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HomeMy WebLinkAboutBOARD MINUTES 04-06-95 52 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON APRIL 6, 1995 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 501 9 Imhoff Place, Martinez, County of Contra Costa, State of California, at 3:00 p.m. on April 6, 1995. President Hockett called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Menesini, Dalton, Rainey, Boneysteele, Hockett ABSENT: Members: None 2. PUBLIC COMMENTS Member Boneysteele stated that there is insufficient time for adequate review of the Board agenda packet. Member Boneysteele requested that this issue be calendared on a future Board agenda at a suitable time to allow staff to propose alternatives for getting information to the Board in advance of the final posting of the agenda. Member Boneysteele also requested that the Board Meeting agenda format be revised to provide an opportunity for Board Members to propose items for consideration at future Board Meetings. Following discussion, it was agreed that a revision to the District Board Meeting Agenda format will be calendared for Board consideration at the April 20, 1995 Board Meeting, and that at a future Board Meeting staff will bring alternatives for delivery of the Board agenda packet to allow more time for Board review prior to the meeting. A video of the recent television coverage of the District's Pollution Prevention Program was shown. President Hockett congratulated Mr. Roger J. Dolan, General Manager-Chief Engineer, for his performance on the two Bay Area news broadcasts and presented him with a token of the Board and staff's appreciation. Mr. Dolan thanked the Board and recognized Deputy General Manager Paul Morsen as the driving force behind the favorable news article and television coverage of the District's Pollution Prevention Program. 3. CONSENT CALENDAR Following discussion of acceptance of easements and the accompanying potential liability, and California Environmental Quality Act (CEQA) findings and determinations, it was moved by Member Menesini and seconded by Member Rainey, that the Consent Calendar, consisting of Items a. through i., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Quitclaim Deed to SRSS Limited Partnership, Job 3393, Portion of Parcel 2, San Ramon Area, was approved, the President of the District Board of Directors and the Secretary of the District were authorized to execute and record said Quitclaim Deed, and Resolution No. 95-014 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Rainey, Dalton, Boneysteele, Hockett None None b. The President of the District Board of Directors and the Secretary of the District were authorized to accept the Grants of Easements from Third Walnut Creek Mutual for Job 1001, Parcels 24 through 36, East Side Sewers, Rossmoor area, recording of said Grants of Easements was authorized, and Resolution No. 95-015 was adopted to that effect. 04 06 95 53 Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Rainey, Dalton, Boneysteele, Hockett None None The General Manager-Chief Engineer was authorized to execute the Bill of Sale for Grant of Easement/Transfer of Sanitary Sewer Systems from UDC Homes, Inc., Job 1001, Parcels A through HH, Rossmoor area, the President of the District Board of Directors and the Secretary of the District were authorized to accept and record said Grant of Easement/Transfer of Sanitary Sewer Systems, and Resolution No. 95-016 was adopted to that effect. c. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: d. Menesini, Rainey, Dalton, Boneysteele, Hockett None None The Grant of Easement Deed from Kenneth R. Walker and Wells Fargo Bank, as Co-Trustees of the Blair H. Walker Testamentary Trust was accepted for the amount of $64,772 for the Pleasant Hill Relief Interceptor Project, DP 4985, staff was authorized to record said Deed with the Contra Costa County Recorder, and Resolution No. 95-017 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Rainey, Dalton, Boneysteele, Hockett None None e. Authorization was given for P.A. 95-6 (Alamo) to be included in a future formal annexation to the District. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: f. Menesini, Rainey, Dalton, Boneysteele, Hockett None None The contract work for the Aeration Basin Selector Project, DP 71"32, was accepted and the filing of the Notice of Completion was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: g. Menesini, Rainey, Dalton, Boneysteele, Hockett None None The contract work for the Irrigation Improvements Project, DP 6101, was accepted and the filing of the Notice of Completion was authorized. Motion unanimously approved on the following vote: 04 06 95 --------------------------...