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HomeMy WebLinkAboutBOARD MINUTES 05-16-85 190 MINUTES OF THE REGULAR BOARD MEETING OF lHE DISTRICT BOARD OF lHE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MAY 16, 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 May 16, 1985. In the absence of President Boneysteele, President Pro Tem Carlson called the meeting to order and requested that the Secretary call roll. I. Ra..L CALL PRESENT: ABSENT: Membe rs: Carlson, Dalton, Schmidt Members: Clausen, Boneysteele Member Clausen and President Boneysteele had previously indicated they would be unable to attend this meeting and requested that they be excused. President Pro Tem Carlson stated that any member of the publ ic wishing to comment on agenda items would be recognized after Item X on the agenda. II. APPROVAL OF MINUTES 1. APPROVE MINUTES OF APRIL 18, 1985 It was moved by Member Dalton and seconded by Member Schmidt, that the mi nutes of April 18, 1985 be approved as presented. There bei ng no objection, the motion was approved with Members Clausen and Boneysteele being absent. III. EXPENDITURES 1. EXPENDITURE LIST DATED MAY 16,1985 Member Dalton, member of the Budget and Finance Committee, stated he and Member Schmidt have reviewed the expenditures and found them to be satisfactory. It was moved by Member Dalton and seconded by Member Schmidt, that the Expenditure List dated May 16, 1985, including Running Expense Warrant Nos. 19456-19694, Payroll Warrant Nos. 3689-3919, and Sewer Construction Warrant Nos. 2949-2990, be approved as presented. There being no objection, the motion was approved with Members Clausen and Boneysteele being absent. IV. BIDS AND AWARDS 1. AUlHORIZATION TO AWARD PURCHASE ORDER FOR ONE 4-DOOR FORD TEMPO SEDAN. Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that one bid was received because we are approaching the end of the normal vehicle year. However, upon review of the bid, it has been determined to be responsive, fair and reasonable in comparison to market price and previous prices paid by the District for similar vehicles. It was moved by Member Dal ton and seconded by Member Schmidt, that the award of purchase order be authorized to Sun Valley Ford for one new 1985 4-door Ford Tempo sedan for a total amount of $8,251.92. Motion approved on the following roll call vote: AYES: Members: Carl son, Dalton, Schmidt NOES: Members: None ABSENT: Members: Cl ausen, Boneysteele . , " 0 5 ' í¡ 6 :.> 8 5 .. > ~ 2. NJlHORIZATION TO ~ARD PURŒlASE ORDER FOR ONE 1985 CARGO VAN This item was removed from the agenda. v. CONSENT CALENDAR It was moved by Member Dalton and seconded by Member Schmidt, that the Consent Cal endar, consi sti ng of two items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Authorization was given for inclusion of P.A. 85-8 (Walnut Creek) and P.A. 85-9 (Lafayette) in a future formal annexation to the District. 2. An agreement relating to real property with JON D. L~RY, Job 731, Walnut Creek area was approved (Resolution No. 85-043). Motion approved on the following roll call vote: AYES: Members: Carl son, Dalton, Schmidt NOES: Members: None ABSENT: Members: Cl ausen, Boneysteele CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER President Pro Tem Carlson departed from the order of the agenda to accommodate interested parties in the audience. XI. CLOSED SESSION 1. USOR 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 organi zati ons regardi ng the sal aries, sal ary schedul es or compensati on pai din the form of fringe benefits of employees in order to review its position and instruct its designated representatives. At 7:38 p.m., President Pro Tem Carlson declared the closed session concerning labor relations. At 7:49 p.m., President Pro Tem Carlson concluded the closed session and reconvened the meeting into open session. President Pro tem Carl son then reverted to the order of the agenda. VI. ENGINEERING 1. NJTHORIZE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE CONTRACT AMENDMENT NO.1 WITH H. J. DEGENKOLB ASSOCIATES FOR FINAL DESIGN OF SEISMIC MODIFICATION PROJ ECT. AUlHORIZE $26,410 FROM SEWER CONSTRUCTION FUNDS Mr. Dol an, General Manager-Chief Engineer, advised that a very complete position paper is contained in the Board book which explains the scope of work entailed in the final design of the Seismic Modification Project. Also attached is a separate cost breakdown. It was moved by Member Dalton and seconded by Member Schmidt, that the General Manager-Chief Engineer be authorized to execute Contract Amendment No.1 with H. J. Degenkolb Associates and that $26,410 in Sewer Construction Funds be authorized for final design of the structural modifications to the Plant Operations Building and multiple hearth furnace equipment. Member Schmidt requested an explanation of the $163,000 preliminary construction cost estimate. 05 .},6 85 191 < . 192 Mr. Dolan advised that this figure is a predesign level preliminary construction cost estimate. The design costs are $29,710. All of this work is within existing buildings and includes demolition estimates which are extremely difficult to estimate. President Pro Tem Carl son requested that staff prey ide a report of the $1.4 million Seismic Modification Project at a future Board Meeting. President Pro Tem Carlson called for a roll call vote on the above motion. The motion was approved as follows: AYES: Members: Carl son, Dalton, Schmidt NOES: Members: None ABSENT: Members: Cl ausen, Boneysteele VII. BUDGET AND FINANCE 1. RECEIVE APRIL 1985 FINANCIAL STATEMENTS Mr. Walter N. Funasaki, Finance Officer, reported that the revenues and expenditures for the Runni ng Expense Fund, Capital Proj ects Report, and the Temporary Investment Report are included in the monthly financial statements. For the month of April, the Running Expense Fund balance was $99,000 favorable. For the ten months ended April 30, 1985, the balance was $1.45 mill ion favorable. The investment policy adopted by the Board of Directors on April 18, 1985, has been provided to the Contra Costa County Treasurer and will serve as a guideline for administering the District investments. Interest on temporary investments ranges from 12.0~ to 8.4~. Mr. Funasaki advised that the Sewer Construction Report includes a status report showing the variance between budget authorization and actual expenditures for each capital project authorized by the Board of Directors. Deputy Chief Engineer Robert A. Baker highlighted various capital proj ects. President Pro Tem Carlson stated that the financial reports are very definitive and provide an excellent management tool. Hearing no objection, President Pro Tem Carlson declared that the April 1985 Financial Statements were received. 