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HomeMy WebLinkAboutBOARD MINUTES 06-18-87 88 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JUNE 18,1987 The District Board of the Central Contra Costa Sanitary District convened in a regular meeting at its regular place of meeting, 5019 Imhoff Place, Ma'rtinez, County of Contra Costa, State of California, at 7:30 p.m. on June 18, 1987. President Clausen called ~he meeting ~9 order and requested that the Secretary call roll. I. ROLL CA'=b, PRESENT: Members: Boneysteele, Dalton, McNulty, Carlson, Clausen ABSENT: Members: None II. PUBLIC COMMENTS Mr. Bud Lake, Vice President of Bedford Properties, addressed the Board requesting that annexation of their North Concord property be calendared for consideration, ,at the July 1, 1987 Board Meeting. The Board requested that this matter be calendared on the June 2S, 1987 Engineer's Report. A concern was expressed by President Clausen that it might be better to schedule action for a later Board meeting because of the lengthy agenda already established for the July 1, 1987 meeting. III. APPROVAL OF MINUTES 1. MINUTES OF MAY 19,1987 It was moved by Member Dalton and seconded by Member Carlson, that the minutes of May 19, 1987 be approved as presented. There being no objection, the motion was approved with Member McNulty abstaining for the reason that she was not present at the meeting of May 19,1987. 2. MINUTES OF MAY,,28.., .1987 It was moved by Member McNulty and seconded by Member Dalton, that the minutes of May 28,1987 be approved with the following addition: Under Item X.REPORTS, 4. BOARD MEMBERS c., the following phrase was inserted at the beginning of the last sentence: "The Di rectors' program cons isted of..." .... . ' ,. , , . .. There being'no objection, the above motion was unanimously approved. 3. MINUTES OF JUNE 4, 1987 It was moved by Member McNulty and seconded by Member Carlson, that the minutes of June 4, 1987 be approved as presented. There being no objection, the motion was unanimously approved. IV. HEARINGS 1. CONDUCT A PUBLIC HEARING, CONSIDER ADOPTION OF THE FISCAL YEAR 1987-88 CAPITAL IMPROVEMENT BUDGET , President Clausen indicated that the purpose of this public hearing is to receive comments on the Draft Fiscal Year 1987-88 Capital Improvement Budget. Mr. Roger J. Dol an, General Manager-Chief Engineer, introduced Mr. James M. Kel ly, Pl anning Divi sion Manager, who reviewed the programs, purposes and objectives, and implications of approving the Capital Improvement Budget. Adoption of the Fiscal Year 1987-88 Capital Improvement Budget will authorize funds for planning, design, and construction of capital projects in the programs identified. Adoption of t~e Capital Improvement Budget also constitutes Board of Directors' " "'~ (, ;. 06 18 87' 89 approval of projects listed in Attachment 1 to the position paper which are categorically exempt under the Cal ifornia Environmental Qual ity Act (CEQA). Board and staff discussion followed relative to the specific maturities of the District's temporary investments and the avail ability of funds as required for the capital improvement program. The computer-aided mapping and drafting system and previous Board authorization for a feasibility study were discussed as well. President Cl ausen decl ared the public hearing open at the hour of 7:S2 p.m. There being no comments either in favor of or in opposition to the proposed adoption of the Draft Fiscal Year 1987-88 Capital Improvement Budget, the public hearing wasclosed~ It was moved by Member Carlson and seconded by Member Boneysteele, that the Fiscal Year 1987-88 Capital Improvement, Budget be adopted. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Boneysteele, Dalton, McNulty, Clausen NOES: Members: None ABSENT: Members: None v. BIDS AN> AWARDS 1. AUTHORIZE AWARD TO. PURCHASE SULFUR DIOXIDE LIQUID FROM COMINCO AMERICAN FOR THE PERIOD JULY 1987 THROUGH JUNE 1988 Mr. Dolan, General Manager-Chief Engineer, stated that there was a reduction in the cost of sulfur dioxide liquid in the bids received for the 1987-88 fiscal year over that of the previous year. However, it is anticipated that the annual usage will increase based on increased flow projections and an increase in the chlorine treatment amount. , It was moved by Member Carlson and seconded by Member Dalton, that award to purchase sulfur dioxide liquid from Cominco American for the period Jul y 1987 through June 1988 at a" për ton cost of $21S. 79, be authorized. