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HomeMy WebLinkAboutBOARD MINUTES 09-07-78 1381 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD SEPTEMBER 7, 1978 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 1250 Springbrook Road, Walnut Creek, County of Contra Costa, State of California, on September 7,1978 at 7:30 P.M. President Allan requested the Secretary to call roll. I. ROLL CALL PRESENT: Members: ABSENT: Members: Boneysteele, Rustigian, Carlson and Allan Campbell Member Campbell had previously indicated that he would not be present at the meeting and requested to be shown as excused. II. APPROVAL OF MINUTES 1. MINUTES OF THE MEETING OF AUGUST 10, 1978 After discussion, it was moved by Member Carlson, seconded by Member Boneysteele, that the minutes be approved with the following corrections: Under "VI. OLD BUSINESS, 1. AUTHORIZE ADDITONAL $12,000 FOR STAFF WORK ON NEW OFFICE SITE AND BUILDING, DSP 3000", stri ke out the words "and the architect" at the end of the first sentence. Under "VIII. REPORTS - GENERAL MANAGER-CHIEF ENGINEER. k. II revise the sentence in the second paragraph to read as follows: "After discussion, it was the consensus of the Board that it would be acceptable to the Board if Mr. Olney furnished supportive data as to the cost of providing the collection service. II Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Boneysteele, Rustigian, Carlson and Allan None Campbell III. EXPENDITURES None. IV. HEARINGS 1. ANNEXATION CHARGE INCREASE At 7:45 P.M., President Allan declared the hearing open and asked if there was anyone in the audience wishing to be heard regarding the annexation charge. Hearing no response, President Allan declared the hearing closed. After discussion, it was moved by Member Boneysteele, seconded by Member Rustigian, that an Ordinance amending the annexation charge, Section 11-203, Article 2, Chapter 11 of the Code of the Central Contra Costa Sanitary District be adopted and that this ordin6ElCe::sbMl- be a general regulation of the District and shall be published once in a newspaper of general circulation published and circulated in Central Contra Costa Sanitary District, and shall become effective upon expiration of the week of publication. 09 0 ~~1 (, 78 1382 ORDINANCE NO. 137, AN ORDINANCE AMENDING THE ANNEXATION CHARGE, SECTION 11-203, ARTICLE 2, CHAPTER 11 OF THE CODE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Rustigian, Carlson and Allan None Camp be 11 V. BIDS None. VI. OLD BUSINESS 1. NEGATIVE DECLARATION DISTRICT ANNEXATION NO. 60 After explanation by Mr. Dolan, General Manager-Chief Engineer, and verification by Mr. Dalton, Deputy General Manager-Chief Engineer, that the Environmental Impact Assessment had been posted at the District Office for sufficient time and all property owners included had requested annexation, it was moved by Member Rustigian, seconded by Member Carlson, that a resolution making a Negative Declaration and Providing Notice Thereof, District Annexation No. 60, be adopted. RESOLUTION NO. 78-271, A RESOLUTION MAKING A NEGATIVE DECLARATION AND PROVIDING NOTICE THEREOF, (DISTRICT ANNEXATION NO. 60) Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Rustigian, Carlson and Allan None Rustigian 2. DISCUSSION REGARDING RISK MANAGEMENT AUDIT Mr. Dolan, General Manager-Chief Engineer, requested Mr. Walter Funasaki, Finance Officer, to give his analysis of the Risk Management Audit, prepared by Warren McVeigh and Griffin, Risk Management Consultants. Mr. Funasaki explained recommended modifications in our insurance program as proposed by the consultants. Their recommendations indicate the District should convert to a generally self-insured program and obtain excess insurance to cover major losses over the self-insured level. This program would minimize the District's insurance expense while providing protection against catastrophic losses. He also explained the audit recommendations for implementing the program. Mr. Funasaki advised that the District's total insurance premium for 1978-79 under our current program will exceed $200,000. He indicated that the loss experience of the District in the past five years has been favorable and in no year has it exceeded $30,000. He then called upon Mr. David Warren, of Warren McViegh and Griffin, to give a brief synopsis of the major recommendations contained in their audit. Mr. Warren explained the recommendations contained in his report. In conclusion, Mr. Funasaki outlined a proposed time and action schedule for use in determining the relative cost and risk protection of a self-insurance program, which was as follows: Submit a copy of the Audit to Shroder Insurance for a written evaluation to be reviewed by the Board at its meeting of September 21. At the meeting of the 21st, the Board should also determine if "Request for Proposal" letters should be sent to other insurance brokers. Schroder Insurance or other broker selected by the Board should determine the marketability of the risk management program. Based on the brokers report, staff will then submit a recommendation to the Board. 