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HomeMy WebLinkAboutBOARD MINUTES 04-18-85 177 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON APRIL 18, 1985 The Board of Directors 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 April 18, 1985. President Boneysteele called the meeting to order and requested that the Secretary call roll. I. ROLL CALL PRESENT: Members: Carlson, Dalton, Clausen, Boneysteele ABSENT: Members: None 1. DISCUSSION AND POSSIBLE APPOINTMENT TO lHE VACANT POSITION ON THE BOARD OF DIRECTORS Member Carl son recommended that due to the strong showing he made during the interviews to fill the Board vacancy in February 1984 and because of his demonstrated and continued interest in the District, that Mr. Smitty L. Schmidt be appointed to the Board of Directors. It was moved by Member Carlson and seconded by Member Dalton, that Mr. Smitty L. Schmi dt be appoi nted to fill the vacancy created by the resignation of Member Alan L.Stanley and that a resolution be adopted to that effect (Resolution No. 85-037). Motion unanimously approved on the following roll call vote: AYES: Members: Carl son, Dalton, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None President Boneysteele requested that the Secretary of the District administer the Oath of Office to Mr. Smitty L. Schmidt. At the conclusion of the ceremony, President Boneysteele extended a welcome to Mr. Schmidt on behalf of the Board. II. APPROVAL OF MINUTES APPROVE MINUTES OF REGULAR MEETING OF MARCH 7, 1985 1. APPROVE MINUTES OF ADJOURNED REGULAR PEETING OF MARŒI 21, 1985 2. APPROVE MINUTES OF REGULAR MEETING OF MARCH 21, 1985 3. It was moved by Member Carlson and seconded by Member Clausen, that the minutes of the regular meeting of March 7, 1985, the Adjourned Regular Meeting of March 21, 1985, and the Regular Meeting of March 21, 1985, be approved as presented. Motion unanimously approved on the following roll call vote: AYES: Membe rs: Carl son, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None Mr. Kenneth Barker requested that it be noted for the record that he protested the adoption of the minutes. , . i " f .;: t . J.ø~ .p- í "-" ';Ô-4 18 85 178 III. EXPENDITURES 1. EXPENDITURE LIST DATED APRIL 18, 1985 President Boneysteele appointed Member Schmidt to serve on the Budget and Finance Committee. Member Dalton, member of the Budget and Finance Committee, stated he and President Boneysteele have reviewed the expenditures and found them to be satisfactory. It was moved by Member Dal ton and seconded by Member Boneysteel e, that the Expenditure List dated April 18, 1985, including Running Expense Warrant Nos. 18965-19201 and Sewer Construction Warrant Nos. 2868-2915, be approved as presented. Member Carlson questioned expenditure of $25.655.83 for a generator. Mr. Charl es Batts, Pl ant Operati ons Department Manager, responded that this is an emergency generator to be used in pumping stations where no generator is permanentl y install ed. Funds for thi s expenditure were budgeted in the Equipment Budget. Mr. Kenneth Barker commented on the expenditure to the law firm of Crosby, Heafey, Roach & May and inquired if Board or staff accepted lavish entertainment or had business dealings with that firm. Pres i dent Boneysteel e call ed for a roll call vote on the above motion. The motion was unanimously approved as follows: AYES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None IV. CONSENT CALENDAR It was moved by Member Carlson and seconded by Member Clausen, that the Consent Calendar, consisting of five items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resolution No. 85-038 accepting an easement at no cost to the District from P. W. GRAVES, et ux - Walnut Creek area (Job 3573, Parcell) was adopted. 2. Approval and execution of State Utilities Agreement UTe 106.09.1 concerning relocation and adjustment of certain District facl1i1:iesatthe~~orris Canyon Road overcrossing of Freeway 680 (Resolution No. 85-039) was authorized and adopted. 3. "Amended Assessment Diagram," Local Improvement Di strict 54-3, Orinda area, was confirmed and recording of said diagram was authorized. 4. The attendance of Paul Morsen at a Grievance Admini stration Semi nar in Portl and, Oregon on June 3 and 4, 1985, for an estimated cost of $850 was authorized. 5. John Larson was authorized to attend the CWPCA Conference in Anaheim, California, on May 8-10, 1985, at a cost of $700. There being no objection, the motion was unanimously approved. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER 04 President Boneysteele departed from the order of the agenda to accommodate interested parties in the audience. 18 8 5 XI I. CLOSED SESSION , , 1. LABOR RELATIONS ""'Wit~ r~~pt~tj 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 consul tati ons and di scussi ons with " 179 the representatives of employee organizati ons regardi ng 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 7:42 p.m., President Boneysteele declared the closed session concerning labor relations. At 8:35 p.m., President Boneysteele concluded the closed session and reconvened the meeting into open session. President Boneysteele then reverted to the order of the agenda. V. ENGINEERING 1. AUTHORIZE $445,000 FROM THE SEWER CONSTRUCTION FUND FOR COLLECTION SYSTEM MASTER PLAN. AUTHORIZE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE A CONTRACT WITH CAMP, DRESSER & McKEE ENGINEERS . Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that this position paper follows the overview of the Collection System Master Plan presented at the April 4, 1985, Board Meeting. Member Clausen inquired if territory within the city of Concord will be incl uded in the comprehensive pl an. Following discussion it was determi ned that the completed Co 11 ect i on System Master Pl an woul d be transmitted to the city of Concord to allow coordination with their planning efforts. It was moved by Member Dalton and seconded by Member Clausen, that a total of $445,000 from the Sewer Construction Fund be authorized for completion of a comprehensive District-wide Collection System Master Plan and that the General Manager-Chief Engineer be authorized to execute a cost reimbursement contract with a fixed cost ceiling between Camp, Dresser and McKee Engineers and the District for a portion of the master planning work. Motion unanimously approved on the following roll call vote: AYES: Members: Carl son, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None Mr. Kenneth Barker pointed out that, in his opinion, there is no budgeting control on the Sewer Construction Fund. 2. AUTHORIZE GENERAL MANAGER-CHIEF. ENGINEER TO EXECUTE AN AGREEtENT WITH VILLALOBOS & ASSOCIATES FOR CORROSION EVALUATION OF K-lIK-3A FORCE MAINS, AND AUTHORIZE $14,500 IN SEWER CONSTRUCTION FUNDS Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Carl son and seconded by Member Dal ton, that the General Manager-Chief Engineer be authorized to execute an agreement with Villalobos & Associates for professional engineering services in conjunction with corrosion evaluation of the K-1 and K-3A force mains, and that $14,500 in Sewer Construction Funds be authorized for this work. Motion unanimously approved on the following roll call vote: AYES: Members: Carl son, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None Mr. Kenneth Barker stated once again that the District exercises little budgetary control over the Sewer Construction Fund; that District staff chooses not to follow a formal consultant procurement process; and there shoul d be some procedure that all contracts must go through a formal bid process. 04¡ ..~. 8,~ .Q5! , : fZ'¡. I\:.t' ~ ';; 180 CONSIDER APPROVAL OF PROJECT CONCEPT FOR WALNUT CREEK DOWNTOWN PARALLEL PROJ ECT <DP 1997) 3. Mr. Dolan, General Manager-Chief Engineer, advised that since the presentation to the Board on the Walnut Creek Downtown Parallel Project, a poss i b 1 e change has come to li ght. The County i s the 1 ead agency i n the Southern Pacific right-of-way matter. They have indicated they will proceed with the project in two phases. It may be in the best interest of the District to include the Walnut Creek Downtown Parallel Project in Phase II. This change would not affect the CEQA process. The actual project work would not begin until 1986. Following discussion, it was moved by Member Carlson and seconded by Member Dalton, that after review and consideration of the Negative Declaration, the project concept for the Walnut Creek Downtown Parallel Project, DP 1997, be approved. Motion unanimously approved on the following roll call vote: AYES: Members: Ca rl son, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 4. AUTHORIZE $1,112,400 IN SEWER CONSTRUCTION FUNDS FOR DISTRICT PROJECT 3816, STAGE 5B, 15~D HYDRAULIC CAPACITY EXPANSION AND SLUDGE THICKENING FACILITIES Mr. Dolan, General Manager-Chief Engineer, called the Board's attention to the Post Bid-Preconstruction Estimate of Costs and the considerations forming the basis for that estimate contained in the position paper. It was moved by Member Dalton and seconded by Member Carlson, that $1,112,400 in Sewer Construction Funds be authorized for construction activities associated with the Stage 5B construction project and that a temporary, part-time secretarial position (Range G45, $1,463 to $1,764) for the duration of the project be authorized. Motion unanimously approved on the following roll call vote: AYES: Members: Carl son, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None Mr. Kenneth Barker stated that, again, there is no budget, no one monitoring the project, and no one will come back to report to the Board on this matter. VI. BUDGET AND FINANCE 1. RECEIVE MARCH 1985 FINANCIAL STATEMENTS Mr. Walter N. Funasaki, Finance Officer, reported that the third quarter fiscal year 1985 year-to-date expenditures were $1.3 million less than budget. Expenditures for the month of March were virtually on budget. Interest rates on the Di strict's temporary investments range from 8.4% to 12%. The most current interest rates as of March 1985 were 9.5%. President Boneysteele inquired about the Capital Project Listing of the Sewer Construction Fund. Mr. Funasaki advised that this listing is provided to the Board as part of the Financial Management Information System and has been avail abl e for approximately 18 months. The Capital Project Listing identifies all capital projects for which the Board has authorized funds, the amount budgeted, the amount expended, and the variance. Hearing no objection, President Boneysteele declared that the March 1985 Financial Statements were received. 0 4l~18 ¡"¡".f) 5 ' '.11 '. 181 2. RECEIVE ANNUAL :':T!\TP'!H~T OF F!VESïf1Er~ï POLICY tlr. Dolan, General f1anager-Chief Engineer, presented a rJroposed investment policy for review and comment by the Board of Directors. Following discussion, Section V, Diversification, was modified to indicate that the 15% maximum investment in a single issuer should not apply to Treasury Bill s and Notes. Mr. Funasaki reported that a copy of the Contra Costa County's Investment Policy has been reviewed and there is no conflict between the District's policy and the County's policy. It was moved by Member Carlson and seconded by Member Dalton, that the Central Contra Costa Sanitary District Investment Policy be adopted as modified and that a copy be transmitted to the County Treasurer. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 3. RECEIVE 1985-1986 EQUIPMENT BUDGET FOR REVIEW Mr. Dolan, General Manager-Chief Engineer, presented the 1985-1986 Equipment Budget for initial review by the Board of Directors. Following discussion, it was the concensus of the Board that the 1985-1986 Equipment Budget be received and calendared for final consideration on May 2, 1985. VIr. LEGAL/LITIGATION 1. DENIAL OF SEWAGE OVERFLOW DAMAGE CLAIM FROM RUTH FONTANA Mr. Dolan, General ~1anager-Chief Engineer, stated that the property involved in this claim is in Mountain View Sanitary District, not Central Contra Costa Sanitary District. Therefore, staff would recommend that the claim be denied. It was moved by Member Carlson and seconded by Member Clausen, that the claim of Ms. Ruth Fontana against the District be denied and referred to the Risk Manager for further action as necessary. t1otion unanimously aooroved on the following roll call vote: AYES: Members: Ca rl son, Dal ton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: ~1embers: None VII 1. MATTERS FROM THE PUBLIC LETTER FROM ~1R. KENNETH BARKER DATED APRIL 8, 1985 1. A letter from Mr. Kenneth Barker dated April 8,1985, was received and filed and a presentation was made to the Board of Directors by Mr. Barker. IX. ITEMS LATE FOR THE AGENDA None x. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan, General Manager-Chief Engineer, reoorted on the aoparent permit violation of Etch-Tek and recommended that a hearing be conducted to determine if a fine should be assessed. 04 18;" 8:5 182 b. A status report of the bids for the closed ci rcuit TV system was presented. c. District surpl us property, Lot 12 of Orinda Oaks Subdivision, has been placed on the market since no response was received from public agencies during the mandatory 6o-day notice period. The parcel will now be listed for sale. d. Mr. Dolan presented a brief review of the CSO remodel project. It is anticipated that the project will be completed for approximately $20,000 under budget. e. The draft letter to the Board of Supervisors outlining recommendations concerning the Solid Waste Management Project was distributed to the Board for comments. If there are no objections, staff will di stribute this draft 1 etter to the Management Advisory Committee for comments prior to final approval by the Board of Directors on May 2. 1985. The Board voiced no objection. f. Mr. Charles Batts, Plant Operations Department Manager, reported on various special interest groups, general public and employee groups, and business groups and firms touring the plant facilities during recent months. 2. COUNSEL FOR THE DISTRICT a. Following discussion of a letter circulated in the Town of Moraga and adjoining communities, it was moved by Member Clausen and seconded by Member Dalton, that Counsel for the District be authorized to direct a letter to LV and Sons concerning refuse collection solicitation in the Town of Moraga and adjoining area. Motion unanimously approved on the following roll call vote: AYES: Members: Carl son, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 3. SECRETARY OF THE DISTRICT a. Copies of the draft Central Contra Sanitary District Code, based on all ordinance,s adopted by the District and input from the Management Group as to current District practices and procedures, were distributed for the Board's information and review. This matter will be calendared for formal Board action on June 6, 1985. 4. BOARD tEMBERS a. Member Clausen reported that the Attorney Selection Committee has met to review the 17 applications submitted for the position of Counsel for the District. Interviews by the committee are scheduled for April 23 and 24, 1985. As a result of this initial interview, four or five-candidates will be selected for interview by the full Board. Member Cl ausen recommended that the interviews by the Board be conducted in closed session. . b. Member Dalton reported on the County Solid Waste Commission meeting held on April 17,1985. The commission is requesting a consensus as to whether a publicly owned landfill may be necessary as an alternative to the landfills being developed privately. XI. MATTERS FROM THE BOARD NOT ON THE AGENDA None XII. CLOSED SESSION 1. EXISTING LITIGATION 04 With respect to existing litigation, the closed held pursuant to Government Code Section 54956.9(a). litigation to be discussed is: 18-' 85 session is being The titl e of the 183 CCCSD v Contra Costa Water District Contra Costa County Superior Court No. 253195 At 10:30 p.m., President Boneysteele declared the closed session concerning existing litigation. At 10:48 p.m., President Boneysteele concluded the closed session and reconvened the meeting into open session. a. XIII. ACTIONS RESULTING FROM DISCUSSIONS IN ClOSED SESSION None XIV. ADJ OURNMENT At 10:49 p.m., President Boneysteele adjourned the meeting. President f the Board o' irectors, Central Contra Costa S 1tary District, County 9f Contra Costa, State of California COUNTERSIGNED: /1 u¿,n-;v S e ary of the Ce tral Contra C ta Sanitary District, County of Contra Costa, State of California 04"tS,86 ~ 'f (\..., > ; .$