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HomeMy WebLinkAboutBOARD MINUTES 04-05-90 57 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON APRIL 5, 1990 I 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 p.m. on April 5, 1990. President Carlson called the meeting to order and requested that the Secretary call roll. I. ROLL CALL PRESENT: Members: Boneysteele, Dalton, Clausen, Rainey, Carlson ABSENT: Members: None II. PUBLIC COMMENTS None III. AWARDS AND COMMENDATIONS 1. COMMENDATION BY ENCROACHMENT ENGINEER OF THE CITY OF ORINDA FOR TRAFFIC CONTROL AND WORK DONE BY CSO MAINTENANCE CREW LEADER JESSE LAWRENCE AND HIS CREW. MAINTENANCE CREW MEMBER II CHUCK GARDNER. CONSTRUCTION EOUIPMENT OPERATOR JIMMY LUJAN. MAINTENANCE CREW MEMBER II JOE WHITE. AND TEMPORARY EMPLOYEE ALBERT PERKINS Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that a letter was received from Mr. Robert E. Fisher, Encroachment Engineer for the City of orinda, commending the fine work done by the crew led by Mr. Jesse Lawrence, CSO Maintenance Crew Leader. Pres ident Car lson asked Mr. John Larson, CSO Department Manager, to carry the thanks of the Board of Directors back to Messrs. Jesse Lawrence; Chuck Gardner, Jimmy Lujan, Joe White, and Albert Perkins. IV. HEARINGS 1. HOLD A PUBLIC HEARING AND ADOPT AN ORDINANCE TO MAKE CHANGES TO THE DISTRICT CODE RELATED TO REOUIREMENTS FOR INSURANCE FOR PRIVATE SEWER CONTRACTORS Mr. Dolan, General Manager-chief Engineer, stated that this item is a follow on to an earlier item by which the Board changed the District's procedure for acceptance of easements. District exposure to claims of liability for damages caused by an uninsured District-permitted contractor will be reduced by this proposed change. This change does not affect the monitoring of insurance on contractors employed by the District. At 3:04 p.m., President Carlson opened the public hearing to consider changes to the District Code related to the District monitoring of insurance for private sewer contractors. There being no comments in favor of or in opposition to the proposed changes, the public hearing was closed. Following discussion, it was moved by Member Dalton and seconded by Member Rainey, that Ordinance No. 174 be adopted, modifying section 5.08.010 of the District Code relating to requirements for insurance for private sewer contractors. Motion unanimously approved on the following vote: 04 ,i ~ .. .. 05 90 " 58 AYES: Members: Dalton, Rainey, Boneysteele, Clausen, Carlson NOES: Members: None ABSENT: Members: None v. CONSENT CALENDAR It was moved by Member Rainey and seconded ,by Member Clausen, that the Consent Calendar, consisting of eight items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resolution No. 90-041 accepting an easement at no cost to the District from Pointe West Associates, San Ramon area (Job 4707 Parcell) 'was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Rainey, Clausen, Boneysteele, Dalton, Carlson NOES: Members: None ABSENT: Members: None 2. Resolution No. 90-042 accepting an easement at no cost to the District from Craig Schlatter, et ux, Lafayette area (Job 4699 Parcell) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Rainey, Clausen, Boneysteele, Dalton, Carlson NOES: Members: None ABSENT: Members: None 3. Resolution No. 90-043 accepting an easement at no cost to the District from J. A. Johnson, Inc., Profit Sharing & Trust, Alamo area (Job 4716 - Parcel 2) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Rainey, Clausen, Boneysteele, Dalton, Carlson NOES: Members: None ABSENT: Members: None 4. RESOLUTION No. 90-044 accepting an easement at no cost to the District from Robert A. Smith, et aI, Alamo area (Job 4716 - Parcel 3) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Rainey, Clausen, Boneysteele, Dalton, Carlson NOES: Members: None ABSENT: Members: None 5. .' ..' '04 105 Quitclaim Deed was approved to C&H Partnership, Alyvet Capitol Corp., ATC Realty Fourteen, Inc., and Land Factors, Inc., Job Nos. 3192 and 4624, the President of '~90 59 the District Board of Directors and the Secretary of the District were authorized to execute and record said Quitclaim Deed, and Resolution No. 90-045 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Rainey, Clausen, Boneysteele, Dalton, Carlson NOES: Members: None ABSENT: Members: None 6. The easement agreement with Standard Pacific Gas Line, Inc., for a gas pipeline on District Treatment Plant property was approved, the President of the District Board of Directors and the Secretary of the District were authorized to execute and return said easement agreement to standard Pacific Gas Line, Inc. for recording, and Resolution No. 90-046 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Rainey, Clausen, Boneysteele, Dalton, Carlson ,NOES: Members: None ABSENT: Members: None 7. Authorization was given for P.A. 90-5 (Alamo), P.A 90-6 (Alamo), and P.A. 90-7 (Lafayette) to be included in a future formal annexation to the District. Motion unanimously approved on the following vote: AYES: Members: Rainey, Clausen, Boneysteele, Dalton, Carlson NOES: Members: None ABSENT: Members: None 8. The amended assessment