-- 54 AYES: Members: Menesini, Rainey, Dalton, Boneysteele, Hockett NOES: Members: None ABSENT: Members: None h. Kent Von Aspern, Senior Engineering Assistant in the Infrastructure Division, was authorized to attend the U.S. Environmental Protection Agency's National Conference on Sanitary Sewer Overflows, to be held on April 24- 26, 1995 in Washington, D.C. at a cost of $1,375. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Rainey, Dalton, Boneysteele, Hockett None None i. Accounting Trainee Leron Paton, Accounting Technician I Lucia Watson, and Management Information Systems Administrator Andrew Sniderman were authorized to attend the HTE Seventh Annual Users' Conference May 21- 25, 1995 in Long Beach, California, at a cost of $2,650. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Rainey, Dalton, Boneysteele, Hockett None None 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 5. ADMINISTRATIVE a. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO ENTER INTO AN ADDENDUM TO AGREEMENT WITH LAMB & LAMB FOR $85.000 FOR CONTINUATION OF THE DISTRICT'S WORK REDESIGN PROGRAM Mr. Dolan, General Manager-Chief Engineer, stated that the District's Work Redesign Program and the proposed addendum to the agreement with Lamb & Lamb were discussed in detail at the last Board Meeting. At that time some interest was expressed in seeing a breakdown of the consulting hours and that has been provided. Following discussion, it was moved by Member Rainey and seconded by Member Dalton, that the"General Manager-Chief Engineer be authorized to enter into an addendum to the agreement with Lamb & Lamb in the amount of $85,000 for the continuation of support for the District's Work Redesign Program. There being no objection, the motion was unanimously approved. 6. ENGINEERING a. ACCEPT GRANTS OF EASEMENT FROM 12 MARTINEZ RESIDENTS AS PART OF THE MARTINEZ EASEMENT ACQUISITION PROJECT. DP 5154 Mr. Dolan, General Manager-Chief Engineer, stated that this effort is another of the significant accomplishments of Mr. Jay S. McCoy, Infrastructure Division Manager. These easements relate to a contract with the City of Martinez that dates back to 1967. Mr. Dolan introduced Mr. McCoy, who stated that about a year ago, the Board and the Martinez City Council passed a resolution of cooperation regarding granting of sanitary sewer easements. The required easements within the first area are now ready for acceptance. Twelve easements were needed in this area and all were obtained. Work 04 06 95 55 will proceed for obtaining the remaining 160 easements in a six-year timeframe. Those easements are scattered throughout the City. If staff is unable to secure a particular easement, an Easement Declaration will be filed and at the end of the process, a Quiet Title action will be initiated. It was moved by Member Menesini and seconded by Member Dalton, that Grants of Easement from Paula A. Gorelick, Paul A. Murray, Louis and Rose C. Rangel, George A. and Debora L. Washnak, Alexander L. and Gwendolyn D. Fonceca Trust, Dorothy Almond Trust, Michael and Stephanie L. Varisto, Wayne See berg, Richard D. and Barbara L. Linam, Terry and Bonnie Andrews, Robert H. and Paula L. Radoff, and Russel E. and Donna M. Abbott be accepted, that staff be authorized to record said Grants of Easements with the Contra Costa County Recorder, and that Resolution Nos. 95-018. 95-019. 95- 020. 95-021. 95-022, 95-023, 95-024. 95-025. 95-026. 95-027. 95-028, and 95-029 be adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Dalton, Rainey, Boneysteele, Hockett None None b. APPROVE A $68.926 CONSTRUCTION CONTRACT CHANGE ORDER ON THE HEADWORKS FACILITIES IMPROVEMENT PROJECT, DP 7069. FOR SERVICES OF A SAFETY SPECIALIST Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Ronald S. Klimczak, Senior Engineer, who stated that the magnitude and complexity of the Headworks Facilities Improvement Project contributed to construction work hazards including construction of a new gas distribution facility for landfill gas, propane and natural gas systems, potentially hazardous gas pockets encountered during the design phase geotechnical investigations, and confined space entry work. For these reasons, the requirement was made for the contractor to provide a safety specialist as part of the contract responsibility. The contract also included the use of a Disputes Review Board. Mr. Klimczak reviewed the background of the three Disputes Review Board Members and the disputes resolution process. Mr. Klimczak summarized the components of the change order relating to safety specialist services and the determination of the Disputes Review Board. Following discussion, it was moved by Member Rainey and seconded by Member Dalton, that the General Manager-Chief Engineer be authorized to execute a contract change order with Humphrey Construction, Inc. in the amount of $68,926 for safety specialist services on the Headworks Facilities Improvement Project, DP 7069. There being no objection, the motion was unanimously approved. 