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HomeMy WebLinkAboutBOARD MINUTES 05-29-86 131 MINUTES OF THE ADJ OURNED REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MAY 29,1986 The District Board of the Central Contra Costa Sanitary District convened in an adjourned 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 May 29,1986. President Carlson called the meeting to order and requested that the Secretary call roll. I. ROLLCALL PRESENT: Members: Dalton, McNulty, Clausen, Carlson ABSENT: Members: Boney steel e Member Boneysteele had advised the Board that he would be unable to attend this meeting and requested that he be excused. II. PUBLIC COMMENTS None III. APPROVAL OF MINUTES 1. MINUTES OF MAY 15, 1986 It was moved by Member Clausen and seconded by Member McNulty, that the minutes of May 15, 1986, be approved as presented. There being no objection, the motion was approved with Member Boneysteele being absent. IV. HEARINGS 1. CONDUCT A PUBLIC HEARING TO CONSIDER REVISIONS TO TITLE 2 CHAPTER 2.24 ENVIRONMENTAL GUIDELINES BY ORDINANCE AND TO ADOPT AN ORDINANCE INCORPORATING BY REFERENCE THE APPLICABLE CEQA GUIDELINES AS PROMULGATED BY THE CALIFORNIA SECRETARY OF RESOURCES President Carlson indicated that the purpose of this public hearing is to receive publ ic comment on the proposed revisions to Title 2, Chapter 2.24 of the District Code relating to environmental guidelines and on the proposed adoption by reference of the appl icable Cal ifornia Environmental Quality Act (CEQA) guidelines as promulgated by the California Secretary of Resources. Mr. James L. Hazard, Counsel for the Di strict, stated that two ordinances are presented for consideration, one to revise the District Code and one to adopt by reference the applicable state CEQA guidelines. If there are any changes in the interim, those adopted by the California Secretary of Resources will prevail. President Carlson declared the public hearing open at the hour of 7:35 p.m. There being no appearances either in favor of or in opposition to the proposed ordinances, President Carlson declared the public hearing closed and returned the matter to the Board for deliberation. It was moved by Member Dalton and seconded by Member Clausen, that Ordinance No. 158 adopting by reference the 1986 CEQA guidelines promulgated by the California Secretary of Resources be adopted. Motion approved on the following roll call vote: AYE S: Membe rs: Da 1 ton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Membe rs: Boney steel e 05;~\ 29,. 8ß,,¡ 132 It was moved by Member Dalton and seconded by Member Clausen, that Ordinance No. 159 repealing Title 2, Chapter 2.24, Environmental Guidelines, and adopting a new Title 2, Chapter 2.24 of the District Code be adopted. Motion approved on the following roll call vote: AYES: NOES: Members: Dalton, McNulty, Clausen, Carlson Members: None ABSENT: Members: Boneysteele v. CONSENT CALENDAR It was moved by Member Dalton and seconded by Member McNulty, that the Consent Calendar, consisting of three items, be approved as recommended. 1. A three-month medical leave of absence was authorized for James Bolden, Utility Worker. Motion unanimously approved on the following vote: AYES: Members: Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: Boneysteele 2. Joyce McMill an and J ul i e Lopez were authori zed to attend the seminar entitled "Establ ishing and Improving a Records Management Program" on July 21-23, 1986, in San Francisco at a cost of $1500. Motion unanimously approved on the following vote: AYES: Members: Dal ton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: Boneysteele 3. Jacqueline Zayac, Planning/Grants Technician, was authorized to attend the seminar entitled "Citizen Participation by Obj ectives" on June 4 through 6, 1986, in Los Angel es at a cost not to exceed $800. Motion unanimously approved on the following vote: AYES: Members: Dalton, McNulty, Clausen, Carlson NOES: Membe rs: None ABSENT: Members: Boneysteele CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Roger J. Dol an, General Manager-Chief Engi neer, requested that Item XII, Closed Session, be taken out of order when Mr. Gerald Lucey, the District's labor attorney, arrives. The Board concurred. V1. ADMINISTRATIVE 1. REVIEW DISTRICT BOARD MEETING AGENDA FORMAT Mr. Dolan, General Manager-Chief Engineer, stated that the proposed revision to the District Board Meeting agenda format was prepared at the di recti on of the Board to ensure that all members of the publ ic are afforded an equal opportunity to present te$timony for the Board's consideration at a duly noticed public hearing. 