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HomeMy WebLinkAboutBOARD MINUTES 03-01-90 44 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CX)NTRA COSTA SANITARY DISTRICT HELD ON MARQi 1, 1990 The District Board of the Central Contra Costa Sanitary District convened i n a regul ar session at its regul ar pl ace of meeti ng, 5019 Imhoff Pl ace, Marti nez, County of Contra Costa, State of Cal Horni a, at 3 p.m. on March 1, 1990. President Carlson called the meeting to order and requested that the Secretary call roll. I. ROLL CALL PRESENT: ABSENT: Members: Boneysteele, Dalton, Clausen, Rainey, Carlson Members: None II. PUBLIC COMMENTS None III. AWARDS AND COMMENDATIONS 1. RESOLUTION cx)MMENDING DAN IEL LOPEZ UPON HIS RETIREMENT FROM CENTRAL cx)NTRA COSTA SANITARY DISTRICT Presi dent Carl son read the resol uti on commendi ng Mr. Dani el Lopez upon his retirement after more than 26 years of service to the District. The Board wished Mr. Lopez well in his retirement and indicated that his hard work and enthusiasm will be missed. It was moved by Member Dalton and seconded by Member Rainey, that Resol uti on No. 90-033 be adopted, commendi ng Dani el Lopez upon hi s reti rement from Central Contra Costa Sanitary District. The motion was unanimously approved on the following vote: AYES: NOES: Members: Dalton, Rainey, Boneysteele, Clausen, Carlson Members: None ABSENT: Members: None IV. BIDS AND AWARDS 1. nJTHORIZE AWARD OF CONTRACT TO LES McDONALD CONSTRUCTION _q)MPANY FOR THE CX>NSTRUCTION OF ASH STORJlGE BASIN I .IMPROVEMENTS' AND ,HOLDING BASIN LEVEE ROADS PAVEMENT, DISTRICT PROO ECTNOS. 10066 AND 10067 Mr. Roger J. Dol an, General Manager-Chief Engi neer, stated that several very competitive bi ds were received. Staff woul d recommend authorizati on to award to the low bi dder, Les McDonal d Constructi on Company. It was moved by Member Dalton and seconded by Member Clausen, that award of the constructi on contract i n the amount of $154,000 for Ash Storage Basi n I Improvements and Hol di ng Levee Roads Pavement, Di stri ct Project Nos. 10066 and 10067, be authorized to Les McDonald Construction Company as the lowest responsible bidder. There being no objection, the moti on was unanimously approved. V. CONSENT CALENDAR Follow i ng di scussi on of the proposed changes to the Di stri ct Code regardi ng i nsurance requi rements for private sewer contractors, it was moved by Member Rai ney and seconded by Member Dal ton, that the Consent Cal endar consi sti ng of th ree items be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Authorizati on was given for P. A. 90-3 (Wal nut Creek) to be included in a future formal annexation to the District. .-::03' 01,: ..90 45 Motion unanimousl y approved on the following vote: AYES: Members: Rai ney, Dalton, Boneysteele, Cl ausen, Ca rl son NOES: Members: None ABSENT: Members: None 2. March 15,1990 was established as the date for a public hearing to consider changes to the District Code regarding insurance requirements for private sewer contractors. Motion unani mousl y approved on the following vote: AYES: Members: Rai ney, Dalton, Boneysteele, Cl ausen, Carl son NOES: Members: None ABSENT: Members: None 3. Resolution No. 90-34 was adopted, confirming that publication of Di stri ct Ordi nance No. 173 establ ish i ng the use of Irrevocable Offers of Dedication to create easement rights for public sewers, has been made. Motion unanimously approved on the following vote: AYES: Members: Rai ney, Dalton, Boneysteele, Cl ausen, Carl son NOES: Members: None ABSENT: Members: None CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER At this time, President Carlson proceeded to Item XIII., Closed Sessi on. XIII. 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 discussed was Central Contra Costa Sanitary District versus Western Title Insurance Company, et al, Contra Costa Superior Court No. C88-01497. At 3: 15 p. m. , Presi dent Carl son decl ared the closed sessi on to discuss litigation pursuant .to Government Code Section 54956.9(a). At 4:14 p.m., President Carlson concluded the closed session and reconvened the meeting into open session. XIV. ACTIONS RESULTING FROM DISCUSSION IN CLOSED SESSION None At this time, President Carlson reverted to the order of the agenda. VI. SOL ID WASTE 1. SOLID WASTE INFORMATIONAL BROQ-lURE Mr. Dol an, General Manager-Ch i ef Engi neer, stated that the need to give more information concerning solid waste issues to the members of our publ ic has been discussed with the Board on several occasions in the past. The draft solid waste information brochure was distributed to the Board prior to the meeting. Mr. Dolan requested comments from the Board on the draft brochure. 