HomeMy WebLinkAboutBOARD MINUTES 07-11-85
213
MINUTES OF THE REGULAR BOARD MEETING
OF lHE DISTRICT BOARD OF lHE CENTRAL CONTRA
COSTA SANITARY DISTRICT HELD ON JULY 11,1985
The District 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 Cal iforni a, at
7:30 p.m. on July 11, 1985.
President Boneysteele called the meeting to order and requested that
the Secretary call roll.
I.
ROLL CALL
PRESENT:
PBSENT:
Members:
Carlson, Dalton, Schmidt, Clausen, Boneysteele
Members:
None
II. APPROVAL OF MINUTES
1.
APPROVAL OF MINUTES OF MAY 30,1985
2.
3.
APPROV AL OF MINUTES OF JUNE 6, 1985
APPROV AL OF MINUTES OF JUNE 20, 1985
It was moved by Member Clausen and seconded by Member Schmidt, that
the minutes of May 30, 1985, and June 20, 1985, be approved as presented
and that the minutes of June 6, 1985, be approved with the following
corrections:
Under Item VIII. ENGINEERING 1., AUTHORIZATION FOR P.A. 84-13
(CONCORD AREA) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO lHE
DISTRICT, the first paragraph was amended to read:
"Mr. Dolan, General Manager-Chief Engineer, stated that the
District and the City of Concord have applied 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 did 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."
And under Item XIII. REPORTS, 4. BOARD MEMBERS, c. the words "in the
agency" were amended to read "as a Board Member."
There being no objection, the above motion was unanimously approved.
III.
EXPENDITURES
1.
EXPENDITURE LIST DATED J UL Y 11, 1985
Member Dalton, member of the Budget and Finance Committee, stated he
and Member Schmidt have reviewed the expenditures and found them to be
sati sfactory.
It was moved by Member Dalton and seconded by Member Schmidt, that
the Expenditure List dated July 11, 1985, including Running Expense
Warrant Nos. 20234-20699, Payroll Warrant Nos. 4145-4392, and Sewer
Construction Warrant Nos. 3058-3095, be approved as presented. There
being no objection, the motion was unanimously approved.
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IV.
CONSENT CALENDAR
It was moved by Member Carl son and seconded by Member Dal ton, that
the Consent Calendar, consisting of five items, be approved as
recommended, resolutions adopted as appropriate, and recordings duly
authorized.
1.
Resolution No. 85-061 accepting an easement at no cost to the
District from W. S. T. JACKSON, et ux, Lafayette area (Job 4060
- Parcel 1).
2.
Resol uti on No. 85-062 accepti ng an easement at no cost to the
District from DAVIDON INVESTORS - Walnut Creek area (Job 4059 -
Parcel 1).
3.
Resol uti on No. 85-063 accepti ng an easement at no cost to the
District from DAVIDON INVESTORS - Walnut Creek area (Job 4059 -
Parcel 2).
4.
Resolution No. 85-064 accepting an easement at no cost to the
District from lHE MARTIN GROUP OF COMPANIES, INC. - Danville
area (J ob 4078 - Parcel 1>.
5.
Authorization was given for P.A. 85-13 (Danvi]le) to be included
in a future fonmal annexation to the District.
The above motion was unanimously approved on the following roll call
vote:
AYES: Members: Carl son, Dalton, Schmidt, Clausen, Boneysteele
NOES: Members: None
ÆSENT: Members: None
CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
President Boneysteele advised that upon the arrival of all
interested parties, Item No. VII. Solid Waste and Item No. XIII. Closed
Session, will be taken out of order. Until that time, President
Boneysteele departed from the order of the agenda to consider the
foll ow i ng:
VIII.
PERSONNEL
1.
NJlHORIZE ONE CONSTRUCTION EQUIPMENT OPERATOR POSITION (SALARY RANGE
G-62) WITHIN COLLECTION SYSTEM OPERATIONS DE PARTIEN T lHROUGH
NOVEM3ER 15, 1985
Mr. Roger J. Dolan, General Manager-Chief Engineer, advised that
this is a request to create what in effect would be a temporary position
in the District, and to fill that position by temporary appointment
through the construction season. At the completion of the temporary
appointment, the employee will then revert back to his previous status.