05' 29' 86 133 It was moved by Member McNulty and seconded by Member Clausen, that the following revision to the parenthetical note accompanying the Public Comments item on the Di strict Board Meeti ng agenda format be approved: "With the exception of any public hearing 1 isted or any item on which a publ ic heari ng has been closed, the publ ic may comment on any item on this agenda at this time, prior to the Board's deliberation." Motion approved on the following roll call vote: AYES: Members: Dalton, McNulty, Clausen, Carlson NOES: Members: None AB SENT: Members: Boneysteele VII. TREATMENT PLANT 1. AUTHORIZE $14,000 FROM THE SEWER CONSTRUCTION FUND FOR THE PURCHASE OF A GENERATOR Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Dal ton and seconded by Member Cl ausen, that $14,000 be authorized from the Sewer Construction Fund for the purchase of the diesel driven 125 kw generator currently being rented. Motion approved on the following roll call vote: AYES: Members: Da 1 ton, McNulty, Clausen, Carl son NOES: Members: None ABSENT: Members: Boneysteele Mr. Dol an noted that Mr. Lucey had arrived and requested that the Board digress to Item XII, Closed Session, at this time. Board Members voiced no objection to the request. XII. CLOSED SESSION 1. LITIGATION Pursuant to Government Code Section 54956.9(b), a point has been reached when in the opinion of the Board of Directors of the Central Contra Costa Sanitary Di strict 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. 2. PERSONNEL Pursuant to Government Code Section 54957, the closed session was held to discuss personnel matters. At 7:40 p.m., President Carlson declared the closed session to discuss litigation pursuant to Government Code Section 54956.9(b) and personnel pursuant to Government Code Section 54957. AT 7:50 p.m., President Carlson concluded the closed session and reconvened the meeting into open session. XIII. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION President Carlson appointed Mr. Gerald Lucey, Attorney, and Ms. Joyce McMillan, Secretary of the District, as authorized representatives of the Board of Directors to respond to the request from the Management Group to meet and confer. At this time President Carlson returned to the order of the agenda. VIII. BUDGET AND FINANCE 1. RECEIVE 1986-1987 OPERATIONS AND MAINTENANCE BUDGET FOR REVIEW O'~5-( 29' 86 134 Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Walter N. Funasaki, Finance Officer, who provided a brief overview of the 1986-1987 Operations and Maintenance (O&M) Budget noting the establ ishment of a Self Insurance Fund reducing O&M expenses by $231,000 for 1986-1987 and the $253,000 charge off of the Landfill Project to O&M expenses. Mr. Funasaki presented a graphic comparative analysis depicting alternatives for setting the Sewer Service Charge based on retention of a prudent reserve and considering the anticipated revenues and expenditures for the coming fiscal year. Member Cl ausen recommended that $3. mi 11 i on be contri buted to the Di strict's Sel f Insurance Fund in 1986-1987 and that the bal ance of the Fund be increased every year until the appropriate level is reached, and finally that any expenditures from the Fund be replaced. A discussion followed wherein accrued compensated absences and savings in natural gas expenditures were discussed. Following a discussion on the contra charges, staff was directed to add a footnote to Attachment I of the position paper indicating that the total expenses are after contra charges or words to that effect. Presi dent Carl son stated that the Di strict shoul d be more conservative in projecting the number of new connections for the coming year. President Carlson indicated that he advocated a reduction in the Sewer Service Charge, but stressed the importance of avoiding a steep up and down cycle in the Sewer Service Charge rate. Member Dalton concurred. Following discussion, it was the consensus of the