HomeMy WebLinkAboutBOARD MINUTES 06-05-86
136
MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE CENTRAL CONTRA
COSTA SANITARY DISTRICT HELD ON JUNE 5, 1986
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, at
7 :30 p.m. on June 5, 1986.
President Carlson called the meeting to order and requested that the
Secretary call roll.
I.
ROLL CALL
PRESENT:
ABSENT:
Members:
Boneysteele, Dalton, Clausen, Carlson
Members:
McNul ty
Member McNul ty had previously indicated she woul d be unabl e to
attend this meeting and requested that she be excused.
II.
PUBLIC COMt-£NTS
None
II 1.
EXPENDITURES
1.
EXPENDITURE LIST DATED JUNE 5, 1986
Member Dalton, member of the Budget and Finance Committee, stated 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 June 5, 1986, including Running Expense
Warrant Nos. 25926-26411, Sewer Construction Warrant Nos. 3648-3703, and
Payroll Warrant Nos. 6951-7184, be approved as presented. There being no
objection, the motion was approved with Member McNulty being absent.
IV.
BUDGET AND FINANCE
1.
APPROVE THE 1986-1987 OÆRATIONS AND MAINTENANCE BUDGET
Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that at
the May 29,1986, Board Meeting, a workshop was held to discuss in detail
the proposed 1986-1987 Operations and Maintenance (O&M) Budget. At that
time the Board directed staff to make a number of changes in the budget
presentati on and to prov i de fu rther documentati on on the rate-setti ng
aspect of the proceedings. Those changes and additional information are
incorporated in the proposed O&M Budget under consideration at this time.
Staff is prepared to answer any questions.
It was moved by Member Clausen and seconded by Member Dalton, that
the 1986-1987 Operations and Maintenance Budget be approved and that the
contract for legal services with the 1 aw fi rm of Sell ar, Hazard, Snyder,
Kelly & Fitzgerald be approved. Motion approved on the follOtiing roll
call vote:
AYES:
Members:
Boneysteele, Dalton, Clausen, Carlson
NOES:
ABSENT:
Members:
None
Members:
McNulty
V.
HEARING S
1.
CONDUCT PUBLIC HEARINGS FOR EST,48LISHING THE 1986-1987 SEWER SERVICE
CHARGE RATES AND FOR THEIR COLLECTION, AS WELL AS THE COLLECTION OF
DELINQUENT SEWER SERVICE CHARGES, ON THE COUNTY TAX ROLL
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President Carlson indicated that three separate public hearings will
be conducted. The purpose of the three hearings will be to obtain public
comment regarding establ ishing the 1986-1987 Sewer Service Charge rates,
the collection of the 1986-1987 Sewer Service Charges on the County tax
roll, and the collection of Delinquent Sewer Service Charges on the
County tax roll.
PUBLIC HEARING FOR 1HE PURPOSE OF ESTABLISHING THE 1986-1987 SEWER
SERVICE CHARGE RATES
la.
Mr. Dolan, General Manager-Chief Engineer, stated that 1985-1986 was
a banner year at Central Contra Costa Sanitary District. Primarily
because of increased revenue, the level of reserves has increased over
the last year. Operation of the furnaces has resulted in significant
savings in sludge disposal costs. In the coming year there will be a
reduction in insurance costs due to implementation of the District's Self
Insurance Fund. Al so due to reduced gas rates the pl ant expects lower
utility costs. Principally, as a result of lower projections for
inflation, the predictions for the long term level of the District's O&M
reserve appear even more favorabl e thi s year then 1 ast year. It woul d
therefore be appropriate to consider a reduction in the Sewer Service
Charge rate.
