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HomeMy WebLinkAboutBOARD MINUTES 08-03-89 146 MINUTES OF THE REGULAR BOAAD MEETING OF THE DISTRICT BOMD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON AUGUST 3, 1989 The District Board of the Central Contra Costa Sanitary District convened in a regular meeting at its regular place of meeting, 5019 Imhoff Pl ace, Marti nez, County of Contra Costa, State of Californi a, at 3:00 p.m. on August 3,1989. President Rainey call ed the meeting to order and requested that the Secretary call roll. I. ROLL CALL PRESENT: Members: Boneysteel e, Dal ton, Cl ausen, Rainey ,ABSENT: Members: Ca rl son Member Carlson entered the meeting at the hour of 3:02 p.m. II. PUBLIC COMMENTS None III. HEARINGS 1. HOLD PUBLIC HEARINGS ON UNINHPBITED DISTRICT JlNNEXATIONS llo-B, 1l0-C, llo-D, AND llo-E, AS AMENDED BY THE LOCAL ,4ßENCY FORMATION COMMISSION (LAFCO) AND CONSIDER lHENEGATIVE DECLARATION BY b.ÆEÇQ President Rainey indicated that the purpose of this public hearing is to consider testimony of affected property owners before acting on the proposed annexations amended by LAFCO. At 3:03 p.m., President Rainey opened the public hearing to consider uninhabited District Annexations 110-B, 110-C, 110-0, and 1l0-E as amended by LAFCO. It was noted for the record that no. .written protests or correspondence has been received. There being no comments either in favor of or in opposition to the proposed annexations, the public hearing was closed. It was moved by Member Dalton and seconded by Member Cl ausen, that Resolution No. 89-114,89-115,89-116, and 89-117 be adopted, certifying that the Board has reviewed the Negative Declaration, ordering the filing of the Notice of Determination as a responsible agency stating that th.e Board considered the Negative .Declaration, concurring with the adoption of the Negative Declaration of LAFCO, and ordering annexation of the territory contained in uninhabited District Annexations 110-B, llo-C, 110-D, and no-E as amended by LAFCO. Motion unanimously approved on the foll OWl ng vote: AYES: Members: Dalton, Clausen, Boneysteele, Carlson, Rainey NOES: Members: None ,ABSENT: Members: None IV. CONSENT CALENDAR Member Boneysteel e requested that Item No.8 be pulled from the Consent Calendar for discussion. It was moved by Member Cl ausen and seconded by Member Dalton, .that the Consent Calendar, consisting of Items 1 through 9 excluding Item 8, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resolution No. 89-118 accepting an-easement at no cost to the District from John M. Albini, et ux, Orinda area (Job 4651 - Parcel 3) was adopted and recording authorized. 0.8 03 8-9' 147 Motion unanimously approved on the following vote: AYES: Members: Clausen, Dalton, Boneysteele, Carlson, Ra i ney NOES: Members: None ABSENT: Members: None 2. Resolution No. 89-119 accepting an easement at no cost to the District from Manyu K. Mehta, et ux, Pleasant Hill area (Job 4586 - Parcell) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Cl ausen, Dalton, Boneysteele, Carlson, Ra i ney NOES: Members: None ABSENT: Members: None 3. Resolution No. 89-120 accepting an easement at no cost to the District from K. M.Camenson, et al, Orinda area (Job 1564 - Parcell R-1) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: ' . Membe rs: Cl ausen, Da 1 ton, Boney steel e, Carl son, Rainey NOES: Members: None ABSENT: Members: None 4. Resolution No. 89-121 accepting an easement at no cost to the Di strict from Earl W. Baca, Lafayette area (Job 4671 - Parcel 2) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Cl ausen, Dalton, Boneysteele, Carlson, Rainey NOES: Members: None ,AB SENT: Members: None 5. Resolution No. 89-122 accepting an easement at no cost to the District from J. A. Resnik, et ux, Lafayette area (Job 4671 - Parcel 3) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Cl ausen, Dalton, Boneysteele, .Carlson, Rainey NOES: Members: None ABSENT: Members: None 6. The Consent to Dedication to Contra Costa County, Subdivision 7097, Job No. 4663, was approved, the President of the