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HomeMy WebLinkAboutBOARD MINUTES 06-06-85 198 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JUNE 6, 1985 The Di strict Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 5019 Imhoff Pl ace, Marti nez, County of Contra Costa, State of Californi a, at 7:30 p.m. on June 6, 1985. President Boneysteele called the meeting to order and requested that the Secretary call roll. I. RQL CALL PRESENT: ABSENT: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele Members: None II. APPROVAL OF MINUTES 1. APPROVE MINUTES OF MAY 2,1985 It was moved by Member Carlson and seconded by Member Dalton, that the minutes of May 2, 1985, be approved as presented. There being no objection, the motion was unanimously approved. 1. III. EXPENDITURES EXPENDITURE LIST DATED JUNE 6,1985 Member Dalton, member of the Budget and Finance Committee, stated he and Member Schmidt have rev iewed the expenditures and found them to be satisfactory. It was moved by Member Dalton and seconded by Member Schmidt, that the Expenditure List dated June 6, 1985, including Running Expense Warrant Nos. 19695-19887, Payroll Warrant Nos. 3920-4144, and Sewer Construction Warrant Nos. 2991-3019, be approved as presented. There being no objection, the motion was unanimously approved. IV. HEARINGS 1. HOLD PUBLIC HEARINGS FOR ESTABLISHING lHE 1985-1986 SEWER SERVICE ŒlARGE RATES AND FOR lHEIR COLLECTION, AS WELL AS lHE COLLECTION OF DELINQUENT SEWER SERVICE CHARGES, ON THE COUNTY TAX RQL President Boneysteele questioned establishing the Sewer Service Charge when the budget process is not yet complete. Mr. Roger J. Dolan, General Manager-Chief Engineer, explained that this is an artifact of the Board agenda format. Although the Board is cognizant of the budget and. has it in mind when considering the Sewer Service Charge, it would be appropri ate to move consi derati on of the budget forward on the agenda. President Boneysteele inquired if any Board Member had any possible changes to the budget. Hearing none, it was determined that the current order of the agenda would be maintained. la. HOLD PUBLIC HEARING FOR lHE PURPOSE OF ESTABLISHING lHE 1985-1986 SEWER SERVICE ŒlARGE RATES Mr. Dolan introduced Mr. Walter N. Funasaki, Finance Officer. Mr. Funasaki stated that settlement from the City of Concord for underpayments resul ti ng from erroneous flow vol umes i s expected to be received by the District during the month of June 1985. This will raise the level of reserves higher than what has been accepted in the past by the District to be prudent reserves. Mr. Funasaki presented graphic comparisons of alternatives for setting the Sewer Service Charge considering the projected revenues and expenditures for the coming fiscal year and maintenance of appropriate levels of reserves. At the hour of 7:52 p.m., President Boneysteele opened the public hearing ~nd., ~tated t~a:t the Board would receive any publ ic comments 'resardin~~ the estab1 ishment of the Sewer Service Charge rate. ..,. .. 06 06 85 ..... . 199 Mr. Don Christen, Executive Vice President of the Contra Costa Taxpayers' Association, distributed a statement from that organization. On behalf of the Contra Costa Taxpayers' Association, Mr. Christen recommended that the District rebate the entire amount of the settlement from the City of Concord. In addition, the Contra Costa Taxpayers' Association bel ieves that an even more substantial reduction in the reserve is indicated based on the 1985-1986 budget projections. President Boneysteele questioned the adverse impact on the District taxpayers of a steep up and down cycle in the Sewer Service Charge rate if the enti re amount of the settl ement were rebated in one year. Mr. Christen stated that this is an extraordinary situation'that may never happen agai n. The Contra Costa Taxpayers' Associ ati on woul d recommend that the enti re sum be rebated realizing that when the rate must go up there may be some complaints. Mr. Kenneth Barker addressed the Board commenting that the budget is incomplete since in excess of $1 million in legal expenses and $5 million in capital costs are not included. Mr. Barker advised the Board that District reserves are substantially more than the figure indicated by staff. Member Dalton stated that two separate reserves are maintained; one rel ati ng to the Operati ons and Mai ntenance Budget and Runni ng Expense Fund, and the other relating to the Sewer Construction Fund. Member Carlson stated that the Sewer Service Charge and related Operations and Maintenance budget and reserves are the subjects of this