Following discussion Member Carlson, of the Personnel Committee,
stated the consensus of the Board that this approach is appropriate and
would allow staff to proceed with the seasonal nature of the work.
It was moved by Member Carlson and seconded by Member Clausen, that
one Construction Equipment Operator position (Salary Range G-62) be
authorized within the Collection System Operations Department through
November 15, 1985. Moti on unanimousl y approved on the foll ow i ng roll
call vote: -
AYES: Members: Carl son, Dalton, Schmidt, Clausen, Boneysteele
NOES: Members: None
ABSENT: Members: None
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V.
ENGINEERING
FIVE YEAR CAPITAL IMPROVEMENT PLAN UPDATE
1.
Mr. Dolan introduced Mr. Robert A. Baker, Deputy Chief Engineer, who
reviewed the Five Year Capital Improvement Plan for the Board. The Five
Year Capital Plan is a long-term financial planning and project
management tool including project/expenditure identification,
prioritization and cash flow analysis, and evaluation of various capital
expenditure scenarios. The Plan is not intended to be a static document,
but will be updated periodically to conform to changing priorities and
funding outlook. Mr. Baker outlined the steps involved in the District's
project planning and authorization system.
President Boneysteele interrupted the presentation on the Five Year
Capital Improvement Plan and moved to Item VII, Solid Waste, to
accommodate interested parties in the audience.
VII.
SOL 10 WASTE
1.
RECEIVE STAFF ANALYSES OF REFUSE COLLECTION RATE INCREASE
APPL ICATIONS BY V ALLEY DISPOSAL SERV ICE, INC. AND ORINDA-P«>RPGA
DISP<>SAL SERVICE, INC.
Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Ernest J.
Mortensen and Mr. Robert Hilton, of Price Waterhouse. Mr. Mortensen
summarized the findings of the review of the basis for the Acme Landfill
tipping fee increase as set forth in the Price Waterhouse report dated
July 2, 1985. President Boneysteele thanked Mr. Mortensen for his
presentation and requested that a representative of Price Waterhouse be
present at the July 18 Public Hearing to respond to any questions raised.
Mr. Walter N. Funasaki, Finance Officer, highlighted the staff
analyses of the refuse collection rate increase applications submitted by
Valley Disposal Service, Inc. and Orinda-Moraga Disposal Service, Inc.
Mr. Funasaki reported that the 1984 net income of Valley Disposal, after
adjustment, was significantly higher than forecasted using a 95 percent
operating ratio. This resulted primarily from major growth occurring in
the service area. The return on equity was 45 percent.
Member Schmidt inquired whether the incremental increase in expenses
associ ated with the i ncreased revenue generated by the new customers
could be determined. Mr. Funasaki responded that the incremental
expenses were not readily determinable, and no significant increase in
expenses resulted.
President Boneysteele requested that information relating to
hazardous waste revenue and expenses be added i n the attachment of
alternative adjustments to the Acme Fill tipping fees based on the Price
Waterhouse findings for consideration at the July 18 Public Hearing.
Mr. Funasaki proceeded to review the staff analysis of the
Orinda-Moraga rate increase application. The operating ratio realized by
Orinda-Moraga Disposal in the prior years was 89.9 percent and the return
on equity was 30 percent, primarily because the forecasted expenses
related to the trimming service instituted in Orinda in June 1984 were
not as high as anticipated.
Member Carlson requested staff prepare an analysis of the operating
ratio for both collectors for the preceding five years. Member Carlson
also requested that staff prepare a chart or comparison showing the
operating ratio or range indicated in the February 1983 Price Waterhouse
with some comparison to the marketplace.
