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HomeMy WebLinkAboutBOARD MINUTES 01-23-91 5 MINUTES OF THE ADJOURNED REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JANUARY 23, 1991 The District Board of the Central Contra Costa Sanitary District convened in an adjourned regular session at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 3 p.m. on January 23, 1991. President Clausen called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Boneysteele, Dalton, Carlson, Rainey, Clausen ABSENT: Members: None 2. PUBLIC COMMENTS None 3. AWARDS AND COMMENDATIONS a. 1990 CALIFORNIA WATER POLLUTION CONTROL ASSOCIATION, SAN FRANCISCO BAY SECTION AWARD FOR OUTSTANDING ACHIEVEMENT IN THE AREA OF SAFETY Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that it is an honor for the District to have received this recognition of our safety program. Mr. Dolan introduced Mr. Jack E. Campbell, Administrative Operations Manager, who stated that the District won this award after submitting an outline of our safety program and participating in interviews and a safety audit. The award was b~sed on the quality of our safety program, its proactive approach, strong support from Board and management, employee recognition, and the results achieved. Mr. Campbell stated that unfortunately the key employees responsible for this award have or will soon leave the employ of the District. Mr. Bruce Lepore, Safety and Loss Control Specialist, has recently gone to work for East Bay Municipal Utility District. Mr. Ed Schnitzel, the Plant Operations Department Maintenance Safety Specialist, will be retiring in the near future. Mr. Campbell announced that he intends to retire at the end of December 1991 as well. In 1991 the District has an opportunity to get new people and ideas so the District can continue to have a safe work force and an award-winning program. President Clausen stated that Messrs. Campbell, Schnitzel, and Lepore and all the District employees are to be commended for their efforts resulting in this significant accomplishment. Mr. Dolan stated that the award is symbolic of the District's concern for its major asset, healthy and safe workers. We will keep trying to get better. 4. CONSENT CALENDAR It was moved by Member Rainey and seconded by Member Carlson, that the Consent Calendar, consisting of Items a. through e., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 91-003 accepting an easement at no cost to the District from Warren Kong Yee, Pleasant Hill area, Job 1468 - Parcel 4, was adopted and recording was authorized. Motion unanimously approved on the following vote: 01 ~:.23 { 91 6 AYES: Members: Rainey, Carlson, Boneysteele, Dalton, Clausen NOES: Members: None ABSENT: Members: None b. The President of the Board of Directors and the Secretary of the District were authorized to enter into and record a Common Use Agreement with the City of Walnut Creek, related to the Arlene Drive Sewer Improvement Project, District Project No. 4539, at no cost to the District, and Resolution No. 91-004 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Carlson, Boneysteele, Dalton, Clausen None None The Board was advised of the close out of the Word Processor Replacement Project, District Project No. 20101. This item was presented for the Board's information. No action was taken. c. Staff was directed to secure the services of an arbitrator in accordance with Step Four of the Grievance Procedure in the matter of the appealed grievance of Dennis Almond, Maintenance Crew Member II. d. Motion was unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Carlson, Boneysteele, Dalton, Clausen None None Notification was received of, Central Contra Costa Sanitary District Employees' Association Local # 1 officers effective January 1, 1991. This item was presented for the Board's information. No action was taken. e. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 5. SOLID WASTE AUTHORIZE THE ALLOCATION OF $33,000 FROM THE GENERAL IMPROVEMENTS PROGRAM CONTINGENCY ACCOUNT FOR THE PUBLICLY OWNED TRANSFER STATION PROJECT, DP 20096 a. Mr. Dolan, General Manager-Chief Engineer, stated that this action represents one more step in the direction of a publicly owned transfer facility for Central County. Following discussion, it was moved by Member Rainey and seconded by Member Carlson, that allocation of $33,000 be authorized from the General Improvements Program Contingency Account to the Publicly Owned Transfer Station Project, DP 20096. Motion , unanimously approved on the following roll call vote: AYES: Members: NOES: Members: ABSENT: Members: t 0 1 ~,'~ 2 3 I, 9 1 Rainey, Carlson, Boneysteele, Dalton, Clausen None None 7 6. ENGINEERING a. AUTHORIZE $526,000 FROM SEWER CONSTRUCTION FUND FOR COLLECTION SYSTEM PROGRAM CONTINGENCY ACCOUNT AND AUTHORIZE ALLOCATION OF THOSE FUNDS TO COMPLETE THE WALNUT CREEK DOWNTOWN PHASE 2 PROJECT, DP 4257 Mr. Dolan, General Manager-Chief Engineer, stated that the figures shown on this position paper are essentially the same as those shown previously to the Board. At this point, staff is trying to negotiate a more favorable outcome but the full amount must be placed in an escrow account as required by the Corps of Engineers. ' Mr. Kenton L. Aim, Counsel for the District, stated that the money will be released periodically after review and approval by the District. It was moved by Member Carlson and seconded by Member Dalton, that allocation of $526,000 in supplemental funding be authorized from the Sewer Construction Fund to the Collection System Program Contingency Account, and that allocation of $526,000 from the Contingency Account be authorized for payments required to complete the Walnut Creek Downtown Phase 2 Project, DP 4257. