Loading...
HomeMy WebLinkAboutBOARD MINUTES 09-19-85 09 8 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON SEPTEMBER 19, 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, on September 19, 1985, at 7:30 p.m. President Boneysteele called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele ABSENT: Members: None II. EXPENDITURES 1. EXPENDITURE LIST DATED SEPTEMBER 19, 1985 It was moved by Member Dalton and seconded by Member Schmidt, that the Expenditure List dated September 19, 1985, including Running Expense Warrant Nos. 21537-21914 and Sewer Construction Warrant Nos. 3178-3223, be approved as presented. There being no objection, the motion was unanimously approved. III. HEARINGS 1. HOLD A PUBLIC HEARING ON THE ANNEXATION OF THE MONACO PARCEL IN LAKE ORINDA HIGHLANDS AND THE EXTENSION OF THE PUBLIC SEWER TO SERVE SAID PARCEL President Boneysteele stated the purpose of this publ ic hearing is to receive public input relative to the proposed annexation of the Monaco parcel in Lake Orinda Highlands and the extension of the public sewer to serve said parcel. Mr. Roger J. Dol an, General Manager-Chief Engi neer, di rected the Board's attention to the letter from the new city of Orinda requesting information and continuance of this matter to the next District Board meeting. Mr. Dolan stated that the requested information has been delivered to the city of Orinda. Mr. Dolan stated that is would seem that this request provides an opportunity for the Board to reconsider the present policy to conduct public hearings on annexations in the Lake Orinda Highlands area. It is staff's recommendation that after hearing the people present for the public hearing, the Board continue the public hearing to October 3, 1985, to provide the city of Orinda an opportunity to comment. Also, it was suggested that the staff could open discussions with the city of Orinda to consider modification of the present Board policy relative to public hearings for annexations in the Lake Orinda Highlands area. President Boneysteele declared the public hearing open at the hour of 7:37 p.m. and noted receipt of the following correspondence: a letter from Mr. Donald R. Monaco advising that he will be unable to attend the public hearing and requesting an opportunity to respond to any questions from the public or the Board should any arise; letters from Mr. and Mrs. C. E. Campton, Mr. Richard Strong, and Mr. Philip Gallagher in support of the proposed annexation; and the letter from the city of Orinda requesting information and continuance of this matter to the next District Board meeting. There being no appearance either in favor of or in opposition to the proposed annexation and extension of the public sewer, President Boneysteele returned this matter to the Board for consideration. Following discussion by the Board and staff, President Boneysteele stated the Board consensus that the public hearing on the annexation of ,the Mgnaco parcel in Lake Orinda Highlands and the extension of the , ~ 19 85 9 publ ic sewer to serve said parcel be continued to October 3, 1985, and that staff be di rected to open di scussi ons with the city of Ori nda relative to annexations in the Lake Orinda Highlands area working toward establishing a policy agreeable to both the city of Orinda and Central Contra Costa Sanitary District. IV. BIDS AND AWARDS AWARD OF CONTRACT FOR $9,360 FOR REPAIRING 48-INCH CHECK VALVE AND VENTURI IN THE AERATION AIR NO.2 BLOWER PIPING 1. Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Dal ton and seconded by Member Cl ausen, that the contract for providing all materials, labor, and services to remove, repair, and replace a 48-inch check valve and venturi in the blower discharge piping be awarded to Timec in the amount of $9,360. Motion unanimously approved on the following roll call vote: AYES: Members: Carl son, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 2. AUTHORIZATION TO AWARD PURCHASE ORDER FOR THREE (3) PORTABLE TRENCH SHORING BOXES TO PLANK CO. FOR $9,297.45 It was moved by Member Dalton and seconded by Member Schmidt, that award of a purchase order be authorized to the Plank Co. for three (3) portable trench shoring boxes for a total sum of $9,297.45. Motion unanimously approved on the following roll call vote: AYES: NOES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele Members: None ABSENT: Members: None V. CONSENT CALENDAR It was moved by Member Dalton and seconded by Member Clausen, that the Consent Calendar, consisting of eight items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resol ution No. 85-095 accepting an easement at no cost to the District from CHURCH OF THE NAZARENE - San Ramon area (Job 3999 - Parcel 1) was adopted. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 2. Resol ution No. 85-096 accepting an easement at no cost to the District from BLACKHAWK CORPORATION - San Ramon area (Job 3999 - Parcel 2) was adopted. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 3. Reso 1 ut i on No. 85-097 accept i ng an easement at no cost to the District from BLACKHAWK CORPORATION - San Ramon area (Job 4104 - Parcels 7 & 8) was adopted. 09." 19> 85~ 10 Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 4. Resolution No. 85-098 accepting an easement at no cost to the District from VIRGINIA BLAIR MENGES - Wal nut Creek area (Job 4035 - Parcel 2) was adopted. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 5. Resolution No. 85-099 accepting an easement at no cost to the District from MAX HALE, et ux - Danville area (Job 4105 - Parcel 1) was adopted. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 6. Authorization was given for P.A. 85-18 (Lafayette) included in a future formal annexation to the District. to be Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 7. The General Manager-Chief Engineer was authorized to execute an agreement with Flood Control for sewer relocations at Newell Avenue and Creekside Drive, Walnut Creek, District Project No. 1997. Motion unanimously approved on the follow i ng roll call vote: AYES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 8. The General Manager-Chief Engineer was authorized to execute an agreement with Flood Control for a sewer relocation at the National Guard Armory, Walnut Creek, District Project No. 1997. Motion unanimously approved on the following roll call vote: AYES: Members: Carl son, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER 0'9","',' 1'; 9"',' ---'.~- , \- , . 85' 11 Mr. Dolan, General Manager-Chief Engineer, requested that Item IX, Solid Waste, be taken out of order upon the arrival of the representative of Pleasant Hill Bayshore Disposal Service. VI. ADMINISTRATIVE CONSIDER ALTERNATIVES AVAILABLE TO REDUCE PREMIUM COSTS FOR DISTRICT PROPERTY AND LIABILITY INSURANCE POLICIES 1. Mr. Dolan, General Manager-Chief Engineer, presented the staff recommendation that the Board give consideration to canceling the District's earthquake and flood insurance coverage effective October 1, 1985, for an estimated premium reduction of $100,000 this fiscal year; and that the Board give consideration to increasing the District's retention level on liability insurance coverage from $50,000 to $100,000 effective October 1,1985, for a premium reduction of $56,250 this fiscal year. A discussion followed wherein deductible amounts, policy limits, self-insurance retention fund, and risk analysis study were discussed. It was moved by Member Clausen and seconded by Member Dalton, that the District's present earthquake and flood insurance coverage be retained pending completion of the risk analysis study. Motion approved on the following roll call vote: AYES: Members: Carl son, Dalton, Clausen, Boneysteele NOES: Members: Schmidt ABSENT: Members: None Mr. Paul Morsen, Deputy General Manager, indicated that the ri sk analysis study would be completed by Spring 1986 in sufficient time for Board review prior to the budget deliberation. It was moved by Member Dalton and seconded by Member Schmidt, that the District's retention level on liability insurance coverage be increased from $50,000 to $100,000 effective October 1, 1985, for a premium reduction of $56,250 this fiscal year. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None President Boneysteele noted the arrival of Mr. Sanford Skaggs, representative for Pleasant Hill Bayshore Disposal Service, and proceeded to Item IX., Solid Waste. IX. SOLID WASTE 1. RECEIVE REPORT OF A REVIEW OF PLEASANT HILL BAYSHORE DISPOSAL SERVICE'S REFUSE COLLECTION RATES AND RESULTS OF OPERATIONS WITHIN ZONE 3 Mr. Dolan, General Manager-Chief Engineer, directed the Boa rd' s attention to the report prepa red by Pri ce Waterhouse deta i 1 i ng its review of refuse collection rates and results of operations of Pleasant Hill Bayshore Disposal Service within Zone 3. Pleasant Hill Bayshore has taken the position that the boundaries of Zone 3 are subject to interpretation due to annexations to the District which have occurred since the original franchise was awarded. Zone 3 boundaries and refuse collection services and rates regulated by the District will be defined in the franchise negotiation process. A discussion followed wherein Member Schmidt requested that drop box rates be included in those rates regulated by the District. 09./19- ;85.,¡ 12 Hearing no objection, President Boneysteele stated the Board consensus that the Price Waterhouse report was received as presented; and that District staff is authorized to negotiate a successor franchise agreement with Pleasant Hill Bayshore Disposal Service for all regulated services, including drop boxes. Mr. Dolan stated that under the Board's direction District staff would begin the negotiation of a franchise agreement with Pleasant Hill Bayshore. The area to be covered by the franchise would be the entire northern portion of the District bounded on the south by the boundary which has been historically established between Pleasant Hill Bayshore and the franchise collectors to the south; and, exclusive of the areas within cities which regulate garbage collection. Mr. Hazard stated that as a term of the franchise, the franchise holder will be required to submit a rate application no later than March 31, 1986. Mr. Sanford Skaggs, attorney for Pleasant Hill Bayshore Disposal Service, stated that at the time of the last rate increase for Pleasant Hill Bayshore Disposal the District did not choose to regulate commercial rates. Mr. Skaggs stated however that he was in absolute agreement with the right of the District to franchise and regulate all rates and that Pleasant Hill Bayshore would make a formal rate application. Pres i dent Boney steel e th anked Mr. Skaggs for his presentati on and reverted to the order of the agenda. VII. BUDGET AND FINANCE 1. RECEIVE AUGUST 1985 FINANCIAL STATEMENTS Mr. Walter N. Funasaki, Finance Officer, reported that expenditures for the month of August 1985 were $69,000 less than budget, a 4.5 percent favorable variance. The District's temporary investments are currently held in a treasury note, a Federal National Mortgage Association note, coll ateral ized certificates