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HomeMy WebLinkAboutBOARD MINUTES 06-08-90 104 MINUTES OF THE ADJOURNED REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JUNE 8, 1990 The District Board of the Central Contra Costa Sanitary District convened in an adjourned regular session at its regular place of meeting, 5019 Imhoff Place, County of Contra Costa, state of California, at 3 p.m. on June 8, 1990. President Carlson Called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Boneysteele, Dalton, Clausen, Rainey, Carlson ABSENT: Members: None 2. PUBLIC COMMENTS None 3. HEARINGS a.. CONDUCT PUBLIC HEARINGS TO RECEIVE PUBLIC COMMENT ON THE 1990- 1991 OPERATIONS AND MAINTENANCE BUDGET AND THE SELF-INSURANCE FUND BUDGET AND FOR THE ESTABLISHMENT OF THE 1990-1991 SEWER SERVICE CHARGE RATES. AND ON PLACING CURRENT AND DELINOUENT SEWER SERVICE CHARGES ON THE COUNTY TAX ROLL FOR COLLECTION President Carlson indicated that three separate public hearings will be conducted to consider approval of the 1990-1991 Operations and Maintenance (O&M) Budget and establishment of the 1990-1991 Sewer Service Charge rates, collection of the 1990-1991 Sewer Service Charges on the County tax roll, and collection of delinquent 1989-1990 Sewer Service Charges on the County tax roll. Mr. Roger J. Dolan¡ General Manager-chief Engineer, stated that a Board workshop on the 1990-1991 O&M Budget, Self-Insurance Fund Budget and Sewer Service Charge rates was held at the May 31, 1990 Board Meeting. Mr. Dolan introduced Mr. Walter N. Funasaki, Finance Officer, who reviewed the revenues, expenditures, and reserves of the Self-Insurance Fund Budget and the O&M Budget. Mr. Funasaki stated that the Self-Insurance Budget is projected to end the 1989-1990 year with a reserve of $5.8 million which is very close to the recommended $6 million reserve. Mr. Funasaki reviewed the revenues,expenditures, and reserves of the O&M Budget for a six-year period including the current year and also the budget year. Using the current Sewer Service Charge of $124, reserves are projected to be significantly below the prudent reserve level. Mr. Funasaki stated that overall there was a 9.7 percent increase in budget over 1989-1990. This primarily represents increases in salaries and wages, employee benefits, and technical services line items. Mr. Funasaki presented a comparison of the District's current Sewer Service charge and annual Sewer Service Charges assessed by neighboring agencies. Mr. Funasaki presented three al ternati ve Sewer Service Charge rates based on increasing the current $124 rate by $12, $11, and $10. Each of the alternative rates included two options which were projected for 1990-1991 through 1996-1997. At 3:34 p.m., President Carlson opened the public hearing. Mr. Donald L. phristen, Executive Vice President of the Contra Costa Taxpayers Association, distributed a statement from that organization. On behalf of the Contra Costa Taxpayers Association, Mr. Christen stated that because of good management, again this year the District came in under budget by $486,000. Mr. Christen questioned the prudent reserve level of ten percent, suggesting that a five percent reserve would be more appropriate. Mr. 'O~ os .'., " ' 90 105 Christen recommended an increase in the Sewer Service Charge rate to $128, which would allow the District the maintain a reserve of five percent. There being no further comments, President Carlson closed the public hearing at the hour of 3:38 p.m. Mr. Dolan expressed appreciation for Mr. Christen's generous thoughts with regard to the management of the District, but indicated that future uncertainties must be recognized. Although a diligent effort was made to estimate revenues, they are uncertain. In the last five years there has been at least one year where expenditures exceeded budget. Staff has given a great deal of thought to the issue of a prudent reserve. staff believes that a ten percent reserve is conservative but reasonable. Board and staff discussion followed wi th regard to uncertainties and unknown emergencies such as a possible seismic event. President Carlson stated that staff has monitored and controlled the budget well except in years when there were exceptionally high utility costs; however, those costs were offset by other economies. In addition, by establishing a Self-Insurance, Fund, the district saved the public $1 million a