandum on 1990-1991 collection system overflows for the Board's information. b. COUNSEL FOR THE DISTRICT Mr. Kenton L. Aim, Counsel for the District, announced that the Los Angeles County Sanitation Districts are being sued for DDT discharge into the ocean. c. SECRETARY OF THE DISTRICT None d. BOARD MEMBERS President Clausen announced that the Central Contra Costa Solid Waste Authority has selected HDR Engineering as consultants for development of a Materials Recoyery Facilities Development Plan. . President Clausen announced that the Board of Supervisors' decision with regard to assuming franchising authority in the unincorporated areas has been delayed until May 14, 1991. President Clausen reported that the Solid Waste Export Committee met on April 25, 1991, with San Joaquin County to discuss disposal at a site near Tracy. The site has been used in the past but there is capacity remaining. An Environmental Impact Report may be needed for Contra Costa County to use this site. A meeting has been scheduled for May 9, 1991, with Alameda County to discuss extension of the contract at Altamont Landfill. 13. ANNOUNCEMENTS Member Carlson indicated that he would be unable to attend the May 13, 1991 Board Meeting and requested that he be excused. . 0:5 0',2 .91 76 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. 16. ADJOURNMENT There being no further business to come before the Board, President Clausen adjourned the meeting at the hour of 5: 18 p.m. to reconvene at 3 p.m. on Monday, May 13, 1991, for an Adjourned Regular Meeting. -'/2 " ~,/~ , --- :. ~.¿, ¿.ø---<~.A..- Presiden f the Board of Directors, Cefrtnil Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: , ¡ ~,.:.' L.-l Secr~tary of the Central'ontra C6sta Sanitary District, County of Contra Costa, State of California 0;:,5 O~2 :9~1