of deposit, and bankers' acceptances with i nterest rates rangi ng from 10.6 percent to 7.6 percent. The most current rate at the end of August is 8.2 percent. Mr. Robert A. Baker, Deputy Chief Engineer, presented a capital project review of the 5B Expansion Project. Hearing no objection, President Boneysteele declared that the August 1985 Financial Statements were duly received. VIII. LEGAL/LITIGATION DENIAL OF CLAIM FOR INDEMNITY AND CONTRIBUTION FROM ROBERT A. MACDONALD, JR. 1. It was moved by Member Carlson and seconded by Member Clausen, that the claim for indemnity and contribution form Robert A. MacDonald, Jr. against the District in the matter of Mellon Bank, et al versus Shelter Development, et al, be denied and referred to the Administrative Operations Manager for further actions as necessary. Motion unanimously approved on the following roll call vote: AYES: NOES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele Members: None ABSENT: Members: None IX. SOLID WASTE 1. RECEIVE REPORT OF A REVIEW OF PLEASANT HILL BAYSHORE DISPOSAL SERVICE'S REFUSE COLLECTION RATES AND RESULTS OF OPERATIONS WITHIN ZONE 3 This item was taken out of order earlier in the agenda. 09';"19":85 13 X. ITEMS LATE FOR THE AGENDA None XI. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1. a. Mr. James Belcher, Associate Engineer, in the Plant Operations Department, presented a report on energy conservation in the Plant. At the conclusion of Mr. Belcher's report, Member Dalton presented the California State Energy Award for 1985 awarded to the District and John Carollo Engineers for the landfill gas project. This program was one of sixteen recognized throughout the State for energy efficiency and cost savings. On behal f of the B'oard, Presi dent Boneysteel e congratul ated staff for their efforts which resulted in this award and for the continuing efforts in the Plant Operations Department. b. Mr. Dol an di stributed the invitation, activity schedul e, and proposed guest list for Update '85 scheduled for October 19, 1985. Following discussion, the Board approved the activity schedule and guest 1 i st. c. Mr. Dolan reported that a request has been receive for lease of the North Kiewit property for a concrete recycling activity. Staff was authorized to proceed with negotiations for a lease, returning to the Board for final approval. d. Mr. Dolan indicated that staff would be participating in committee meetings and other preparatory meetings in conjunction with the CWPCA Northern Regional Conference to be held at Lake Tahoe on September 23 and 24, 1985 on the Nevada si de of the Lake. He requested and received Board concurrence that the Board policy requiring specific Board approval of out of state travel not be appl ied to these incidental meetings. 2. COUNSEL FOR THE DISTRICT a. Mr. James L. Hazard, Counsel for the District, reported that Senate Bill 75 Foran (deep pockets legislation) failed to pass the Assembly. 3. SECRETARY OF THE DISTRICT a. The 1984-1985 Annual Report was distributed. 4. BOARD MEMBERS a. Member Dalton reported on the September 18 Solid Waste Commission meeting. Some funds have been committed by other agencies for funding of Phase II of the Landfill Study. President Boneysteele declared a recess at the hour of 10:00 p.m., reconvening at the hour of 10:10 p.m., with all parties present as designated heretofore. XII. MATTERS FROM THE BOARD NOT ON THE AGENDA Negotiations discussed. for refuse co" ect ions franchise renewals were The draft letter prepared in response to a letter from Ms. Nancy Parent requesting a joint meeting of the Boards of Delta Diablo Sanitati on D1 strict, West Contra Costa Sanitary Di strict, and Central Contra Costa Sanitary District was approved as modified and the Secretary of the District was authorized to sign same on behalf of the Board of Directors. It was moved by Member Schmidt and seconded by Member Dalton, that District staff be authorized to assist in development of a scope of work , . . . . l,.~ ,1; ( 0'9'19 '~ ..~, 'StJ 14 for Phase II of the Landfill Study. was unanimously approved. There being no objection, the motion It was moved by Member Dalton and seconded by Member Carlson, that Board Members, District Counsel, and designated staff members be authorized to attend the CASA meeting on November 22 and 23,1985. There being no objections, the motion was unanimously approved. Member Carlson distributed copies of the 1985-1986 CASA Directory. The Di rectory was prepared by Di strict staff. Costs will be reimbursed by CASA. XIII. CLOSED SESSION 1. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section S49S6.9(a). The titles of the litigation discussed were: a. Peterson-Simpson v. CCCSD Contra Costa County Superior Court No. 190885 b. CCWD v. CCCSD (Water Reclamation) Contra Costa County Superior Court No. 258786 At 10:58 p.m., President Boneysteele declared the closed session to discuss existing litigation pursuant to Government Code Section 54956 .9( a). At 11 :34 p.m., Presi dent Boneysteel e concl uded the cl osed session and reconvened the meeting into open session. XIV. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None xv. ADJ OURNMENT There being no further business to come before the Board, President Boneysteele adjourned the meeting at the hour of 11:35 p.m. President of the Board of D ectors, Central Contra Costa Sanit y District, County of Contra Costa, State of California COUNTERS IGNED: Cf.;G. rnv S r ary of the Ce tral Contra C ta Sanitary District, County of Contra Costa, State of California 09 " 'J, i19 8.5 ;