District Board of Directors and the Secretary of the District were authorized to execute sa i d document, Contra Costa County was authorized to record said document, and Resolution No. 89-123 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Cl ausen, Dalton, Boneysteele, Carlson, Rainey NOES: Members: None ABSENT: Members: None 08 03:,89 ~--\ ~. i '. .: u 148 7. The Agreement Rel ati ng to Real Property with Jeffrey W. Baus, et ux, Job 2222, was approved, the President of the Board of Directors and the Secretary of the District were authorized to execute and record sa i dagreement, and Resol uti on No. 89-124 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Cl ausen, Dalton, Boneysteele, Carlson, Ra i ney NOES: Members: None ,AB SENT: Members: None 9. The contract work for the Installation of the Pumping Stations Telemetry Project, District Project No. 10037, was accepted and the filing of the Notice of Completion was authorized. Motion unanimously approved on the following vote: AYES: Members: Cl ausen, Dalton, Boneysteele, Carlson, Rainey NOES: Members: None ,ABSENT: Members: None Following discussion of the width of the proposed easement and issues relating to relocation of the pipe in the event of failure, it was moved by Member Carl son and seconded by Member Dal ton, that Consent Calendar Item No.8, Quitcl aim Deed to Kenneth M. Camenson and Venitta Williams, Job 1564, be approved, that the President of the District Board of Directors and the Secretary of the District be authorized to execute and record said Quitclaim Deed, and that Resolution No. 89-125 be, adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Ca rl son, Dalton, Boneysteele, Clausen, Rainey NOES: Members: None ABSENT: Members: None CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None V. SOLID WASTE 1. SET A PUBLIC HEARING ON AUGUST 24, .1989 TO CONSIDER THE REQUEST OF PLEASANT HILL BAY SHORE DISPOSAL FOR A RESETTING' OF ITS REFUSE COLLECTION RATES BASED ON A SIGNIFICANT INCREASE IN.' DISPOSAL FEE EFFECTIVE AUGUST 1,1989 Following discussion, it was moved by Member Carlson and seconded by Member Clausen, that a public hearing be scheduled for 3:00 p.m. on August 24,1989 to reconsider the refuse collection rates established as of July 1, 1989 for Pleasant Hill Bay Shore Disposal, based on a significant increase in disposal expense effective August 1,1989. There being no objection, the motion was unanimously approved. VI. LEGAL/ LITIGATION 1. RECEIVE APPLICATION FOR LEAVE TO FILE LATE CLAIM Mr. Jack Lewis, President of J. Lewis & Son, Inc., addressed the Board with regard to the Petition for Leave to Flle Late Claim in connection with the San Ramon Valley Interceptor Project, Phase A. ,Mr. Lewis reviewed the information set forth in the Petition for Leave to File Late Claim and the accompanying documents as provided to the Board. It was noted for the record that Member Clausen disqualified himself stating that he is affiliated with the law firm that represents the Danville Home Center in this matter. Member Clausen excused himself and did not participate in discussion of this matter. ., '€, " 't. :: 08 03 89 149 Mr. James L. Hazard, Counsel for the District, stated that much of Mr. Lew is' comments deal with what he believes to be the merits of his cl aim. The only issue before the Board today is whether to allow the filing of a late claim. It is the opinion of Counsel for the District that Mr. Lewis does not have the right to file a late claim. Discussion followed wherein the Board questioned staff and Mr. Lewis as to the circumstances surrounding the Petition for Leave to File Late Claim and the status of the lawsuit that has been filed. Member Boneysteele stated that the Board has to make its decision as the representative of the District -and the people. It is the advice of the Counsel for the District that the people of the District have a right in this lawsuit. Mr. Lewis has asked the Board to waive that right. Member Boneysteele stated that he was not willing to do so. It was moved by Member Boney steel e and seconded by Member Dal ton, that