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HomeMy WebLinkAboutBOARD MINUTES 10-18-84 105 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAl CONTRA COSTA SANITARY DISTRICT HELD ON OCTOBER 18,1984 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 7:30 p.m. on October 18, 1984. Presi dent Dalton call ed the meeti ng to order and requested the Secretary call roll. I . ROLL CALL Present: Members: Carlson, Boneysteele, Stanley, Clausen, Dalton ABSENT: Members: None II. APPROVAL OF MINUTES APPROVE MINUTES OF OCTOBER 4, 1984 1. It was moved by Member Carlson and seconded by Member Clausen, that the minutes of October 4,1984, be approved with the following amendments: Under IIXI!. REPORTS, 1. GENERAL MANAGER-CHIEF ENGINEER, a.1I the words IISolid Waste Management Committeell were substituted for IICommittee of Cou~selll; and Under IIXI!. REPORTS, 4. BOARD MEMBERS, b.1I the last sentence was amended to read: IIMember Boneystee1e expressed concern that the process did not allow sufficient time for considered responses.1I There being no objection, the motion was unanimously approved. III. EXPENDITURES 1. EXPENDITURE LIST DATED OCTOBER 18, 1984 Member Boneysteele, member of the Budget and Finance Committee, stated he and Member Stanley have reviewed the Expenditures and found them to be satisfactory. It was moved by Member Boneystee 1 e and seconded by Member Stan 1 ey, that the Expenditure List dated October 18, 1984, including Running Expense Warrant Nos. 16413-16533 and Sewer Construction Warrant Nos. 2296-2322, be approved as presented. There being no objection, the motion was unanimously approved. IV. BIDS AND AWARDS 1. AWARD CONTRACT FOR DISTRICT PROJECT NO. 4004 - MORAGA TRUNK SEWER REPLACEMENT AND DRAINAGE IMPROVEMENT, AND AUTHORIZE $46,000 FROM THE SEWER CONSTRUCTION FUND Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Boneysteele and seconded by Member Stanley, that the contract for District Project No. 4004, Moraga Trunk Sewer Replace- ment and Drainage Improvement, be awarded to the lowest responsible bidder, Peter Cole Jensen, Inc. and that $46,000 in Sewer Construction Funds be authorized for construction, contingencies, and contract manage- ment. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Boneysteele, Stanley, Clausen, Dalton NOES: Members: None ABSENT: Member s: None 10 18.84 1 ..:. II! f.,I' 1:" ~ ( ,þ " ~: c' ¡ 106 2. AUTHORIZATION TO AWARD PURCHASE ORDER FOR TWO PICK-UP TRUCKS Mr. Dolan, General Manager-Chief Engineer, recommended that award of purchase order be made to Sun Valley Ford, the lowest responsive, responsible bidder. It was moved by Member Carlson and seconded by Member Clausen, that award of purchase order be authorized to Sun Valley Ford for two small pick-up trucks for a total of $14,850.70. Motion unanimously approved on the following roll call vote: AYES: NOES: Members: Carlson, Boneysteele, Stanley, Clausen Dalton Members: None ABSENT: Members: None V. CONSENT CALENDAR It was moved by Member Clausen and seconded by Member Carlson, that the Consent Calendar, consisting of nine items, be approved as recommen- ded, resolutions adopted as appropriate, and recordings duly authorized. 1. Resolution No. 84-112 accepting an easement at no cost to the District from TERRA CALIFORNIA, Walnut Creek area (Job 3482, Parcel 4). 2. Reso 1 ut i on No. 84-113 accept i ng an easement at no cos t to the District from TERRA CALIFORNIA, Walnut Creek area (Job 3482, P arce 1 4-A). Resolution No. 84-114 accepting an easement at no cost to the District from GAVIN W. TEFS, et ux, Trustees, Alamo area (Job 3248, Parcel 3). 3. 4. Resolution No. 84-115 accepting an easement at no cost to the District from RAY LEHMUKUHL COMPANY, et al, Lafayette area (Job 3956, Parcell). 5. Resolution No. 84-116 accepting an easement at no cost to the District from STANLEY PEDDER, et ux, Lafayette area (Job 3956, Parcel 2). Resolution No. 84-117 accepting an easement at no cost to the Di stri ct from DONALD P. REYNOLDS, et ux, Lafayette area (Job 3956, P arce 1 3). 6. 7. Execute "Consent to Execution of Deed for Public Roads" to Contra Costa County, Job 1583, Parcel 12 - Walnut Creek area (Resolution No. 84-118). Authorization for P. A. 84-23 (Danville) and 84-24 (Alamo) to be included in a future formal annexation to the District. 8. 9. Letter from Management Support/Confidential Group notifying District of change in officers was received and ordered filed. There being no objection, the motion was unanimously approved. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item VIII. SOLID WASTE was taken out of order to accommodate interes- ted persons in the audience. 1. VIII. SOLID WASTE RECEIVE REPORT REGARDING REFUSE COLLECTION FRANCHISE AGREEMENT RENEWALS Mr. Dolan, General Manager-Chief Engineer, stated that the issue before the Board is whether or not a letter should be sent to franchisees notifying them that the current franchise agreements are not to be renewed , .. -~.' .