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Home My WebLink AboutBOARD MINUTES 11-19-85 39 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON NOVEMBER 19,1985 The District Board of the Central Contra Costa Sanitary District convened in a regular meeting at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 7:30 p.m. on November 19,1985. President Boneysteele called the meeting to order and requested that the Secretary call roll. I. ROLL CALL PRESENT: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele ABSENT: Members: None II. PUBLIC COMMENTS None III. EXPENDITURES 1. EXPENDITURE LIST DATED NOVEMBER 19,1985 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 November 19, 1985, including Running Expense Warrant Nos. 22759-22809 and Sewer Construction Warrant Nos. 3308-3314, be approved as presented. Motion unanimously approved on the following roll call vote: AYES: NOES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele Members: None ABSENT: Members: None IV. BIDS AND AW ARDS 1. AWARD A PURCHASE ORDER FOR THE MANUALLY OPERATED SLIDE GATES TO WATERMAN INDUSTRIES AND AUTHORIZE $28,600 FROM THE SEWER CONSTRUCTION FUND FOR THE PREAERATION TANK ISOLATION GATE PROJECT, DISTRICT PROJECT NO. 20030 Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Carlson and seconded by Member Dalton, that award of a purchase order be authorized to Watenman Industries for four manually operated slide gates for $16,723, and that $28,600 be authorized from the Sewer Construction Fund to complete the design installation. Motion unanimously approved on the following roll call vote: AYES: NOES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele Membe rs: None ABSENT: Members: None V. CONSENT CALENDAR It was moved by Member Clausen and seconded by Member Dalton, that the Consent Calendar, consisting of four items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resolution No. 85-137 accepting an easement at no cost to the District from D. C. HARWOOD, Diablo area (Job: 3,959 - Parc~l 2) was adopted. ~. ,r't ,;I ):; ~ 85; 11 , 19 40 Motion unanimously approved on the following roll call vote: AYES: NOES: Membe rs: Carlson, Dalton, Schmidt, Clausen, Boneysteele Members: None ABSENT: Members: None 2. Resolution No. 85-138 accepting an easement at no cost to the District from CLAUDE T. LINDSAY, INC., Orinda area (Job 4120 - 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 3. Resol ution No. 85-139 accepti ng an easement at no cost to the District from CLAUDE T. LINDSAY, INC., Orinda area (Job 4120 - 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 4. Authorization was given for P.A. 85-27 CDanville) to be included in a future formal annexation to the District. Motion unanimously approved on the following roll call vote: AYES: Members: Carl son, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Membe rs: None CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None VI. ADMINISTRATIVE 1. AUTHORIZE EXECUTION OF AGREEMENT WITH DAVID M. GRIFFITH AND ASSOCIATES FOR INDIRECT COST RATE CALCULATION SERVICES FOR $10,000 TO BE DRAWN FROM THE SEWER CONSTRUCTION FUND Mr. Dolan, General Manager-Chief Engineer, stated that this calculation of the indirect cost rate is related to grant processing. It is a follow-on piece of work to a previous Board authorization. It was moved by Member Dalton and seconded by Member Clausen, that execution of an agreement with David M. Griffith and Associates for services in developing indirect cost rates for a fixed fee of $10,000 to be drawn from the Sewer Construction Fund be authorized. There being no objection, the motion was unanimously approved. 2. CONSIDER A REQUEST FOR EMERGENCY WITHDRAWAL OF FUNDS FROM THE DEFERRED COMPENSATION PLAN It was moved by Member Dalton and seconded by Member Carlson, that William H. Perez's request for an emergency withdrawal of $3,850 from the Deferred Compensation Pl an be approved as recommended by the Deferred Compensation Plan Advisory Committee. There being no objection, the motion was unanimously approved. 11 19 85 ; 41 VII. ENGINEERING AUTHORIZE $25,000 FROM THE SEWER CONSTRUCTION FUND FOR DESIGN OF SEWER REPAIRS AT LOS ARABIS DRIVE (DISTRICT PROJECT NO. 4152) 1. Mr. Dolan, General Manager-Chief Engineer, stated that installation of sanitary sewer facilities is requi red to provide continued adequate service to upstream properties from 3881 Los Arabis Drive, Lafayette. This situation results from a landslide that took out the District pipeline. The District has been sued and is also a plaintiff. A summary of the legal issues were provided at the quarterly update on litigation. Mr. James L. Hazard, Counsel for the District, advised that if the Board wishes to discuss this matter as it relates to existing and future litigation, it would be appropriate to do so in closed session. Member Carl son requested that th i 5 matter be deferred until after discussion of the litigation issues in closed session. VIII. BUDGET AND FINANCE 1. RECEIVE OCTOBER 1985 FINANCIAL STATEMENTS Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Walter N. Funasaki, Finance Officer, who highlighted results of operations and maintenance for the month of October 1985, noting that expenditures exceeded budget by $49,000, representing a 3.3 percent unfavorable variance. Year-to-date expenditures were $239,000 less than budget for a 4.0 percent favorable variance. The District's temporary investments are currently held in a