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Boneysteele, Rainey, Clausen NOES: Members: None ABSENT: Members: None 7. COLLECTION SYSTEM a. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH DOWELL-SCHLUMBERGER TO REHABILITATE 1.740 FEET OF SEWER USING SWAGELINING WITH A COST CEILING OF $94.430 Member Boneysteele stated that he was advised that Dow Chemical owns 50 percent of Dowell-Schlumberger. Member Boneysteele indicated that he has reported an interest in Dow Chemical in excess of $10,000 and less than $100,000. For that reason, Member Boneysteele disqualified himself and abstained from discussion or voting on this matter. Mr. Dolan, General Manager-Chief Engineer, stated that a presentation has not been planned since the position paper is fairly detailed. Staff would be happy to answer any questions. In response to a question from Member Dalton, Ms. Joye Kurasaki, Associate Engineer, showed a sample of a pipe that had been Swagelined and described the process. Ms. Kurasaki stated that CSO field staff have witnessed this technique used on a water project in the City of Martinez. It was moved Member Carlson and seconded by Member Rainey, that Resolution No. 91- 005 be adopted making a finding that the Swage lining technology was designated by trade name in the project in order that a field test may be conducted to determine the Swagelining technology suitability for future District use; that this project be exempt from public bidding requirements; and that the General Manager-Chief Engineer be authorized to execute an agreement with Dowell-Schlumberger Inc. for the rehabilitation of 1,740 feet of sewer at a cost not to exceed $94,430. Motion approved on the following roll call vote: AYES: Members: Carlson, Rainey, Dalton, Clausen NOES: Members: None ABSENT: Members: None ABSTAIN: Members: Boneysteele 'l"""3~.'ftl . ,0 ~":.:.2 1:, Ù 8 8. CORRESPONDENCE a. LETTER FROM MR. JOHN PETRAK REQUESTING REFUND OF OVERPAYMENT OF SEWER SERVICE CHARGES FOR CREEKSIDE GLEN APARTMENTS Mr. Kenton L. Aim, Counsel for the District, reported that clean-up legislation has been discussed to address ambiguities in Senate Bill 1821, relating to refund of overpayment for services not received. At this time it is unclear whether such clean-up legislation will be done. Following discussion, this matter was referred to staff for a report on potential clean-up legislation that could impact this request. ' b. LETTER FROM MS. GAYLE B. UILKEMA, MAYOR OF THE CITY OF LAFAYETTE, REQUESTING THAT A SEWER IMPROVEMENT PROJECT IN THE CITY OF LAFAYETTE BE EXPEDITED AND OFFERING TO COOPERATE ON THAT PROJECT Mr. Dolan, General Manager-Chief Engineer, stated that Engineering has been asked to move the sewer improvement project on Woodland Way, Lafayette, forward. The District wishes to cooperate with the City of Lafayette if possible. Staff will review the matter, meet with the City staff, and report back to the Board recommending the appropriate action to be taken. Following discussion of the potential for use of a joint trench, the matter was referred to staff for a report. COpy OF LETTER FROM MR. JOHN F. CONNORS REGARDING INFRASTRUCTURE CONCERNS c. Following discussion, receipt of the copy of the letter from Mr. John F. Connors to the Town of Moraga was noted. This matter was presented for the Board's information. No action was taken. 9. APPROVAL OF MINUTES a. MINUTES OF DECEMBER 13, 1990 It was moved by Member Boneysteele and seconded by Member Dalton, that the minutes of December 13, 1990, be approved as presented. There being no objection, the motion was unanimously approved. 10. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED JANUARY 23, 1991 Member Rainey, member of the Budget and Finance Committee, stated that she and President Clausen reviewed the expenditures and found them to be satisfactory. Member Rainey stated that President Clausen suggested that staff look into the possibility of insuring employees' contributions in Great Western Bank deferred compensation account. Member Boneysteele suggested that staff also investigate the financial stability of any company willing to write such an insurance policy. Mr. Paul Morsen, Deputy General Manager, stated that he would look into the matter and report back to the Boård. It was moved by Member Rainey and seconded by President Clausen, that the Expenditure List dated January 23, 1991, including Self-Insurance Check Nos. 100490- 100494, Running Expense Check Nos. 57480-57755, and Sewer Construction Check Nos. 9146-9199, be approved as recommended. There being no objection, the motion was unanimously approved. 