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HomeMy WebLinkAboutBOARD MINUTES 04-04-96 58 MINUTES OF THE ADJOURNED REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON APRIL 4, 1996 The Adjourned Regular Meeting of the Board of Directors of the Central Contra Costa Sanitary District scheduled for 10:00 a.m. on Thursday, April 4, 1996, to review the remainder of the 1996-1997 Equipment Budget was adjourned for lack of a quorum. The Board Budget and Finance/Capital Projects Committee met at this time to conclude the review of the 1996-1997 Equipment Budget. The Board of Directors will meet in regular session at their regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on Thursday, April 4, 1996. 04 04 96 59 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON APRIL 4, 1996 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 2:00 p.m. on April 4, 1996. President Menesini called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Dalton, Hockett, Boneysteele, Menesini ABSENT: Members: Rainey Member Rainey had previously indicated that she would be unable to attend this meeting and had requested to be excused. 2. PUBLIC COMMENTS President Menesini was joined by the Board and staff in wishing Member Dalton Happy 80th Birthday and in recognizing Member Dalton and paying him tribute for his contributions to the District through the years. 3. CONSENT CALENDAR It was moved by Member Boneysteele and seconded by Member Hockett, that the Consent Calendar, consisting of Item a., be approved as recommended. a. A public hearing was set for 2:00 p.m. on April 18, 1996 to consider a proposed revised schedule of rates and charges. Motion approved on the following vote: AYES: Members: Boneysteele, Hockett, Dalton, Menesini NOES: Members: None ABSENT: Members: Rainey 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 5. BIDS AND AWARDS a. AUTHORIZE AWARD OF A CONTRACT TO BLAIR AND SONS COATINGS FOR SANDBLASTING AND PAINTING A & N TANK WEIRS Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that the cost of the low bid is somewhat above the engineer's estimate. Upon reflection of the job and discussion with the apparent low bidder, staff believes the low bid is fair and an accurate price. It was moved by Member Boneysteele and seconded by Member Hockett, that award of contract be authorized to Blair and Sons Coatings, the lowest responsible bidder, in the amount of $24,380 for sandblasting and painting A & N tank weirs. There being no objection, the motion was approved with Member Rainey being absent. 04 04 96 60 a. b. c. Oâ . ..IL 04 6. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, announced that the District is the recipient of the California Highway Patrol Certificate of Achievement which reflects three consecutive satisfactory ratings of the District's fleet maintenance and safety over the last five years. While people throughout the District have helped make this possible, special recognition goes to the Collection System Operations Department and Safety staff. 2) Mr. Dolan, General Manager-Chief Engineer, announced that Public Information and Graphics Coordinator Ken Grubbs, Purchasing and Materials Manager Ken Laverty, and Deputy General Manager Paul Morsen have been working on the contract for new reprographics services. Negotiations are concluding and at this point, the project looks very favorable. A presentation to the Board is planned for the near future. There will be a three-month demonstration project. The proposed contractor, ALCO Management Service, wishes to maintain high employee contact to ensure good service is provided. A courier service between Springbrook Road and the Headquarters Office Building and mail delivery to each floor will be provided as well as copying services. This should have a beneficial impact on the workload in the District. COUNSEL FOR THE DISTRICT 1 ) Mr. Kenton L. Aim, Counsel for the District, stated that the Board may recall that recent changes in the Brown Act provide that the Board may give authority to settle litigation in closed session but a report must be made in open session when the actual settlement is finally reached. Mr. Aim reported that settlement has been reached in the matter of Hanson v. Central Contra Costa Sanitary District (Ranger Pipeline). This matter related to a construction accident on the Ranger Pipeline job near the mobilehome park in Pacheco. This matter was tendered to the contractor's insurance company. The insurance company recently settled the matter for $65,000. There will be no cost to the District. 