year. ,There is still a considerable risk. A ten percent reserve would seem prudent given the risks the District may face. Member Clausen stated that he fully supported the concept of the Self-Insurance Fund and recommended that the District continue to contribute $500,000 a year to that Fund. Member Clausen stated that he does not support adding personnel this year. The District should continue to work at the existing staffing level. President Carlson stated that he appreciated the concern with controlling costs but did not favor cutting down on personnel because of the solid waste issues, regulatory concerns, and risks facing the District. President Carlson supported the $136 Sewer service Charge rate to maintain a prudent reserve level. Member Rainey stated that she has supported Member Clausen and his concerns about spending levels in the past; however, staff has been very respònsi ve as far as the Personnel Budget. Member Rainey stated that the District's greatest expense and exposure is maintenance of pipelines and operation of the plant. Member Rainey expressed support for the Personnel Budget stating that additional positions are needed for those functions. Member Dalton endorsed the staff proposal, stating that maintenance activities in particular, should be properly finance. It was moved by Member Dalton and seconded by Member Boneysteele, that the 1990-1991 Operations and Maintenance Budget be approved, and that the 1990-1991 Sewer Service Charge rate Schedule be established as set forth in Ordinance No. 175. Motion approved on the following roll call vote: AYES: Members: Dalton, Boneysteele, Rainey, Carlson NOES: Members: Clausen ABSENT: Members: None Member Rainey requested that staff keep examining expenses to avoid a continuing upward spiral if possible. In response to a comment made by President Carlson earlier, Mr. Dolan stated that staff has given the issue of labor used on capital projects a grèat deal of thought and that is one of the reasons outside consultants have been used to the extent they have been. ¡ ~ ,:' 06;/ ,:O8',:,:~ ~O " . :. " ",' J 106 At 4:12 p.m., President Carlson opened the public hearing regarding collection of the 1990-1991 Sewer Service Charges on the County tax roll. There being no comments, President Carlson declared the public hearing closed. It was moved by Member Clausen and seconded by Member Rainey, that collection of the 1990-1991 Sewer Service Charges on the County tax roll be authorized and that Resolution No. 90-066 be adopted to that effect. Motion unanimously approved on the following roll call vote: AYES: Members: Clausen, Rainey, Boneysteele, Dalton, Carlson NOES: Members: None ABSENT: Members: None At 4:13 p.m., President Carlson opened the public hearing to consider collection of the delinquent 1989-1990 Sewer Service Charge on the County tax roll. There being no comments, President Carlson declared the public hearing closed. It was moved by Member Rainey and seconded by Member Clausen, that the Delinquent Sewer Service Charge Account Report dated June 1990, be adopted pursuant to Section 5473 of the Health and Safety Code and that collection of that delinquent Sewer Service Charge on the County tax roll be authorized (Resolution No. 90-067). Motion unanimously approved on the following roll call vote: AYES: Members: Rainey, Clausen, Boneysteele, Dalton, Carlson NOES: Members: None ABSENT: Members: None At 4:14 p.m., Member Dalton left the meeting. Member Dalton had previously indicated that he would have to leave the meeting and had requested to be excused. 4. CONSENT CALENDAR Member Rainey requested that Item a. be removed from the Consent Calendar for discussion. Member Rainey inquired why the District would limit the liability of the property owner in the Agreement Relating to Real Property with Pinebrook Partners, Job 1529 - Parcel 1, Lafayette area, when the District would be allowing an encroachment on the sanitary sewer easement. Following discussion of the site, existing pipeline locations, alternative pipeline locations, and measures that could be taken to protect the pipeline and the structure, it was the consensus of the Board that staff return to the property owner and advise them that 1) no encroachment will be allowed; or 2) the encroachment will be allowed but no maximum on expenses will be agreed to, easement rights must be granted to provide access in the. event