7. PERSONNEL RECEIVE AND CONSIDER PERSONNEL REQUESTS. FISCAL YEAR 1995-1996 a. Copies of the Personnel Budget requests for Fiscal Year 1995-1996 had been previously distributed to the Board and reviewed by the Personnel Committee. Deputy General Manager Paul Morsen, Deputy Chief Engineer Robert A. Baker, Collection System Operations Department Manager John A. Larson, and Plant Operations Department Manager Charles W. Batts reviewed their respective Personnel Budget requests. Following discussion of the need for continuity in the work force and the time spent in orientation and training, and the ability of staff to respond to emergencies with fewer employees, President Hockett declared that the Personnel Budget requests for Fiscal Year 1995-1996, identified as Items 1 through 13 in the position paper, were duly received. It was noted that the Personnel Budget will be submitted for Board approval at the April 20, 1995 Board Meeting. 04 06 95 56 b. AUTHORIZATION TO HIRE SEASONAL EMPLOYEES It was moved by Member Menesini and seconded by Member Dalton, that the hiring of 29 persons for seasonal employment for Fiscal Year 1995-1996 be authorized. There being no objection, the motion was unanimously approved. a. 8. LEGAL/LITIGATION DENY CLAIM FOR PROPERTY DAMAGE BY GEICO INSURANCE ON BEHALF OF AMY FALTZ It was moved by Member Dalton and seconded by Member Rainey, that the claim for $6,630.19 by Geico Insurance on behalf of Amy Faltz for vehicle damage and rental car reimbursement be denied and referred to staff for further action as required. There being no objection, the motion was unanimously approved. b. DENY CLAIM AND DENY APPLICATION FOR LEAVE TO PRESENT LATE CLAIM FROM ALLSTATE INSURANCE COMPANY ALLEGING PERSONAL PROPERTY AND REAL PROPERTY DAMAGES AS A RESULT OF THE NEGLIGENCE OF A CONTRACTOR ON A SEWER CONSTRUCTION PROJECT In accordance with Government Code Section 911.6 (b), Mr. Kenton L. Aim, Counsel for the District, advised that the Board specifically deny the portion of the claim relating to real property damage and the application for leave to present late claim for the personal property damage portion of the claim. Following discussion of the claim and the application, it was moved by Member Rainey and seconded by Member Menesini, that the portion of the claim for $46,554.81 relating to real property damage from Allstate Insurance Company, as subrogee for homeowner Les Raven, be denied; and further that the application for leave to file late claim concerning personal property damages be denied based on the lack of good cause being set forth in the application. The matter was referred to staff for further action as required. There being no objection, the motion was unanimously approved. a. b. c. 9. APPROVAL OF MINUTES MINUTES OF MARCH 2. 1995 MINUTES OF MARCH 7. 1995 MINUTES OF MARCH 16. 1995 It was moved by Member Dalton and seconded by Member Rainey, that the minutes of March 2, 1995, the minutes of March 7, 1995, and the minutes of March 16, 1995, be approved as presented. There being no objection, the motion was unanimously approved. a. 10. APPROVAL OF EXPENDITURES EXPENDITURE LIST DATED APRIL 6. 1995 It was moved by Member Menesini and seconded by Member Boneysteele, that the Expenditure List dated April 6, 1995, consisting of Self-Insurance Check Nos. 100943- 100951, Running Expense Check Nos. 88274-88640, Sewer Construction Check Nos. 15435-15519, and Payroll Check Nos. 38002-38278, be approved as recommended. There being no objection, the motion was unanimously approved. a. 11. BUDGET AND FINANCE ADOPT THE REVISED CAFETERIA PLAN DOCUMENTS MODIFIED TO MEET NEW INTERNAL REVENUE CODE REQUIREMENTS AND HTE SYSTEM REQUIREMENTS Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Rainey and seconded by Member Dalton, that the revised Cafeteria Plan documents modified to meet new Internal Revenue Code requirements and HTE system 04 06 95 57 requirements be approved as recommended. There being no objection, the motion was unanimously approved. None a. 12. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 13. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, reviewed the Directors' Fees and Expenses line item in the Operations and Maintenance Budget and proposed that it be augmented by $6,400 because of the increased frequency in Board Meetings and to provide funding should Board Members wish to attend additional training/conference events such as the Special District Board Management Institute or the Water Environment Federal Technical Conference. Following discussion, it was the consensus of the Board that the line item be reduced by $1,800 in the draft budget; and, that the Board could further consider this line item when the O&M Budget comes up for adoption. 2) Mr. Dolan, General Manager-Chief Engineer, reported that work is progressing on the Cogeneration Project. A tour has been scheduled following the May 4, 1995 Board Meeting for anyone interested and available. 3) Mr. Dolan, General Manager-Chief Engineer, stated that in recent years in response to regulatory mandates, the District has expanded its efforts to reduce pollutant levels by such means as small/commercial generator programs and public education. These two elements of the District's Pollution Prevention Program benefit the City of Concord as well as the District; however, during the development phase of the program, Concord has not been charged. Now that the Pollution Prevention Program has been developed and the costs understood, it would appear appropriate to have a prorata share of these costs included in the charges to Concord. Adjusting the burden for the payment for these programs among various customer groups within the District can be handled by Board level rate- setting decisions. For example, this spring, staff will be recommending that commercial rates be raised selectively to cover the cost of the commercial Pollution Prevention Program. However, comparable rate setting decisions within Concord would be made by the Concord City Council. The selective adjustment of rates within Concord is a relatively minor item compared to the matter of having Concord pay for their portion of the Pollution Prevention Program. If the Board concurs, staff will meet with the City of Concord staff to discuss these topic area. 4) Mr. Dolan, General Manager-Chief Engineer, stated that the Board recently decided that the District should authorize reimbursement to the franchisees of 75 percent of the reasonable and allowable legal fees for the Acme litigation from the impound account. At the time of the Board decision, no discussion occurred with regard to handling reimbursement requests from franchisees who have outstanding payments due to the District as is the case with Orinda Moraga Dispose-All. Mr. Dolan introduced Ms. Deborah Ratcliff, Controller, who reviewed the situation with regard to Orinda Moraga Dispose-AlI's past due franchise fees and past due legal impound of $83,538.07. Ms. Ratcliff stated that including the current invoices for franchise fees and legal impound account monies, Orinda Moraga Dispose- All will owe the District a total of $547,371.07 through termination of the contract in February 1996. Orinda Moraga Dispose-All has been given special consideration by allowing the franchise fee to be paid on a monthly basis. If a monthly schedule had not been agreed upon, the majority of that $547,371.07 would now be due and payable. Orinda Moraga Dispose-All has requested reimbursement of 75 percent of legal expense from the legal 04 06 95 58 b. c. d. 2) 3) impound account in the amount of $19,312. Ms. Ratcliff distributed a letter for the Board's consideration indicating that the $19,312 will be credited against the company's past due balance. The letter further expressed concerns relative to Orinda Moraga Dispose-AlI's continuing problem of late payments. Following discussion, staff was authorized to send the draft letter to Orinda Moraga Dispose-All together with a reconciliation. 5) Mr. Dolan, General Manager-Chief Engineer, announced that Mr. John A. Larson, Collection System Operations Department Manager, has been asked to run for Director of the California Water Environment Association. If he receives the appointments he will need to leave early from the first Board meeting each month to fulfill an obligation of the position. 