Mr. Sanford Skaggs, attorney for Valley Disposal Service, Inc. and
Orinda-Moraga Disposal Service, Inc., advised the Board of areas of
importance in the Price Waterhouse report and staff analysis for
consideration at the following meeting relative to the findings of the
July 2, 1985, Price Waterhouse report, and the respective refuse
collection rate increase applications of Valley Disposal and
Orinda-Moraga Disposal.
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There being no further discussion, President Boneysteele requested
that the presentation of the Five Year Capital Improvement Plan resume.
V.
ENGINEERING
1.
FIVE YEAR CAPITAL IMPROVEÞOENT PLAN UPDATE
Mr. Baker, Deputy Chief Engineer, discussed the Five Year Capital
Improvement Plan in detail. Beginning this year the capital improvement
program will have to double in magnitude in order to meet District needs.
Work on capital projects will double, so it will be necessary to
carefully review manpower and consultant usage.
At thi s time Presi dent Boney steel e departed fran the order of the
agenda to consider Item XIII, Closed Session.
XIII.
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:
CLOSED SESSION N2ENDA
1.
July 11, 1985
EXISTING LITIGATION: Government Code Section 54956.9(a)
a. CCCSD v. CCWD (Alum Sludge)
Contra Costa County Superior Court No. 253195
b. CCWD v. CCCSD (Water Reclamation)
Contra Costa County Superior Court No. 258786
c. Edmonston v. CCCSD
Contra Costa County Superior Court No. 240998
d. Great American Hanes v. CCCSD
Contra Costa County Superior Court No. 209105
e. McEvoy v. CCCSD
Contra Costa County Superior Court No. 216995
f. Williamson v. CCCSD
Contra Costa County Superior Court No. 219793
g. Peterson-Simpson v. CCCSD
Contra Costa County Superior Court No. 190885
h. CCCSD v. Law i s
Contra Costa County Superior Court No. 239772
i. Taggart v. CCCSD
Contra Costa County Superior Court No. 243918
j. CCCSD v. Young v. CCCSD
Contra Costa County Superior Court No. 247905
k. Llamas v. CCCSD
Contra Costa County Superior Court No. 251586
1. CCWD v. CCCSD (Water Service District)
Contra Costa County Superior Court No. 238047
m. Ullery/Warwick v. CCCSD
Contra Costa County Superior Court No. 255138
n. Gilmore, McGeehon, Hoyt, et al. v. CCCSD
Contra Costa County Superior Court No. 242697
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o. DeJ arnette v. CCCSD
Contra Costa County Superior Court No. 187405
p. Wootten (Safeco) v. CCCSD
Contra Costa County Superior Court No. 271338
q. Lee v. CCCSD
Contra Costa County Superior Court No. 256866
r. Mellon Bank v. Shelter Development v. CCCSD
Contra Costa County Superior Court No. 252419
s. CCCSD v. National Union
Contra Costa County Superior Court No. 255498
t. Vered v. CCCSD
Contra Costa County Superior Court No. 272402
u. ENGEO Inc. v. CCCSD
Contra Costa County Superior Court No. 251036
2. SIGNIFICANT EXPOSURE TO LITIGATION
Pursuant to Government Code Section 54956.9(b), a point has been
reached where in the opinion of the Board of Directors of the Central
Contra Costa Sanitary District on the advice of its Counsel, based on
existing facts and circumstances, there is a significant exposure to
litigation against the District. The title of the litigation is not
being identified because to do so would jeopardize the Board's ability to
conclude existing settlement negotiations to its advantage.
3.
INITIATION OF LITIGATION
Pu rsua nt to Government Code Sect ion 54956.9 (c) , on the adv i ce of
Counsel based on existing facts and circumstances, the Board of Directors
of the Central Contra Costa Sanitary District has decided to initiate or
is deciding whether to initiate litigation. The title of the litigation
is not being identified because to do so would jeopardize the ability of
the District to effectuate service of process or to advantageously
conclude existing settlement negotiations.
