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HomeMy WebLinkAboutBOARD MINUTES 02-21-85 152 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON FEBRUARY 21, 1985 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 February 21, 1985. President Boneysteele called the meeting to order and requested the Secretary call roll. I. ROLL CALL PRESENT: ABSENT: Carlson, Dalton, Stanley, Clausen, Boneysteele Members: Members: None II. EXPENDITURES Member Dalton, member of the Budget and Finance Committee, stated that he and Member Stanley have reviewed the expenditures and found them to be satisfactory. It was moved by Member Dalton and seconded by Member Stanley, that the Expenditure List dated February 21, 1985, including Running Expense Warrant Nos. 18070-18350 and Sewer Construction Warrant Nos. 2720-2777, be approved as presented. There being no objection, the motion was unanimously approved. III. CONSENT CALENDAR It was moved by Member Carlson and seconded by Member Dalton, that the Consent Cal endar, consisti ng of six items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resolution No. 85-011 accepting an easement at no cost to the D ist r i ct from AL T A DEV EL OPMENT CORPORATION, Wa 1 nut C reek a rea (Job 3931 - Parcel 3). 2. Resolution No. 85-012 accepting an easement at no cost to the District from AL TA DEVELOPMENT CORPORATION, Walnut Creek area (Job 3931 - Parcel 4). 3. Resolution No. 85-013 accepting an easement at no cost to the District from V. M. CAISSE, Danville area (Job 4002 - Parcel 2R-l) . 4. Resolution No. 84-014 accepting an easement at no cost to the District from A. R. BOLES, et ux, Danville area (Job 4002 - Parcel lR-l). 5. Establish March 21, 1985 as the date for a hearing on Annexation 90 as amended by the Local Agency Formation Commission. 6. Accept the contract work for District Project 3977, Deficient Sewer Facilities, and authorize the filing of Notice of Completion. There being no objection, the motion was unanimously approved. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Items VIII. a. MATTERS FROM THE BOARD NOT ON THE AGENDA, V. SOLID WASTE, and IX. CLOSED SESSION were considered out of order. t~2; .~1.85 153 VIII. MATTERS FROM THE BOARD NOT ON THE AGENDA a. Member Alan L. Stanley submitted his resignation from the Central Contra Costa Sanitary District Board of Directors effective April 1, 1985. President Boneysteele commended Member Stanley on his contribution to the Board and the District. President Boneysteele was joi ned by the Members of the Board and staff, who expressed thei r pleasure at working with Member Stanley during his seven years on the Board of Directors. Following discussion, it was determined that at the next Board meeting District Counsel provide a legal review of the requirements, time lines and procedures with regard to filling the vacancy created by Member Stanley's resignation. V. SOLID WASTE 1. RECEIVE DRAFT SOLID WASTE MANAGEMENT PROJECT REPORT Mr. Roger J. Dolan, General Manager-Chief Engineer, distributed copies of the Draft Sol id Waste Management Project Report, Volume I, prepared by Central Contra Costa Sanitary District in cooperation with Contra Costa County. Mr. Dolan introduced Mr. James M. Kelly, Planning Division Manager, who discussed the draft findings and conclusions of the repor~ including the draft findings and conclusions relative to Section 2.1, Landfills. With regard to Section 2.2, Transfer Station, Member Carlson questioned the timing and need for a transfer station. Mr. Kelly replied that in some cases the transfer station would be cost effective and in others it could serve as a mitigating measure to decrease the number of trucks. President Boneysteele inquired if it would be possible or appropriate to begin the permitting process for a transfer station without knowing the ultimate destination of the garbage. Mr. Kelly stated that the city of San Francisco, among others, has done that very thing. Whether or not it would be appropriate in this case is unknown at this time. Others have begun the process simply knowing they would have along haul. Member Dalton stated that it is his understanding that the major Altamont site will accept only transfer vehicles. Mr. Kelly stated that is correct, however, there is a Vasco Road site that will accept small haul ers. Mr. Dolan took this opportunity to discuss possible courses of action. This study has never been intended as a plan. Its purpose has been to serve as a problem identification and fact finding effort. At this time, staff has concluded that there is a great need to have the management of solid waste issues conducted as a county-wide effort. With the Board's permission staff would prepare a white paper providing recommendations for future solid waste management planning. Member Stanley stated that when the District began this study there was a major concern that the County was running out of landfill