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HomeMy WebLinkAboutBOARD MINUTES 07-18-85 220 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JULY 18,1985 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 July 18,1985, at 7:30 p.m. President Boneysteele called the meeting to order and requested the Secretary call roll. I. ROLL CALL PRESENT: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele ABSENT: Members: None II. EXPENDITURES 1. EXPENDITURE LIST DATED JULY 18,1985 It was moved by Member Dalton, seconded by Member Schmidt, that the Expenditure List dated July 18, 1985, including Running Expense Warrant Nos. 20700-20872; and Sewer Construction Warrant Nos. 3096-3108, be approved as presented. There being no objections, the motion was unanimously approved. III. HEARINGS 1. CONDUCT A PUBLIC HEARING TO CONSIDER THE APPLICATIONS FOR REFUSE COLLECTION RATE INCREASES BY VALLEY DISPOSAL SERVICE, INC. AND ORINDA-MORAGA DISPOSAL SERVICE, INC. President Boneysteele welcomed members of the public to the hearing and stated the purpose of the heari ng was to receive publ ic comment regarding the application for increases in refuse collection rates by Valley Disposal Service and Orinda-Moraga Disposal Service. Mr. Roger J. Dol an, General Manager-Chief Engi neer, stated that a workshop was held on July 11, 1985. Mr. Dolan indicated that District staff and a representative of Price Waterhouse will review the information presented at the workshop and provide the additional information requested by the Board at that time. Mr. Walter N. Funasaki, Finance Officer, introduced Mr. Robert Hilton of Price Waterhouse, who gave a brief slide presentation summarizing the Price Waterhouse report of findings on the review of the basis for the Acme Landfill tipping fee increase. He advised the Board that Acme Fill increased their members' tipping fees because of an increase in expenses of approximately 53 percent mainly due to closure costs, contingency costs regarding the closure, and startup cost for the new area. These increases were substantiated by Price Waterhouse. Mr. Walter N. Funasaki summarized the the results of the District staff analyses of the Valley Disposal and Orinda-Moraga rate increase applications. Presi dent Boneysteel e decl ared the publi c heari ng open at the hour of 8:25 p.m. and acknowledged receipt of written correspondence from Mr. Sanford Skaggs and the City of Orinda. Mr. Sanford Skaggs, the attorney representing Valley Disposal Service and Orinda-Moraga Disposal Service, stated that the requested rate increases are reasonable and compared them with collection rates of other agencies. Mr. Skaggs also advised of a pending increase in insurance premiums for both refuse collectors, and stressed the projected growth in the San Ramon Valley provides incentive for efficient operation by the company. President Boneysteele declared a recess at the hour of 8:55 p.m., reconvening at the hour of 9:02 p.m., with all parties present as ~~signa~d heretofore. 07 18 85 221 President Boneysteele asked to receive comments from members of the public. Ms. Margaret de Priester, Council Member and Moraga Vice-Mayor, questioned the high rate increase and the three-month lag in setting the rates. Ms. de Priester stated that the Moraga Town Council urges the Board of Directors to accept the District staff recommendation with regard to the requested rate increases. Ms. Helen Bolling of Orinda stated she was against the rate increase saying it was high in comparison with other cities. She inquired whether the Board has considered opening the garbage franchises for bid. Ms. Kathleen Nimr, Solid Waste Chair for the Diablo Valley League of Women Voters, commended the District for publ icizing the hearing. She stated she was against the rate increase. She reported Acme's closure and post-closure pl ans have not been submitted to any agency. Ms. Nimr recommended that a process be established at the County level to set rates for Acme. Ms. Nimr stated that Price Waterhouse reviewed Acme's financial statements and not the books. More information needs to be elicited before the actual rate increase is granted. Mr. Hil ton of Price Waterhouse stated that the Acme financi al statements for the 1 ast four years