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Boneysteele, McNulty, Clausen NOES: Members: None ABSENT: Members: None 2. AUTHORIZE AWARD OF A CONTRACT TOPENNWALT-SHARPLES TO FURNISH CENTRIFUGES, AUTHORIZE THE GENERAL MANAGER-,CHIEF ENGINEER TO EXECUTE AN AMENDMENT WH JOHNTAROLLO ENGINEERS, AND AUTHORIZE $1,690,721 FROM THE SEWER CONSTRUCTION FUND FOR DISTRICT ,PROJECT NO. 3791, DEWATERING SYSTEM IMPROVEMENTS' , It was noted that Member Boneysteele is the owner of stock in Pennwalt Company, the parent company of Sharpl es-Pennwalt. Member Boneysteele disqual ified himself from any consideration of this matter and did not participate. Following expl anation, Mr. Dol an, General Manager-Chief Engineer, recommended award of the contract to furnish centri fuges to the low bidder, Pennwalt-Sharples. It was moved by Member Dalton and seëondedby Member McNulty, that award of the contract for $1,433,150 to supply centrifuges for District Project No. 3791, Dewatering System Improvements, be authorized to Pennwalt-Sharpl es, the lowest bidder; that the General Manager-Chief Engineer be authorized to execute contract Amendment No.1 for $26,800 with John Carollo Engineers for additional services during prequalification and fiel d testing; and that the expenditure of $1,690,721 be authorized from the Sewer Construction Fund. Motion approved on the following vote: 06 18 87 90 AYES: Members: Dalton, McNulty, Carlson, Clausen NOES: Members: None. ABSENT: Members: None VI. CONSENT CALENDAR It was moved by Member McNulty and seconded by Member Carlson, that the Consent Calendar, consisting of fourteen items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resol ution No. 87-087 accepting an easement at no cost to the District from J. A. REINER, et ux, Waln'ut Creek area (Job 4144 - Parcel 1) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: NOES: Members: McNulty, Carlson, Boneysteele, Dalton, Clausen Members: None ABSENT: Members,: None 2. Resolution No. 87-088 a~cepting an easement at no cost to the District fromD.M. SCHOLZ, et ux, Lafayette area (Job 4336 - Parcel 1) was adopted and recording authorized. Motion unanimously app roved on the following vote: AYES: Members: McNulty, Carlson, Boneysteele, Dalton, Clausen NOES: Members: None ABSENT: Members: 'None 3. Resolution No. 87-089 accepting an easement at no cost to the District from CONCORD INDUSTRIAL PARK, North Concord area (Job 4326 - Parcel 2) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: NOES: Members: McNulty, Carlson, Boneysteele, Dalton, Clausen Members: None , ABSENT: M~mbers.:. None 4. Resolution .No. 87-090 accepting an easement at no cost to the District from,S.. .P.., SMITI-I, et ux, Or~nda area (Job, 4304 - .Parcel 1) was adopted and recording authoriZ'ed. Motion unanimously approved on the following vote: AYES: Members: McNulty, Carlson, Boneysteele, Dalton, Clausen NOES: Members: None ABSENT: Members: None s. Resolution No. 87-091 ~ccepting an easement at no cost to the District fromD. S. CLARK, Orinda area (Job 4304 - Parcel 2) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: McNulty, Carlson, Boneysteele, Dalton, Clausen NOES: ABSENT: Members: None Members: None 06':,18~ ': 87" 91 Resolution NoA 87-092 accepting an easement at no cost to the District from D. C. SULLIVAN, 'et' ux,WalnUt Creek area (Job 4144 - Parcel 4) was adopted and recording authorized. Motion unanimously approved on the following vote: 6. AYES: NOES: ABSENT: 7. Members: McNulty, Carlson, Boneysteele, Dalton, Clausen Members: None Members: None ~ion No. 87~09~ accepting an easement at no cost to the District from J. HUBERTY and C. MAURO, Walnut Creek area ,(Job 4144 - Parcels 2 and 3) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: NOES: ABSENT: 8. McNulty, Carlson, Boneysteele, Dalton, Clausen Members: Members: None Members: None Resol ution No. 87-094 accepting an easement at no cost to the District from W. TURPIE, et ux, Walnut Creek area (Job 4144 - Parcel 13) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: NOES: ABSENT: 9. Members: McNul~y, Carlson, Boneyste~le, Dalton, Clausen None Members: Members: None Resol ution No. 87-095 accepting än easement at no cost to the District from H. S. TONG, et ux, Wal nut Creek area (Job '1027 ext. ~,Parcel 1) was 'adopted, and record1ngaUth~r1z~d. '.' Motion unanimously ,äpproved on thefollo~i~g vote: AYES: Members: McNulty, Carl son, Boneysteele,' Dalton, Ciausen