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 1 ..01- 23' '91 ' p, :: ' !; , ,~;' l '" ,': e ":' ,~\, ' 9 12. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1) Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Bart Brandenburg, the District's representative on the County Hazardous Materials Strike Force. Mr. Brandenburg reported that Mr. Lon Wixson, of the District Attorney's Office, manages the Strike Force activities and program to control environmental crimes. To date, two cases have been settled and $25,000 in fines collected. There are six cases pending which could result in approximately $300,000 to $400,000 additional fines. It is hoped that these cases will be settled in the near future and thus provide short-term funding for the Strike Force. However, the District Attorney is looking for long-term funding for the program. Member Rainey stated that the Board of Supervisors recommended that the District Attorney continue the Hazardous Materials Strike Force Program but cut the funding. Mr. Dolan stated that the District sees an advantage to continuing the program. Staff will keep the Board apprised of any developments in this area. 2) Mr. Dolan introduced Mr. Paul Morsen, Deputy General Manager, who reported that the County Plastics Task Force has worked to encourage recycling of all plastics. Until recently, there was no market for the materials. A market has now been identified and Garaventa has purchased and installed equipment to sort plastics. In addition, a firm has been found that accepts tin cans. If the Board has no objection, staff would direct the collectors to add plastics and tin cans to their recycling programs by May of this year. This will take more room in the recycling trucks and so could have a cost associated with it. At most, this cost is estimated to be 25 cents per household per month. This cost would be considered with all the other costs in the garbage rate analyses. Following discussion, it was moved by Member Rainey and seconded by Member Dalton, that staff notify the collectors to add plastics and tin cans to their recycling programs by May 1991. Motion unanimously approved on the following roll call vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Dalton, Boneysteele, Carlson, Clausen None None 3) At an earlier meeting, Member Carlson pointed out that some of the funding in the Country Gardens/Third Avenue Sewer Improvements Project and Watershed 23 Sewer Replacement Project seemed excessive. Mr. Robert A. Baker, Deputy .chief Engineer, looked into this and made more cuts after further review. Mr. Baker reported that the $107,000 budget for technical services was cut by $30,000. The junior engineer will be reassigned to another project. The duties of the resident engineer were reviewed. Mr. Baker stated that a professional engineer is the appropriate level for this work. There are other jobs going on at the same time in the same area. As the work level permits, the resident engineer's time will be charged to other projects to ensure that the engineer's services are fully utilized. At this time, President Clausen departed from the order of the agenda to take Item 14., Closed Session, to accommodate the District's labor attorney who was present in the audience. 14. CLOSED SESSION a. LABOR RELATIONS With respect to labor relations, the closed session was held pursuant to Government Code Section 54957.6, to meet with designated representatives prior to and during consultations and discussions with the representatives of employee organizations 01~:,:, ~3 ~ 9'1 10 regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits to employees in order to review its position and instruct its designated representatives. b. 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 was not identified because to do so would jeopardize the Board's ability to conclude existing settlement negotiations to its advantage. At 4:08 p.m., President Clausen declared the closed session'to discuss labor relations pursuant to Government Code Section 54957.6 and litigation pursuant to Government Code Section 54956.9(b). At 4:40 p.m., President Clausen concluded the closed session and reconvened the meeting into open session. 15. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None At this time, President Clausen reverted to the order of the agenda. 12. REPORTS 4) Mr. Dolan, General Manager-Chief Engineer, announced that he met with representatives on the County's Wetlands and Wildlife Committee. That committee is interested in converting the pond on the north end of the former Lagiss property into a productive wetlands. Mr. Dolan described the proposed project and indicated that it could be a good project for the District. Board Members cautioned that the technical aspects of the proposed project be examined carefully. Mr. Dolan agreed. 