HomeMy WebLinkAboutBOARD MINUTES 12-07-89
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MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE CENTRAL CONTRA
COSTA SANITARY DISTRICT HELD ON DECEMBER 7,1989
The District Board of the Central Contra Costa Sanitary District
convened in a regular meeting at its regular place of meeting, 5019
Imhoff Place, Martinez, County of Contra Costa, State of California, at 3
p.m. on December 7,1989.
In the absence of Prest dent Rai ney and Presi dent Pro Tem
Boneysteele, Member Clausen called the meeting to order and requested
that the Secretary call roll.
1.
ROLL CALL
PRESENT:
Members:
Dal ton, Carl son, Cl ausen
,ABSENT:
Members: Boneysteele, Rainey
Members Boneysteele and Rainey had previously indicated they would
be unable to attend this meeting and requested to be excused.
1.
ELECTION OF DISTRICT BOARD PRESIDENT AND PRESIDENT PRO TEM
Member Clausen suggested that the election of the District Board
President and President Pro Tern be held until the next meeting when the
full Board can be present. Members Dalton and Carlson concurred.
II.
PUBLIC COMMENTS
Non~
III.
CONSENT CALENDAR
It was moved by Member Dalton and seconded by Member Carlson, that
the Consent Calendar, consisting of seven items, be approved as
recommended, resolutions adopted as appropriate, and recordings duly
authorized.
1.
Quitclaim Deeds to Steven G. Abbott, et ux, and to John Turner,
Jr., et ux, Job 690, Lots 50 and 51, Las Lomitas Subdivision-
Unit 1, Danville area, were approved; the President of the
Di stri ct Boa rd of Di rectors an d th e Secreta ry of th e Di stri ct
were authorized to execute and record said Quitclaim Deeds, and
Resolution Nos. 89-196 and 89-197 were adopted to that effect.
Motion approved on the following vote:
AYES: Members: Dalton, Carl son, Cl ausen
NOES: Members: None
,ABSENT:
Members: Boneysteele, Rainey
2.
Authorization was given for P.A. 89-29 (Martinez) and P.A.
89-30 (Danville) to be included in a future formal annexation
to the District.
Motion approved on the following vote:
AYES:
NOES:
Members:
Dalton, Carlson, Clausen
Members:
None
PBSENT:
Members: Boneysteele, Rainey
3.
The Consent to Dedication to Contra Costa County, Subdivision
7188, Job No. 3465, was approved; the President of the District
Board of Di rectors and the Secretary of the District were
authorized to execute sat d document; i ts recordi ng by Contra
Costa County was authorized; and Resol uti on No. 89-198 was
adopted to that effect.
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Motion approved on the following vote:
AYES: Members: Dal ton, Ca rl son, Cl au,sen
NOES: Members: None
,ABSENT: Members: Boneysteel e, Rainey
4.
A public hearing was set for 3 p.m. on December 21, 1989, ,to
receive public comment on the Negative Declaration for the
Treatment Pl ant Headworks Repl acement Proj ect <Di stri ct proj ect,
20069).
Motion approved on the following vote:
AYES:
Members:
Dalton, Carlson, Clausen
NOES:
Members: None
,ABSENT:
Members: Boneysteele, Rainey
5.
A public hearing was set for January 11, 1990 at 3 p.m. to
consider Annexation 114 as amended by the Local Agency
Formation Commission (LAFCO).
Motion approved on the following vote:
AYES:'
Members:
Dal ton, Carl son, Cl ausen
NOES:
Members: None
,AB SEN T:
Members: Boneysteele, Rainey
6.
The contract work for constructi on of the Marti nez Early Start
Project (District Project 4429) was accepted and the filing of
the Notice of Completion was authorize.
Motion approved on the following vote:
AYES:
Members:
Dalton, Carlson, Clausen
NOES:
Members: None
,ABSENT:
Members: Boneysteele, Rainey
7.
Resolution No. 89-199 was adopted, establishing the Sewer
Construction Fund appropriations limit in the amount of
$10,627,434 for the 1989-1990 fiscal year, in accordance with
Article XIII B of the California Constitution.
Motion approved on the following vote:
AYES:
Members:
Dalton, Carlson, Clausen
NOES:
Members: None
,ABSENT:
Members: Boneysteele, Rainey
CALL FOR REQUESTS TO CONSIDER ITEMS ooT OF ORDER
None
IV.