At 9:04 p.m., President Boneysteele declared the closed session to
discuss litigation pursuant to Government Code Sections 54956.9(a), (b),
and (c). At 10:30 p.m., President Boneysteele concluded the closed
session and reconvened the meeting into open session.
XIV.
ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION
At this time, Item VI. Legal/Litigation, was considered.
VI.
LEGAL/LITIGATION
REQUEST TO INCREASE lHE N.JlHORIZED EXPENDITURE LEVEL FOR lHE
DISTRICT LEGAL SERVICES
1.
Mr. Dolan, General Manager-Chief Engineer, stated that on the basis
of the information provided in closed session, staff recommends the
augmentation of legal service expenditures by $269,000.
It was moved by Member Dal ton and seconded by Member Cl ausen, that
an increase to the expenditure level for legal services for O&M and
Project-related cases in the amount of $269,000 be authorized. Motion
unanimously approved on the following roll call vote:
AYES:
NOES:
Members:
Carlson, Dalton, Schmidt, Clausen, Boneysteele
Members:
None
.,
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ABSENT:
Members:
None
President Boneysteele then reverted to the order of the agenda.
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v.
ENGINEERING
1.
FIVE YEAR CAPITAL IMPROVEMENT PLAN UPDATE
Mr. Baker, Deputy Chief Engineer, indicated his willingness to
answer any questions the Board might have.
President Boneysteele suggested that in consideration of the recent
labor negotiation process and resulting Memorandum of Understanding, that
the Women's Locker Roan at the Treatment Plant be classified as an "A"
priority. Staff concurred.
VI.
LEGAL/LITIGATION
REQUEST TO INCREASE lHE AUTHORIZED EXPENDI1URE LEVEL FOR lHE
DISTRICT LEGAL SERVICES
1.
1.
This item was taken out of order earlier in the agenda.
VII. SOL ID WASTE
RECEIVE STAFF ANALYSES OF REFUSE COLLECTION RATE INCREASE
APPLICATIONS BY VALLEY DISPOSAL SERVICE, INC. AND ORINDA-MORAGA
DISPOSAL SERVICE, INC.
This item was taken out of order earlier in the agenda.
VIII.
PERSONNEL
1.
J'LJlHORIZE ONE CONSTRUCTION EQUIPMENT OPERATOR POSITION (SALARY RANGE
G-62) WITHIN COLLECTION SYSTEM OPERATIONS DEPARTMENT lHRCUGH
NOVE~ER 15, 1985
This item was taken out of order earlier in the agenda.
IX.
MATTERS FROM lHE PUBLIC
1.
K. BARKER
Letters fran Mr. Kenneth Barker dated June 7, 1985, and June 25,
1985, were received and filed. A presentation was made to the Board of
Directors by Mr. Barker.
X.
ITEMS LATE FOR lHE AGENDA
None
XI.
REPORTS
1.
GENERAL MANAGER-CHIEF ENGINEER
Due to the lateness of the hour, the General Manager-Chief Engineer
deferred his report until the next meeting.
2.
COUNSEL FOR lHE DISTRICT
None
3.
SECRETARY OF THE DISTRICT
a. The Trai ni ng/Conference Summary for the period April-June 1985
was presented.
b. A request for information for the Annual Report was distributed
to Board Members.
4.
BOARD ME~ERS
a. Member Clausen requested and received a brief status report on
the investigation of alternatives for District insurance coverage.
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XII.
MATTERS FROM lHE BOARD NOT ON lHE PßENDA
President Boneysteele requested that staff draft a letter for his
signature supporting continuation of the Clean Water Act's construction
grants program.
XIII.
CLOSED SESSION
This item was taken out of order earlier in the agenda.
XIV.
ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION
This item was taken out of order earlier in the agenda.
XV.
ADJ OORNMENT
There being no further business to come before the Board, President
Boneysteele adjourned the meeting at the hour of 11:13 p.m.
~M 0 the Bœrd ~ r~ors.
Central Contra Costa San ry District,
County of Contra Costa, ate of California
COUNTERS IGNED:
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