Mr. Dolan introduced Mr. Walter N. Funasaki, Finance Officer, who
summarized the effect of the 1985-1986 resul ts of operati ons and the
budgeted 1986-1987 results of operations on the O&M Fund retained
earnings. Mr. Funasaki presented graphic comparisons of alternatives for
setting the Sewer Service Charge considering the projected revenues and
expenditures for the coming fiscal year and maintenance of appropriate
1 evel s of reserves. In the past, the Di strict has consi dered a prudent
reserve to be 10 percent of budgeted expenditures. The requirement for
reserves is related to the level of risk of unanticipated loss. Since
the District is now self insured, it is appropriate to think of the Self
Insurance Fund in conjunction with the O&M reserve when making decisions
as to the appropriate level of the reserve. Mr. Funasaki then presented
graphics showing the effect of contributing $1 million, $2 million, and
$3 million to the Self Insurance Fund.
At 8:05 p.m., President Carlson opened the public hearing and stated
that the Board would receive any public comments regarding the
establishment of the Sewer Service Charge rate.
Mr. Donald L. Christen, Executive Vice President of the Contra Costa
Taxpayers' Association, distributed a statement from the organization.
On behalf of the Contra Costa Taxpayers' Association, Mr. Christen
recommended that $1 mill i on be transferred from the O&M Reserve to the
Sel f Insurance Fund and that the Sewer Service Charge be reduced from
$124 to $72. This reduction in Sewer Service Charge would reduce the O&M
Reserves to 10 percent of the 1986-1987 proposed O&M Budget, $1,926,000.
The Secretary of the District advised the Board that a telephone
call was received from Ms. Barbara Zivica at 4:00 p.m. today. Ms. Zivica
requested that the Board of Di rectors consi der setti ng up a $1 mill ion
sel f insurance program. In additi on, she recommended that the Sewer
Service Charge be reduced $10 per year for the next five years and that a
lid of no more than 10 percent be placed on the reserve holdings.
There bei ng no further comments, Presi dent Carl son decl ared the
public hearing closed at the hour of 8:09 p.m. and returned the matter to
the Board for deliberation.
A discussion followed relative to budgetary uncertainties and risks
facing the District, the appropriate level of contribution to the Self
Insurance Fund, and mai ntenance of a prudent 1 evel of reserves. Member
Clausen stated that in view of the uncertain risks associated with the
implementation of the District's Self Insurance Fund, he would support a
$2 million contribution to that fund in addition to the approximate $1.5
million currently proposed.
It was moved by Member Clausen and seconded by Member Dalton, that
the balance of $567,124 in Line 053, Self Insurance Expense, be augmented
by $2,000,000 from the O&M Reserve. Motion approved on the following
roll call vote:
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AYES: Members: Boneysteel e, Dalton, Clausen, Carlson
NOES: Members: None
ABSENT: Members: McNulty
In response to an inquiry from Member Boneysteele, Mr. Funasaki
stated that if the recommendation of the Contra Costa Taxpayers'
Association for reduction of the Sewer Service Charge from $124 to $72
were implemented in 1986-1987, it would be necessary to increase the
Sewer Service Charge back to $124 in 1987-1988. The Sewer Service Charge
would increase in each subsequent year as well.
Member Boneysteele asked that assuming all of the assumptions used
in the projections are valid, a Sewer Service Charge of $116 could be
maintained at that level for seven years, until 1993. Mr. Funasaki
indicated that was correct.
It was moved by Member Clausen and seconded by Member Dalton, that
the Sewer Service Charge rate be established at $116 for the 1986-1987
fiscal year and that a resolution be adopted to that effect (Resolution
No. 86-043). Motion approved on the following roll call vote:
AYES: Members: Boneysteele, Dalton, Clausen, Carlson
NOES: Members: None
ABSENT: Members: McNul ty
PUBLIC HEARING TO CONSIDER COLLECTION OF THE 1986-1987 SEWER SERVICE
CHARGE ON THE COUNTY TAX ROLL
lb.
At 8:36 p.m., President Carl son decl ared the publ ic hearing open
regarding the collection of the 1986-1987 Sewer Service Charge on the
County tax roll. There being no comments, President Carlson declared the
public hearing closed.