2) Mr. Aim, Counsel for the District, reported that the Shell Oil Company (Basin A South) matter was discussed with the Board in closed session on a number of occasions. In August 1995, authority was provided by the Board to settle this matter. Settlement has been reached in accordance with the authority given by the Board. Shell Oil Company has agreed to pay $157,000 which represents 25 percent of the stated costs incurred by the District as of July 31, 1994. That payment will be forthcoming within 20 days. In addition, Shell Oil Company has agreed to pay 30 percent of the first $750,000 of future costs incurred by the District after July 31, 1994, and 20 percent of the next $500,000 in costs. Those amounts will be paid as expended and invoiced by the District. The Mutual Release and Settlement Agreement has been signed by the District and Shell Oil Company. It was noted for the record that Member Boneysteele did not participate in this discussion as he had previously disqualified himself because of a potential conflict of interest. Member Boneysteele's family trust owns Shell stock in excess of $10,000. SECRETARY OF THE DISTRICT 1 ) Ms. Joyce E. Murphy, Secretary of the District, requested that the Board consider rescheduling the July 4, 1996 Board Meeting to July 11, 1996. The Board Members present concurred that July 11, 1 996 was satisfactory. This matter will be calendared for final consideration by the Board at the next Board Meeting when Member Rainey will be present. 96 61 d. BOARD MEMBERS 1 ) Member Hockett reported on the March 28, 1996 Central Contra Costa Solid Waste Authority (CCCSWA) meeting. Topics of discussion included: . Acceptance of delegation of franchising authority from the Town of Moraga and the City of Lafayette; Approval. of the wage and benefit agreement for CCCSW A Administrative Secretary Sheri Johanson; . . Election of Member Susan McNulty Rainey as Chair and Member Kathy Hicks as Vice Chair for 1996; . Amendment of the Browning Ferris Industries (BFI) agreement for "on-property" solid waste services to make these services available at the ratepayers' request to residents of the Town of Danville and the unincorporated areas within the CCCSWA service area; . An update by the CCCSWA Executive Director on the transition and implementation of new garbage and recycling services; and . Approval of a consulting agreement with Bart Carr for home composting program services. In the discussion that followed Member Hockett's report, it was noted that this was the first meeting at which all fourteen members, including the representatives of all of the new member agencies, were seated and participated in the CCCSWA Board Meeting. 2) Members Hockett and Boneysteele reported on the March 28, 1996 meeting of the Sanitation and Water Agencies of Contra Costa County at which issues relating to privatization and benchmarking were discussed. A summary of the meeting was provided to each Board Member. a. 7. HUMAN RESOURCES CREATE AND ADD THE POSITION OF COMMUNITY EDUCATION OFFICER. APPROVE THE CLASS DESCRIPTION AND SALARY RANGE AT M-37 ($4.892- $5.945), AND APPROVE A RESOLUTION APPOINTING HARRIETTE HEIBEL TO THE POSITION EFFECTIVE APRIL 29. 1996 Mr. Dolan, General Manager-Chief Engineer, stated that the recommended action of creating the position of Community Education Officer and appointing a former District employee who has a known and proven record of competence has been somewhat disquieting in some segments of the employee population. Mr. Dolan stated that he wanted the Board to know this but he would still recommend approval of the position. Mr. Dolan stated his opinion that there is a certain amount of understandable uneasiness within the District staff relating to the privatization issues coupled with the fact that the District has been downsizing and limiting costs whenever possible. The employees have supported this effort and have helped cut expenses. This concern has raised the question of whether to create this position when the District is cutting costs where possible. Mr. Dolan stated that he believes there is general conceptual support and an understanding of the need to do community outreach for pollution prevention, but not everyone accepts that this effort requires an increased commitment of resources. For some people, another question is whether it is appropriate and necessary for an agency like the District to have a management position for these public outreach activities. For years the District has provided silent services and we have a long standing tradition of being invisible to the public we serve. Now, the District is asking our customers to change their lives in ways we would never have done ten years ago. Through our source control efforts the District has also gone into the commercial sector to deal with small businesses like service stations and radiator shops. The question of whether the District should do pollution prevention by interacting more broadly with the general public is one on which the Board 04 04 96 62 has provided leadership. Mr. Dolan stated that the question to him is not whether or not to do pollution prevention but how to do it well. He has felt under pressure to make better progress on several new program areas. Mr. Dolan stated that this has resulted in a third issue that is of concern to District employees and that is the process of filling the management position as soon as possible. Mr. Dolan stated that given the since of urgency he has felt from the Board, that it is appropriate to go forward and appoint this position at this time. Member Hockett stated that she appreciates staff's interest in the development of this position. Member Hockett stated that she values staff input but believes that community outreach is important and necessary to the District. The