future excavation is needed, and the foundation adjacent to the right of way must be installed to a depth lower than the bottom of the pipe. It was moved by Member Rainey and seconded by Member Clausen, that the Consent Calendar, consisting of Items b. though e. excluding Item a., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. b. Authorization was given for P.A. 90-9 (Alamo) to be included in a future formal annexation to the District. Motion approved on the following vote: {}(O6!OS':;90 107 AYES: Members: Rainey, Clausen, Boneysteele, Carlson NOES: Members: None ABSENT: Members: Dalton c. Amended Assessment Diagram, Local Improvement District 56, Walnut Creek area, was confirmed, assessment amounts were apportioned as set forth in the position paper, and the recording of said Diagram was authorized. Motion approved on the following vote: AYES: Members: Rainey, Clausen, Boneysteele, Carlson NOES: Members: None ABSENT: Members: Dalton d. The contract work for the Ash Storage Basin I Improvements and Holding Basin Levee Roads Pavement' Project (District Project 10066 and 10067) was accepted and the filing of the Notice of completion was authorized. Motion approved on the following vote: AYES: Members: Rainey, Clausen, Boneysteele, Carlson NOES: Members: None ABSENT: Members: Dalton e. A Leave of Absence without Pay was authorized for Ruth Bennett, Engineering Applications Technician II, effective June 13, 1990, through September 3, 1990. Motion approved on the following vote: AYES: Members: Rainey, Clausen, Boneysteele, Carlson NOES: Members: None ABSENT: Members: Dalton CALL FOR REOUESTS TO CONSIDER ITEMS OUT OF ORDER None 5. SOLID WASTE a. CONSIDER ADOPTION OF A RESOLUTION CONSENTING TO THE ASSIGNMENT OF THE ORINDA-MORAGA DISPOSAL SERVICE. INC. FRANCHISE AGREEMENT TO W. DOUGLAS LOMOW. ET AL Mr. Dolan, General Manager-Chief Engineer, distributed copies of the amended resolution consenting to the assignment of the Orinda-Moraga Disposal Service, Inc. franchise agreement. It was moved by Member Rainey and seconded by Member Clausen, the Resolution No. 90-068, A Resolution Ordering Assignment of the ,Orinda-Moraga Disposal Service, Inc. Franchise, be adopted as amended. Motion approved on the following roll call vote: AYES: Members: Rainey, Clausen, Carlson NOES: Members: Boneysteele ABSENT: Members: Dalton 0,6: 08Þ 90? 108 6. ADMINISTRATIVE a. CONSIDER ADOPTION OF A RESOLUTION REQUESTING CONSOLIDATION OF THE ELECTION OF DISTRICT BOARD MEMBERS WITH THE STATÉWIDE GENERAL ELECTION ON NOVEMBER 6. 1990. AND CONSIDER DISTRICT REGULATIONS FOR CANDIDATE STATEMENTS It was moved by Member Clausen and seconded by Member Rainey, that Resolution No. 90-069, requesting consolidation of the election of District Board Members with the Statewide General Election to be held on November 6, 1990, be adopted; and that the District's regulations relating to candidate statements be reaffirmed. Motion approved on the following roll call vote: AYES: Members: Clausen, Rainey, Boneysteele, Carlson NOES: Members: None ABSENT: Members: Dalton 7. PERSONNEL a. AMEND THE 1990-1991 PERSONNEL BUDGET TO RECLASSIFY HENRY THOM FROM ASSOCIATE ENGINEER (S-77 $4077/MO. TO $4939/MO.) TO SENIOR ENGINEER (S-82. $4599/MO. TO $5599/MO.) Mr. Dolan, General Manager-Chief Engineer, stated that the position paper is fairly complete and speaks for itself. Managers , met and conferred with the mid-management bargaining unit. The mid-managers would prefer the kind of advancement that is the resul t of competi ti ve examinations. Management does, too, but feels in this case reclassification is appropriate because Mr. Thom is actually doing the higher level of work consistent with the Senior Engineer position. We intend to continue the dialogue with the mid-managers bargaining unit to fully explore their concerns. We have a very good group who are interested in moving into the Senior Engineer position. The bargaining unit has decided not to protest this action. Following discussion, it was moved by Member Clausen and seconded by Member Boneysteele, that Henry Thom be reclassified from Associate Engineer (S-77, $4077/Mo. to $4939/Mo.) to Senior Engineer (S-82, $4599/Mo. to $5599/Mo.) effective at the beginning of the June pay period. The motion was approved on the following roll call vote: AYES: Members: Clausen, Boneysteele, Rainey, Carlson NOES: Members: None ABSENT: Members: Dalton 8. REAL