>~ ' - '. ~ 10 18 84 107 for a ten-year option period beginning December 1, 1986. Written notification is required prior to November 30, 1984. After review of alternatives, an internal task force determined that at the present time, the solid waste disposal options are so limited it would not be practical to consider alternatives other than franchising. If the Board should elect to consider other alternatives than franchising, the task force recommends use of a process of public involvement for this purpose. For those reasons, it is reconmended that the peri od of the franchi se be limited to provide time while questions of solid waste disposal can be answered. Mr. Dolan reported that since the October 4 Board Meeting, a further fact has come to light. The franchisee for the Pleasant Hill Bayshore franchise has not requested a rate increase in over ten years. In considering the reason for this, staff has been told that Pleasant Hill Bayshore did not choose to open their books to the kind of scrutiny required by this Board. The District investigated the service provided to our own treatment pl ant and concl uded that that account has received a number of rate' i ncreases over the years; these rate i ncreases woul d normally be subject to this Board's approval. However, no complaints from customers have been received. Member Clausen stated there is at least one request from the City of Lafayette for this matter to be continued and should be considered before getting into the merits of this matter. President Dalton requested comments from those present in the audience. Ms. Avon Wilson, Vice Mayor of the City of Lafayette, stated that the Lafayette City Council will consider this matter at their meeting of October 22, 1984. Mr. Dolan advised that the step that is being considered is sending the letter to begin negotiations. There would be sufficient time to obtain input from the City of Lafayette prior to any further decision by this Board. Ms. Margaret de Priester, Council Member of the Town of Moraga, stated the Town Council would like to be part of the negotiation process. They are interested in some of the specific subjects of the negotiations and would urge that the negotiation process be a short one. Mr. Jim Robinson, City Manager of the City of San Ramon, expressed appreciation at being advised of this issue. The City Council would like the opportunity to make appropriate input to this Board, but to-date has taken no position on this matter and would like to keep options open. Mr. Robinson concurred with the shorter franchise renewal period and requested that he be kept apprised. Mr. -Sanford Skaggs, representing Orinda-Moraga Disposal Service, Pleasant Hill Bayshore Disposal Service, and Valley Disposal Service, stated that his clients have served the area for a substantial period of time. Essentially all who have been connected with these collectors agree that their service has been acceptable. Mr. Skaggs reported that he is very upset with shortening the term of the franchise. The longer term is needed for financing capital investments. Mr. Skaggs requested that the Board delay sending the letter and requested that the Board instruct staff to immediately begin negotiations. Mr. Skaggs stated his clients are more than willing to address concerns of the District identified in the staff position paper and expressed hope that negotiations could be completed in far less than a year. President Dalton inquired if the only item likely to be in contention is the term of the franchise. Mr. Skaggs stated that after discussion with District staff he believes that is true. His clients are willing to work with the District regarding direction of garbage to disposal sites in the future. However, his clients would like to separate disposal from collection. Mr. Skaggs stated that he could see no problem with other issues. 19 , ;¡Ii ~ ,,\ ~~ 84 ; ~ ~,' 108 Member Stanley suggested that negotiations be delayed until the results of the Solid Waste Management Study are available. Mr. Dolan stated that the task force felt it would be prudent to begin negotiations ilTmediately. Member Cl ausen stated that both the franchi sees I concern for some defi n i te franch i se peri od and staff concerns detailed in the pos it i on paper would be addressed in a franchise agreement with reopeners. Member Clausen stated that the notification letter must be sent to preserve options for the District. The concerns of the cities should be addressed during franchise negotiations. The service provided by the franchisees is not at issue. Member Boneysteele concurred with statements of other Board Members that the service of the franchisees has been satisfactory but that the notification letter must be sent. However, there is no urgency for negotiations to be completed by November 30 since the period in question is from five to 12 years because the contracts have two years remaining. Member Boneysteele stated that the notification letters should be sent and negotiations with, operators begun with all deliberate speed while accepting input from all governmental agencies interested. Considering all the other burdens on District staff at this time, it does not appear that this matter can be resolved until the middle of the year. Member Carlson stated that he concurs with Mr. Skaggs' approach. The theory of separation of collection from disposal is proper. Poor or improper service is not an issue. Staff should pursue negotiations