SOLID WASTE
1.
PRESENTATION BY GARY BRAYTON, OF TOUQ-IE ROSS, REGARDING COUNTY-
SPONSORED STIJDY TO SET RATES FOR ACME TRANSFER STATION
Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that
because of the absence of Board Members Boneysteel e and Rai ney, Mr.
Brayton was requested to hol d hi s presentation until the next Board
meeting.
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v.
AIJ.1INISTRATIVE
1.
ADOPT A RESOLUTION AMENDING EXHIBIT A, DESIGNATED POSITIONS AND
DISCLOSURE CATEGORIES OF THE DISTRICT CONFLICT OF INTEREST CODE
Mr. Dolan, General Manager-Chief Engineer, stated that the
designated positions of the District's Conflict of Interest Code are
rev i ewed on an annual basi s. Because of creati on of new posi ti ons and
changed responsibilities during the past year, the positions of
Operations Support Supervisor, Senior AccountantlInternal Auditor,
Accounting Supervisor, Source Control Inspector, and Administrative
Analyst should be added to the list of designated positions. In
addition, the position of Maintenance Supervisor should be deleted from
the 1 i st.
It was moved by Member Dal ton and seconded by Member Carl son, that
Resolution No. 89-200 amending Exhibit A, Designated Positions and,
Disclosure Categories of the Central Contra Costa Sanitary District
Confl ict of Interest Code, be adopted and that the Secretary of the
Di stri ct be authorized to submit a copy of sat d code amendment to the
Contra Costa County Board of Supervisors for approval.
Motion approved on the following vote:
AYES:
Members:
Dalton, Carlson, Clausen
NOES:
Members: None
,ABSENT:
Members: Boneysteele, Rainey
VI.
ENGINEERING
1.
,4JJTHORIZE THE GENERAL MANPGER-CHIEF ENGINEER TO EXEQJTE AN PGREEMENT
WITH JOHN CAROLLO ENGINEERS FOR PRE-DESIGN OF IMPROVEMENTS TO THE
ORINDA CROSSROADS/MORAGA PUMP STATIONS, DISTRICT PROJECT 4667 '
Mr. Dolan, General Manager-Chief Engineer, stated that this item is
a follow-on task for the Pumping Station Master Plan reviewed at the last
Boa rd meeti ng.
It was moved by Member Carlson and seconded by Member Dalton, that
the General Manager-Chi ef Engi neer be authorized to execute a cost
reimbursement agreement with a cost ceiling of $213,598 with John Carollo
Engineers for the pre-design of Improvements to the Orinda
Crossroads/Moraga Pumping Stations, District Project 4667. Motion
approved with Members Boneysteele and Rainey being absent.
2.
,4JJTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER, TO EXEQJTE A CONTRACT
AMENIJ.1ENT WITH ESA, INC. TO PREPARE lHE CONTRA COSTA BLVD. RELIEF
INTERCEPTER PROJECT AND "A" LINE RIGHT-OF-WAY ACQUISITION PROJECT
EIR <DISTRICT PROJ ECT 4271)
Mr. Dol an, General Manager-Chi ef Engi neer, stated that the Contra
,Costa Blvd. Relief Interceptor Project and "A" Line Right-of-Way
Acquisition Project began in 1986. When the project began, there was a
concept for desi gn and constructi on; but early in the proj ect after
i ni ti al authorizati ons were received, it became cl ear that there were
some opportunities to optimize the sequence of construction in such a way
as to lower the overall project cost. Mr. Dolan introduced Mr. David
Williams, Engineering Division Manager, and Mr. James Kelly, Planning
Division Manager.
Mr. William,s reviewed the need for the Contra Costa Blvd. Relief
. Interceptor Project and "A" Line Right-of-Way Acquisition Project, the
results of the facilities plan, and the overall budget and schedule. Mr.
Wi lli ams i ndi cated that a post ti on paper on the pre-desi gn for the
project will be presented at the next Board meeting.
Mr. Kelly briefly highlighted the California Environmental Quality
Act (CEQA) process and complexities, recent court decisions relating to
EIRs, the recently completed facilities plan, and the EIR schedule.