public hearing and comments should be directed in those areas. Mr. Dolan stated that legal expenses are divided into capital and O&M and included in the appropriate budgets. There being no further comments or discussion, President Boneysteele declared the public hearing closed. President Boneysteele indicated that final consideration of the 1985-1986 Sewer Service Charge rate will be made in conjunction with the 1985-1986 Operations and Maintenance Budget later in the agenda. lb. COLLECTION OF lHE 1985-1986 SEWER SERVICE ŒlARGE ON lHE COUNTY TAX Ra.. L At 8:13 p.m., President Boneysteele declared the public hearing open regarding the collection of the 1985-1986 Sewer Service Charge on the County tax roll. Hearing no comments from the audience, President Boneysteele declared the public hearing closed. It was moved by Member Clausen and seconded by Member Carlson, that the 1985-1986 Sewer Service Charge be coll ected on the County tax roll and that a resolution be adopted to that effect (Resolution No. 85-054). Motion unanimously approved on the following roll call vote: AYES: Members: Ca rl son, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 1c. COLLECTION OF DELINQUENT SEWER SERVICE ŒlARGE ON lHE COUNTY TAX RQL Mr. Funasaki, Finance Officer, explained that one property owner is delinquent in payment of the Sewer Service Charge. It is proposed that this delinquent charge be collected on the 1985-1986 County tax roll. At 8:15 p.m., President Boneysteele declared the public hearing open and requested responses or statements from the audience on this matter. Hearing none, President Boneysteele declared the public hearing closed. It was moved by Member Carl son and seconded by Member Dal ton, that collection of the delinquent Sewer Service Charge be placed on the O.~" "~O6~_'~ 85' '. " 200 1985-1986 County tax roll and that a resolution overruling protests and adopting the report pursuant to Section 5473 of the Health and Safety Code be adopted (Resolution No. 85-055). Motion unanimously approved on the following roll call vote: AYES: Members: Carl son, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None At this time President Boneysteele returned the Board's attention to establ ishment of the 1985-1986 Sewer Service Charge in connection with approval of the 1985-1986 Operations and Maintenance Budget. Board discussion followed relating to reduction of the Sewer Service Charge rate and maintenance of that reduced rate for a three-year period in an attempt to eliminate severe fluctuations in the Sewer Service Charge rate. Mr. John J. Carniato, Counsel for the District, advised that the Board can state its intended policy to maintain the Sewer Service Charge at a constant rate for a three-year period but cannot legally bind future Boards. Member Schmidt voiced support for maintenance of a level Sewer Service Charge rate for as long as possible and avoidance of a large percentage increase if and when an adjustment is necessary. Budgetary uncertainties including ash and sludge removal and disposal and fuel costs were discussed and their possible impact on maintenance of a constant Sewer Service Charge was considered. It was moved by Member Cl ausen and seconded by Member Dal ton, that the Sewer Service Charge rate be establ ished at $124 for the 1985-1986 fiscal year and that a resolution be adopted to that effect (Resolution No. 85-056), with the Board's stated intent, but not commitment, to maintain the Sewer Service Charge rate at that level for as long as possible. Motion approved on the following roll call vote: AYES: Members: Carlson, Dalton, Clausen, Boneysteele NOES: ~SENT: Members: Schmidt Members: None President Boneysteele departed from the order of the agenda. IX. BUDGET AND FINANCE 2. APPROVE lHE 1985-1986 OPERATIONS AND MAINTENANCE BUDGET It was moved by Member Dalton and seconded by Member Clausen, that the 1985-1986 Operations and Maintenance Budget be approved as presented and previously reviewed. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele NOES: ABSENT: Members: None Members: None President Boneysteele then reverted to the order of the agenda. V. BIDS AND AWARDS AUTHORIZE AWARD TO PURCHASE CHLORINE LIQUID FROM OCCIDENTAL CHEMICAL CORPORATION FOR PERIOD JULY 1985 lHROUGH JUNE 1986 1. Mr. Dol an, General Manager-Chief Engi neer, stated that bids for chlorine liquid have been received. Staff recommends award to the lowest responsible bidder, Occidental Chemical Corporation. 0606,. , .~, . 