1. 05 \16 VIII. ITEMS LATE FOR lHE AGENDA None IX. REPORTS GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan reported that the approval to award was received from the State Water Resources Control Board and the constructi on contract for the 5B Project was executed on May 13,1985. b. The following contracts are currently in the bidding process: Chlorine, Sulfur Dioxide, Janitorial, and the Furnace Control Room. c. A summary of the resul ts of the Price Waterhouse review of the Pleasant Hill Bayshore Disposal collection rates and results of operati on was presented. A more comprehensive summary and followup will be provided in June. d. At a previous Board meeting staff was requested to review the information contained in the "Notice of Completion" document and to consider whether additional financial and other project related information should be included. It was suggested that the practices of other agencies be considered. Six other agencies were contacted and none provide more detail than this District. After examining the practices of other agencies and ;85 . '. 2. 3. 4. 193 e. reviewing the information which flows to the Central Contra Costa Sanitary Di strict Board on projects, staff recommended that it is inappropriate to encumber the routine "Contract Acceptance and Fil e Noti ce of Compl eti on" document with any more detail than currently provided. The possibil ity of joining with other franchising agencies to have the fi rm of Price Waterhouse rev iew the books of Acme Fill relative to the tipping fee increase requested by franchisees was discussed. It was the consensus of the Board that the firm of Price Waterhouse be hired to develop an understanding with the other franchising agencies relative to sharing of the costs of the study, that before work on the major elements of the study begins a cost estimate will be presented to the Board, and that the Board will be asked to concur in the final authorization. f. Mr. Dolan advised that a white paper is being prepared to assist in focusing policy decisions with regard to the Livermore-Amador Valley Wastewater Management Agency (LAVWMA) issues. g. A status report of the garbage franchise agreement negotiations was presented. Staff will provide a more detail ed report at a future Board meeting. COUNSEL FOR lHE DISTRICT None SECRETARY OF lHE DISTRICT a. Since the first Board meeting in July falls on a holiday, Board concurrence to reschedule the meeting for July 11, 1985 was requested and received. BOARD ME~ERS a. Member Dalton reported on the May 15, Management Commission meeting. Solid Waste 1985 , x. MATTERS FROM THE BOARD NOT ON lHE AGENDA Presi dent Pro Tern Carl son stated that the Board woul d now hear public comments on agenda items. Mr. Kenneth Barker protested the change in the manner in which the meeting was conducted. Mr. Barker stated that the minutes of the meeting are incorrect and inaccurate. Mr. Barker questioned if any Member of the Board has connections or business dealings that should be disclosed with the legal firm of Crosby, Heafey, Roach & May. Mr. Barker stated his opinion that illegal and improper business is conducted by the Board of Directors at CASA meetings. Mr. Barker protested the manner in which the interviews for the position of Counsel for the District are to be conducted. Mr. Barker stated that District legal fees are out of control and no one is monitoring them. Mr. Barker protested the expenditure to the legal firm of Carniato and Allen for the reason that a conflict of interest exists. Mr. Barker protested the expenditure to the legal firm of Shartsis, Friese & Ginsburg, advising that although he did not know the subj ect of the liti gati on, he fel t the matter coul d be settl ed for the cost or doubl e the cost of the 1 egal fees. Mr. Barker stated that the General Manager's remarks concerning the "Notice of Completion" were misstated, possibly intentionally. A construction project does not have to end with a notice of completion. The project should be reviewed to ascertain if the District got what was paid for. There is no planning or budget on District projects. 1. XI. CLOSED SESSION LITIGATION With respect to existing litigation, the clpsed session is being held pursuant to Government Code Section 54956.9"a;)..~.->iThe :ti;tH~s of the litigation to be discussed are: " "', " 05 16 85 194 a. CCCSD v Contra Costa Water District (Alum Sludge) Contra Costa County Superior Court No. 253195 b. Peterson-Simpson v CCCSD Contra Costa County Superior Court No. 190885 At 9:03 p.m., President Pro Tem Carlson declared the closed session to discuss litigation. At 9:22 p.m., President Pro Tam Carlson concluded the closed session and reconvened the meeting into open session. XII. ACTIONS RESULTING FROM DISCUSSIONS IN ClOSED SESSION None XIII. . ADJ OURNMENT At 9:23 p.m., President Pro Tem Carlson adjourned the meeting to reconvene in Adjourned Regular Session on Thursday, May 30,1985, at 7:30 p.m. President of the Board of rectors, Central Contra Costa Sani ry District, County of Contra Costa, State of California COUNTERSIGNED: 05 16 85 ,~ ~¡ ~ t, J ':': i ,I