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HomeMy WebLinkAboutBOARD MINUTES 04-17-86 112 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON APRIL 17, 1986 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 April 17,1986. President Carlson called the meeting to order and requested that the Secretary call roll. I. ROLL CALL PRESENT: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson ABSENT: Members: None II. PUBLIC COMMENTS None III. APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF APRIL 3, 1986 It was moved by Member Dalton and seconded by Member McNulty, that the minutes of April 3, 1986, be approved as presented. There being no objection, the motion was unanimously approved. IV. EXPENDITURES 1. EXPENDITURE LIST DATED APRIL 17,1986 Member Dalton, member of the Budget and Finance Committee, stated that he and Member Clausen have reviewed the expenditures and found them to be satisfactory. It was moved by Member Dalton and seconded by Member Clausen, that the Expenditure List dated April 17, 1986, including Running Expense Warrant Nos. 25238-25496 and Sewer Construction Warrant No. 3577-3613, be approved as presented. There being no objection, the motion was unanimously approved. V. HEARINGS CONSIDER THE APÆAL OF JAMES A. REINER FROM THE PROPOSED ACTION AGAINST THE SECURITY BOND FOR SUBDIVISION 6359 1. Mr. James L. Hazard, Counsel for the District, reported that Mr. John Milgate, attorney for Mr. Reiner, has requested that this matter be continued to May 15, 1986 to allow settlement negotiations to continue. This item has been calendared on the closed session agenda if the Board should have any questions. It was moved by Member Clausen and seconded by Member McNulty, that this matter be continued to May 15, 1986 as requested by Mr. Reiner. There being no objection, the motion was unanimously approved. VI. CONSENT CALENDAR It was moved by Member Dalton and seconded by Member Clausen, that the Consent Calendar, consisting of three items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resolution No. 86-028 accepting an easement at no cost to the District from D. P. REYNOLDS, et ux, Lafayette area (Job 4150- Parcel 3) was adopted and recording authorized. 0 4 i,i ~1 7,: 86 113 2. Authorization was given for P.A. 86-10, -11, -12 (Walnut Creek) and P.A. 86-13 (Oanville) to be included in a future formal annexation to the District. 3. The Board was advi sed of the close out of the Hol di ng Basi n "C" Renovation Project <District Project 3615) and the return of $35,959 to the Sewer Construction Fund. With regard to annexation of properties to the District because of failing septic tanks, Member Clausen inquired if a survey of the adjacent properties is done to determine if there are other failing septic tanks in the area or if the Health Department is contacted. Mr. Roger J. Dolan, General Manager-Chief Engineer, indicated that that is not the District's practice. Member Boneysteele stated that this would be a drastic change in pol icy. If the Board is to consider this matter it should be presented in a position paper. Following discussion, the above motion relating to the Consent Calendar was unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None To cl arify the di scussion, Presi dent Carl son stated that one Board Member objects to contacting the Health Department with regard to failing septic tanks. Since that Board Member feel s so strongly about that, staff is requested to develop a policy and come back to the Board with an approach for handling failing septic tanks. Mr. Dol an stated that at the time staff makes the presentation to the Board of Directors on the Collection System Master Plan, staff will specifically address the issue of the impact of the connection of septic tanks to our system and by so doing, will be able to get a sense of the magnitude of the probl em. Thi s woul d not invol ve a pol icy change but could possibly entail telephone conversations with the Health Department within the scope of normal staff activities. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Hazard, Counsel for the Di strict, requested that Items VIII., Solid Waste, and XIII., Closed Session, be taken out of order to accommodate interested persons in the audience. President Carlson departed from the order of the agenda. VIII. SOL ID WASTE AUTHORIZE EXECUTION OF THE RENEGOTIATED REFUSE COLLECTION FRANCHISE AGREEMENT WITH PLEASANT HILL BAY SHORE DISPOSAL SERVICE 1. Mr. Dolan, General Manager-Chief Engineer, reported that on February 6, 1986, the Board of Directors authorized execution of the renegotiated refuse collection franchise agreement with Pleasant Hill Bay Shore Disposal Service, contingent upon receipt of a comprehensive and acceptable rate application by March 31,1986. That rate application has been received. The summary report for this application was distributed to the Board at the last meeting. It is therefore appropriate for the Board to consider the final execution of the franchise agreement at this time. It was moved by Member Dalton and seconded by Member Clausen, that execution of the renegotiated refuse collection franchise agreement with Pleasant Hill Bay Shore Disposal Service be authorized effective April 1, 1986. Motion unanimously approved on the following roll call vote: 04 '17 86 , '" Ii' ", - ~, 114 AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None XIII. CLOSED SESSION 1. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a). The title of the litigation di scussed was: a. CCCSD v. CCWD (Alum Sludge) Contra Costa County Superior Court No. 253195 2. INITIATION OF LITIGATION Pu rsuant to Government Code Section 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 disclosed because to do so would jeopardize the ability of the District to effectuate service of process or to advantageously conclude existing settlement negotiations. At 8:02 p.m., President Carlson declared the closed session to discuss litigation pursuant to Government Code Sections 54956.9(a) and (c). At 8:31 p.m., President Carlson concluded the closed session and reconvened the meeting into open session. XIV. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION It was moved by Member Dalton and seconded by Member McNulty, that the proposed settlement in the matter of CCCSD versus Contra Costa Water District (Alum Sludge), Superior Court No. 253195, be approved and executi on of the settl ement agreement by the Presi dent of the Board of Di rectors be authorized subject to approval by Counsel for the Di strict and the recommendati on of the General Manager-Chief Engi neer. Mati on unanimously approved on the following roll call vote: AYES: NOES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson Members: None ABSENT: Members: None President Carlson returned to the order of the agenda. VII. BUDGET AND FINANCE 1. RECEIVE MARCH 1986 FINANCIAL STATEMENTS Mr. Walter N. Funasaki, Finance Officer, summarized the results of operations and maintenance for the month of March 1986, noting that expenditures were $74,000 less than budget resulting in a 4.7 percent favorable variance. For the nine months ended March 1986, the actual operations and maintenance expenditures were $302,000 less than budget, representing a 2.2 percent favorable variance. The District's temporary investments are currently held in a Federal National Mortgage Association note, collaterialized certificates of deposit, bankers' acceptances, and commerci al paper with interest rates rangi ng from 8.5 percent to 7.4 percent. The most recent rate is 7.4 percent. Di scussi on followed relating to main lines inspection, plan review, septic tank dumping, and interest income revenue items and 1 ime, ash removal, and sludge removal expenditures. Mr. Jay McCoy, Construction Division Manager, reviewed District Project 3694, Multiple Hearth Furnace Control Room, and District Project 20014, SA-l Seismic Modifications. Hearing no objection, President Carlson .,' Fiinanci aT Statemeritswere received. 0 4 "'1 7 8 6 . declared that the March 1986 115 VIII. SOLID WASTE AUTHORIZE EXECUTION OF THE RENEGOTIATED REFUSE COLLECTION FRANCHISE AGREEMENT WITH PLEASANT HILL BAY SHORE DISPOSAL SERVICE 1. This item was taken out of order earlier in the agenda. IX. ÆRSONNEL RECEIVE AND CONSIDER ÆRSONNEL BUDGET REQUESTS FOR FISCAL YEAR 1986-87 1. Member McNulty, member of the Personnel Committee, stated that she and Member Boneysteele have met with staff on two occasions to review the Personnel Budget requests. Following the first meeting amendments were made and those amendments have been incorporated into the request before the Board. The Personnel Committee concurs with the recommendation and endorses the Personnel Budget requests. Deputy General Manager Paul Morsen and Deputy Chief Engineer Robert A. Baker briefly summarized the requested positions and justification for each. Mr. Baker requested and received Board concurrence to present a position paper on May 1, 1986, requesting authorization to fill one of the proposed Associate Engineer positions from an existing list. Member Clausen stated that by approving the Personnel Budget requests, the Board is in effect approving the capital outlay for the year. Member Clausen recommended that a Capital Budget be approved prior to consideration of the Personnel Budget. Mr. Dol an, General Manager-Chief Engineer, indicated that staff is aware of this problem and for that reason has prepared the draft Capital Improvements Plan which was reviewed with the Capital Projects Committee. Foll owing the O&M Budget review and approval, the final draft of the Capital Improvements Plan will be prepared and presented to the Board. Member Clausen indicated that he realized that it was too late to change the procedure for this year, but that he had several ideas that he had presented to the Secretary in writing concerning the capital budgeting. Mr. Dolan indicated that a Capital Projects Board Committee Meeting was scheduled for April 23,1986, and Member Clausen's memos were on the agenda. Following discussion, the Personnel Budget for Fiscal Year 1986-87, items one through eighteen, was received. X. ITEMS LATE FOR THE AGENDA None XI. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. The District Travel Expense Pol icy was reviewed. Following discussion, it was moved by Member Dalton and seconded by Member Clausen, that the Board and designated staff members be authorized to attend the May CASA meeting. There being no objection, the motion was unanimously approved. b. Mr. Dolan reported on the Cal ifornia Water Pollution Control Association (CWPCA) annual meeting held in Fresno. Mr. Robert Baker was chai r of the three-day program. Mr. Randy Grieb presented a paper on furnace start up. Mr. Bhupi nder Dhal iwal received the Cal iforni a State Laboratory Person of the Year Award. c. We are currentl y adverti si ng for several sewer construction proj ects, th ree in Ori nda, one in Ma rti nez, and a pump stati on in Lafayette. d. In accordance with the current Memorandum of Understand~ng, all employees will receive a five percent salary increment effective May 1, 0 4 ~; ,,1 7 . ".f .. t56 116 with the exception of the General Manager-Chief Engineer who is asking for no increase. e. Following discussion, it was moved by Member Boneysteele and seconded by Member Dalton, that Mr. Roger J. Dolan, the General Manager-Chief Engineer, be authorized to travel to Japan to present a paper on advanced waste treatment to the Japan Sewage Works Association. There being no objection, the motion was unanimously approved. f. Mr. Dolan, General Manager-Ghief Engineer, highlighted the proposed Equipment Budget requests and indicated that these requests will be reviewed with the Capital Projects Committee prior to presentation to the full Board. 2. COUNSEL FOR THE DISTRICT None 3. SECRETARY OF THE DISTRICT a. The Training and Conference Summary for the period January through March 1986 was distributed. b. Assembly Bill 2674 dealing with local agencies' open meetings was di scussed. Member Boneysteele reported that the CASA Legi sl ative Committee is working on this. It was the consensus of the Board that revisions to the District's agenda format and meeting procedures be deferred pending the outcome of AB 2674. 4. BOARD MEMBERS a. Member Boneysteele reported that Senate Bill 1844 deal ing with Directors' compensation is out of the Senate Local Government Committee and making progress. b. Member Dalton reported that at the April 16 Solid Waste Commission meeting a study session was held to consider import of garbage into this County. It was determined that the right of the franchisees to import could not be refused or restricted unless a change is made in the contracts. XII. MATTERS FROM THE BOARD NOT ON THE AGENDA None 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 OURNMENT There being no further business to come before the Board, President Carlson adjourned the meeting at the hour of 10:12 p.m. President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: /' \"7' . - L¿ / L C¡ n cLLÚ4\.-J Se a y of the Central Contra Cos a Sanitary District, County of Contra Costa, State of California 04'::'17" 86