were reviewed. These statements are mai ntai ned by an accounti ng fi rm and are used for preparati on of tax returns for the company. Questions about specific accounts were taken from the ledger which were available when and if they were needed. Mr. Kenneth Barker of Alamo requested that the Board's decision be hel d over pendi ng further study of the garbage companies' records. He questioned the publication of last week's meeting and the franchise owners' salaries. Following discussion relative to questions raised by the public, President Boneysteele closed the public hearing at the hour of 10:17 p.m. President Boneysteele declared a recess at the hour of 10:18 p.m., reconvening at the hour of 10:26 p.m., with all parties present as designated heretofore. Following deliberation, it was moved by Member Carlson and seconded by Member Schmi dt, that the proposed rates for Ori nda-Moraga Di sposal Service, Inc. as set forth on Exhibits A and B be adopted effective July 1,1985, and that a resolution be adopted to that effect (Resolution No. 85-065). Motion approved on the following roll call vote: AYES: Members: Carlson, Dalton, Schmidt NOES: Members: Clausen, Boneysteele ABSENT: Members: None Members Cl ausen and Boneysteel e voted no for the reason that they were opposed to recovery of expenses in a 9-month period rather than the normal 12-month period. It was moved by Member Carlson and seconded by Member Schmidt, that the proposed rates for Vall ey Di sposal Service, Inc. as set forth on Exhibit A be adopted effective July 1, 1985, and that a resolution be adopted to that effect (Resolution No. 85-066). Motion approved on the following roll call vote: AYES: Members: Carlson, Dalton, Schmidt NOES: Members: Clausen, Boneysteele ABSENT: Members: None Members Cl ausen and Boney steel e voted no for the reasons, among others, that they were adverse to recovery of expenses in a 9-month 07 Ii8~) 8~'~ " ;) j, 222 rather than the normal 12-month period and because they supported an adjustment to offset the estimated $117,000 Workers' Compensation Insurance return premium. IV. BIDS AND AWARDS 1. ~ARD CONSTRUCTION CONTRACT FOR INSTALLING 1WO BAR SCREENS AND AUTHORIZE $159,745 FROM SEWER CONSTRUCTION FUNDS FOR DISTRICT PROJECT NO. 2000 Mr. Robert Baker, Deputy Chief Engineer, reviewed the bids received. It was moved by Member Dal ton, seconded by Member Carl son, that the construction contract for Bar Screen Installation, District Project No. 2000, be awarded to Dalzell Corporation, the lowest responsible bidder, and that $159,745 in Sewer Construction Funds be authorized for the construction contract, force account, and conti ngenci es. Moti on 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 Carlson, seconded by Member Clausen, that the Consent Calendar, consisting of three items, be approved as recommended, and recordings duly authorized. 1. Accept the contract for construction of Plant Operations Building HVAC Chlorine Exclusion (Project 20006), and authorize the filing of the Notice of Completion. 2. Accept the contract for constructi on of 1250 Spri ngbrook Road Remodel, Walnut Creek (Project 3836), and authorize the filing of the Notice of Completion. 3. Authorize a medical leave of absence for Doyle Hill, Instrument Technician. There being no objection, the motion was unanimously approved. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. VI. ENGINEERING 1. AUTHORIZE THE GENERAL MAN.ÞßER-CHIEF ENGINEER TO EXECUTE A CONTRACT WITH VILLALOBOS & ASSOCIATES FOR PROFESSIONAL SERVICES AND AUTHORIZE $16,560 IN SEWERCõNSTRUCTION FUNDS FOR DESIGN OF A CORROSION PROTECTION SYSTEM FOR STAGE 5B Member Schmidt commented the position paper was well-prepared. It was moved by Member Dalton, seconded by Member Carlson, that the General Manager-Chief Engineer be authorized to execute a lump sum contract with Villalobos & Associates for professional services and that $16,560 in Sewer Construction Funds be authorized for design of a Corrosion Protection System for the Stage 5B 15 MGD Hydraulic Expansion and Sl udge Thickeni ng Facilities. Motion unanimously approved on the following roll call vote: AYES: Members: Carl son, Dal ton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 2. HOLD STUDY SESSION TO REVIEW