It was moved by Member Dal ton and seconded by Member Boneysteel e,
that collection of the 1986-1987 Sewer Service Charge on the County tax
roll be authorized and that a resolution be adopted to that effect
(Reso 1 ut i on No. 86-044). Mot ion ap proved on the fo 11 ow i ng roll call
vote:
AYES:
Members:
Boneysteele, Dalton, Clausen, Carlson
NOES:
ABSENT:
Members:
None
Members:
McNulty
PUBLIC HEARING TO CONSIDER COLLECTION OF DELINQUENT SEWER SERV ICE
CHARGE ON THE COUNTY TAX ROLL
lc.
Mr. Dolan, General Manager-Chief Engineer, stated that two property
owners are del inquent in payment of the Sewer Service Charge. It is
proposed that these del inquent charges be collected on the 1986-1987
County tax roll.
At 8 :38 p. m., Presi dent Carl son decl ared the publ ic heari ng open.
There being no comments, President Carlson declared the public hearing
closed.
There being no protests, it was moved by Member Boneysteele and
seconded by Member Dal ton, that the Del inquent Sewer Service Charge
Accounts Report dated May 1986 be adopted pursuant to Section 5473 of the
Health and Safety Code and that collection on these Del inquent Sewer
Service Charges on the County tax roll be authorized (Resolution No.
86-045). Motion approved on the following roll call vote:
AYES:
Members:
Boneysteele, Dalton, Clausen, Carlson
NOES:
Members:
None
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ABSENT:
Members:
McNulty
Following explanation by Mr. Dolan, General Manager-Chief Engineer,
it was moved by Member Dal ton and seconded by Member Cl ausen, that
subject to approval by legal counsel, staff is authorized to publish the
appropriate notice concerning the contribution of ad valorem taxes to the
capital fund. Motion approved on the following roll call vote:
AYES:
Members: Boneysteele, Dalton, Clausen, Carlson
NOES:
Members: None
ABSENT:
Members:
McNulty
2.
HOLD A PUBLIC HEARING ON DISTRICT ANNEXATION 92 AS AMENDED BY THE
LOCAL AGENCY FORMATION COMMISSION (LAFCO)
Presi dent Carl son decl ared the publ ic heari ng open at the hour of
8:47 p.m. There being no public comment or written protests with regard
to the proposed annexation, the public hearing was declared closed.
It was noted for the record that legal notice of the hearing was
duly publ ished and that affected property owners were notified of this
hearing as required by law.
It was moved by Member Dal ton and seconded by Member Boney steel e,
that resolutions be adopted concurring with the Negative Declaration and
ordering annexation of all parcels in District Annexation 92 as amended
by Local Agency Formation Commission (Resolution Nos. 86-046, 86-047,
86-048,86-049,86-050, 86-051, 86-052, and 86-053). Motion approved on
the following roll call vote:
AYES:
NOES:
Members: Boneysteele, Dalton, Clausen, Carlson
Members:
None
AB SENT:
Members:
McNulty
VI.
BIDS AND AW ARDS
1.
AUTHORIZE ¡'¡¡ARD OF CONSTRUCTION CONTRACT TO r-GM CONSTRUCTION CO.,
CONCORD, CA, FOR VIA RœLE PUMP STATION, LAFAYETTE, AND AUTHORIZE
$60,700 FROM THE SEWER CONSTRUCTION FUND FOR DISTRICT PRO) ECT NO.
iQ1i
Following explanation by Mr. Dolan, General Manager-Chief Engineer,
and discussion of the seven alternatives originally considered for this
proj act, it was moved by Member Dal ton and seconded by Member
Boneysteele, that award of the construction contract for the Via Roble
. Pump Station, Lafayette, be authorized to MGM Construction Company, the
lowest responsible bidder, and that $60,700 be authorized from the Sewer
Construction Fund for District Project No. 4014. Motion approved on the
following roll call vote:
AYES: Members: Boneysteele, Dalton, Clausen, Carlson
NOES: Members: None
ABSENT: Members: McNulty
2.
