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HomeMy WebLinkAboutBOARD MINUTES 08-07-86 168 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON AUGUST 7,1986 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 August 7,1986. 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. MINUTES OF J UL Y 17, 1986 It was moved by Member Dalton and seconded by Member Boneysteele, that the minutes of July 23,1986, be approved as presented. There being no objection, the motion was unanimously approved. 2. MINUTES OF JULY 23,1986 It was moved by Member Boneystee 1 e and seconded by Member Cl ausen that the minutes of July 23,1986, be approved as presented. There being no objection, the motion was approved with Members Dalton and McNulty abstaining for the reason that they were not present at the meeting of J ul y 23, 1986. IV. EXPENDITURES 1. EXPENDITURE LIST DATED AUGUST 7,1986 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 August 7, 1986, including Self Insurance Warrant Nos. 100000 - 100006, Running Expense Warrant Nos. 27126 - 27345, Sewer Construction Warrant Nos. 3778 - 3820, and Payroll Warrant Nos. 7443 - 7706 and 7297, be approved as presented. There being no objection, the motion was unanimously approved. V. BIDS AND AWARDS 1. AUTHORIZATION TO AWARD PURCHASE ORDER FOR $18,424.50 TO FLEXIBLE SYSTEMS, INC., FOR INSTALLATION OF A CLOSED CIRCUIT TELEVISION SYSTEM, DISTRICT PROJECT NO. 30011 Mr. Roger Dolan, General Manager-Chief Engineer, stated that staff would recommend that the Board authorize award of purchase order to the lowest responsible bidder, Flexible Systems, Inc. Funds for this project were authorized by the Board in the Equipment Budget approved on June 6, 1985 . It was moved by ~ember Dalton and seconded by Member Clausen, that award of purchase order be authorized to Fl exi bl e Systems, Inc. for purchase and installation of one closed circuit television system for a total amount of $18,424.50. Motion unanimously approved on the following roll call vote: 08,,07 86 169 AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None VI. CONSENT CALENDAR It was moved by Member Clausen and seconded by Member McNulty, that the Consent Calendar, consisting of nine items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authori zed. With reference to item 8, setting a public hearing date to consider the proposed new schedule of fees, Member Boneysteele noted that he is a resident of Rossmoor development, whose fees will be considered. Mr. James L. Hazard, Counsel for the District, advised that since Member Boneysteele has no interest in the development firm he would not be precluded from voting on this matter. 1. Resolution No. 86-081 accepting an easement at no cost to the District from J.C. Howell, et ux, Danville area (Job 4173 - Parcell) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None 2. Resolution No. 86-082 accepting an easement at no cost to the District from R.C. Fancher, et ux, Danville area (Job 4173 - Parcel 2) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None 3. Resolution No. 86-083 accepting an easement at no cost to the District from E.E. LICKISS, et ux, Danville area (Job 4173 - Parcel 3) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None 4. Resolution No. 86-084 accepting an easement at no cost to the District from WOODBRIDGE ASSOCIATES, Walnut Creek area (Job 4254 - Parcell) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None 5. Resolution No. 86-085 accepting an easement at no cost to the Distict from C & M, LTD., Walnut Creek area (Job 4254 - Parcel 2) was adopted and recording authorized. . '. ~ 86 08 07 170 Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None 6. Notification of Management Support/Confidential Group Officers for 1986-1987 was received. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None 7. $1,917 was authorized from the Sewer Construction Fund for the purchase and installation of District meeting room lettering (sign). Motion unanimously approved on the following vote: AYES: NOES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson Members: None ABSENT: Members: None 8. August 21, 1986, was estab 1 i shed as the date for the pub 1 i c hearing on the proposed new schedule of fees and District staff was authorized to publish a notice of the public hearing. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None 9. Underexpended capital projects, Nos. 3749, 3750, 3752, 3754, 10007, and 10014, were closed out and $33,490 returned to the Sewer Construction Fund; and $819 was authorized from the Sewer Construction Fund and close out of overexpended capital proj ect, No. 10018, was authorized. Motion unanimousl y approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Dolan, General Manager-Chief Engineer, requested that the status report of the EIR review of the three privately proposed 1 andflll sites be taken out of order. President Carlson indicated that he may have a conflict of interest with regard to this issue. President Carlson turned the meeting over to President ProTem Clausen. It was noted that although President Carlson was present, he did not participate in discussion of this matter. President Pro Tem Clausen proceeded to Item XI. Reports. 08 07 86 171 XI. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER Mr. Dolan introduced Mr. David Okita, of the Contra Costa County Community Development Department. Mr. Okita briefly described each of the three privately proposed landfill sites and outl ined the permit process. Mr. Okita distributed a schedule of meetings and a summary of the EIR/entitlement process. The status in the planning process of each of the three privately proposed landfill sites, East Contra Costa Sanitary Landfill, Central Landfill, and Kirker Pass Waste Management Landfill, was described. Mr. Okita reported that Acme's two-year extens ion req uest was den i ed by the Corps of Engi neers. The Corps' position was that they could not take any action because of the pending lawsuit filed by BCDC concerning the original permit. Acme will reach capacity in approximately June 1987. Member Dalton, the District's Solid Waste Commission representative, requested comments from the other Board Members. Member McNulty indicated that because Acme is nearing capacity, she would favor permitting more than one site, perhaps all three, as long as mitigating measures were met. Having more than one site would encourage competition. Member Boneysteele stated that he feels it is not politically feasi bl e to permit any of the three privately proposed sites. Member Boneysteele stated that he would favor the alternative Site VI-9. In order to permit any site, the whol e county must work toward consensus, cooperation, and concession. Member Clausen stated that the Solid Waste Commission should urge the Board of Supervisors to provide for at least two sites, either privately or publicly owned. Two sites are needed to provide for capacity and competition. Member Dalton thanked the Board Members for their comments. President Pro Tem Clausen returned the meeting to President Carlson. President Carlson reverted to the order of the agenda. VII. ENGINEERING 1. AUTHORIZE $207,300 FROM THE SEWER CONSTRUCTION FUND FOR THE DESIGN AND CONSTRUCTION OF BLENDING TANK MODIFICATIONS AND AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE A CONTRACT AMENDMENT WITH JOHN CAROLLO ENGINEERS Mr. Dol an, General Manager-Chief Engi neer, stated that to all ow efficient dewatering and incineration, design and construction of blending tank modifications are recommended for use with the dissolved air fl otati on WAFS) thickeners. John Caroll 0 Engineers will compl ete the design of the modifications and a change order will be negotiated with Pacific Mechanical Corporation (PMC). It is important to complete this work as soon as possible in order to test the DAFS during the warranty period and to save the cost of adding lime. This change order would be approximately 3.7 percent of the contract cost. The Board and staff discussed the scope of the proposed change order as it related to the 5B project. District Counsel stated that in his opinion it is appropriate to approve this by change order. The change order work deals with the sludge handling facilities. Also, it is located in the same general area, and is necessary for the successful full operation of the sludge handling unit being constructed under the 5B project. Member Clausen stated that he had been advised that staff is developing bidding procedures that will provide guidelines for future work, but could not support this contract being awarded by change order. Following deliberation, it was moved by Member Dalton and seconded by Member McNulty, that $207,300 be authorized in Sewer Construction Funds for the design and construction of modifications to the existing sludge thickener and that the General Manager-Chief Engineers be authorized to execute a contract amendment with John Carollo Engine~rs on a cost times a multiplier basis with a cost ceiling'of;,$1.7,500.'" :Mption approved on the following roll call vote:" ' Ot) v7 ~6 172 AYES: Members: Boneysteele, Dalton, McNulty, Carlson NOES: Members: None ABSENT: Members: None ABSTAIN: Members: Clausen AUTHORIZE $45,000 FROM THE SEWER CONSTRUCTION FUND FOR SEWER DESIGN AND SETTLEMENT OF SKY-HY CIRCLE STORM DAMAGE DISPUTE 2. Mr. Dolan, General Manager-Chief Engineer, stated that pursuant to the discussion at the July 17, 1986 Board Meeting, Mr. Kent Alm was authorized to negotiate a settlement within the boundaries set in closed session. Mr. Alm achieved a settlement within those boundaries and as a result, an agreement was signed and the repair was made. It was moved by Member Boneysteele and seconded by Member Dalton, that $45,000 be authorized from the Sewer Construction Fund to design the sewer relocation and to settle with the Sky-Hy Homeowners' Association. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None 3. RECEIVE THE 1986 TEN-YEAR CAPITAL IMPROVEMENT PLAN Mr. Roger Dol an, General Manager-Chief Engineer, stated that the Ten-Year Capital Improvement Plan is an element in the annual budgeting process. The draft was presented to the Capital Projects Committee, their comments were incorporated, and the revised draft plan was presented to the full Board on May 1,1986. Since that review, two major revisions have been made which have a negative impact on the Sewer Construction Fund balance. These were: implementation of the Self Insurance Program and modification of the capital fee revenue projection to reflect a more realistic modeling of development rates. Mr. Robert A. Baker, Deputy Chief Engineer, introduced Mr. Jarred Miyamoto-Mills, the Project Manager, and Mr. James M. Kelly, the Planning Division Manager, who provided an overview of the capital project schedule for the coming months. Hearing no objection, the 1986 Ten-Year Capital Improvement Plan was received. VIII. BUDGET AND FINANCE 1. RECEIVE FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30,1986 Mr. Walter N. Funasaki, Finance Officer, reviewed the financial statements for the fiscal year ended June 30, 1986, noting that actual reserves were $6,285,000 after transfer of $2 million to the Self Insurance Fund. Actual expenditures exceeded budget by $320,000. Actual revenues exceeded budgeted revenues by $1,468,000. The District's temporary investments at June 30, 1986, were held in a Federal National Mortgage Association note, certificates of deposit, bankers' acceptances, and commerci al paper with interest rates rangi ng from 8.35 percent to 6.35 percent. The most current interest rate was 6.75 percent. The Local Agency Investment Fund account has been established with the State Treasurer's Office. Funds will be invested as they become available and if the yield continues to be favorable. Mr. Jay McCoy, Construction Division Manager, summarized the capital projects completed in the 1984-1985 and 1985-1986 fiscal years. Mr. McCoy highlighted capital projects currently under construction totaling more than $12 million as opposed to the $1.6 million completed in the two preceding fiscal years. 