6) Mr. Dolan, General Manager-Chief Engineer, announced that Shappell Industries of Northern California held a public meeting to discuss their proposal that the annual operating expense for the West Branch Pumping Station in the Dougherty Valley be transferred to a charge per parcel and collected by the District on the tax bill. Mr. Jay S. McCoy, Infrastructure Division Manager, attended that meeting. One homeowner attended the meeting. Notice had been sent to all homeowners. The Board requested a copy of the notice sent to the homeowners. COUNSEL FOR THE DISTRICT None SECRETARY OF THE DISTRICT None BOARD MEMBERS 1 ) President Hockett stated that during this busy time of year when additional committee meetings are required, it seems appropriate to review the resolution setting forth procedures for appointment and compensation for Board Committees. Copies of the resolution were distributed for Board review and comment. President Hockett restated the Board's policy as set forth in the resolution, that only the official representative, delegate, or alternate at Board Committee Meetings shall be compensated and that all standing, ad hoc, or special committees shall be as directed by the Board or on the call of the Chair of the Committee. Discussion followed with regard to workshops on particular topics of interest, activities of individual Board Members for other organizations that may be of direct or indirect benefit to the District, and the issue of whether the Board Members should participate in national technical and training events. This matter was calendared for further consideration at the April 20, 1995 Board Meeting. Mr. Paul Morsen, Deputy General Manager, provided an update on the Central Contra Costa Solid Waste Authority (CCCSWA) Request for Proposals (RFP). Six proposals were received and are being evaluated. An overview will be presented at the April 27, 1995 CCCSWA Board Meeting. Member Rainey reported that the Local Agency Formation Commission (LAFCO) will meet next week. There is nothing new to report at this time. At 6:02 p.m. Member Rainey apologized, indicating that she had to leave the meeting to attend the Mayors' Conference meeting to discuss the proposed Household Hazardous Waste Program. 4) 04 Member Boneysteele reported that the Capital Projects Committee met on March 21, 1995 to review the proposed Capital Improvement Budget (CIB). The CIB will be presented to the full Board on April 20, 1995. 06 95 59 5) President Hockett reported that the Personnel Committee met on March 27, 1995. In addition to review of the Personnel Budget, the Personnel Committee considered and supports filling the vacant Secretary III position in the Infrastructure Division. It was moved by Member Menesini and seconded by Member Dalton, that authorization be given to fill the vacant Secretary III position in the Infrastructure Division with the understanding that as a result of transfers and promotions a new employee may join the District at a level lower than the Secretary III level. There being no objection, the motion was approved with Member Rainey being absent. 6) Member Boneysteele reported that the Sanitation and Water Agencies of Contra Costa County met on March 23, 1995. The main topic of discussion was identification and elimination of caulking materials containing PCBs and lead. 7) Member Menesini provided an update on the activities of the San Francisco Bay Estuary Education Committee, of which he is Chair. Much is being done to educate the public on toxins going into the Bay and there is an opportunity for all Bay Area sanitation districts to join together in this effort. 14. ANNOUNCEMENTS President Hockett announced that Members Menesini and Rainey have agreed to participate with staff on a Task Force to plan the District's 50th anniversary celebration. 1 5. CLOSED SESSION a. 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 Acme Landfill Corp. v. Althin CD Medical, Inc., CCCSD, et ai, U.S. District Court No. C91-4268 SBA. At 6: 17 p.m., President Hockett declared the closed session to discuss litigation pursuant to Government Code Section 54956.9(a). At 6:56 p.m., President Hockett concluded the closed session and reconvened the meeting into open session. 16. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION Mr. Kenton L. Aim, Counsel for the District, stated that no votes were taken and nothing is required to be reported at this time. 17. ADJOURNMENT There being no further business to come before the Board, President Hockett adjourned the meeting at the hour of 6:56 p.m. 21. , /> , ---- . . ¿Îd . 4 tI?;/(. ) . President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 04 06 95