NOES: Members: None ABSENT: Members: None 10. Resolution No. 87-096 accepting an easement at no cost to the District from LA CASA VIA ASSOCIATES, Walnut Creek area (Job 436S - Parcell) was adopted and recording authorized. Motion unanimously approved on the following vote: 11. AYES: NOES: ABSENT: Members: McNulty, Carlson, Boneysteele, Dalton, Clausen Members: None Members: None Resol ution No. 87-097 accepting an easement at no cost to the District from M. F. LeCLERC, et ux, Lafayette area (Job 4344 - Parcel 1) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: McNulty, Carlson, Boneysteele, Dalton, Clausen NOES: Members: None ABSENT: Members: None 06',.18' ,87. 92 12. Resolution. No., 87-098 claiming an exemption. for t~e proposed bond issue for l.I.D. 56 from an audit by the State Treasurer's Office was adopted. Motion unanimously approved on the following vote: AYES: Members: McNulty, Carlson, Boneysteele, Dalton, Clausen NOES: ABSENT: Members: None Members: None 13. The Board was advised of the cl,ose out of the Tr~a~ment Plant Drainage Rehabilitation (Phase I) Project (District Project' 3622) and the return of $2,177 to the Sewer Construction Fund. This item was presented for information. No action was taken. 14. The Board was advised of the close out of 30 underexpended capital projects and the return of $454,728 to the Sewer Construction Fund. Close out of three overexpended projects and $4,561 in Sewer Construction Funds were authorized. Motion unanimously approved on the following vote: AYES: Members: McNulty, Carlson, Bo~eysteele, Dalton',Clausen NOES: Members: None ABSENT: Members: None CALL FOR REQUESTS TO CONSIDER ITEMS.. OUT OF ORDER Item X., Solid Waste, was taken out of order to accommodate interested persons in the audience. x. SOLID WASTE 1. Mr. Do; an, General Manager-Chief Engineer, introduced Mr. Robert Hilton and Mr. Ernest Mortensen, of Price Waterhouse, Certified Public Accountants, who were, retained to review the 1 andfill tipping fee increase which is the primary reason for the significant revenue increases requested by the refuse collectors. . '.. "'" ,. , Mr. Robert Hilton reviewed the Price Waterhouse report rela:ting to the closure pl an for Acme Landfill, copies of which had been provided previously to the Board of Directors. Mr. Hilton summarized the recommendations contained in the report as follows: 1) specific reimbursement policies for what costs will be paid and what will not be paid by the jurisdictions' ratepayors should be established; 2) a reporting process in line with those policies should be developed and monitored; 3) independent auditors should be engaged to review rates on an annual basis; and 4) interim accounting practices should be established now and final procedures determined once the final assurance requirements for closure and post-closure have been finalized. Board discussion followed. In the discussion ,concernil'!g th~ specific reimbursement policies, Price Waterhouse presented a series of policy issues dealing with the allowability of various categories of costs to be passed through to the ratepayors. These cost categories included transfer station expenses, closure cost for previously disposed of waste, . incremental cost of closure due to hazardous waste diposal" the allowability of profit on closure costs, the residual value of the closed landfill, and the return of unexpended closure funds. 06':" ~:~:,18:' 87:: 93 Mr. Walter N. Funasaki, Finance Officer, reviewed the rate increase applications of Valley Disposal Sårvice, Inc~, Orinda-Moraga Disposal Service, Inc., and Pleasant Hill Bay Shore Disposal and provided a brief overview of the staff analysis for each. ' ' ".. " ' In response to a question from Member Carlson, staff will review the allocation of Valley Disposal operational expenses between those areas that are franchised by the District and the cities of Wal nut Creek and San Ramon. . Mr. Paul Morsen reported on the June 17, 1987 Moraga Town Council meeting which he and Mr. Funasaki attended. Mr. Morsen advised that the Moraga Town Council will forward a letter to the Board containing their recommendations. . There being no further comments or questions relative to the matter at hand, President Clausen thanked Messrs. Hilton and Mortensen for their report. The Board recessed at the hour of 9:2S p.m., reconvening at the hour of 9:31 p.m., with all parties present as designated heretofore. President Clausen r~turned to the order