diagram for Local Improvement District 56, Walnut Creek area, was confirmed, assessment amounts were apportioned, and recording of said diagram was authorized. Motion unanimously approved on the following vote: AYES: Members: Rainey, Clausen, Boneysteele, Dalton, Carlson NOES: Members: None ABSENT: Members: None CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None VI. SOLID WASTE 1. PRESENTATION ON IMPLEMENTATION OF THE RECYCLING PROGRAM Mr. Paul Morsen, Deputy General Manager, reviewed the recycling programs implemented in the District's franchise areas. Pleasant Hill Bayshore Disposal implemented a single container recycling program in June 1989. In June 1989, 14.8 pounds of recyclables were collected per household in Pacheco; in October 1989,20.3 pounds of recyclables were collected per household; and .". , . 04 05' 90 60 in January 1990, household. 20.3 po~nds of recyclables were collected per A drop-off recycling program was implemented in the community of Clyde. The Board.of Directors allowed implementation of the drop-off program with the caveat that it be at least as successful as the Pacheco curbside recycling program. In the month of June 1989, 38.2 pounds of recyclables were collected per household in Clyde; in October 1989, 39.3 pounds of recyclables were collected per household; and in January 1990,49.5 pounds of recyclables were collected per household. Mr. Morsen recommended that the Board allow the drop-off recycling program to continue in the community of Clyde. Mr. Morsen reported that the Orinda-Moraga Disposal Service, Inc. curbside recycling program began in September 1989. Mr. George Navone, of Orinda-Moraga Disposal Service, developed a special program and recycling equipment to serve the steep, narrow streets in Orinda and Moraga. The Board of Directors nominated this program for a Contra Costa County recycling award. In November 1989, 53.9 pounds of recyclables were collected per household in Orinda and Moraga; and in February 1990, 47.7 pounds of recyclables were collected per household. Mr. Morsen reported that Valley Waste Management was the first to come on line with a pilot recycling program but the last to fully implement a permanent program. The last containers are now being delivered in the unincorporated areas of Walnut Creek. During the pilot program an average of 52.4 pounds of recyclables were collected per household in Alamo; 54.2 pounds of recyclables were collected per household in Danville; and 45.7 pounds of recyclables were collected per household in Lafayette. To date, the tonnage collected in the permanent programs is similar to the amounts collected in the pilot program. Mr. Morsen stated that recycling programs have been implemented throughout the District's franchise area. All recycling programs have been successful. Mr. Morsen stated that future priorities with regard to AB 939 include continued public education and awareness, implementation of commercial customer recycling programs, implementation of green waste recycling, and development of strategies for meeting ultimate AB 939 goals. Discussion followed concerning handling of empty recycling containers, markets for recycled materials, and recycling of mixed plastics. President Carlson thanked Mr. report. Morsen for the informative VII. COLLECTION SYSTEM 1. AUTHORI ZE THE ATTENDANCE OF JOYE KURASAKI. ASSOCIATE ENGINEER. AT "NO DIG 90" CONFERENCE ON APRIL 23-25. 1990 Mr. Dolan, General Manager-Chief Engineer, stated that this matter was discussed with the Board on a previous occasion; and with the Board's concurrence, a position paper was prepared for consideration. The District has done a significant amount of trenchless (No Dig) work and plans even more in the future. It was moved by Member Dalton and seconded by Member Boneysteele, that the attendance of Joye Kurasaki at the "No Dig 90" Conference and Equipment Show in Rotterdam, The Netherlands, on April 23-25, 1990, be authorized, and overrun of the Collection System Operations Department Technical Training, Conferences, and Meetings account by $2,700 be authorized. There being no objection, the motion was unanimously approved. 04 0".5 90 < .' , . '^ .' .~ .~. < . 'I . " 61 VIII. PERSONNEL CONSIDER A WELLNESS PROGRAM FOR CENTRAL CONTRA COSTA SANITARY DISTRICT 1. Mr. Dolan introduced Mr. Bruce Lepore, Safety and Loss Control Specialist, who reviewed the basic components of the proposed Wellness Program and the life style approach that would be used. Mr. Lepore stated that the program would be voluntary and totally confidential. Individual health assessments would be done, risk factors identified, and a specific plan designed for each participant. The goals of the Wellness Program are to: 1) reduce sick time usage by 2.5 days per year; 2) stabilize health insurance costs; and 3) maintain the three-year decline in experience modification for Workers' Compensation Insurance. To fund the program, Mr. Lepore requested that $25,000 be included in the proposed O&M Budget and $25,000 be included in the Equipment Budget for the coming year. Following discussion of participation rates, incentives to increase participation, and the need for monitoring participation, it was moved by Member Dalton and seconded by Member Rainey, that staff be authorized to continue planning of a District Wellness Program to begin with the 1990-1991 Fiscal Year and that $25,000 be included in the District. s proposed O&M Budget and $25,000 be included in the proposed Equipment Budget for that year as the initial funding for the Wellness Program. There being no objection, the motion was unanimously approved. 