immediately. If it is not possible to complete negotiations by the November 30 deadline, the written notification must be sent to protect the interests of the District and the public. This is a priority item. Mr. Skaggs stated that with regard to Pleasant Hill Bayshore rates, both the franchisee and Mr. Skaggs were under the impression that the District has never regulated the commercial rates of Pleasant Hill Bayshore. During discussions this week, Mr. Funasaki cited an early 1973 ordinance containing a rate for bulk yardage and bins. The assumption was that absent regulation by the District, the Board was not regulating commercial rates. Residential rates are still at $2.65 a month and have not been increased. It was moved by Member Stanley that the Board direct staff to immediately send the required letter to the franchisees informing them that the District may not renew the franchise agreements as written and direct staff to meet with the cities to obtain input prior to beginning negotiations. Motion died for lack of a second. Member Boneysteele suggested that the draft letter be sent as proposed since it contains an agenda for beginning negotiations. Following further discussion, it was moved by Member Stanley and seconded by Member Boneysteele, that the staff report be received, the draft 1 etter dated October 5, 1984 (Attachment I1) be approved and distributed prior to November 30, 1984, that input from the cities be requested and considered, and that negotiations with franchisees be authorized. Motion approved on the following roll call vote: AYES: Members: Boneysteele, Stanley, Clausen, Dalton NOES: Member s: Carlson ABSENT: Members: None It was moved by Member Clausen and seconded by Member Stanley, that staff be directed to return to this Board no later than the last meeting in December 1984 with a full report of negotiations and any information this Board might require to make a decision on those negotiations. Motion unanimously approved on the following roll call vote: AYES: NOES: Member s : Carlson, Boneysteele, Stanley, Clausen, Dalton Member s : None ABSENT: Members: None "",' Ô. ','" 1~ '>"1" ,,~ " 18 84 109 The Board recessed at the hour of 8:30 p.m.t reconvening at the hour of 8:37 p.m. with all parties present as designated heretofore. President Dalton reverted to the order of the agenda. VI. BUDGET AND FINANCE RECEIVE SEPTEMBER 1984 FINANCIAL STATEMENTS 1. Mr. Walter N. Funasakit Finance Officert presented the September 1984 Financial Statementst a copy of which were received and ordered filed. Mr. Funasaki reported that 22% of the total District 0 & M Budget was expended during the first quarter of the fiscal year. To-datet operating expenses are $582tOOO below budget. Interest on temporary investments ranges from 9.25% to 12.3%. 2. ADOPT RESOLUTION ESTABLISHING 1984-1985 APPROPRIATIONS LIMIT It was moved by Member Stanley and ,seconded by Member Cl ausent that Resolution No. 84-119 establishing the Sewer Construction Fund appropria- tions limit in the amount of $8t010t818 for the 1984-1985 fiscal year be adopted. Motion unanimously approved on the following roll call vote: AYES: Members: Carlsont Boneysteelet StanleYt Clausent Dalton NOES: Member s: None ABSENT: Members; None 3. RECEIVE AUDIT REPORT FOR FISCAL YEAR ENDED JUNE30t 1984 The audited financial statements and related audit report for the fiscal year ended June 30t 1984 were presented for the Board1s review. Mr. Walter N. Funasakit Finance Officert advised that when the management letter is received from Hood and Strongt the District's independent auditorst it will be submitted to the Board. Following discussiont the audited financial statements and related audit report for the fiscal year ended June 30t 1984 were received and ordered filed. 1. VII. LEGAL/LITIGATION STANDARDIZED DISTRICT LEGAL SERVICES AGREEMENT Mr. Dolant General Manager-Chief Engineert presented the staff recommendation for adoption of a standardized contract to be used for the retention of legal services. Following discussion and minor modification to Article V: Confiden- tial Relationshipt it was moved by Member Carlson and seconded by Member Clausen that the standardized agreement for legal services obtained by the District be approved as amended. There being no objectiont the motion was unanimously approved. 2. RETENTION OF CAPPSt STAPLESt WARDt HASTINGS & DODSON It was moved by Member Clausen and seconded by Member StanleYt that staff be authorized to negotiate and approve a legal services agreement with Cappst Staplest Wardt Hastings & Dodson relative to a lawsuit instituted by William and Barbara DeJarnett involving the property located at 119 Fairfield Placet Moraga. There being no objectiont the motion was unanimously approved, 1. VIII. SOLID WASTE RECEIVE REPORT REGARDING REFUSE COLLECTION FRANCHISE AGREEMENT RENEWALS This item was taken out of order earlier in the agenda. IX. ITEMS LATE FOR THE AGENDA None .' . . ,I ,f' ':, '!\', ~ ".:,;., ", \. :," :;, 1 O'!'