of the agenda. VII. ENGINEERING 1. ENTER INTO AN AGREEMENT AND MEMORANDUM OF, UNDERSTANDING TO ASSUME THE CITY OF CONCORD'S lNDUSTRIAL ,PRETREATMENT PROGRAM Mr. Dolan, General Manager-Chief Engineer, introduced Mr. JamesM. Kelly, Planning Division Manager, who presented an overview of the Memorandum of Understanding and the proposed contract amendment. Mr. Bart Brandenburg, Associate Engineer, reviewed the details of the document and the major provisions of the contract amendment as highlighted in the position paper. Mr. Brandenburg stated that if the Memorandum of Understanding and contract amendment are approved by the Board, they will be considered by the Concord City Council on June 23, 1987. Following discussion, it was moved by Member Carlson and seconded by Member Dalton, that execution of the fourth Amendment and Memorandum of Understanding between the District and the City of Concord providing for assumption of Concord's industrial pretreatment program be authorized. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton,' Boneyst~el e~ McNulty, Claùsen .. NOES: Members: None ABSENT: Members: None 2. AUTHORIZE $60,000 FROM THE SEWER CONSTRUCTION FUND FOR THE PREPARATION OF A FACILITY PLAN FOR THE HALL DRIVE SEWER IMPROVEMENTS ~' " It was moved by Membe'r Dalton ànd seconded' by 'Member McNulty~ that $60,000 be authorized from the Sewër Construction' Fùï,d" for the preparation of a Facility Pl anCPhase 1) for the Hall Drive Sewer Improvements Project, District Project 4331. There being no objection, the motion was unanimously approved. VIII. APPROVAL OF EXPENDITURES 1. EXPENDITURE LIST DATED JUNE 18,1987 Member McNulty, member of the Budget and Finance Committee, stated that she and Member Dalton have"'reviewed the expenditures and found them to be satisfactory. It was moved by Member McNulty and seconded by Member Dalton, that the Expenditure List dated June 18, 1987, including Self-Insurance Warrant Nos. 100120-100122, Running Expense Warrant Nos. 328S9-33120, and Sewer Construction Warrant Nos. 4S67-4S9S, be approved as presented. There being no objection, the motion was unanimously approved. 0 .6 18 87 J 94 IX. BUDGET AND FINANCE 1. RECEIVE MAY.l,987 fINANCIAL STATEMENTS Mr. Walter N. Funasaki, Finance Officer, summarized the results of operations and maintenance for the month of May, 1987, noting that expenditures were $108,000 1 ess than budget representing a 7.1 percent favorabl e variance. Year-to-date expenditures were $920,000 1 ess than budget representing a S.2 percent favorable variance. The District's temporary investments were held in a Federal Home Loan Bank note, collateralized certificates of deposit, bankers' acceptances, and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 7.2S percent to 5.8 percent. The latest interest rate at May 30, 1987 was 7.0 percent. The average yield for the LAIF account through May 1987 was 7.29 percent. Pres ident Cl ausen decl a red that the May 1987 fi nanci al statements were duly received. 2. ADOPT THE 1987-1988 PERSONNEL, EQUIPMENT, CAPITAL. IMPROVEMENT, ÕPERATIONS AND MAINTENANCE, AND, SELF-INSURANCE FUND BUDGETS AS COMPRISING THE 1987-1988DISTRICT.BlJDGET Mr. Dolan, General Manage~Chief Engineer, stated that each of these items has been reviewed and approved by the Board of Directors. They are now submitted for final adoption by the Board. It was moved by Member Dalton and seconded by Member Carlson, that the 1987-1988 Personnel, Equipment, Capital Improvement, Operations and Maintenance, and Self-Insurance Fund Budgets be adopted as comprising the 1987-1988 Central Contra Costa Sanitary District Budget (Resolution No. 87-099). Motion unanimously approved on the following roll call vote: AYES: Members: Dalton, Carlson, Boneysteele, McNulty, Clausen NOES: Members: None ABSENT: Members: None 1. X. SOLID WASTE RECEIVE STAFF ANALYSES OF REFUSE . COLLECTION RATE INCREASE APPLICATIONS BY VALLEY DISPOSAL SERVICE" INC., ORItÐA-MO .GA ISPOSAL SERVIC, INC., At{) PLEASANT .HILL BAY SHORE DISPOSAL. AND PRICE WATERHOUSE'S REPORT ON THE REVIEW OF TH LAND ILL TIPP N ,FEE I NC,REA SE This item was taken out of order earlier in the agenda. 