AUTHORIZE ¡'¡¡ARD OF CONSTRUCTION CONTRACT TO HARCO CORPORATION;
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE CONTRACTS
WITH VILLALœOS ,& ASSOCIATES AND MILLER PIPELINE CORPORATION FOR
PROFESSIONAL SERVICES: AND AUTHORIZE $346,000 FROM THE SEWER
CONSTRUCTION FUND FOR CATHODIC PROTECTION PHASE 1, DISTRICT PRo) ECT
NO. 20029
Mr. Dolan, General Manager-Chief Engineer, stated that this project
was originally part of the Stage SA construction; however substantial
changes were made and it was removed from the SA project and handled
separately.
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Mr. James L. Hazard, Counsel for the Di strict, advised the Board
that because of current and prior litigation, further discussion on this
matter shoul d be deferred pendi ng di scussi on i n closed sessi on. The
Board concurred.
AUTHORIZE AWARD TO PURCHASE SULFUR DIOXIDE LIQUID FROM VIRGINIA
CHEMICAL COMPANY FOR THE PERIOD JULY 1986 THROUGH JUNE 1987
3.
Following explanation by Mr. Dolan, General Manager-Chief Engineer,
it was moved by Member Dalton and seconded by Member Clausen, that award
to purchase sul fur dioxi de 1 iqui d be authorized from Vi rgi ni a Chemical
Company for the period July 1986 through June 1987 at a cost of $226.60
per ton. Motion approved on the following roll call vote:
AYES:
Members:
Boneysteele, Dalton, Clausen, Carlson
NOES:
Members:
None
ABSENT:
Members:
McNul ty
VII.
CONSENT CALENDAR
It was moved by Member Dal ton and seconded by Member Boneysteel e,
that the Consent Calendar, consisting of five items, be approved as
recommended, resolutions adopted as appropriate, and recordings duly
authorized.
1.
Resolution No. 86-054 accepting an easement at no cost to the
District from CHATHAM WOODS GROUP, LTD., Pacheco area (Job 4108
- Parcel 1) was adopted and recording authorized.
Motion approved on the following vote:
AYE S: Members: Boney steel e, Dal ton, Clausen, Carlson
NOES: Members: None
ABSENT: Members: McNulty
2.
Compl eti on of Di strict Annexati on No. 92-A was ordered and
Resolution No. 86-055 concurring with the Negative Declaration
was adopted.
Motion approved on the following vote:
AYES:
Members:
Boneysteele, Dalton, Clausen, Carlson
NOES:
Members:
None
ABSENT:
Members:
McNul ty
3.
Authorization was given for attendance by Harriette Stahl at an
American Management Association seminar entitled "Basic Publ ic
Rel ati ons Ski 11 sIt at an estimated cost of $700.
Motion approved on the following vote:
AYES:
NOES:
Members:
Boneysteele, Dalton, Clausen, Carlson
Members:
None
ABSENT:
Members:
McNulty
4.
July 3,1986, was established as a date for a public hearing to
consider the forfeiture of Advantage Plumbing's $1,000
contractor cash deposit.
Motion approved on the following vote:
AYES:
Members:
Boneysteele, Dalton, Clausen, Carlson
NOES:
Members:
None
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ABSENT:
Members:
McNul ty
5.
Resol uti on No. 86-056 orderi ng that publ icati on of Di strict
Ordinance No. 157 has been made, was adopted.
Motion approved on the following vote:
AYES:
Members: Boneysteele, Dalton, Clausen, Carlson
NOES:
Members: None
ABSENT:
Members: McNulty
CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
Item XIII, Closed Session, was taken out of order.