Board that staff provide comparative data for Sewer Service Charge levels of $124, $120, $118, and $116 and contributions to the Self Insurance Funds in the amounts of $1 mi 11 ion, $2 mi 11 i on, and $3 mi 11 ion. Staf f was instructed to reduce the interest rate used in comput i ng the bu dget to seven percent. Fi nally, staff was di rected to add a footnote to the contra budget indicating that benefits are to be added and to add an additional 1 ine showing the contra benefits and total overhead. The 1986-1987 Operations and Maintenance Budget was received with the above modifications. Mr. Dol an, General Manager-Chief Engi neer, advised the Board that last year during budget deliberation it was suggested that the order of the agenda be modified to allow approval of the O&M Budget prior to the publ ic heari ng to consi der the Sewer Service Charge rate. Mr. Dol an requested direction from the Board. It was moved by Member Clausen and seconded by Member McNulty, that Resolution No. 86-042 be adopted modifying the order of the agenda for the meeting of June 5, 1986 only; to allow consideration of the O&M Budget prior to del iberation on the Sewer Service Charge rate. Motion approved on the following roll call vote: AYES: Members: Da 1 ton, McNulty, Clausen, Carl son NOES: Members: None ABSENT: Members: Boneysteele Member McNulty inquired as to the status of the connection fees and was advi sed that the Di strict was conducti ng a review of capital rates and charges. Th is work i s based on the fi na 1 SA settl ement and grant audit as well as the Capital Improvements Plan. Staff will be returning to the Board with draft conclusions later in the year. IX. ITEMS LATE FOR THE AGENDA None X. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER O;5~;: ~ 9. S6} 135 a. Mr. Dolan, General Manager-Chief Engineer, distributed the District's 40th anniversary letterhead for Board review and approval. b. Mr. Dolan stated that at the last Board Meeting Plant Operations Department Manager Charles Batts presented an analysis of the draft Basin Plan which was then presented to the Regional Board. Mr. Dolan indicated that he had received favorable comment on Mr. Batts' direct approach and analysis. Mr. Batts is preparing a letter on the subject, copies of which will be forwarded to Board Members. c. Mr. Dolan advised the Board that the District has been nominated for EPA's Program of Operational Excellence. Treatment Plant personnel were congratulated for this achievement. 2. COUNSEL FOR THE DISTRICT Mr. Hazard, Counsel for the District, advised the Board that sanitary districts currently do not have clear, expl icit authority to publish ordinances by summary. Legislation has been drafted and sent to CASA that would give sanitary districts the same rights to publish by summary as counties and cities. The Health and Safety Code does provide that following publication, the Board of Directors can adopt a resolution declaring that such publication was done and that is considered to be concl usive. In the future the Board w ill be requested to adopt a resolution declaring each ordinance fully published. These items will appear on the Consent Calendar. 3. SECRETARY OF THE DISTRICT None 4. BOARD MEMBERS a. Member Dalton reported on the recent Sol id Waste Commission meeti ng at which resol utions adopted by the city of Pittsburg and West Contra Costa Solid Waste Management Authority requesting and/or demanding additional money for diversion of waste from Acme Landfill to east and west county landfills were discussed. Member Dalton was advised that there will be a Sol id Waste Management Advisory Committee (MAC) meeting on June 19,1986, to discuss this and other matters. XI. MATTERS FROM THE BOARD NOT ON THE AGENDA Member McNulty stated that she will be unable to attend the June 5, 1986 Board Meeting and requested that she be excused. XII. CLOSED SESSION This item was taken out of order earlier in the agenda. XIV. ADJ OlJRNMENT There being no further business to come before the Board, President Carlson adjourned the meeting at the hour of 9:02 p.m. ~ President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: /1 CL ¿. D') c(Y- [L,tlÆ,-./ cr tary of the Central Contra osta Sanitary District, County of Contra Costa, State of California Oá~~, 2:9; 86,