1. XI . CORRESPOND~. ~R FROMClTY OF C~AYTON REGAR>I~DRAFT EIR ON THE. CI1l..QE. CLAYTON REDEVELOPMENT PROJECT AREA PLAN Receipt of the letter from the City of Clayton regarding the draft EIR on the City of Clayton Redevelopment Project Area Plan was noted. Staff will respond as appropriate. XII. EMERGENCY SITUATIONS REQUIRING BOAR[) ACTION None. XIII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dol an, General Manager-Chief Engineer, reported that the County has suggested that the franchise jurisdictions provide for heightened levels of recycling activity within their franchise areas. Mr. Dolan suggested that the collectors be requested to provide information as to the amount of recycling going on now and that staff begin discussions that could lead to a decision by the Board on the development of a recycling plan by the collectors. The Board concurred. 06 18 ts7 95 b. Mr. Paul Morsen, Deputy General Manager, reported that negoti~tions are continuing with regard to the potential sale of Valley Disposal Service, Inc. c. Mr. Dolan reported that he met with Mr. Ed Seegmiller, of Contra Costa Water District (CCWD), to discuss water reclamation. CCWD would like to have reclaimed water available by early next summer. To meet that schedule, work on the filter plant will be required. Staff will be meeting with CCWD with regard to a policy relating to industry before any action is taken on the filter plant. ,d. The District is currently advertising for two projects. The first is the Bates Avenue Concord Industrial Pumping Station variable speed drives and an increase in pumping capacity. The engineer's estimate is $150,000. The second is the Karp landslide repair on Upper Happy Valley Road. The engineer's estimate is $150,000. e. Mr. Dolan announced that the District received a commendation and letter of thanks from the East Bay Regional Park District and the Right-of-Way Trail Advocates for assistance in clean up activities on the , Iron Horse Trail. The Board extended special thanks to Messrs. Bob Hodges and Al Hornsby, of CSO, for their help. f. PG&E has advised the District that the cost of service for the North Concord Flow Meter Project will be $10,000 more than their original quote. This will result in an overrun on that project. A position paper will be presented to the Board at a future meeting. . g. Repres~ntatives from the City, of Indi anapol is visited the District recently reviewing the CSO computerized work scheduling system and management and productivity techniques. 2. COUNSEL FOR THE,DISTRICT Mr. James L. Hazard, Counsel for the District, announced that the Court has granted an order of immediate possession for Parcel 32 public sewer easements required for the San Ramon Valley Interceptor, Project 4224. The order is effective June 25,1987 or three days after the first defendant is served, whichever is later. ' , 3. SECRETARY OF THE DISTRICT None. 4. BOARD MEMBERS a. Member Dalton reported on the June 17, 1987 Solid Waste Commission meeting. b. Following a brief discussion of the backwater overflow protection system,' Member Dalton was appointed to work with staff on this matte r . XIV. ,ANNOUNCEMENTS a. President Clausen announced that the Secretary of the District has been requested to send 1 etters to Mr. Joe Garbarino, of the Marin Resource Recovery Center, and Mr. Tom Wakeman, Technical Director of the Bay Model, thanking them for the June 16, 1987 tours. b. It was moved by Member Carlson and seconded by Member Dalton, that the minutes of June 4, 1987 be amended to reflect adjournment to 8:00 a.m. on June 16, 1987 for the tours of the Marin Resource Recovery Center and the Bay Model. There being no objection, the motion was unanimously approved. xv. CLOSED SESSION Pursuant to Government Code Section S49s6.9(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 06 l:t o,.--:~ 8,' ~ ~. .," 96 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 10:26 p.m., President Clausen declared the closed session to discuss litigation pursuant to Government Code Section 549S6.9(c). At 10:40 p.m., President Clausen concluded the closed session and reconvened the meeting into open session. XVI. . ACTIONS,RESUL TING FROM, DISCUSSIONS IN CLOSED SESSION None. XVII.. "ADJ OURNMENT It was moved by Member Carlson and seconded by Member McNulty, that the meeting be adjourned to 9:00 a.m. on Tuesday, June 23" 1987 for a tour of the Davis Street transfer station and at the conclusion of that meeting, that the Board will adjourn to June 25,1987 at 7:30 p.m. There being no objection, the motion was unanimously approved. There being no further business to come before the Board, President Clausen adjourned the meeting at the hour of 10:42 p.m., to reco~vene at 9:00 a.m. on Tuesday, June 23,1987. COUNTERSIGNED: 06 18, 8.,7