XIII.
CLOSED SESSION
1.
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 to 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 9:02 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 9:45 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 Boneysteele and seconded by Member Dalton,
that payment of $11,851.10 is authorized from the O&M Contingency Account
for settlement of the Ronald and Cynthia Parks overflow. Said payment
shall be given in exchange for the appropriate release from the property
owners. Motion approved on the following roll call vote:
AYES:
Members: Boneysteele, Dalton, Clausen, Carlson
NOES:
ABSENT:
Members: None
Members:
McNulty
At this time, Item VI. 2, which was deferred pending discussion is
closed session, was considered.
VI.
BIDS AND AW ARDS
2.
AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO HARCO CORPORATION;
AUTHORIZE THE GENERAL MANPßER-CHIEF ENGINEER TO EXECUTE CONTRACTS
WITH VILLALœOS & ASSOCIATES AND MILLER PIÆLINE CORPORATION FOR
PROFESSIONAL SERV ICES; AND AUTHORIZE $346 ,000 FROM. THE SEWER
CONSTRUCTION FUND FOR CATHODIC PROTECTION PHASE 1, DISTRICT PRCllECT
NO. 20029
It was moved by Member Clausen and seconded by Member Boneysteele,
that award of construction contract be authorized to Harco Corporation,
the lowest responsible bidder; that the General Manager-Chief Engineer be
authorized to execute a contract with Villalobos & Associates and Miller
Pipel ine Corporation for professional services during construction; and
that $346,000 be authorized from the Sewer Construction Fund for
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142
completion of the Wastewater Treatment Plant Cathodic Protection System-
Phase 1, District Project No. 20029. Motion approved on the follCAtling
roll call vote:
AYES:
NOES:
Members:
Boneysteele, Dalton, Clausen, Carlson
Members:
None
ABSENT:
Members:
McNul ty
At this time President Carlson returned to the order of the agenda.
VIII.
SOLID WASTE
1.
CONSIDER REQUEST FOR TERMINATION OF THE DISTRICT'S REFUSE COLLECTION
FRANCHISE ,4GREEMENT RELATED TO VALLEY DISPOSAL SERVICE, INC. ' S
SERVICE AREA WITHIN THE CITY OF SAN RAMON EFFECTIVE JULY 1,1986
Mr. Dol an, General Manager-Chief Engi neer, stated that duri ng the
District's renegotiation of the present refuse collection franchise
agreement with Valley Disposal Service, the city of San Ramon notified
the District of the city's intention to assume franchising authority in
order to sel ect a si ngl e refuse coll ector to serve the ci ty. As a
resul t, the new franch i se agreement excl udes the ci ty of San Ramon from
coverage. San Ramon remains covered by the old franchise agreement which
does not expire until November 1986. This action would terminate the old
franchise agreement and thus would allow the city to assume franchising
authority.
It was moved by Member Clausen and seconded by Member Dalton, that
pursuant to the requests of the city of San Ramon and Valley Disposal
Service, Inc., termination of the former Valley Di sposal Service, Inc.
refuse collection franchise agreement related to its service area within
the city of San Ramon is authorized effective July 1, 1986. Motion
approved on the follCAtling roll call vote:
AYES:
NOES:
Members:
Boneysteele, Dalton, Clausen, Carlson
Members:
None
ABSENT:
Members:
McNulty
IX.
CORRESPONDENCE
1.
RECEIVE COMMUNICATION FROM lHE CITY OF SAN RAmN CONCERNING THE SAN
RAmN COMMUNITY REDEVELOPMENT PROJECT
Mr. Dolan, General Manager-Chief Engineer, advised that this is an
informational item. Staff will continue to monitor this project and
return to the Board when action is required or additional information is
avail abl e.
X.
ITEMS LATE FOR THE ,4GENDA
None
X1.
REPORTS
1.