03 01. 90 46 Discussion followed concerning mailing of the brochure, the use of recycled paper and envelopes, and the length and content of the brochure. It was suggested that references to the exact dollar amounts for export to Alameda County and the closure assessments to each city be deleted and more general language inserted. Information on the District's role in ,recycling and the District's public hearing process for setting rates will be i nserted as well. Mr. Paul Morsen, Deputy General Manager, indicated that the costs for producing this brochure will be recovered through the franchise fees. It was moved by Membe'r Rai ney and seconded by Member Cl ausen, that the solid waste informational brochure be approved with the modifications noted above. There being no objection, the motion was unanimously approved. The Board commended staff on the excellent and informative piece of work. VII. CORRESPONDENCE 1. RECEIVE LETTER FROM THE <X>NTRA COSTA COUNTY BOAAD OF SUPERVISORS INV ITING THE DISTRICT TO PARTICIPATE IN THE APRIL 12, 1990 <X>NFERENCE TO KICK OFF COMMEMORATION OF EARTH MONlH ' Board and staff discussed alternatives for commemorating Earth Month at the District and in conjunction with the April 12, 1990 event sponsored by the County. Al though the concept of a tree farm does not appear to be feasible for Earth Month, staff will follow up on the feasibility of such a project for the long term. It was the consensus of the Board that the Di strict shoul d have a booth at the April 12, 1990 Conference to .ki ck off commemorati on of Earth Month. Informati onal material such as the Annual Report and sol id waste brochure will be available at the booth. 2. RECE IVE LETTER FROM SENATOR DAV IDRœERTI, QiAIRMAN OF ,SENATE RULES <X>MMITTEE, AC~ ()I LEOO INGRECE'IPT OFt ETTER RECOMMENDING MS. AVON WILSON FOR APPOINTMENT TÒ THE INTEGRATED WASTE MANAGEMENT BOAAD The Board noted receipt of the letter from Senator David Roberti, Chai rman of the Senate Rul es Committee, acknowledgi ng recei pt of the 1 etter recommendi ng Ms. Avon Wll son for appoi ntment to the Integrated Waste Management Board. 3. RECEIVE LETTER FROM ASSEMBLYMAN PHILLIP ISENBERG CONCERNING JIB 939 (SHER) Mr. Dolan, General Manager-Chief Engineer, reported that the District is trying to ,enlist the support of our franchise cities to work with the League of California Cities for support of amendment to p.a 939 r,el ative to the author; ty and responsi bll ity of franch i si ng agenci es. The Board noted receipt of the letter from Assemblyman Phillip Isenberg concerning AB 939 (Sher). ' VIII. APPROV AL OF MINUTES 1. MINUTES OF ADJ OURNED REGULAR MEETING OF JANUARY 25, 1990 It was moved by Member Rai ney and seconded by Member Boneysteel e, that the minutes of the adjourned regular meeting of January 25, 1990, be approved as presented. Motion approved with Member Cl ausen abstai ni ng because he was not present at the adj ourned regul ar meeti ng of J anua ry 25, 1990. 2. MINUTES OF lrtE REGULAR MEETING OF FEBRUARY 1, 1990 It was moved by Member Rai ney and seconded by Member Boneysteel e, that the minutes of February 1, 1990, be approved with the following corrections: 03 01; 90 47 On page 5, in the fifth paragraph, the ph rase "City of Pittsburg Council member, " was added immediately following Ms. Parent's name. On page 9, the làst sentence of the first paragraph was deleted. There bei ng no obj ecti on, the above moti on was unanimously approved. IX. EXPENDIlURES 1. EXPENDITURE LIST DATED MARCH 1,1990 Member Boneysteel e, member of the Budget and Fi nance Committee, stated that he and Member Dalton reviewed the expenditures and found them to be satisfactory. It was moved by Member Boney steel e and seconded by Member Dal ton, that the Expenditure List dated March 1, 1990, including Self-Insurance Check Nos. 100427-100431, Runni ng Expense Check Nos. 51490-51708, and Sewer Constructi on Check Nos. 7988-8020, be approved as recommended. There being no objection, the motion was unanimously approved. X. EMERGENCY SITUATIONS REQUIRING BOAAD ACTION None XI. REPORTS 1. GENERAL MANPGER-QiIEF ENGINEER a. Mr. Dol an, General Manager-Chief Engi neer, reported that 1 ast year a sllTlmary of the status of capital projects and revenue was provided to the Board in a voluminous document. The Board does, in fact, get this information on a monthly basis. This year it was decided to provide the information in a series of