Federal National Mortgage Association note, col 1 ateralized certi ficates of deposit, commerci al paper, and bankers' acceptances with interest rates ranging from 9.5 to 7.5 percent. The latest rate is in the 7.9 percent range. The percentage of the District's temporary investments held in Citicorp collateralized certificates of deposit was discussed with respect to the District's investment policy. Mr. Funasaki will continue to monitor these investments. Mr. Robert A. Baker, Deputy Chief Engineer, and Mr. Jay S. McCoy, Construction Division Manager, presented a capital project review of District Project No. 4000, Repair Creek Bank at Evergreen Drive, and District Project No. 3816, Hydraulic Expansion. Slides showing the progress of work on both projects were presented. Hearing no objection, President Boneysteele declared that the October 1985 Financial Statements were received. IX. SOLID WASTE 1. RECEIVE DRAFT OF RENEGOTIATED REFUSE COLLECTION FRANCHISE AGREEMENT AND SCHEDULE PUBLIC HEARING DATE Deputy General Manager Paul Morsen and District Counsel James L. Hazard presented the draft renegotiated refuse collection franchise agreement. Following comments and guidance from the Members of the Board with regard to specific sections of the draft renegotiated refuse collection franchise agreement, it was moved by Member Dalton and seconded by Member Carlson, that the draft renegotiated refuse collection franchi se agreement be received and that a public hearing be schedul ed for December 19, 1985, to receive public comment on the draft renegotiated refuse col lection franchise agreement. Motion unanimously approved on the following roll call vote: AYES: NOES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele Members: None ABSENT: Members: None X. ITEMS LATE FOR THE AGENDA None ll',';'i 1"9.",' 85' , .~. -I ',' 1: " 42 XI. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. A status report of the Fair Labor Standards Act (Garcia Decision) was presented. The effective date has been postponed until April 15, 1986. b. Criteria for the landfill site selection has been distributed. Staff will carry any suggested changes or additions from the Board to the Phase II study team. c. Southern Pacific right-of-way negotiations are continuing. Staff hopes to have an agreement consistent with the Board's direction for consideration at the December 5,1985 meeting. 2. COUNSEL FOR THE DISTRICT None 3. SECRETARY OF THE DISTRICT None 4. BOARD MEMBERS Member Carlson provided a Personnel Committee report on the District Secretary's annual evaluation. It was moved by member Carlson and seconded by Member Clausen, that the Board be appointed as a committee to meet and confer in closed session with their direct employee, the Secretary of the District, pursuant to Government Code Section 54957. There being no objection, the motion was unanimously approved. XII. MATTERS FROM THE BOARD NOT ON THE AGENDA It was moved by Member Dalton and seconded by Member Carlson, that Resolution No. 85-136 commending Smitty L. Schmidt for his service to the District be adopted. Motion unanimously approved. President Boneysteele presented Member Schmidt with a copy of the resolution and a pen set in appreciation for hi? loyal representation of the District. On behalf of the Board of Directors and staff, President Boneysteele invited Member Schmidt to maintain an active interest in the District. Member Schmidt thanked the Board and staff, indicating that his tenure has been short but enjoyable. XIII. CLOSED SESSION 1. PERSONNEL With respect to personnel, the closed session was held pursuant to Government Code Section 54957. The Board appointed committee will meet and confer with their direct employee, the Secretary of the District. 2. LITIGATION With respect to existing litigation, the closed session was held pursuant to Government Code Section 54956.9(a). The title of the litigation discussed was: a. Mellon Bank v. Shelter Development v. CCCSD Contra Costa County Superior Court No. 252419 At 11:05 p.m., President Boneysteele declared the closed session to discuss personnel pursuant to Government Code Section 54957 and litigation pursuant to Government Code Section 54956.9(a>. At 12:14 p.m., President Boneysteele concluded the closed session and reconvened the meeting into open session. ].1 1::9 85 43 XIV. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION It was moved by Member Carlson and seconded by Member Clausen that compensation for the Secretary of the District be increased by seven and one-half percent. 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 to Item VII. 1, which was deferred pending discussion of litigation in closed session. VII. ENGINEERING AUTHORIZE $25,000 FROM THE SEWER CONSTRUCTION FUND FOR DESIGN OF SEWER REPAIRS AT LOS ARABIS DRIVE (DISTRICT PROJECT NO. 4152) 1. It was moved by Member Carlson and seconded by Member Clausen, that $25,000 be authorized from Sewer Construction Funds for the design of a pump station and force main to serve the homes in the vicinity of 3881 Los Arabis Drive, Lafayette, California. There being no objection, the motion was unanimously approved. xv. ADJOURNMENT There being no further business to come before the Board, President Boneysteele adjourned the meeting at the hour of 12:16 a.m. 1 rectors, ary Di strict, tate of California COUNTERSIGNED: /1 6 ìn . Sf{é~ of' the ~tra Cbáta Sanitary District, County of Contra Costa, State of California 11 19 85