8'5 201 It was moved by Member Carlson and seconded by Member Dalton, that award to purchase chlorine 1 iquid from Occidental Chemical Corporation for the period July 1985 through June 1986 at a per ton cost of $139.08 be authorized. Motion approved on the following roll call vote: AYES: Members: Carlson, Dalton, Schmidt, Clausen NOES: Members: None ABSENT: ABSTAIN: Members: None Members: Boneysteele AUlHORIZE AWARD TO PURCHASE SULFUR DIOXIDE LIQUID FROM VIRGINIA ŒlEMICAL CO. FOR lHE PERIOD JULY 1985 THRClIGH JUNE 1986 2. Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Carlson and seconded by Member Dalton, that award to purchase sulfur dioxide liquid from Virginia Chemical Co., the lowest responsible bidder, be authorized for the period July 1985 through June 1986 at a per ton cost of $189.00. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 3. DECLARE BID FOR ()4E CARGO VAN NONRESPONSIVE, AUTHORIZE STAFF TO I SEA PURŒI E ORDER F R ONE CARGO V AN, AND EXTEND AUTHORIZATION OF $48,022 UNEXPENDED BALANCE TO 1985-1986 FISCAL YEAR Mr. Dolan, General Manager-Chief Engineer, stated that on May 2, 1985, the Board approved restructuring the 1984-1985 Equipment Budget authorization of $62,000 for a new CCTV system to include a new cargo van and new equipment. One bid was received and it did not meet specifications. Staff recommends that the Board declare the bid received nonresponsive, authorize a purchase order for one cargo van and extend the authorizati on of $48,022 unexpended bal ance to the 1985-1986 fiscal year. It was moved by Member Dalton and seconded by Member Clausen, that the proposal by Sun Valley Ford to furni sh one cargo van be decl ared nonresponsive; that staff be authorized to issue a purchase order to Steve Schneider Chevrolet for the purchase of one cargo van at a cost not to exceed $11,300 pl us tax; and that extendi ng the $48,022 unexpended balance of $62,000, originally authorized in the 1984.1985 Equipment Budget, into the 1985-1986 fiscal year be approved. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele NOES: ABSENT: Members: None Members: None VI. CONSENT CALENDAR It was moved by Member Carlson and seconded by Member Dalton, that the Consent Calendar, consisting of nine items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resolution No. 85-045 accepting an easement at no cost to the District fran CITY OF WALNUT CREEK - Walnut Creek area (Job 4031, Parcel 1). 2. Resolution No. 85-046 accepting an easement at no cost to the District fran J. MAGEE, et ux - Danville area (Job 3445, Parcel 1). 0 6,;- ~O 6;'; 8 5-'~ ' . 202 3. Resol ution No. 85-047 accepti ng an easement at no cost to the District from J. MAGEE, et ux - Danville area (Job 3445, Parcel 3), 4. Authorization was given for P.A. 85-10 (Alamo), P.A. 85-11 <Diablo), and P.A. 85-12 (Alamo) to be included in a future formal annexation to the District. 5. Agreement rel ati ng to real property with RIŒlARD B. DAVIS, et ux, Job 933, Parcell and Job 1551, Parcel 44 in the Pleasant Hill area was approved (Resolution No. 85-048). 6. Agreement rel ati ng to real property with CHARLES B. NEWTON, et ux, Job 3251, Parcell, Pleasant Hill area was approved (Resolution No. 85-049). 7. Agreement relating to real property with PAUL L. RUSHING, et ux, Job 1043, Lafayette area was approved (Resolution No. 85-050). 8. Agreement relating to real property with FRED MILLER, Job 2155, Parcel 3, Orinda area was approved (Resolution No. 85-051). A maternity leave of absence was authorized for Julie Lopez for a maximum period of six months. 9. There being no objection, the motion was unanimously approved. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None VII. ADMINISTRATIVE 1. ADOPT AN ORDINANCE COMPIL ING AND CODIFYING lHE EXISTING ORDINANCES OF THE DISTRICT BY REFERENCE AS lHE CENTRAL CONTRA COSTA SANITARY DISTRICT CODE It was moved by Member Dalton and seconded by Member Clausen, that Ordinance No. 155 compiling and codifying the existing ordinances of the District and adopting the compilation and codification by reference as the Central Contra Costa Sanitary District Code be adopted and the Secretary of the District be directed to publish said ordinance pursuant to Government Code Section 6490. Motion unanimously approved on the following roll call vote: AYES: Members: Carl son, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None VIII. ENGINEERING AUlHORIZATION FOR P. A. 84-13 <CONCORD AREA) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO lHE DISTRICT 1. Mr. Dolan, General Manager-Chief Engineer, stated that the District and the City of Concord have ir':,licc a practice which requires that properties requesting annexation to this district also annex to the City when they are within the City's sphere of influence. President Boneysteele reiterated his objection that this practice is contrary to his understanding of the District annexation policy as established by the Board. Mr. Dolan advised that the parcel in question was previously considered for annexation in August 1984. No action was taken at that time because the property owner di d not have an agreement with the City of Concord regarding annexation to the City. The property owner and the City of Concord now have such an agreement. The subject of the annexation practice with the City of Concord will be discussed again in the context of the Concord contract. 