2. RECEIVE AFFIRMATIVE ACTION UPDATE - 1989 Ms. Cathryn Freitas, Personnel Officer and Affirmative Action Còmpliance Officer, presented the Affirmative Action Update for 1989 and reported that for the first time in District history more women and minorities were hired than white males. However, a number of women and minorities left the District employment during the same period. In order to continue affirmative action hiring and training efforts during the coming year, Ms. Freitas recommended the use of a trainee program and on-campus recruitment particularly for entry level engineering positions. Following discussion during which the Board provided guidance on on-campus recruiting, President Carlson declared that the Affirmative Action Update for 1989 was duly received. President Carlson complimented the Affirmative Action Committee and staff on the progress being made. 3. AUTHORIZATION TO HIRE SEASONAL EMPLOYEES Following explanation by Mr. Dolan, General Manager-chief Engineer, it was moved by Member Dalton and seconded by Member Boneystee1e, that the hiring of 42 persons for seasonal employment be approved and that the hourly rates for seasonal employees be increased by $1.00 per hour. There being no objection, the motion was unanimously approved. RECEIVE AND CONSIDER PERSONNEL BUDGET REQUESTS FOR FISCAL YEAR 1990-91 4. Copies of the Personnel Budget requests for the Fiscal Year 1990-91 were previously distributed. Collection System Operations Department Manager John A. Larson, Plant Operations Department Manager Charles W. Batts, Deputy Chief Engineer Robert A. Baker, and Deputy General Manager Paul Morsen reviewed the Personnel Budget requests for their respective departments. In the discussion that followed, President Carlson recommended that the desirability of computer knowledge be added to the class description for the Plant Maintenance Division Manager and Principal Buyer positions. President Carlson requested salary survey information from Contra Costa County and Contra Costa Water District with regard to the Principal Buyer position. Mr. Dolan 0.4 0:.5:' : 9~O"; 62 stated that the salary information requested would be obtained even if the positions are not directly comparable. As discussed at the Personnel Committee meetin'g, Member Boneysteele stated that the Purchasing and Materials Control Section also performs functions which are not completely reflected in the job titles. Member Boneysteele requested that staff look into this. Mr. Dolan stated that as a result of the discussion in the Personnel Committee meeting, staff was planning to consider the matter prior to preparing the 1991/92 Personnel Budget. Mr. Dolan reviewed the incremental effect of the Personnel Budget requests on the Sewer Service Charge as set forth in the cover memorandum to the position paper. Member Clausen indicated that he would have difficulty approving any staff increases that do not reflect equal staff decreases within the District because of the impact on the Sewer Service Charge. There being no further questions or comments, President Carlson indicated that the Personnel Budget requests for Fiscal Year 1990-91 were duly received. IX. LEGAL/LITIGATION 1. RETURN AS UNTIMELY AND DENY CLAIM SUBMITTED BY J. LEWIS & SON. INC. Member Clausen stated that Danville Home Improvement Center, which was represented by a member of the firm with which he is associated, was a party to the previous litigation filed by J. Lewis & Son, Inc. Mr. Kent AIm, Counsel for the District, stated that he has no knowledge of the involvement of Danville Home Improvement Center in this claim. It was moved by Member Dalton and seconded by Member Rainey, that the claim submitted by J. Lewis & Son, Inc., be returned as untimely with regard to all acts covered in the earlier claim and all.acts occurring before February 22, 1989; further, that the claim be returned as untimely for all personal injury claims arising on or before June 12, 1989; and lastly, that the remaining portion of the claim, if any, .be denied. There being no objection, the motion was unanimously approved. X. CORRESPONDENCE 1. NOTE RECEIPT OF LETTER FROM MR. STEPHEN A.. MINTON. JR. CONCERNING GARBAGE INCINERATION AND LEVEL OF REFUSE COLLECTION SERVICE Receipt of the letter from Mr. Stephen A. Minton concerning garbage incineration and the level of refuse collection service was noted, and staff was directed to draft a response for the signature of the President of the Board of Directors. 