Board discussion followed concerning the depth of of the inlets for
the Headworks Project and use of existing Headworks facilities.
1.2' 0:.7,; 8,"9.
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Following discussion, it was moved by Member Carlson and seconded by
Member Dal ton, that the General Manager-Chi ef Engi neer be authorized to
execute a contract amendment with Environmental Science Associates, Inc.
in the amount of $97,200 for preparation of the Contra Costa Blvd. Relief
Interceptor Project and the "A" Line Right-of-Way Acquisition Project
EIR. Motion approved with Members Boneysteele and Rainey being absent.
VII.
LEGAL/ LITIGATION
1.
DENY INDEMNITY CLAIM FROM DALTON OONSTRUCTION COMPANY
Mr. Dolan, General Manager-Chief Engineer, reported that this
indemnity claim relates to tunneling work done by TM Road Boring, a
subcontractor, on the 1680/SR24 Sewer Relocation Project. Staff
recommends denial of the claim.
It was moved by Member Dalton and seconded by Member Carlson, that
the claim from Dalton Construction Company for indemnification by the
District on the TM Road Boring lawsuit against Dalton Construction
Company and the District, be denied. Motion approved with Members
Boneysteele and Rainey being absent.
2.
DENY CLAIM FROM PLANT MAINTENANCE INCORPORATED
Mr. Dolan, General Manager-Chief Engineer, stated that this claim
should be covered by the contractor's insurance program under which the
District is an additionally named insured.
It was moved by Member Dalton and seconded by Member Carlson, that
the $9,115.71 claim from Plant Maintenance Incorporated be denied and
referred to staff for further action as necessary. Motion approved with
Members Boneysteele and Rainey being absent.
VIII.
CORRESPONDENCE
1.
RECEIVE LETTER FROM RETIRED REAR A~IRAL IAN lHOMSON CONCERNING "THE
VALLEY WASTE MANPGEMENT RECYCLING PROORAM .
RECEIVE LETTER FROM HELEN W. BARROIIS CONCERNINGGARBPGE COSTS
2.
Receipt of letters from Retired Rear Admiral Ian Thomson concerning
the Valley Waste Management Recycling Program and Helen W. Barrows
concerning garbage costs, was acknowledged.
IX.
APPROV AL OF MINUTES
1.
MINUTES OF NOVEtJBER 16, 1989
It was moved by Member Carlson and seconded by Member Dalton, that
the minutes of November 16, 1989, be approved as presented. Motion
approved with Members Boneysteele and Rainey being absent.
X.
APPROV AL OF EXPENDITURES
1.
EXPENDITURE LIST DATED DECEMBER 7, 1989
Member Dalton, member of the Budget and Finance Committee, stated
that he and Member Clausen reviewed the expenditures and found them to be
sa ti sf actory .
It was moved by Member Dalton and seconded by Member Clausen, that
the Expenditure List dated December 7, 1989, including Self-Insurance
Check Nos. 100407-100409, Running Expense Check Nos. 49863-50114, Sewer
Construction Check Nos. 7709-7748, and Payroll Check Nos. 18646-18910, be
approved as recommended. Motion approved with Members Boneysteel e and
Rainey being absent.
XI.
EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None
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1.
XII.
GENERAL MANffiER-CHIEF ENGINEER
REPORTS
a. Mr. Dol an, General Manager-Chief Engi neer, reported that i n
early fall, the Orinda-Moraga recycling program began and many calls were
received. That program is now up and running and the calls have stopped.
We are now implementing recycling programs in Danville and Alamo. Valley
Waste Management has received between 250 and 300 calls, and Di stri ct
staff has handled approximately 100 èalls. Mr. Dolan briefly touched on
the issues raised by the callers and the population of the service areas.