06 ~'O6.,; 85 203 It was moved by Member Carlson and seconded by Member Schmidt, that P.A. 84-13 be authorized for inclusion in a future Boundary Reorganization which will be initiated by the City of Concord with the Local Agency Formation Commission. Motion unanimously approved on the following roll call vote: AYES: NOES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele Members: None ABSENT: Members: None 2. AUTHORIZE lHE GENERAL MANAGER-CHIEF ENGINEER TO EXECUT~ AN AG~ WITH TESTING ENGINEERS, INC. FOR MATERIAL TESTING SERVICES FOR lHE STPßE 5B PROJ ECT 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 Testing Engineers, Inc. for material testing services in conjuction with the Stage 5B project. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele NOES: ABSENT: Members: None Members: None 3. STATUS REPORT ON lHE SAN RAP«>N VALLEY TRUNK SEWER PROJ ECT Mr. Dol an introduced Deputy Chief Engineer Robert A. Baker who provided a status report of the San Ramon Valley Trunk Sewer Project which will parallel a large portion of the trunk system in this area. Predesign level cost estimates have been made for the various alternatives. Preliminary design is being completed. The final pipe size is contingent upon a decision by Livermore Amador Valley Wastewater Management Agency (LAVWMA) and approval by the Board of Directors. Staff will keep the Board apprised of the status of this project. IX. BUDGET AND FINANCE 1. CLOSE OUT UNDEREXPENDED CAPITAL PRoo ECTS, RETURNING $40,929 TO THE SEWER CONSTRUCTION FUND. CLOSE WT .OVEREXPENDED CAPITAL PRoo ECTS, AUTHORIZING $17,496 IN SEWER CON$TRUCTIONFUNDS It was moved by Member Dalton and seconded by Member Carlson, that underexpended capital projects be closed out, returni ng $40,929 to the Sewer Construction Fund and that overexpended capital projects be closed out, authorizing $17,496 in Sewer Construction Funds. Motion unanimously approved on the following roll call vote: AYES: NOES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele Members: None ABSENT: Members: None 2. APPROVE THE 1985-1986 OPERATIONS AND MAINTENANCE BUDGET This item was taken out of order earlier in the agenda. X. LEGAL/L ITIGATION 1. APPROVE SEffiEMENT PßREEÞENT WITH CITY OF CONCORD AND ADOPT THIRD AMENDMENT TO 1974 CONTRACT BETWEEN CONCORD AND DISTRICT Mr. Dolan, General Manager-Chief Engineer, reported that negoti ations have been compl eted with the City of Concord. The City agreed to pay the District $3.5 million in final settlement of the past underpayments resulting from erroneous flow volumes. Mr. Dolan introduced Mr. Jack E. Campbell, Administrative Operations Manager, who 06 , -, ';, '. ..; ; < 'l _\. ' .. -.' 06 85 204 highl ighted the changes in the third amendment to the 1974 contract between the District and the City of Concord. It was moved by Member Carlson and seconded by Member Clausen, that the Settl ement Agreement and Rel ease as negotiated between the City of Concord and the District be approved; that the Third Amendment to the September 10,1974 Agreement between the City of Concord and the District for wastewater disposal be approved; and that a resolution to that effect be adopted (Resolution No. 85-052). Motion unanimously approved on the following roll call vote: AYES: Members: Carl son, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None The Board commended staff and 1 egal counsel for the successful conclusion of the negotiation process. XI. PERSONNEL APPOINT THE TOP CANDIDATE TO THE ENGINEERING DIVISION MANAGER POSITION, SALARY $4,875/MO. (M-26 RANGE) 1. Mr. Dolan, General Manager-Chief Engineer, reported that an extensive recruitment process was conducted for the Engineering Division Manager vacancy. The list of candidates was excellent. Based on the interview process and evaluation of experience and education, staff recommends that Mr. David Williams be appointed to the position. It was moved by Member Carlson and seconded by Member Clausen, that