PROPERTY a. AUTHORIZE PURCHASE OF PROPERTY LOCATED IN THE TOWN OF DANVILLE MUNICIPAL SERVICE CENTER Member Rainey inquired whether the title report would require a lot split. Mr. Kenton L. AIm, Counsel for the District, indicated that it would not. The District would be buying the property in fee. The matter has gone through the Planning Commission where a resolution was adopted endorsing the action. Mr. John Larson, Collection System Operations Department Manager, stated that a metes and bounds description will be part of the deed. A subdivision map will be filed showing easements. It was moved by Member Boneysteele and seconded by Member Rainey, that Resolution No. 90-070 be adopted, concurring with and adopting the Negative Declaration of the Town of Danville, ordering the filing of the Notice of Determination stating that the District, as a responsible agency, has considered the Negative Declaration as prepared by the Town of Danville, and authorizing O;6'~ OS,;- 9:0f 109 the purchase of one acre of property located within the Town of Danville Municipal service Center at a cost of $347,000; and that $352,000 be authorized from he Sewer Construction Fund to the General Improvements contingency Account. Motion approved on the following vote: AYES: Members: Boneysteele, Rainey, Carlson NOES: Members: Clausen ABSENT: Members: Dalton 9. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED JUNE 7. 1990 Member Boneysteele, member of the Budget and Finance Committee, stated that he and Member Dalton reviewed the expenditures and found them to be satisfactory. It was moved by Member Boneysteele and seconded by Member Rainey, that the Expenditure List date June 7, 1990, including Self-Insurance Check Nos. 100445-100448, Running Expense Check Nos. 53164-53496, Sewer Construction Check Nos. 8280-8355, and Payroll Check Nos. 20256-20525, be approved as recommended. There being no objection, the motion was approved with Member Dalton being absent. 10. BUDGET AND FINANCE CONDUCT A BOARD WORKSHOP ON THE DRAFT FISCAL YEAR 1990-1991 CAPITAL IMPROVEMENT BUDGET a. Mr. Dolan, General Manager-Chief Engineer, stated that the draft 1990-1991 Capital Improvement Budget was reviewed in detail by the Capital Projects Committee of the Board. The Committee suggested that we continue pacing projects and contractual commitments with an eye toward conserving reserves. staff agrees - with this recommendation. President Carlson declared a recess at the hour of 4:36 p.m., reconvening at the hour of 4:39 p.m. with all persons present as previously designated. Mr. James Kelly, Planning Division Manager, presented an overview of the 1990-1991 Capital Improvement Budget. Mr. Kelly highlighted the new projects in the Fiscal Year 1990-1991 Capital Improvement Budget and the major projects (those with an estimated project cost of more, than $1 million). Mr. Kelly reviewed the Sewer Construction Fund projections, stating that revenues are projected to be $22,900,000 and expenditures are projected to be $24,400,000 for a net decrease in the Sewer Construction Fund of $1,500,000. It is estimated that $32,508,000 will be carried over to 1990-1991. An additional authorization of $32,438,000 is requested, bringing the total authorization to $53,946,000. Mr. Kelly reviewed the schedule for adoption and implementation of the Capital Improvement Budget. Board and staff discussion followed concerning the ambitious schedule of capital projects in the budget. President Carlson thanked Mr. Kelly for his presentation. 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None ,06.,.,.08.,90 '..:\" '~:,\f ::.!'"l 110 12. REPORTS GENERAL MANAGER-CHIEF ENGINEER a. 1) Mr. Dolan, General Manager-Chief Engineer, reported that testing of wells and groundwater in Bollinger Canyon has continued and staff is working with the Regional Water Quality Control Board, the California Department of Forestry, Tracor Aerospace, and the residents. Traces of solvent were found in the leach water under the ieach pipe and in a backup well for property which is being sold. All concentrations are extremely minute. The Regional Board is planning to write a tentative clean up order. The District is working with them. On June 14, 1990 at 7:30 p.m. a meeting has been scheduled for the residents of Bollinger Canyon. The meeting will be held at the Department of Forestry meeting room. The Health Department, Regional Board and Tracor have been invited to attend. 