the Petition for Leave to File Late Claim submitted by J. Lewis & Son, Inc. be rejected. Motion approved on the following roll call vote: AYES: Members: Boneysteel e, Dal ton, Carl son, Ra i ney NOES: Members: None ,ABSENT: Members: None AB STAIN: Members: Clausen It was noted for the record that Member Clausen did not participate in discussion or voting on this matter because of his affiliation with the law firm representing the Danville Home Improvement Center. VII. APPROV AL OF EXPENDITURES 1. EXPENDITURE LIST DATED AUGUST 3,1989 Member Dal ton, member of the Budget and Fi nance Committee, stated that he and Member Clausen reviewed the expenditures and found them to be satisfactory. It was moved by Member Dalton and seconded by Member Clausen, that the Expenditure List dated August 3,1989, including Self-Insurance Check Nos. 100374-100380, Running Expense Check Nos. 47512-47728, Sewer . Construction Check Nos. 7292-7326, and Payroll Check Nos. 17203-17798, be approved as presented. There being no objection, the motion was unanimously approved. Noti ng the presence of Mr. Gary Ri nehart, an attorney representi ng the District, Mr. Dolan suggested that Item XII., Closed Session, be taken out of order. The Board concurred. XII. CLOSED SESSION 1. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a): The title of the litigation di scussed was CCCSD v. Western Titl e Insurance Company, et al, Contra Costa Superior Court No. C88-01497. At 4 :48 p. mol Prest dent Rai ney decl ared the closed sessi on to discuss litigation pursuant to Government Code Section 54956.9(a). At 5 :47 p. m., Prest dent Rai ney concl uded the closed session and reconvened the meeting into open session. XIII. ACTIONS RESULTING FROM DISCUSSION IN CLOSED SESSION. None At this time, President Rainey reverted to the order of the agenda. iO8 _0.3 .;:",,8.. ~C\ .. "_.~ 150 VIII. BUDGET AND FINANCE 1. RECEIVE FINANCIAL STATEMENT FOR THE YEAR ENDED JUNE 30,1989 Mr. Walter N. Funasaki, Finance Officer, briefly reviewed the actual Operations and Maintenance (O&M) revenues and expenses in comparison with budgeted O&M revenues and expenses for the fiscal year ended June 30, 1989, noting that expenses were $65,000 greater than budget. Actual revenues were $85,000 greater than budget. The budgeted deficit of $1,292,000 was very nearly realized, with the actual deficit being $20,000 less at $1,272,000. Member Clausen was joined by the full Board in congratulating staff on ending the year so close to budget. Mr. Funasaki reported that the District's temporary investments were held in collateralized certificates of deposit, Treasury bills and notes, commercial paper, a repurchase agreement, and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 7.75 percent to 9.75 percent. The latest interest rate at June 30, 1989 was 9.40 percent. The average yield for the LAIF account at June 30,.1989 . was 9.204 percent. Discussion followed concerning the LAIF portfolio, investment in repurchase agreements, and the Self-Insurance Fund revenue summary. At the concl usi on of the reports and di scussi on, . Prest dènt Rai ney declared that the Financial Statements for the year ended June 30,1989, were duly received. 2. RECEIVE THE FISCAL YEAR-END REPORT YEAR 1988-1989 CAPITAL IMPROVEMENT PROGRAM Mr. Dolan, General Manager-Chief Engineer, introduced Mr. John Mercurio, Administrative Analyst, who provided the year-end report of the Capital Improvement Program revenue and expenditure levels. Revenues for the fiscal year ended June 30, 1989, were $19,724,000, which represents 103 percent of the revenue projected in the Capital Improvement Plan. Expenditures for capital improvement projects were $16,392,000, which represents 67 percent of projected expenditures. Actual allocations amounted to only 56 percent of those projected for fiscal year 198e-1989. This condition was primarily the result of unanticipated delays in seven major projects. Mr. Mercurio briefly reviewed those seven projects and the reasons for underexpenditures as set forth in the position paper. President Rainey thanked Mr. Mercurio for the report and noted that fiscal year 1988-1989 Capital Improvement Program Year-End Status Report was duly received. IX. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None X. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan, General Manager-Chief Engineer, reported that August 7,1989 is the deadline for comments on the EPA sludge regulations. Mr. Robert Baker, Deputy Chief Engineer, has been one of the national leaders guiding the development of comments from our industry through the Association of Metropolitan Sewerage Agencies (AMSA). Mr. James Kelly, Planning Division, Manager, has also contributed through the Water Pollution Control Federation (WPCF). We think that the problems with the regulations are so serious a complete reproposal is needed. b. 'The District's plan complying with ,AB 2588, Air Toxics Emissions, was submitted on August 1, 1989. The testing protocol will be submitted in October 1989. Source testing will be done on stack emissions, the headworks, and the chlorinization system. The cost of the program will be substantial. c. Mr. Dolan introduced Mr. Paul Morsen, Deputy General Manager, who distributed brochures for the curbside recycling programs in Orinda '0 8 "'0' '3 7 "8 "9' "; . , ;, , , .:.:""','" 151 and Moraga. Mr. Morsen reported that the programs are on schedul e and collection of recyclables should begin in September 1989. d.Mr. Dolan discussed the rate-setting process, indicating that it has become more complicated in recent years. It has become clear that the Operating Ratio process provides little incentive for collectors to keep expenses down. Mr. Dolan requested that President Rainey appoint an ad hoc committee to meet with District staff to review the rate-setting process and methodology. Prest dent Rai ney stated that she woul d a appoint a committee. e. Mr. Dol an announced that the emergency repairs on Montai r Drive in Danville have been completed using the FlowMole process. The project was successful; however, the equi pment di d not work as well as hoped. The Collection System Operati.ons Department did a fine job in solving a difficult problem. They are to be commended. . f. Mr. Dolan announced that he will be on vacation from August 11 th rough August 25, 1989. . g. Mr. Dolan commended Mr. Kent Alm, Associate Counsel for the District, on the excellent work he has done in recent months on a wide v art ety of subj ects. 2. COUNSEL FOR THE DISTRICT None 3. SECRETARY OF THE DISTRICT Ms. Joyce McMillan, Secretary of the District, announced that she will be on vacation from August 22 through August 30,1989. 4. BOARD MEt-BERS President Rainey reported that the Solid Waste Commission will hold a special meeting at noon on August 7,1989, to review the revised County Solid Waste Management Plan. Prest dent Rai ney reported that she and Paul Morsen met with City representati ves to di scuss the proposed Soli d Waste J PA. The i ssue of voting was discussed. Alternatives have been drafted and will be forwarded to the Mayors' Conference for consideration. President Rainey reviewed those alternatives and potential problems from the District's standpoint. Member Boneysteele reported that the Regional Recycling Advisory Committee met on August 2,1989. Topics of discussion included status of the recycling programs, recycling used oil, reducing plastics in the wastestream, status of legislative bills on recycling, and the status of current and future grant requests. XI. ANNooNCEMENTS None XII. CL OSED SESSION This item was taken out of order earlier in the agenda. XIII. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION This item was taken out of order earlier in the agenda. :,i. 08" 03 >8 9 152 XIV. ADJ ClI RNMENT 'The~e being no further business to come before the Board, President Rainey adjourned the meeting at the hour of 6:40 p.m., to reconvene in an Adjourned Regular Meeting at 3:00 p.m. on August 24,1989. .L President of the Board of Directors Central Contra Costa Sanitary Distric , County of Contra Costa, State of California COU NTE RS IG NED: 0.8 ..03 ,~:.89