GENERAL MAN,4GER-CHIEF ENGINEER
a. Mr. Dol an, General Manager-Chief Engi neer, introduced Mr. James
Kelly, Planning Division Manager, who summarized the possible areas of
cooperation between the District and Tri-valley Wastewater Agency (TWA).
Those areas include sewers from San Ramon Valley to Ygnacio Valley Road,
sewers from Ygnacio Valley Road to the treatment pl ant, the treatment
plant itself, and the outfall. A meeting has been set up between members
Carlson and Clausen and representatives of lWA as well as appropriate
staff members. This meeting will take place June 26,1986.
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b. A publ ic hearing has tentatively been scheduled for Wednesday,
July 23, 1986, to receive public comments on the San Ramon Valley
Pipeline EIR.
c. Mr. Dol an advised the Board that a committee, chai red by Mr.
Charles Batts, has been formed to develop a master plan for landscaping
at the treatment plant. It is the intent of the committee to begin
discussions with a landscape architect.
d. Requests for Proposals for the Plant Odor Control Project will
be going out in the near future.
e. Mr. Dolan discussed the plan to evaluate and improve the
District's mobile radio system. This system is used by CSO, Pump
Stati ons personnel, and construction inspectors. Mr. George Niel sen, a
communication specialist, will be engaged to review and evaluate the
current system and develop a report that will include phased replacement
of the radio equipment in the coming years.
f. Mr. Dolan reported that the Henry property, north of the plant
si te near the outfall ri ght-of-way, is on the market. The Di strict had
this property appraised previously. Staff will have that appraisal
updated.
2.
COUNSEL FOR THE DISTRICT
a. Mr. James L. Hazard, Counsel for the District, provided a status
report of the Busby overfl CItI matter. To date 100 percent of the funds
paid out excluding attorney's fees have been recovered from Orca
Construction. This same procedure will be used when appropriate in the
future.
b. Mr. Hazard requested to be excused from the June 19, 1986, Board
Meeting to attend a conference dealing with the implementation of
Proposition 51. Mr. Kent Alm will attend the Board Meeting.
3.
SECRETARY OF THE DISTRICT
a. Ms. Joyce McMillan, Secretary of the District, discussed the
format of the resol uti on and procedure to be foll CItIed rel ative to Board
certification that ordinances have been duly published. The Board
concurred that these items should be placed on the Consent Calendar.
4.
BOARD MEMBERS
a. Member Dalton reported on the June 4, 1986, Solid Waste
Commission meeting. At that meeting the final report on the study of
potential landfill sites was reviewed. The cities of Antioch, Pittsburg,
and B rentw ood have adopted a j oi nt reso 1 ut ion obj ect i ng to the th ree
privately proposed landfill sites and supporting the most remote site. A
copy of the resolution was filed with the Secretary of the District.
b. Presi dent Carl son reported that he had received a letter from
Union Sanitary District indicating they had received a copy of the
District's Self Insurance Plan. Messrs. Walter Funasaki, Jack Campbell,
and David Warren will present a program on the Self Insurance Program at
the next CASA meeting.
c. Member Clausen reported on the June 4, 1986, Annexation
Committee meeting. A summary of that meeting is available to all Board
Members. At that meeting a draft resolution concerning the annexation
policy was discussed. Staff was requested to further work on the draft
prior to submission to the full Board for consideration.
XII.
MATTERS FROM THE BOARD NOT ON THE .6ßENDA
It was moved by Member Dalton and seconded by Member Clausen, that
Board Members and appropriate staff members be authorized to attend the
August CASA meeting. There being no objection, the motion was approved
with Member McNulty being absent.
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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 OURN~NT
There being no further business to come before the Board, President
Carlson adjourned the meeting at the hour of 10:40 p.m.
iJtJL2L.
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
'\ fa. u ¿. l~ LfY tUt-----
S c et y of the Cen ral Contra
C~ a Sanitary District, County
of Contra Costa, State of California
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