09 07 78 1383 Discussion followed. Mr. Carniato, District Counsel, advised the Board to exercise caution in approaching a self-insurance program as there are many problems that would have to be definEd prior to adoption of such a program. Board Members concurred with Mr. Carniato. Mr. Dolan, General Manager-Chief Engineer, also indicated his concurrance with Mr. Carniato in exercising caution, especially since Treatment Plant start-up and the first year of operation are so critical in regard to experiencing equipment and other hazards. Member Boneysteele suggested that staff might contact EBMUD in regard to sharing the services of an Insurance Administrator. Mr. Dolan replied that he ~ould check into the matter. After further discussion and consideration, it was moved by Member Boneysteele, seconded by Member Rustigian, that staff proceed on the schedule and timetable outlined by Mr. Funasaki. Motion Garried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Boneysteele, Rustigian, Carlson and Allan None Campbell Board Members acknowledged receipt of the Risk Management Audit and complimented Mr. Warren on the expertise shown by his firm in its preparation. VI1. NEW BUSINESS ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT AND ADOPTION OF RESPECTIVE RESOLUTIONS AND AUTHORIZE RECORDING 1. After discussion, it was moved by Member Boneysteele, seconded by Member Rustigian, that the easements, as listed below, be accepted at no cost to the District and that respective resolutions be adopted and their recordation authorized. Grantor Job No. Parcel No. J. P. Manning, et ux D. C. Sleeper, etal D. J. Scott L. B. Nelson Corp. 2852 3040 3041 3067 3 1 1 9 RESOLUTION NO. 78-263, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM JAMES PAUL MANNING AND SHARON S. MANNING, (JOB NO. 2852" PARCEL NO.3) RESOLUTION NO. 78-264, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM DONALD C. SLEEPER AND ELEANOR H. SLEEPER, JOB NO. 3040, PARCEL NO.1 RESOLUTION NO. 78~265, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM DENNIS J. SCOTT, JOB NO. 3041, PARCEL NO.1 RESOLUTION NO. 78-266, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM L. B. NELSON CORPORATION, A CALIFORNIA CORPORATION, JOB NO. 3067, PARCEL NO.9 Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Boneysteele, Rustigian, Carlson and Allan None Campbell AUTHORIZATION FOR TWO PARCELS, PA 78-45, SAN RAMON AREA, AND PA 78-46 SAN RAMON AREA, TO BE INCLUDED IN PENDING ANNEXATION TO THE DISTRICT 2. After discussion, it was moved by Member Boneysteele, seconded by 09 07 78 --- ,-----------,..--..-.. ..,..-....,-"..--,-, ..".... .., ....,..,-..,'..-------..-- -"'.. _..,..,_....,- -----, 1384 Member Rustigian that authorization of PA 78-45 and PA 78-46, both in San Ramon Area, to be included in pending annexation to the District be approved. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Boneysteele, Rustigian, Carlson and Allan None Campbe 11 3. APPROVAL OF PLANS AND PROJECT MANUAL (SPECIFICATIONS) AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR DISTRICT SEWERING PROJECT 3039, ACACIA DRIVE, ORINDA AREA Mr. Dolan, General Manager-Chief Engineer, explained that the sanitary sewer pipeline has to be relocated as a condition of securing a permanent easement. Staff has obtained the easement and prepared the plans and specifications. After discussion, it was moved by Member Rustigian, seconded by Member Carlson, that the plans and specifications for DSP 3039, Acacia Drive be approved and that staff be authorized to advertise for bids. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Rustigian, Carlson and Allan None Campbell 4. PERSONNEL Administration APPOINTMENT OF ROBERT BAKER TO THE POSITION OF ASSOCIATE ENGINEER, RANGE 77-A, $1,968, EFFECTIVE 9/11/78 a. Mr. Dolan, General Manager-Chief Engineer, explained that a complication exists in Mr. Baker's appointment in that while management is aware of the Board's desire for registration at the Associate Engineer level, it is not contained in the official District Class Description. However, Mr. Baker is qualified to take the engineers registration examination in April of 1979. After discussion it was moved by Member Boneysteele, seconded by Member Rustigian, that authorization to appoint Robert A. Baker to the position of Associate Engineer, Range 77-A, $1,968, effective September 11,1978, be approved, with the proviso that advancement to permanent status in that position will be conditioned upon successfully receiving registration as a professional engineer with the State of California and a resolution be adopted to that effect. Resolution No. 78-268. Motion carried by the following vote: ~Ot5~ ~~mB~Fš~ ~~~~ysteele, Rustigian, Carlson and Allan ABSENT: Member: Campbell Mr. Dolan indicated that staff will return to the Board in the near future with a request for approval of a revised Class Description for the position of Associate Engineer. b. APPOINTMENT OF DOUGLAS MCMILLAN, JR., TO THE POSITION OF ASSISTANT ENVIRONMENTAL ENGINEER, RANGE 72-A, $1,748, EFFECTIVE 10/16/78 After explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Boneysteele, seconded by Member Rustigian, that authorization to appoint Douglas McMillan to the position of Assistant Environmental Engineer, Range 72-A, $1,748, effective October 16, 1978 be approved and a resolution adopted to that effect. Resolution No. 78-269. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Rustigian, Carlson and Allan None Camp be 11 09 07 78 1385 Engineering (Construction Division) a. APPOINTMENT OF DONITA HOHENSTEIN TO THE POSITION OF SECRETARY, RANGE 52-A, $1,087, EFFECTIVE 9/14/78 After discussion, it was moved by Member Boneysteele, seconded by Member Rustigian, that authorization to appoint Donita Hohenstein to the position of Secretary, Range 52-A, $1,087, effective September 14, 1978 be approved and a resolution adopted to that effect Resolution No. 78-270. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Boneysteele, Rustigian, Carlson and Allan None Campbell b. APPOINTMENT OF HOWARD IMHOLZ TO THE POSITION OF SR. MECHANICAL INSPECTOR, RANGE 73-C, $1,968, EFFECTIVE 9/14/78 After discussion, it was moved by Member Boneysteele, seconded by Member Carlson, that authorization to appoint Howard Imholtz to the position of Sr. Mechanical Inspector, Range 73-C, $1,968, effective September 14,1978 be approved, and a resolution adopted to that effect. Resolution No. 78-272. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Boneysteele, Rustigian, Carlson and Allan None Campbell APPROVAL OF STATEMENT FOR APPRAISAL SERVICE IN CONNECTION WITH TAYLOR BLVD. SITES 5. After discussion, it was moved by Member Boneysteele, seconded by Member Carlson, that authorization to approve a statement from John J. Carniato, District Counsel, in the amount of $700 for appraisal service in connection with the Taylor Blvd. sites be approved. Motion carried by the following vote: ' AYES: Members: NOES: Members: ABSENT: Member: Boneysteele, Rustigian, Carlson and Allan None Campbell 6. ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA a. AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR DSP 2656, WS TRUNK SEWERS, PLEASANT HILL AND WALNUT CREEK After discussion, it was moved by Member Boneysteele, seconded by Member Rustigian, that authorization for the General Manager-Chief Engineer to file a Notice of Completion for DSP 2656 WS Trunk Sewers, Pleasant Hill and Walnut Creek, be approved and its recording also be authorized. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Boneysteele, Rustigian, Carlson and Allan None Campbell b. APPOINTMENT OF EDWARD SCHNITZEL TO THE POSITION OF MAINTENANCE TECHNICIAN IV. MECHANICAL, RANGE 71-B, $1,790, EFFECTIVE 9/14/78 After discussion, it was moved by Member Boneysteele, seconded by Member Carlson, that authorization to appoint Edward Schnitzel to the position of Maintenance Technician IV, Mechanical, Range 71-B, $1,790, effective 9/14/78 be approved and a resolution adopted to that effect. Resolution No. 78-273. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Boneysteele, Rustigian, Carlson and Allan None Campbell 09' 07 ,78 1386 VII 1. REPORTS a. Mr. Dolan reported on the status of the "Simi Valley Conditions". Letters have been sent to State legislators (Nejedly and Boatwright) requesting recommendations on the course of action the District should take. Mr. Dolan indicated that he also had discussions with Mr. Frank Covington of the EPA regarding the matter, and Mr. Dan Van Voorheis, attorney, who is lobbying for Senator Nejedly's Bill SB 2167. It is apparent the problem is being widely discussed in the community. The intended staff action is to send a letter to EPA requesting clarification and simultaneously by explaining the difficulties created by their position to get EPA to rescind the imposed conditions. If unsuccessful, try to obtain State (SWRCB) approval for the inclusion of predesign work as part of the Step I (Study Phase) of the project, and wait for further development in the State and EPA approval of a regional AQMP. b. Mr. Dolan advised that the accountant for Pleasant Hill-Bayshore Disposal has been informed as to the type of supportive data needed in cnssidering Mr. Olney's request for a rate increase. Mr. Dolan informed the Board that Pleasant Hill Bayshore has increased their sludge hauling and dumping rates by $25.00 per load, which amounts to an increase of about 16% in our budget for this item. This rate was to have been effective September 1, 1978 but after discussion with staff, has been deferred to October 1,1978. c. There have been mechanical problems in the influent pumping facility at our plant. Crews have been working late and should have the problems corrected by sometime tomorrow. d. David Niles and Ken Barker have appealed the State Water Resource Control Board's decision on the eligibility of the electric motor driven blower and the propane storage tanks for 5B-I project. As a result of that appeal, the SWRCB has reversed its decision concerning the electric motor driven blower and has approved a grant of approximately $500,000. , e. A citizen called and reported that one of our trucks with three maintenance personnel was parked for an hour and a half with apparently no working activity. Staff has verified the complaint and will be recommending disciplinary action in the near future. f. Mr. Dolan read a letter of response from Mrs. Barabara Zivica regarding the District's budgeting process. 2. COUNSEL FOR THE DISTRICT a. Mr. Carniato requested a brief executive session later in the meeting to discuss a potential litigation matter. b. Mr. Carniato advised that an offer has been submitted on the upper proposed building site and he has spoken to the broker regarding the lower site and he should be receiving definitive replies in a short time. He has also sent a copy of the parcel map to the County Planning Commission and the Pleasant Hill Planning Commission as required. The architects are not proceeding with building design until a site is secured. c. Mr. Carniato advised that the Peterson/Simpson litigation suit has been fil ed. 3. SECRETARY None. 4. COMMITTEES None. 09 07 78 1387 IX. MATTERS FROM THE FLOOR a. Member Boneysteele requested thàt the PG&E complaint also be discussed at the executive session. b. President Allan indicated that staff should update some of the personnel procedures in order to expedite the process of hiring personnel. Mr. Dolan replied that staff is working on revisions to Chapter 4 of the District Code and has intended to include some such changes in that revision. After discussion, it was the consensus of the Board that the General Manager-Chief Engineer be delegated the authority to establish lists of eligible candidates and make appointments from among the top three candidates to fill Board approved positions for all positions below the level of Division Managers, and to submit a monthly report to the Board indicating the personnel actions taken. c. Mr. Dolan indicated that in view of the EQC on the tax bills, it might be desirable to have a competent person draft a press release. He indicated that he had contacted two press consultants and would be coming to the Board with a proposal in the near future. At 9:52 P.M., President Allan recessed the meeting. At 9:59 P.M., President Allan reconvened the meeting. At 10:00 P.M., President Allan declared an executive session to discuss litigation and personnel matters. At 10:23 P.M., President Allan closed the executive session. X. ADJOURNMENT At 10:24 P.M., President Allan adjourned COUNTERSIGNED: Secre ry of t e strict Board of the Central Contra Co ta Sanitary District, County of Contra Costa, State of California 09 07' 78