5) Mr. Dolan announced that the District will be publishing a Notice of Significant Violations as required by federal law. ADL Circuits, Inc., Etch- Tek, Inc., Lesher Communications, Ex- Tex, Beckman Instruments, Martinez Terminals, and Santa Fe Pacific were found to be in significant violation of federal and/or local standards during the calendar year 1990. ' 6) Mr. Dolan announced that Waste Management continues to pursue the automated transfer IIPOD" system. The Town of Danville has narrowed the demonstration sites to one on Tassajara Road. County staff appears to be fighting the POD project. The Danville Planning Commission has turned down the one site on Tassajara Road. Mr. Ron Proto, of Waste Management, has appealed this decision to the Danville Town Council. The appeal will be heard on February 5, 1991. Mr. Paul Morsen will attend the meeting. These recent developments do not bode well for the long-term feasibility of a full-scale POD program. 7) Mr. Dolan reported that Mr. Walter Funasaki, Finance Officer, attended and made a presentation at the Board of Supervisors hearing concerning implementation of a County charge for collection of ad valorem taxes. After hearing the testimony, the Board of Supervisors voted to implement the charge immediately. The ,School Districts have indicated they intend to sue and also instigate new legislation to change the law. Unless directed otherwise, the Di~trict would stay neutral. After a brief discussion, Mr. Dolan stated that when the invoice is received from the County, this matter will be calendared for further discussion and direction from the Board as to how to proceed. 8) Mr. Dolan announced that Member Boneysteele and Mr. Morsen will attend the Lafayette City Council meeting on January 28, 1991, to encourage the City to comply with the District's franchise agreement which gives the solid waste collector the right to collect recyclables in the franchise area. 01 :", 23 ;9 1 11 9) Mr. Dolan announced that considerable progress has been made in the clean up and repair of the overflow damage at Overhill Court, Orinda. Staff is finalizing the claim settlement. The results will be summarized in a position paper in the near future. 10) Mr. Dolan announced that a property damage overflow occurred recently in the Mormon Church in Alamo. No damage figures are available at this time, but staff will report to the Board when they are available. ' b. COUNSEL FOR THE DISTRICT Mr. Kenton L. Aim, Counsel for the District, reported on the efforts of the CASA Legislative Committee. Two legislative efforts are going forward, and it was decided not to proceed with a third effort. Mr. Aim reported that efforts are underway to seek amendments of a technical nature to AB 4165, which requires non-binding mediation for resolution of claims disputes of local agencies. CASA is sponsoring a bill which would give local agencies who administer pretreatment programs legal authority to impose administrative fines from $1,000 to $3,000, maximum. The CAS A Legislative Committee decided not to join with the League of California Cities and the Association of California Water Agencies in sponsoring legislation that would prohibit the state from imposing fees on local agencies unless certain requirements have been complied with. The CAS A Legislative Committee took a watch position on this matter. c. SECRETARY OF THE DISTRICT None d. BOARD MEMBERS 1) Member Dalton reported that the Recycling and Household Hazardous Waste Advisory Committee met on January 9, 1991. Topics discussed at that meeting included a survey of collectors to determine how they are responding to customer contacts and a breakdown of garbage from the Waste Characterization Study. Mr. Morsen stated that this breakdown will be presented to the full Board in the near future. President Clausen reported that the February 6, 1991 Solid Waste Export Committee meeting with San Joaquin County has been rescheduled for February 19, 1991. 2) Member Boneysteele reported on the January 1991 CASA Conference highlighting the panel discussion on Everything a Director and Manager Needs to Know, the program on water reuse and reclamation, the presentation on investments in the Local Agency Investment Fund, and the panel discussion on the Clean Water Act. 13. ANNOUNCEMENTS President Clausen announced that he has registered as inactive with the State Bar Association and will no longer be practicing law. President Clausen has maintained his registration with the Mt. Diablo Courthouse Alternatives Program (D-CAP) and will continue to serve as a traveling judge. Member Rainey announced that the County corporation yard has annexed to Mt. View Sanitary District. ' 14. CLOSED SESSION This item was taken out of order earlier in the agenda. 15. ACTIONS RESULTING FROM DISCUSSION IN CLOSED SESSION This item was taken out of order earlier in the agenda. 01 23 9,1 " ",' ... ,. 12 16. ADJOURNMENT There being no further business to come before the Board, President Clausen adjourned 'the meeting at the hour of 5:25 p.m., to reconvene at 6:30 p.m., Thursday, January 24, 1991, for a meeting of the Sanitation and Water Agencies of Contra Costa County to discuss areas of mutual concern. Pr side of the Board of Directors, al Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: S c ta of the Central Contr Costa Sanitary District, County of Contra Costa, State of California 01 . ., .i . .. . , ~3 9"1