2) Mr. James Kelly, Planning Division Manager, reported that as part of the closure plan for Acme Fill they are required to collect and treat leachate. Based on the alternatives they have explored, they have found that discharging to the District is the most 'cost effective alternative and they have approached us to accept their leachate. At this time there is not enough information available to make that decision. District staff proposes that a six-month trial test ~aking low levels of leachate be done. It is hoped that this trial test will demonstrate that their collection and treatment of leachate is workable. The District will do extensive toxicity testing of the leachate during the trial test. The six-month trial test has been approved by the Regional Board on a temporary basis. Member Clausen cautioned that once the District enters a long- term contract to take Acme Fill leachate, it will be difficult to cease taking the leachate in the future. Discussion followed concerning the characteristics of the leachate currently and in the future. 3) Mr. Dolan announced that a BOP DROP, household hazardous waste cleanup day, is scheduled for Saturday, June 9, 1990. Central Contra Costa Sanitary District is one of the sites. Batteries, oil, and latex paint will be accepted. Mr. Dolan commended the following people for volunteering to work at the event: Paulette Bruzzone, Bart Brandenburg, John Larson, Rich Walker, Elaine Jacobs, Susan McNulty Rainey, Richard Rainey, Chuck Gardner, Tom Godsey, Wayne Griffiths, Carolyn Gregg, Jim Hampton, Pat Kast, James Minor, Jonalea Ostlund, Ken, Roan, David Rolley, Tom Trice, Tom Cheng, Gail Chesler, Pat Camorongan, Jane Parker, Al Robinson, and Steve Colberg. Their efforts are expected to make the BOP DROP a success. 4) Mr. Dolan announced that confined space entry has become a concern recently because of the teenage mutant ninja turtles, who live in the sewers. Children around the country are trying to get into the sewers to see them. Channel 7 filmed a confined space entry today on the plant site and discussed safety concerns. The film will be shown on the five o'clock news today, June 8, 1990. 5) Mr. Dolan announced that four District staff members will be traveling to various locations around the United states to view sludge dryers. The trip is planned for the week of June 18, 1990. b. COUNSEL FOR THE DISTRICT None c. SECRETARY OF THE DISTRICT None - ,,' , ,:,.: ,~ ' 06 OS' '90 111 d. BOARD MEMBERS 1) Member Rainey reported that the Plastics Recycling Commi ttee met last week. It was reported that the Board of Supervisors unanimously voted that they had a right to assess $200,000 on the Marsh Canyon landfill for a resource recovery action program. Member Rainey reported that the proposed JPA was presented at the Mayors Conference on June 7, 1990, and will be discussed again on June 20, 1990, at 9 a.m. at a meeting here at Central San. 2) Member Clausen reported that after the last meeting with San Jose he urged Ms. Sara Hoffman, the County Solid Waste Manager, to pursue an export agreement with San Joaquin County. Although the San Jose option does not look good, the County is still pursuing that alternative as well. 13. ANNOUNCEMENTS None 14. CLOSED SESSION INITIATION OF LITIGATION a. Pursuant to Government Code Section 54956.9 (c), on the advice of Counsel based on existing facts and 'circumstances, the Board of Directors of the Central Contra Costa Sanitary District has decided to initiate or is deciding whether to initiate litigation. The title of the litigation is not being disclosed because to do so would jeopardize the ability of the District to effectuate service of process or to advantageously conclude existing settlement negotiations. At 5: 36 p.m., President Carlson declared the closed session to discuss litigation pursuant to Government Code Section 54956.9 (c). At 6:02 p.m., President Carlson concluded the closed session and reconvened the meeting into open session. 15. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None 16. ADJOURNMENT There being no further business to come before the Board, President Carlson adjourned the meeting at the hour of 6:02 p.m. /Ítdd?L President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: ~ Se~etary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California .~O:6 iO,8 ,~:9.0 I, ' , '. '" ... '., , .' '....