PROPOSED SCHEDULE AND ESTABLISH DATE FOR lHE PUBLIC HEARING ON lHE PROPOSED NEW SCHEDULE OF PLAN REVIEW FEES, INSPECTION FEES, AND MISCELLANEOUS CHARGES FOR PRIVATE SEWER CONSTRUCTION FlROJ ECTS 1 07 223 Mr. James Kelly, Planning Division Manager, explained the way in which costs were established. Mr. Roger J. Dolan, General Manager-Chief Engineer, advised that the bas is of the cost est i mate for the inspect i on of manholes was in error and should be $70 rather than the $270 figure listed on Attachment A, Tabl e A-I. It was moved by Member Carl son, seconded by Member Schmi dt, that August 1,1985, be established as the date for the public hearing on the proposed new schedule of plan review fees, inspection fees, and miscellaneous charges for private sewer construction projects; and that District staff be authorized to publish a notice of the public hearing. The motion was unanimously approved on the following roll call vote: AYES: Members: Carl son, Dal ton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 3. - . -- -- - - -. - - - - - - 8UTHORIZEJHLGENERAL- --MANAGER~CI:IIEfE~GINEER TO EXECUTE A CONTRACT lliH JAMES R. STEDMAN AND ASSOCIATES AND AUl1!QßUI....$35,OOO FROM TIj,£ SEWER CONSTRUCTION. FUND FOR DESIGN OF DISTRICT PROJ ECTNO. 4093 It was moved by Member Carlson, seconded by Member Dalton, that the General Manager-Chief Engineer be authorized to execute a contract for professional engi neeri ng services with James R. Stedman and Associ ates, and that $35,000 from the Sewer Construction Fund be authorized for design of District Project No. 4093, Watershed 44, West Trunk Sewer Para 11 el i n the North Concord/Cl yde area. The moti on was unani mousl y approved on the following roll call vote: AYES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele NOES: ABSENT: Members: None Members: None VII. LEGAL/LITIGATION 1. DENIAL OF SUBROGATION CLAIM FROM STATE FARM INSURANCE It was moved by Member Cl ausen, seconded by Member Carl son, that State Farm's claim against the District be denied and referred to the Risk Manager for further action as necessary. The motion was unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteåle NOES: Members: None ABSENT: Members: None VIII. ITEMS LATE FOR THE AGENDA None. IX. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Public agency insurance costs will be on the CASA Manager's Committee agenda for August. b. Board Members were invited to the District Safety Picnic to be held on September 7,1985. c. A status report was given on the Furnace Control Room Project. 07 1...Q.,~ °..5' ~q (>', , ~ '" .., ,. 224 d. Mr. Robert A. Baker will be Acting General Manager during Mr. Dolan's absence in the upcoming week. e. Mr. Dolan introduced Mr. Paul Morsen, Deputy General Manager, who briefed the Board on the Garcia Decision (mandatory payment for overtime) and the impacts on the District. 2. COUNSEL FOR THE DISTRICT None 3. SECRETARY OF THE DISTRICT None 4. BOARD ME~ERS Member Dalton reported on the Solid Waste Commission Meeting held on J ul y 17, 1985. X. MATTERS FROM lHE BOARD NOT ON lHE AGENDA It was moved by Member Carlson and seconded by Member Dalton, that Board Members, District Counsel, and designated staff members be authorized to attend CASA on August 14-17, 1985. There being no objection, the motion was unanimously approved. XI. CLOSED SESSION 1. EXISTING LITIGATION With respect to exi sti ng 1 iti gati on, the closed sessi on is bei ng held pursuant to Government Code Section 54956.9(a). The titles of the litigation to be discussed are: a. CCCSD v. Contra Costa Water District (Alum Sludge) Contra Costa County Superior Court No. 253195 b. Contra Costa Water District v. CCCSD (Water Reclamation) Contra Costa County Superior Court No. 258786 c. Peterson-Simpson v. CCCSD Contra Costa County Superior Court No. 190885 At 11:50 p.m., President Boneysteele declared the closed session to discuss existing litigation. At 12:07 a.m., President Boneysteele concluded the closed session and reconvened the meeting into open session. XII. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None. XIII. ADJ OORNMENT There being no further business to come before the Board, President Boneysteele adjourned the meeting at the hour of 12:08 a.m. COUNTERSIGNED: 07