. \ 18 f 8 4 ' 110 1. X. REPORTS GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan, General Manager-Chief Engineer, reported on a presentation made before the Local Agency Formation Commission (LAFCo) by Mr. Joseph Covello, President of the Dublin San Ramon Services District Board of Directors. This presentation dealt with the sphere of influence (SOl) line between Central Contra Costa Sanitary District and Dublin San Ramon Services District. Mr. Dolan introduced Mr. Jay S. McCoy, Construction Division Manager, who presented a map summarizing Mr. Covello's position, existing boundary lines, and the District staff proposal based principally on gravity flow sewer lines. The Board indicated a consent to the District staff proposal. b. Mr. Dolan introduced Mr. James M. Kelly, Planning Division Manager, who reviewed the major points of interest contained in the technical memoranda presented to the Management Advisory Committee (MAC) and Technical Advisory Committee (TAC) of the Solid Waste Management Project. Mr. Kelly reported that as a result of discussion at the MAC and TAC meetings the number of sites has been narrowed down to six. Mr. Dolan advised that the West County issue could have an impact on this District's study and schedule for completion. Following meetings with the Board of Supervisors Internal Operations Committee and with representatives of West County, it appears that they are of the opinion that the Central San Solid Waste Management Study may provide answers to their problems and concerns. The Board may want to involve West County in the completion of the study in one of two ways: 1. The District could offer to have West County issues included in an addendum to the present District study. The District could integrate the West County concerns into the ongoing District study. This would require extending the deadlines of the study for an uncertain period (at least 60 days) due to the time to do the added work, and the t i me required to obtain concensus and funding to proceed. 2. Of the two options, the staff favored the first, provided the West County people were interested in joining. The Board concurred. c. Mr. Jack E. Campbell, Administrative Operations Manager, reported on background issues relative to the County's bid to acquire the Southern Pacific right-of-way for transportation purposes. At the present time, it appears that the County does not have sufficient funds for acquisition. District staff will continue to monitor this issue and keep the Board apprised of any developments. d. Mr. Robert A. Baker, Engineering Department Manager, reviewed the status of the Furnace Project. In spite of 80% of the 27 major deliveries arriving late, through the efforts of the project team, the project is proceeding efficiently and is actually under budget. Start up is scheduled for the end of October with introduction of sludge approxi- mately the middle of November. Mr. Baker reported that the Outfall Project is moving forward rapidly. Dewatering has been accomplished. The outfall is in worse conditi on than expected. If weather permits, we hope to accompli sh the fo 11 owi ng: 1) A thorough inspection 2) Pressure testing 3) Repair bad joints in IT area 4) Repair bad joints where infiltration is occurring !O ,.18,,84 :. h'" ...-,,' '. . :,- ;{. fl...,!: . i ¡r.. 111 e. Mr. Charles W. Batts, Plant Operations Department Manager, advised the Board that Mr. John Walter, Technical Maintenance Supervisor, is retiring. John was responsible for securing and redesigning much of the equipment in the new treatment plant. In addition, Mr. Walter made the gavel which the Board of Directors presently uses. The District will miss John and his expertise. f. Copies of the draft franchise agreements will be forwarded to the Board of Directors by District Counsel. Board direction and comments are requested. Following discussion, it was the consensus of the Board that Pleasant Hill Bayshore Disposal Service submit their books pertinent to the franchise area for review as part of the franchise renewal process. g. Mr. Dolan stated that due to the continuing heavy workload in the Engineering Department, it appears that an additional position may be required. This request will be presented to the Board in a position paper. 2. COUNSEL FOR THE DISTRICT None 3. SECRETARY OF THE DISTRICT a. Ms. Joyce McMillan, Secretary of the District, presented the Training/Conference Summary for the first quarter of Fiscal Year 1984- 1985. 4. BOARD MEMBERS a. Member Clausen reported that the recent Employees Service Award Luncheon was well received by all employees present. XI. MATTERS FROM THE BOARD NOT ON THE AGENDA Member Carlson requested authorization for Mr. Robert H. Hinkson, Collection Systems Operations Manager, to attend the November CASA meeting. Mr. Hinkson will present an educational program to the Directors. It was moved by Member Carlson and seconded by Member Clausen, that the Board and designated staff members be authorized to attend the CASA meeting scheduled for November 9-10,1984. There being no objection, the motion was unanimously approved. XII. CLOSED SESSION None XIII. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None XIV. ADJOURNMENT At 10:40 p.m., President Dalton adjourned the meeting. ~'I' , ( : ' . ->'." , -/---, (;1.- L-\),~ I ' .~~-' President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: / 10 18 ~ , ~ * 84 ~' " 1";' ,;,.'~. ~ ,: