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HomeMy WebLinkAboutBOARD MINUTES 05-19-88 71 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MAY 19,1988 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 3:00 p.m. on May 19,1988. President Rainey called the meeting to order and requested that the Secretary call roll. I. ROLL CALL PRESENT: Members: Boneysteele, Dalton, Clausen, Carlson, Rainey ABSENT: Members: None II. PUBLIC COMMENTS Mrs. Vickie Murgia, 326 Well ington Avenue, Clyde, addressed the Board relative to Item X., property damage claim from Robert J. and Vickie Murgia. Mrs. Murgia restated her original contention that the Pruyne side sewer. was part of the 1971 rehab 11 itation project and that the problem with the side sewer should have been corrected at the time the Clyde annexation to the District occurred. Mrs. Murgia stated that inconsistencies in the plans and maps led to inadequacies and poor service resulting in problems in her house. Mrs. Murgia stated that her line, by definition, is a main but it has not been maintained as a main or brought up to code. In response to a question from Member Clausen, Mrs. Murgia stated that she knew the Pruyne line was there when she bought the property. Mrs. Murgia asked that the District make Mrs. pruyne connect to the main line and that the District pay for the damage done to the Murgia property from the spill. In response to a question from Member Carlson, Mrs. Murgia stated that she has not made a claim against Roto Rooter Company or the uphill property owner for the damages. There being no further questions or comments, further consideration of this màtter was deferred pending receipt of legal advice in closed session. III. APPROVAL OF MINUTES I. MINUTES OF APRIL 21,1988 It was moved by Member Boneysteele and seconded by Member Carlson, that the minutes of April 21, 1988, be approved with the following addition: Under Item XI., CORRESPONDENCE, 1., the words "for automobil e damage" were added to the first sentence in the first paragraph following the word "claim." There ~eing no objection, the motion was unanimously approved. 2. MINUTES OF MAY 5,1988 It was moved by Member Carlson and seconded by Member Clausen, that the minutes of May 5, 1988, be approved as presented. The motion was approved with Member Rainey abstaining for the reason that she was not present at the May 5 meeting. IV. CONSENT CALENDAR It was moved by Member Carlson and seconded by Member Dalton, that the Consent Calendar, consisting of seven items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resolution No. 88-061 accepting an easement at no cost to the District from FOSTORIA ASSOCIATES, L TO., Danvi 11 e area (Job 4417 - Parcel 8) was adopted and recording authori~ed. ,.:",..' ~.,.J, 05 , J '9 (R 8 72 ,()5 ..," ..""'5 l.~ ". ., Motion unanimously approved on the following vote: AYES: Members: Carlson, Dalton, Boneysteele, Clausen, Rainey NOES: Members: None ABSENT: Members: None 2. Resolution No. 88-062 accepting an easement at no cost to the District from CONTRA COSTA COUNTY, Martinez area (Job 4420 - Parcell) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Carlson, Dalton, Boneysteele, Clausen, Rainey NOES: Members: None ABSENT: Members: None 3. Agreement Rel ating to Real Property with The Lake at Canyon Lakes Homeowners Association, Inc., Job 4212, was approved, the President of the Board of Directors and the Secretary of the District were authorized to execute and record said agreement, and Resolution No. 88-063 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Carlson, Dalton, Boneysteele, Clausen, Rainey NOES: Members: None ABSENT: Members: None 4. The information contained in the Contra Costa County Negative Declaration was certified as having been reviewed and considered by the Board of Directors, the agreement with Contra Costa County for installation of sewers under Assessment District No. 1986-1 was approved, the President of the Board of Directors and the Secretary of the District were authorized to execute and record said agreement, and Resol ution No. 88-064 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Carlson, Dalton, Boneysteele, Clausen, Rainey NOES: Members: None ABSENT: Members: None 5. The Agreement Relating to Real Property with Raymond Mok, et ux, Job 3563, was approved, the President of the Board of Directors and the Secretary of the District were authorized to execute and record said agreement, and Resolution No. 88-065 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Carlson, Dalton, Boneysteele, Clausen, Rainey NOES: Members: None ABSENT: Members: None 6. Resolution No. 88-066, certifying that the District Board reviewed and considered the LAFCO Negative Declaration in making its decision regarding District Annexation 98-D and ordering completion of said annexation, was adopted. Motion unanimously approved on the following vote: ~8 ~. r 73 AYES: Members: Carlson, Dalton, Boneysteele, Clausen, Rainey NOES: Members: None ABSENT: Members: None 7. June 16, 1988 was established as the revised date for a public hearing on Annexation 99 as amended by the Local Agency Formation Commission. Motion approved on the following vote: AYES: Members: Carlson, Dalton, Boneysteele, Rainey NOE S: Members: None ABSENT: Members: None ABSTAIN: Members: Clausen It was noted for the record that Member Cl ausen absta i ned because the firm with which he is associated, Thiessen, Gagen & McCoy, represents Dame Construction Company, the developer. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Roger J. Dolan, General Manager-Chief Engineer, requested that Item XIV., Closed Session, be taken out of order when Mr. John Kelly, attorney with the firm of Sellar, Hazard, Snyder, Kelly & Fitzgerald, arrives. Board Members voiced no objection to the request and proceeded with the order of the agenda. V. ADMI NI STRATI VE I . ADOPT A RESOLUTION COMMEMORATING STEGE SANITARY DISTRICT ON ITS 75TH ANNIVERSARY It was moved by Member Dalton and seconded by Member Carlson, that Resolution No. 88-060, commemorating Stege Sanitary District on its 75th anniversary, be adopted. The motion was unanimously approved on the fo 11 ow i ng vote: AYES: Members: Dalton, Carlson, Boneysteele, Clausen, Rainey NOES: Members: None ABSENT: Members: None VI. ENGINEERING 1. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT. WITH DODSON & YOUNG CONSULTING ENGINEERS FOR PREPARATION OF A. COMPREHENSIVE PUMP STATION MASTER PLAN Mr. Dolan, General Manager-Chief Engineer, introduced Messrs. Jarred Miyamoto-Mills and James Coe, who made brief presentations on the scope and importance of the pump station master plan effort. The goal of the effort is to improve reliability, capacity, and efficiency. The master plan will evaluate the current condition and capacity of the 18 pump stations, determine future capacity and reliability needs, and recommend a capital improvements program. A discussion followed concerning the use of a consultant rather than District staff, procedures in the event of a disaster, and the scope, cost, and priority of the proposed work. Member Carlson suggested that work proceed in areas we know to be a priority, such as Orinda and Moraga. A prototype could be developed from that effort for use on other pump stations. Mr. Dolan stated that a comprehensive pump station master plan has been planned for some time. Initially, our concerns were primarily growth oriented. However, during the last year large fines have been imposed throughout the State for pump station fail u res. The Regional Boards here and elsewhere have been very unsympathetic to local o"~ 19 88 74 problems in their recent regulatory enforcement pol icies. Mr. Dolan suggested that i f the Board of Di rectors does not wish to proceed with the proposal as recommended, that it be referred to the Capital Projects Committee for a detailed review of the scope and related costs. Following discussion. it was moved by Member Boneysteele and seconded by Member Dalton, that the General Manager-Chief Engineer be authorized to execute an agreement with Dodson & Young Consulting Engineers in the amount of $126,000 for preparation of a Pump Station Master Plan. There being no objection. the motion was unanimously approved. In response to a question by Member Carlson, staff responded that areas with the greatest exposure to reliability and capacity problems will be identified and spun off early on in the project. VII . APPROVAL OF EXPENDITURES 1. EXPENDITURE LIST DATED MAY 12,1988 Member Dalton, member of the Budget and Finance Committee, stated that he and Member Boneysteele reviewed the expenditures and found them to be satisfactory. It was moved by Member Dalton and seconded by Member Boneysteele, that the Expenditure List dated May 12, 1988, includ ing Sel f-Insu rance Check Nos. 100264-100268. Running Expense Check Nos. 39223-39488, and Sewer Construction Check Nos. 5703-5753. be approved as recommended. There being no objection. the motion was unanimously approved. VIII. BUDGET AND FINANCE 1. RECEIVE APRIL 1988 FINANCIAL STATEMENTS Mr. Walter N. Funasaki, Finance Officer, reviewed the results of Operations and Maintenance expenses for the month of April 1988, noting that expenses were $49,000 more than budget, representing a 3.1 percent unfavorable variance. Year-to-date expenses for the month ended April 30, 1988, were $171,000 less than budget, representing a 1.0 percent favorable variance. The District's temporary investments were held in collateralized certificates of deposit, bankers' acceptances, and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 7.9 percent to 6.2 percent. The latest interest rate as of April 30. 1988, was 7.4 percent. The average yield for the LAIF account through March 1988 was 7.9 percent. At the conclusion of the reports, President Rainey declared that the April 1988 financial statements were duly received. 2. APPROVE THE 1988-1989 EQUIPMENT .BUDGET FOR 1988-1989 DISTRICT BUDGET INCLUSION IN THE It was moved by Member Carlson and seconded by Member Clausen, that the 1988-1989 Equipment Budget be approved for inclusion in the 1988-1989 District Budget to be adopted on June 16, 1988. There being no objection, the motion was unanimously approved. IX. PERSONNEL 1. ADOPT MEMORANDUM OF UNDERSTANDING (M.O.U.) WITH THE CENTRAL CONTRA COSTA EMPLOYEES ASSOCIATION. LOCAL #1 REPRESENTATION GROUP, EFFECTIVE MAY 1,1988 THROUGH APRIL 30,1991 Mr. Dolan. General Manager-Chief Engineer, stated that a complete position paper highl ighting "the M.O.U. and the M.O.U. itself have been distributed to the Board. Mr. Dolan commended the efforts of Ms. Cathryn Freitas and Messrs. Paul Morsen and Jerry Lucey and the negotiating team for Local #1. Staff is pleased to recommend adoption of the proposed M.O.U. It was moved by Member Clausen and seconded by Member Carlson, that the Memorandum of Understanding between the District and the Central 0,5 l~ 8':8. 75 Contra Costa Sanitary District Employees Association Local #1, Representation Group, be adopted effective May"l, 1988 through April 30, 1991. There being no objection, the motion was unanimously approved. 2. DIRECT STAFF TO SECURE THE SERVICES OF AN ARBITRATOR IN ACCORDANCE WITH STEP FOUR OF THE GRIEVANCE PROCEDURE It was moved by Member Clausen and seconded by Member Rainey, that staff be authorized to secure the services of an arbitrator in accordance with Step Four of the Grievance Procedures in the matter of the appealed grievance of Mr. James Maples. There being no objection, the motion was unanimously approved. X. LEGAL/LITIGATION 1. DENY PROPERTY DAMAGE CLAIM RECEIVED FROM ROBERT J. AND .VICKIE MURGIA OF 326 WELLINGTON AVENUE, CLYDE (SECOND SUBMISSION) . This item was held pending discussion in closed session. XI. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None XII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan, General Manager-Chief Engineer, reported that at the suggestion of Member Clausen, staff has investigated an alternative process for accepting easements which appears to offer significant benefits. Currently, we require executed easement documents before we grant approval to construct. Actual recordation may occur up to 30 days after construction begins, but generally precedes construction. As an alternative, staff has investigated an approach used by Contra Costa County where the developer provides an Irrevocable Offer of Dedication of the easement. The District would accept this document and record it. Later, after completion and acceptance of the work, the actual acceptance of the easement would be processed by the Board and recorded. If the Board agrees with this concept, staff will prepare internal procedures and draft appropriate Board actions. The principal Board action would be to delegate to staff the responsibility and authority to accept and record the Irrevocable Offers of Dedication. Following discussion, the Board endorsed the concept. President Rainey noted the arrival of Mr. John Kelly and departed from the order of the agenda to consider Item XIV., Closed Session. XIV. 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 discussed was 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. At 4:07 p.m., President Rainey declared the closed session to discuss 1 itigation pursuant to Government Code Sections 54956.9(a) and (b). At 5:08 p.m., President Rainey concluded the closed session and reconvened the meeting into open session. XV. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION At this time President Rainey returned to Item X., Legal/Litigation. 0 5'.' >: 1 9 " 8 8~: r 76 x. LEGAL/LITIGATION 1. DENY PROPERTY DAMAGE CLAIM RECEIVED FROM ROBERT J. AND VICKIE MURGIA OF 326 WELLINGTON AVENUE, CLYDE (SECOND SUBMISSION) It was moved by Member Clausen and seconded by Member Dalton, that the claim received from Robert J. and Vickie Murgia in the amount of $2,673, be denied. Motion unanimously approved on the following roll call vote: AYES: Members: Clausen, Dalton, Boneysteele, Carlson, Rainey NOES: Members: None ABSENT: Members: None Mr. Dolan, General Manager-Chief Engineer, stated that the Dis~rict has been advised there is currently a proposal for an upstream development. Staff will work with the developer with regard to the nature and schedule for the development and will try to assist in having Ms. Pruyne, the up-hill property owner, connect to the new sewer. Member Carlson stated that it was his understanding that the District proposed constructing a public sewer in an easement on Mrs. Murgia's property that would have alleviated the problem. This offer was rejected by the property owner. Mr. Dolan stated that was correct. President Rainey returned to the order of the agenda. XII. REPORTS b. Mr. Dolan, General Manager-Chief Engineer, stated that this year a very complex situation exists with regard to the garbage rate increase appl ications. The potential rate-related complications fall into two categories: 1) potential cost factors reflected in the rate appl ications; and 2) potential factors that may effect expenses of the collection companies over the coming year but not reflected in the applications. Factors falling into the first category include inflationary adjustment, Valley Disposal's acquisition costs and Valley Waste Management's internal charges, and tipping fee pass throughs for both affiliated'companies and non-affiliated companies. Other potential factors not reflected in the rate applications include recycling programs, alternative disposal site and transfer station costs following Acme's closure, and Valley's oral requests for differing levels of service. The District has been advised that the collectors do not intend to provide the information requested for evaluation of the tipping fee increases. Mr. Funasaki, Finance Officer, indicated that the three collectors have submitted rate increase appl ications that reflect significant rate increases. Mr. Funasaki stated that Orinda-Moraga Disposal Service has requested a 22.9 percent increase, Pleasant Hill Bay Shore Disposai has requested a 51.6 percent increase in residential and commercial rates and a significant increase in drop box rates, and Valley Waste Management has requested a 55.0 percent increase. These percentages reflect use of a 90 percent operating ratio in developing the percentage increases. Member Boneysteele requested and Mr. Funasaki agreed to provide comparative Waste Management rates in other areas at the time of the hearing. The Board requested that the public be made aware of the complexity and size of the rate increase applications and invited to attend the study session. Staff concurred. c. Mr. Dolan reported that since International Technology (IT) was last discussed with the Board, several things have happened. IT has dropped plans for a hazardous waste treatment facility and has withdrawn their appl ication to Central San to process effluent. IT and the District have continued to meet with regard to IT's closure plan. The District's easement and pipe go through the IT site. We want to ensure that IT does not cause structural or toxic hazard to us and that they correct any problem they may have created. 0 5' >: 1 9:' 8 8: ~'" 77 d. Mr. Dolan reported that the Concord revenue meters are operating and have been ca lib rated. The cu rrent meter read i ngs ind icate that approximately 32 percent of our total flow comes from Concord. The readings of the new meter will be used as the basis of the budgeted revenue from Concord for the coming year. e. Mr. Dolan stated that at the last meeting Member Clausen noted the large number of overtime meals paid. Many were in CSO. These were primarily the result of two incidents: 1) A series of stoppages and call outs on Camino Encinas, Orinda, resulting from a contractor causing rock to enter the sewer which was flushed into extensive lengths of pipe by water from a burst water main. The contractor will be billed. 