brief presentations during the Engineer's Report. Mr. Dolan introduced Mr. James M. Kelly, Planning Division Manager, who provided a summary of the Capital Improvement Program revenue for the first six months of the fiscal year ended December 31, 1989, noting that actual revenues of $8,488,000 were $3,120,000 less than budgeted revenues of $11,608,000. It is currently proj ected that capi tal improvement revenue at the end of the fiscal year will be $21,198,000, ni ne percent less than budget. b. Mr. Dol an stated that at the 1 ast Board meeti ng the subj ect of Acme Fill closure and post-closure costs came up and the Board asked to have the matter cal endared for further di scussi on. Board and staff discussion followed with regard to whether the costs must be paid retroactively to December 1989, the need for obtai ni ng Acme's books to verify the basis of the costs, the lègality of collecting the costs th rough the transfer stati on, and the reference to closure and Post-closure costs in the solid waste informational brochure. At the conclusion of the discussion, Mr. Dolan stated that staff will review the text of the sol i d waste i nformati onal brochure carefully to be sure that the District's position concerning closure and post~closure costs has not been compromised, staff will keep the Board apprised of any developments with regard to negotiation of the MOU, and staff will try to obtain the information on which the Acme closure and post-closure figures were based. c. Mr. Dol an introduced Mr. Paul Morsen, Deputy General Manager, who rev iewed the new Department of Transportati on/Department of Motor Vehicle requirements. An annual physical examination and extensive written, walk-around, and driving tests are required. For the most part, these requi rements affect CSO and P.'mping Station personnel. Mr. Morsen reported that the District plans to do some instruction with District forces and employ an instructor to prov i de two sessi ons of remedi al training. Funds were not budgeted for this training; but if the Board has no obj ecti on, staff woul d proceed because of the importance of th is issue and the necessity that the District have qualified drivers. 03 Q 1 ~': 90 48 d. Mr. Dolan stated that the leak in the natural gas line was di scussed at the 1 ast Board meeti ng. The work has been compl eted at an estimated cost of $30,000. Approximately 80 feet of four-inch steel pipe was repl aced. Following explanation of the emergency provisions of the Brown Act by Mr. Alm, Counsel for the District, it was moved by Member Dalton and seconded by Member Rainey, that in accordance with Publ ic Contract Code Section 20806, the Board of Di rectors fi nds that the ci rclITIstances are sufficient for the Board to make the legislative finding that in order to avoid public calamity and to protect the public health and safety, exception to the District standard bidding procedure is authorized for repa i r of the 1 eak i n the natural gas li nee Moti on unanimousl y approved on the following roll call vote: AYES: Members: Da 1 ton, Rainey, Boneysteele, Cl a use n, Ca rl son NOES: Members: None ABSENT: Members: None e. Mr. Dolan stated that the District moved into this Board room in the Fall of 1981 and the rest of the Headquarters Office Building in the Spring of 1982. This was, by and large, a very successful project, and we have had very few probl ems. However, the HV AC sy stem for the Board room was not a good choi ceo Mr. Morsen, Deputy General Manager, stated that after making several modifications to the current system' in an effort to improve its operati on, a study was done by Montgomery & Roberts, an HVAC consulting engineering finn. Mr. Morsen reviewed the findings of the study and the recommendation of Montgomery & Roberts that the heat pllTlp system be changed to a constant volume reheat system. The estimated cost of this work is $54,000. If the Board has no objection, staff will proceed with the consul tant' s recommendation, and the new system should be installed in June 1990. Discussion followed concerning the original heat pllTlp system and its design. Mr. Dolan stated that, as the Board had directed, the staff will provide a copy of the Montgomery & Roberts' study to the original designer and request his opinion and any alternatives he may recommend. If staff is not confident that we have a good design, we will go to a thi rd source. f. Mr. Dolan stated that at a previous meeting, the Water Pollution Control Federation (WPCF) program to develop a Research Foundati on was discussed briefly. The