Mr. David R. Williams be appointed to the Engineering Division Manager position, salary $4,875/month, M-26 Range, effective July 1, 1985 and that a resolution to that effect be adopted (Resolution No. 85-053>- Motion unanimously approved on the following roll call vote: AYES: NOES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele Members: None ABSENT: Members: None XII. ITEMS LATE FOR THE JlßENDA None XIII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan commended Finance Officer Walter Funasaki and all the managers for their hard work and the successful completion of this year's budget process. b. Because of the length of the agenda, presentation of the District Goals and Objectives will be held until a future Board Meeting. c. Following discussion, it was determined that rather than a ground-breaking ceremony for the Stage 5B Project, an event exchanging information with other public agencies and the media will be held. d. A status report of the Acme Fill rate review was presented. The five franchisees are cooperating on the rate review, estimated to cost between $8,000 and $10,000. Price Waterhouse anticipates that the analysis will be completed in time for presentation at the first Board meeting in July. e. A draft contract is being prepared with Mr. James L. Hazard for the position of Counsel for the District and will be presented to the Board for consideration on June 20,1985. 06' 06 85 205 2. COUNSEL FOR lHE DISTRICT None 3. SECRETARY OF THE DISTRICT a. Ms. Joyce McMill an, Secretary of the District, di scussed the upcoming election and indicated that the County Election Department needed to have the Board take action on three items: (1) Whether or not the potenti a 1 cand i dates shoul d pay for thei r candidate statements; (2) What shoul d be the number of words all owed on the Candi date Statement, rangi ng from 200 words to a maximum of 400 words; and (3) What shoul d be the percentage of the estimated costs for the Candidate Statement to be collected in advance. Ms. McMillan reported that the County Board of Supervisors collects lac in advance at the time of filing and the balance after the election costs have been determined. Discussion followed after which it was moved by Member Dalton and seconded by Member Schmidt, that candidates running for a seat on the District Board be responsible to pay all pro rata costs concerning publication of their respective candidate statements; that the statements be 1 imited to 400 words; and that the District collect lac of the estimated cost of the printing of candidate statements with the balance being due 10 days after the election. Motion unanimously approved on the following roll call vote: AYES: Members: Carl son, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None Ms. McMi11 an stated that she woul d submit a letter to the County Election Department indicating the Board's action, together with copies of the most recent map outlining the District's boundaries. b. Due to a confl ict with the CASA Annual Work Conference, the August 15, 1985, Board Meeting was rescheduled for 7:30 p.m. on August 22, 1985. 4. BOARD MEN3ERS a. In response to a communication from the CASA Legislative Committee, the Board voiced their support for Senate Bill 75 (Foran). b. The Governor's Waste Management Plan, currently before the Legislature as an executive reorganization, was discussed. c. Member Carlson reported on the CASA Directors' Committee Meeting, at which 75 Directors were in attendance. Judge Landis provided an excellent program on the Director's role as a Board Member. XIV. MATTERS FROM lHE BOARD NOT ON THE JlßENDA None xv. CLOSED SESSION 1. 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. Peterson-Simpson vs. CCCSD Contra Costa County Superior Court No. 190885 06~'; 06 '85 206 b. CCCSD vs. Contra Costa Water District (Alum Sludge) Contra Costa County Superior Court No. 253195 At 9:48 p.m., President Boneysteele declared the closed session concerning litigation. At 11:18 p.m., President Boneysteele concluded the closed session and reconvened the meeting into open session. XVI. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None Presi dent Boney steel e stated that the Board woul d now hear any public comments on agenda items. Mr. Kenneth Barker addressed the Board concerning the budget process and the agreement with Testing Engineers, Inc. for material testing services for the Stage 5B Project. XVII. ADJOORNMENT There being no further business to come before the Board, President Boneysteele adjourned the meeting at the hour of 11:24 p.m. COUNTERSIGNED: 06 06 85 "