space. In addition, the Board was concerned with disposal of material from our plant and from the refuse collectors whom we franchise. Member Stanley stated that there is some question whether private enterprise can be depended upon to provide the necessary landfill space. It may be to the best i nterests of the Di strict and its constituents to work in concert with private enterprise in siting a landfill. Member Carlson stated that since the private sector is making progress in this area, the District should assist them where possible. A new landfill will benefit the District regardless of the location. Member Clausen stated that the Board of Supervisors has jurisdiction and should be encouraged to recognize the urgency of this issue. Member Dalton concurred, stating further completed during the last three years is this that the only concrete work report. 01 21 ,. ;¡. .0 8~ 154 Mr. Kelly resumed discussion of the findings beginning with Section 2.3, Recycling and Composting. President Boneysteele reported that at the last ABAG meeting there was discussion of a two tier rate structure based on lower rates for those who recycle. President Boneysteele inquired if staff had given consideration to a two tier rate structure of this sort. Mr. Kelly responded that rates were uniformly applied to all residences. Mr. Boneysteele asked staff to further consider this concept. and conclusions Mr. Kelly concl usions. completed the review of the report findings and Mr. Kenneth Barker inquired if there was anyone in the room who sets themsel ves up as an expert in the area of garbage, someone with real expertise and managerial know how. Mr. Barker stated that he wonders frequently if the know how is here at Central San, based on past performance with regard to sewerage. President Boneysteele stated that Mr. Barker's remarks were out of context of the present discussion. It was the consensus of the Board that the Sol id Waste Management Project Report be transmitted to the Board of Supervisors and that staff prepare a white paper containing procedural recommendations and again expressing the urgency of the landfill problem. IX. CLOSED SESSION 1. EXISTING LITIGATION With respect to existing litigation, the closed session is being held pursuant to Government Code Section 54956.9(a). The titles of the litigation to be discussed are: a. Marc Burke vs CCCSD Contra Costa County Superior Court No. 252960 b. CCCSD vs D.W. Young Construction Company Contra Costa County Superior Court Nos. 244889 and 247905 2. INITIATION OF LITIGATION With respect to initiation of 1 itigation, the closed session is being held 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 District has decided to initiate or is deciding whether to initiate litigation regarding the city of Concord. 3. LABOR RELATIONS With respect to labor relations, the closed session is being held pursuant to Government Code Section 54957.6, to meet with designated representatives prior to and during consultations and discussions with the representatives of employee organizations regarding the salaries, salary schedules or compensation paid in the form of fringe benefits of employees in order to review its position and instruct its designated representatives. At 8:52 p.m., President Boneysteele declared the closed session concerning existing litigation, initiation of litigation, and labor relations. At 10:20 p.m., President Boneysteele concluded the closed session and reconvened the meeting into open session. X. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None President Boneysteele reverted to the order of the agenda. e~ ~~ i' ,...' 85 155 IV. BUDGET AND FINANCE 1. RECEIVE JANUARY 1985 FINANCIAL STATEMENTS Mr. Dolan introduced Mr. Walter Funasaki, Finance Officer, who highlighted the January 1985 Financial Statements, a copy of which were received and ordered filed. To date operating expenses are $1.2 million underexpended, a 12.0% favorable variance. Interest rates on District temporary investments range from 8.5% to 12.3%. The Coast Federal certificate matured on February 7, 1985 and the funds have been reinvested in other certificates of deposit and bankers' acceptances. v. SOLID WASTE 1. RECEIVE DRAFT SOLID WASTE MANAGEMENT PROJECT REPORT This item was taken out of order earlier in the agenda. VI. ITEMS LATE FOR THE AGENDA None VII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan, General Manager-Chief Engineer, advised that an MBE protest has been received on the Stage 5B contract. Staff is working with Counsel to determine a course of action. b. Mr. Dolan reported that staff is once again in the process of developing Goals and Objectives for the District. Goal areas for the coming year will be: Control District Costs and Improve District Services. c. Member Carlson inquired as to the current turn-around time at the permit counter. Mr. Baker, Engineering Department Manager, reported that the number of permits is much higher this year than last due to the dry weather and increased activity. Mr. Baker stated that he bel ieved the Permit Section is providing satisfactory processing time but he will check further and report to the Board. 