2) An emergency installation of 16' of cast iron main on Robinson Street in Martinez. f. Mr. Dolan drew the Board's attention to the memorandum concerning the District's Workers' Compensation experience and safety record. The entire District takes pride in the safety statistics. We now stand at one year:- without a lost time accident. This reflects a tremendous effort over a number' of years. Commendations go to all the workers at the District who have kept themselves safe and to all the supervisors, managers, and the District's Safety Coordinator. The Board congratulated all the employees for the excellent safety program and improving trend over the past five years. g. Mr. Dolan provided a history and update of sol id waste export discussions and negotiations from 1985 through the present. It has recently been learned that although Contra Costa County had to accept the responsibility for negotiating for solid waste export, because they do . not control the waste stream, they are not in fact, the negotiator. Rather, they are monitoring the process begun by Acme and now being carried out by Oakland Scavenger and Valley Waste Management. The County would now like to have the franchisers take over the export negotiations. The District's franchise agreements require that the collectors dispose of the garbage collected. Because of the complications and uncertainties with regard to the export negotiations, Mr. Dolan recommended that a 1 etter be sent to the District' 5 co 11 ectors request i ng a meet i ng to discuss their plans for disposal after Acme's expected closure in January 1989. A draft letter to the District's franchised collectors was distributed, reviewed and approved. The President of the Board of Directors was authorized to execute said letter on behalf of the District. h. Mr. Dolan announced that an agreement has been reached with both the Management Group and with Mr. Paul Morse". The M.O.U. will be calendared for adoption at the May 26,1988 Board meeting. 2. COUNSEL FOR THE DISTRICT a. Mr. Hazard announced that Mr. Kent Alm will be out of town next week. Mr. Hazard stated further that because of a previously scheduled Court appearance, he may be late for the May 26 Board meeting. Mr. Hazard stated that in the event he is held up on Court, a member of his firm will be present at the Board meeting. b. Mr. Hazard announced that he has provided Board Members with a communication concerning Government Code Section 1090 as it relates to setting compensation for positions directly appointed by the Board of Directors. At the request of the Board, this matter will be calendared for discussion at a future Board meeting. 3. SECRETARY OF THE DISTRICT None ()5 l:^~ ts.8 78' 4. BOARD MEMBERS a. Member Dalton reported that the two privately proposed landfill sites and their progress were discussed at the last Solid Waste Commission meeting. The Central County JPA was discussed as well and received a favorable response. Member Dalton requested that a line of communication be established between the JPA Feasibility Study Committee and the Solid Waste Commission and that a report on the proposed JPA be made at a future Solid Waste Commission meeting. Member Clausen reported on the May 6, 1988 JPA Feasibility Study Committee meeting. Central Contra Costa Sanitary District and the cities of Martinez, Pleasant Hill, and San Ramon have approved the JPA in concept. The cities of Walnut Creek and Concord have yet to calendar the JPA concept for consideration. Acme Fill will make a presentation on the proposed transfer station at the next meeting. b. Member Carlson reported on the May 13-14, 1988 CASA meeting. Highlights of the meeting included an excellent presentation on Proposition 65 and a panel discussion on collection system and plant odor control requirements. Following discussion, the Board agreed that the discussion on odor control was too technical. Member Boneysteele reported that the Evaluation Committee met. Following del iberation, a six percent increase was granted to the CASA Executive Director. c. Member Boneysteele reported that he attended the Danville reception welcoming thei r new Councilmember and Town Manager. Member Boneysteele reported that he received a cordial reception. He attributed this to the competency with which the District handled the recent construction work in the Danville area. Mr. Dolan thanked Member Boneysteele on behalf of District staff, the contractor, and the crew on the job. XIII. ANNOUNCEMENTS Member Boneysteele announced that he may be detained at a previously scheduled meeting in San Francisco but indicated that he would attend the May 26 Board meeting. XIV. CLOSED SESSION This item was taken out of order earlier in the agenda. XV. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION This item was taken out of order earlier in the agenda. XVI. ADJOURNMENT There bei~g no further business to come before the Board, President Rainey adjourned the meeting at the hour of 6:27 p.m. to reconvene in Adjourned Regular Session at 3:00 p.m. on May 26, 1988. , ~, President of the Board of Directors Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: (¿¿.m S c e ry of the Cen ral Contra C ta Sanitary District, County of Contra Costa, State of California 65 1,9 88