Board should avail itself of this opportunity and appoint a person known to the District. Member Boneysteele stated that he is not opposed to an effective and non-ego promoting public relations program. At times in the past other districts have had public relations programs that were self-congratulatory and did harm to those districts. That is not the type of program Central San should have, particularly with the challenges the District is facing which require public acceptance and the need to communicate with customers regarding pollution prevention, source control, and water recycling. Ms. Heibel's experience and professional growth will be very valuable to the District. Member Boneysteele stated that this matter was reviewed and endorsed by the Board Human Resources Committee. Member Dalton expressed concern that the proposed position might focus on solid waste issues at a time when the District should be getting out of solid waste. President Menesini stated that he hopes the District will be out of the solid waste business completely in the coming months. The proposed position is a developmental position and will focus on community outreach in the following areas: 1 ) Adult education and external communications with the public, serving as a vehicle for leadership; 2) The District's formal pre-school through university education programs; and 3) Ongoing internal communications and education. President Menesini stressed the importance of providing a clear understanding of the District's philosophy and procedures, and the need for continuity during changes in technology. It was moved by Member Hockett and seconded by Member Boneysteele, that the new management position of Community Education Officer be established; that the salary range be set at M-37 ($4,892-$5,945); that the class description be adopted; and that Resolution No. 96-067 be adopted, appointing Harriette Heibel to the position effective April 29, 1996. Motion approved on the following roll call vote: AYES: Members: Hockett, Boneysteele, Menesini NOES: Members: Dalton ABSENT: Members: Rainey 8. APPROVAL OF MINUTES a. MINUTES OF MARCH 21. 1996 It was moved by Member Hockett and seconded by Member Menesini, that the minutes of March 21, 1996 be approved as presented. There being no objection, the motion was approved with Member Rainey being absent. 04 04 96 63 9. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED APRIL 4. 1996 Member Boneysteele, Chair of the Budget and Finance Committee, stated that he reviewed the expenditures while President Menesini was meeting with the General Manager-Chief Engineer. It was moved by Member Boneysteele and seconded by Member Hockett, that the Expenditure List dated April 4, 1996, including Self-Insurance Check Nos. 101087- 101093, Running Expense Check Nos. 95491-95731, Sewer Construction Check Nos. 16861-16913, and Payroll Check Nos. 41493-41773, be approved as recommended. There being no objection, the motion was approved with Member Rainey being absent. a. 10. BUDGET AND FINANCE CONSIDER APPOINTMENT OF THE DISTRICT'S INDEPENDENT AUDITOR TO PERFORM THE EXAMINATION OF THE FINANCIAL STATEMENTS BEGINNING THE FISCAL YEAR ENDING JUNE 30, 1996 President Menesini and Member Boneysteele reported that three candidates were interviewed by the Board Budget and Finance Committee and District staff. It was moved by Member Boneysteele and seconded by President Menesini, that Hood and Strong, Certified Public Accountants, be appointed as the District's independent auditor beginning the fiscal year ending June 30, 1996, as recommended by the selection committee. There being no objection, the motion was approved with Member Rainey being absent. 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 12. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Boneysteele announced that there will be a computer and network overview presentation at 10:30 a.m. on Thursday, April 18, 1996. All those interested are invited to attend. At President Menesini's suggestion, a tour of the Ultraviolet (UV) Disinfection Facilities Project was tentatively scheduled for June 6, 1996. 13. CLOSED SESSION a. 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 as follows: 1 ) CCCSD v. Orinda-Moraga Disposal Service, Inc., et al - Contra Costa County Superior Court No. C96-00562; and 2) Helix v. Southern Pacific Transportation Corporation, CCCSD, et al - U.S. District Court Northern District, Case No. C92-2312 DLJ. At 3:50 p.m., President Menesini declared the closed session to discuss existing litigation as noted above. At 5:22 p.m., President Menesini concluded the closed session and reconvened the meeting into open session. 14. REPORT OF DISCUSSIONS IN CLOSED SESSION Mr. Kenton L. Aim, Counsel for the District, stated that no decisions were made or votes taken in closed session that require reporting at this time. 04 04 96 64 1 5. ADJOURNMENT There being no further business to come before the Board, President Menesini adjourned the meeting at the hour of 5:23 p.m. ~~~~.~ President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Se r t of the Centr I C tra Co Sanitary District, County of Contra Costa, State of California 04 04 96