08 07 86 173 Hearing no objections, President Carlson declared that the financial statements for the fiscal year ended June 30,1986, were duly received. IX. PERSONNEL 1. ADOPT INDIVIDUAL MEMORANDUM OF UNDERSTANDING (M.O.U.) FOR THE INCUMBENT DEPUTY GENERAL MANAGER EFFECTIVE JULY 3, 1986 THROUGH APRIL 30, 1988 Mr. Dolan, General Manager-Chief Engineer, stated that this action is the final in a series of actions to document in the form of Memoranda of Understanding and contracts, agreements reflecting compensation levels and benefits previously granted by the Board of Directors to the management group and appointed officials of the District. It was moved by Member McNulty and seconded by Member Clausen, that the Memorandum of Understanding between the District and Paul Morsen, the incumbent Deputy General Manager, be adopted effective J ul y 3, 1986 through April 30, 1988. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None X. ITEMS LATE FOR THE PGENDA None XI. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. The status report of the EIR review of the three privately proposed landfill sites was taken out of order earlier in the agenda. b. An Annexation Committee meeting was scheduled for 3:00 p.m. on Tuesday, August 19,1986. c. Mr. Dolan, General Manager-Chief Engineer, reported that the following projects are currently being advertised: West Trunk Parallel, Raintree Place Slide Repair, Moraga l-A Slide Repair, and Hillcrest Slide Repair. d. Mr. Dolan advised that the Board will be asked to consider the following new fees at the August 21, 1986 public hearing: Noncancellation fee for initial TV, TV rerun, and sewer tap; Concord industries annual permit fee; and new industry permit fee. An overview of the proposed fee schedule, including these new fees, will be presented at the public hearing. e. Following discussion, it was determined that an open house will be held in October to commemorate the District's 40th Anniversary and the comp 1 eti on of 5 B Proj ect. f. Copi es of the paper prepared by Roger Dol an and Bhupi nder Dhaliwal entitled "Advanced Wastewater Treatment at Central Contra Costa Sanitary District: Past and Future" were distributed. g. A plaque was presented for the District's participation in the First Annual Bocce Tournament, a benefit for the American Cancer Society. COUNSEL FOR THE DISTRICT 2. a. Mr. Hazard, Counsel for the District, announced the recent Supreme Court decision that held that the water district user fee by special assessment was in fact a tax and exempted the school district from paying the special assessment. 08' 07' ~6 174 b. Mr. Hazard reported on the issues concerning wording of the voters' pamphlet for Proposition 61, the Gann Initiative. 3. SECRETARY OF THE DISTRICT None 4. BOARD MEMBERS a. Member Boneysteel e reported that the CASA bill concerni ng Directors' compensation, proposed by Member Clausen, has been signed into law by the Governor. b. Member Boneysteel e stated that in the event he is unabl e to attend a meeting of the Contra Costa General Plan Review Citizens Advisory Committee because of a conflict with the District's Board Meetings, Jim Kelly or Jackie Zayac, of the Planning Division, will represent the District. c. Member Dalton advised that there will be a tour of East County alternate landfill sites VI-4 and VI-9 on Saturday, August 9,1986. d. Member McNulty reported on the August 6, 1986 Moraga Town Council meeting at which garbage rate increases were discussed. XII. MATTERS FROM THE BOARD NOT ON THE AGENDA None XII I. CLOSED SESSION 1. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a). The titles of the litigation discussed were: a. CCCSD v. National Union No. 255498 b. CCCSD v. Fireman's Fund No. 289020 2. SIGNIFICANT EXPOSURE TO 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 do so would jeopardize the Board's ability to conclude existing settlement negotiations to its advantage. 3. REAL PROPERTY NEGOTIATIONS Pursuant to Government Code Section 54956.8, the closed session was held to discuss real property negotiations. The real property which the negotiation concerns is Lot 12, Block E, Orinda Oaks. The District's negotiators were authorized to continue to negotiate with Mr. and Mrs. Crai g W. Smith. At 9:50 p.m., President Carlson declared the closed session to discuss litigation pursuant to Government Code Sections 54956.9(a) and (b) and real property negotiations pursuant to Government Code Section 54956.8. At 10:33 p.m., President Carlson concluded the closed session and reconvened the meeting into open session. XIV. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None .0 8, >,.0 7, , r8 6 175 xv. ADJOURNMENT There being no further business to come before the Board, President Carlson adjourned the meeting at the hour of 10:33 p.m. ~ President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of Cal ifornia COUNTERSIGNED: 'l : L ,/~ ) /' '1 ' : 0.{ , ; C \...t' ", 'il {.l~"-- Sacr ry of the Ce tral Contra CQ?ta'Sanitary District, County of Contra Costa, State of California 08\ ;~:O7. "86 ,~;