Many of the long-term recycl ers may eventually appreci ate the conveni ence
offered by curbside pickup. However, some may still have concerns at the
time of our next rate hearing. We may wish to develop some method of
communicating directly with the public, such as a mailer. Member Clausen
suggested that a follow-up survey might be used.
b. Mr. Dolan stated that at a recent Board meeting, the subject of
bid bond requirements was raised. Mr. Dolan briefly reviewed the
Di stri ct' s current practi ces and statutory req ui rements. As a resul t of
the review, a change in policy will be implemented. Bid/
performance/payment bonds will generally be requi red for jobs over
$25,000 and only on jobs less than $25,000 when there is a special
concern. This will still provide opportunities for small contractors,
while not exposing the District to excessive risks.
c. At the Special District Meeting in October, it was decided that
we should pursue legislation allowing special districts to vote on County
Solid Waste Management Plan approval. Mr. Dolan distributed a draft
letter to our local legislators prepared by Ms. Elaine Jacobs, Assistant
Engineer. Ms. Joyce McMillan, Secre'tary of the District, has surveyed
our state legislative delegation and learned that an AB 939 clean-up bill
is in progress and that several legislators are interested in learning
more about our position. Following a brief discussion, it was the
consensus of the Board that the draft letter be approved and sent to our
State legislative delegation.
d. The proposed letters to Danville, Lafayette, Moraga, and Orinda
concerning development of a Household Hazardous Waste Program were
approved as presented.
e. Mr. Dolan announced that the proposed Blum Road homeless shelter
has been removed from the list for active consideration.
f. Computer-Aided Drafting (CAD) system implementation is underway.
District staff is continuing to work with other agencies on joint use and
development of base maps. The District will purchase some of the
hardware i n the near future, and we have been advi sed that we will
receive many of the base maps from Contra Costa County this spring.
g. Mr. Dòlan stated that the Board was previously advised that the
results of testing at the M-2 Line repair indicated acetone and benzine.
These data proved to be i n error. We have secured the open excavati on
and completed an adequate repair. We need to do some clean-up work to
secure the area. We expect to be done by next week.
h. Mr. Dol an announced that the Board Room HV AC system was not
operating earlier today. Messrs. Bob Robertson and Harold Newman fixed
the problem and got the system working for the Board Meeting.
2.
COUNSEL FOR "THE DISTRICT
Mr. Kenton L. Alm, Counsel for the District, stated that at a
previous Board Meeting, Board Member Clausen questioned the security of
the Di stri ct investments hel d by Contra Costa County i n the County's
name. Thi s issue has been looked into and a pl an of action developed.
Mr. Alm provided background on investment of surplus District funds and
the unw ritten agreement with Contra Costa County. There i s statutory
authority that allows a county to provide investment services for special
districts; however, it does not specifically address the issue :of
insolvency or some similar issue. Mr. Alm stated that he did not believe
there is any great danger to the District's investments in the immediate
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future. The relationship that we currently have with the County is
ei ther an agency or trust rel ati onshi p, and the Di stri ctwoul d be treated
as a preferred creditor in the event of insolvency. However, because it
is a large sum of money, the District should take steps to ensure that we
are protected. The District could require that the securities be put in
the District's name. Since the County handles investments for some 60
speciai districts, this could be burdensome to them. The District could
handle our investments in-house rather than having the County perform the
service. Lastly, the District could formalize the relationship with the
County by contract. A draft of such a contract has been produced, and
the County has i ndi cated they woul d be willing to enter into such a
contract. Mr. Alm recommended that the contract be reviewed and analyzed
by bankruptcy counsel prior to submitting the contract to the County.
The Board concurred that we should pursue the option of formalizing our
relationship with the County in a contract and that the contract should
be revi ewed by a bankruptcy counsel.,
In response to a question from Member Clausen, Mr. Walter Funasaki,
Finance Officer, stated that the State maintains the District's funds in
the Local Agency Investment Fund (LAIF) in an account in the District's
name.
3.
SECRETARY OF THE DISTRICT
None
4.
BOARD MEM3ERS
Member Clausen reported that the Solid Waste Export Committee will
meet on December 11, 1989 at 11 a. m. i n Alameda County. Member Cl ausen
suggested that a staff person attend.
XIII.
ANNOUNCEMEN TS
None
XIV.
CLOSED SESSION
None
xv.
ACTION RESULTING FROM DISCUSSIONS IN CLOSED SESSION
None
XVI.
ADJ OJRNMENT
There bei ng no further bust ness to come before the Board, Member
Clausen adjourned the meeting at the hour of 4:29 p.m.
1U~-
President of the Board of Directors
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
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S~ r~ ary of the' Central Contra
C ta Sanitary District, County
of Contra Costa, State of California
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