2. COUNSEL FOR THE DISTRICT None 3. SECRETARY OF THE DISTRICT None 4. BOARD MEMBERS a. This item was taken out of order earlier in the agenda. b. Member Carlson suggested and the Board concurred that since the Expenditures are provided to the Board with their packets prior to the meetings, to save printing costs they need not be reprinted with the agenda. c. President Boneysteele stated that Mr. Kenneth Barker, in his letter dated February 14, 1985, has requested to address the Board. Mr. Barker stated that with regard to the 1984-1985 Six Month 0 & M Budget Review presented by Walter Funasaki at a previous Board Meeting, no mention was made of the capital account. Is there any budget for capital costs? If so, how is that budget controlled? With regard to the contract with John Carollo Engineers for District Proj ect 3733, Mr. Barker stated that at the 1 ast three meeti ngs there have been contracts awarded to John Carollo Engineers. There was no mention of other firms considered for these contracts. If other firms were considered, they should have been listed in the position paper. If there were special circumstances, they should have been listed. 0 ~"'.. ~tl" 8'5 156 With regard to the District Personnel Study Part II done by the Andersen firm, Mr. Barker asked if that was in fact the Andersen report. Mr. Barker asked what input the General Manager and staff had in the report. Mr. Barker stated that there should be a statement on the report indicating any changes made by staff. As matters now stand, the Board has a report but they do not know if it was prepared by Andersen or by staff and the District Manager under the Andersen name. With regard to the retirement of Bob Hinkson and his replacement at the District, Mr. Barker indicated that his questions had been answered. Mr. Barker stated that he noticed the presence of Corbett and Kane attorneys who represent the District in negotiations with staff. Mr. Barker advised the Board to put away the litigation they have been in for years. No one will cooperate with attorneys. The District has a morale problem. If the District gets rid of its lawyers, you will save money and people will be happier. The Board should give consideration to termination of Corbett and Kane. Their use is disruptive. President Boneysteele asked the staff to report on Mr. Barker's comments. Mr. Dolan, General Manager-Chief Engineer, stated that there is no portion of the budget that is not monitored. Every dollar spent on capital requires a specific authorization by the Board. A position paper and specific authorization is presented to the Board for any expenditure of money and staff reports are provided on projects. Mr. Dolan stated that the District has a number of firms doing engineering consulting work. Mr. Dol an advised that the Andersen Study was done pursuant to a negotiated clause in the three-year employee contract and was conducted under the consideration of an in-house committee that included representatives from both the Union and the management group. Mr. Dolan stated further that he made no changes to the study. The report was presented verbatim in the Board's agenda packets. Mr. Barker stated that there shoul d be some form of control over expenses. Prudent review of monies shoul d not be done in your head. There is no control process going on. When a capital project is approved, there should be a listing. As monies are expended, they should be monitored monthly. Mr. Barker stated that public money should be expended by bidding. To hand work to John Carollo Engineers without considering any other consulting engineers is wrong. That is not prudent use of public funds. With regard to the Andersen Study, Mr. Barker asked if this was an outside consultant's work or if it was edited by the General Manager? Editorial control over these reports is not right. Member Carlson stated that he thought the General Manager of the District responded by saying there was no editing of this report. Mr. Dolan stated that he was addressing Mr. Barker's reference to capital budgeting. With regard to capital project reporting, there have been a number of changes in recent years. The Board is apprised on a monthly basis of capital projects within the District with a complete summary of budget and authorized expenditures. Mr. Dolan stated that with regard to the Carollo issue, a detailed analysis of procurement procedures is available. The District does not bid technical services just as legal services are not bid. Mr. Barker stated exerci sed. in summary that there is no control being XI. ADJOURNMENT At 11:02 p.m., President Boneysteele adjourned the meeting. ~~ 2;1 8~t .. .' 157 COUNTERSIGNED: ~2 ;21 >fi5