Foundation has now been incorporated. The utility representatives have met and selected an opening list of concerns. Mr. Dol an di stri buted a copy of those i ni ti al assessments. Mr. Dolan stated that he would be a Foundation Director for the next three years. If the District became a member, we would also have a representative on the Utility Council who woul d parti ci pate i n setti ng the specific agenda for the Foundation. The cost for funding the initial program will be approximately 10 cents per househol d per utl1 ity. The cost to the Di stri ct will be about $10,000 to $13 ,000 a year. The Foundation will be working on technical problems that directly affect the Di stri ct, i ncl udi ng toxi cs, ri sk assessment, sl udge di sposa 1, and volatile emissions from treatment plants. If the Board has no objection, funds will be budgeted in the Plant Operations Department budget for the comi ng year. The Board can make the final deci si on duri ng O&M Budget consideration in May 1990. g. Mr. Dol an stated that there will be a nllTlber of vari abl es to consider during the next refuse collection rate-setting process including the breakdown of charges between the first and second can, implementation of the POD automated transfer system by Valley Waste Management, consi derati on of a greenwaste composti ng program, resul ts of the fi rst full year of recycli ng, and timi ng of transfer stati on rate changes. Staff met with Mr. Robert Hil ton to outl i ne a pi ece of study work to address those complications. h. Mr. Dolan announced that at 1,100 tons per day, the difference between the Al ameda County di sposal rate and the rate bel ng pai d by Acme to Waste Management, Inc., i s over $14,000 per day or approximatel y ",,:03 ',' 01".90 49 $3,600,000 per year based on 250 days. Waste Management, Inc., has a powerful incentive to maintain the new status quo and to raise Acme rates as much as possible. 2. COUNSEL FOR THE DISTRICT a. Mr. Kenton L. Alm, Counsel for the Di stri ct, di stri buted a booklet prepared by the California Fair Political Practices Commission concerning California's Conflict of Interest Law. b. Mr. Alm announced that several months ago the Board was advised that there was a 1 awsui t that coul d potenti ally adversel y affect the capital fee structure of special districts. In part, through the efforts of the California Association of Sanitation Agencies (CASA) and the Association of California Water Agencies (AONA), the case has been depublished. The ruling still stands for the parties in the lawsuit, but it cannot be used as an authority in other cases. Mr. Alm stated that the problem still exists since the logic used in reaching the decision could be used again. Proposed legislation has been prepared and is being ci rcul ated by CASA. Mr. Alm recommended that we proceed with the proposed 1 egi sl ati on. At Member Boney steel e' s suggesti on, Mr. Al m will convey his concerns to Mr. Mike Dillon, Executive Director and Legislative Advocate for CASA. 3. SEŒETARY OF THE DISTRICT Ms. Joyce E. McMillan, Secretary of the District, distributed the revised 1990-1991 Budget Schedule. Member Boneysteele expressed concern that some items may be deleted in Board Committee budget review that would pass if presented to the full Board. Following discussion, it was determined that the full Board will be advised of items that have been changed pursuant to committee review. 4. BOAAD MEMBERS Member Rai ney reported on the recent County Sol i d Waste Commi ssi on meeting at which the Solid Waste JPA and AB 939 Task Force were discussed. The Regional Recycling and Household Hazardous Waste Advisory Committee met on February 21, 1990. At that meeti ng, the status of communi ty recycl i ng programs, impl ementati on of P8 939, and composti ng were di scussed. XII. ANNOJNŒMENTS Member Rai ney announced that she woul d be out of town from May 2, 1990, through May 17, 1990, and will be unable to attend the May 3,1990 Board Meeti ng. presi dent Carl son announced that he woul d be unabl e to attend the May 3,1990 Board Meeting. XIII. QOSED SESSION This item was taken out of order earlier in the agenda. XIV. ACTIONS RESULTING FROM DISQJSSIONS IN QOSED SESSION This item was taken out of order earlier in the agenda. XV. ADJ OJRNMENT There being no further business to come before the Board, President Carlson adjourned the meeting at the hour of 6: 2 p.m. COUNTERSIGNED: President of the Board of Directors Central Contra Costa Sanitary District, County of Contra Costa, State of Cal 1forni a O?, " 0 ~- ¡ 9 0 ' . ; ,