2. RECEIVE LETTER FROM MR. GEORGE NAVONE. VICE-PRESIDENT OF ORINDA-MORAGA DISPOSAL SERVICE. INC.. REQUESTING APPROVAL FOR TRANSFER IN OWNERSHIP OF THE COMPANY TO W. DOUGLAS LOMOW. ET AL . Mr. Dolan, General Manager-Chief Engineer, directed the Board's attention to the proposed schedule of Board actions with regard to the request for approval for transfer in ownership of Orinda-Moraga Disposal Serviç:e, Inc. Mr. Dolan suggested that this request be handled in the same way other requests for transfer have been handled. The Board concurred. President Carlson indicated thqt staff should respond in accordance with the schedule and that a public hearing should be scheduled for May 17, .1990 to consider the transfer of Orinda-Moraga Disposal Service, Inc., to W. Douglas Lomow, et al. 04.., 0.5..,: 9.0.',: ,.' . . 63 XI. APPROVAL OF MINUTES 1. MINUTES OF MARCH 1. 1990 It was moved by Member Boneysteele and seconded by Member Clausen, that the minutes of March 1, 1990 be approved as presented. There being no objection, the motion was unanimously approved. 2. MINUTES OF MARCH 15. 1990 It was moved ~y Member Clausen and seconded by Member Dalton, that the minutes of March 15, 1990 be approved as presented. There being no objection, the motion was approved with Members Boneysteele and Rainey abstaining because they were not present at the meeting of March 15, 1990. XII. APPROVAL OF EXPENDITURES 1. EXPENDITURE LIST DATED APRIL 5. 1990 Member Boneysteele, member of the Budget and Finance Committee, stated that he and Member Dalton reviewed the expenditures and found them to be satisfactory. It was moved by Member Boneysteele and seconded by Member Dalton, that the Expenditure List dated April 5, 1990, including Self-Insurance Fund Check Nos. 100436-100437, Running Expense Fund Check Nos. 52005-52272, Sewer Construction Fund Check Nos. 8072- 8121, and Payroll Fund Check Nos. 19721-19989, be approved as recommended. Following discussion, the motion was unanimously approved. XIII. EMERGENCY SITUATIONS REOUIRING BOARD ACTION None XIV. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan, General Manager-Chief Engineer, stated that the question of recovery of costs of State-mandated programs came up when the Board considered the new requirements for testing for air quality. At the last Board meeting, staff was directed to do some additional work in this area. Mr. Dave williams, Engineering Division Manager, drafted a memorandum that was sent to the Board wi th a cover memorandum from Mr. Dolan. At the time these documents were sent to the Board, Mr. Dolan was not aware that the Board had discussed the issue and directed staff to proceed. Staff will, of course, proceed as.the Board directed. Mr. Kenton L. AIm, Counsel for the District, briefly described the statutes relating to filing a claim and receiving reimbursement. In the discussion that followed, Member Clausen requested that staff determine the ,level of interest of other sanitary districts in pursuing a claim. However, the Board does not wish to have the District file a claim at this time. Mr. Dolan indicated staff will discuss this matter with other sanitary districts and Mr. AIm will talk to the other attorneys at the CASA meeting. Staff will advise the Board of the results of these discussions. b. Mr. Dolan introduced Mr. James M. Kelly, Planning Division Manager, who reviewed the process for compliance and enforcement of the District's pretreatment program. There are potential enforcement actions pending against the Exxon station in Moraga, ADL Circuits in Concord, Etch-Tek in North Concord, Lesher in Walnut Creek, Conco Cement Company in North Concord, the County jail in Martinez, AeroTurbine in San Ramon, Walnut Creek Honda in Walnut Creek,the city 'of Martinez Corporation Yard in Martinez, 04 05. 90 64 Harbor Lights Restaurant in Danville, and Bolinger Canyon. Notices of violations either have been or will be sent to these parties. The most serious offenses are likely to result in recommendations to the Board to take serious actions including fines or cessation of service. President Carlson recommended that the District require a bond or cash deposit of the serious offenders to show good faith. Mr Kelly indicated that was a good idea and that a contract was also being considered. c. Mr. Dolan reported that at the close of this meeting, the Board will adjourn to 8:30 a.m. tomorrow, April 6, 1990, for an inspection tour of the proposed landfill sites. Three members of the Grand Jury will also tour the proposed landfill sites. d. Mr. Dolan reported that the District will have a booth at the County's Earth Day celebration on April 12, 1990, at Bishop Ranch. Solid waste information and the annual report will be distributed. In conjunction with Earth Day, Valley Waste Management has requested that the District and the cities co-sponsor a tree planting event. Valley Waste Management will plant one tree for each ton of recyclables collected in each city where they provide service. with President Carlson's concurrence, they would expect to pass this cost on as an operating expense. President Carlson agreed. Mr. Charles Batts, Plant Operations Department Manager, has made progress on the Treatment Plant Landscaping proj ect. In meetings with the Blum Road group, locations were selected and trees will be planted as part of the Earth Day celebration. e.. Mr. Dolan reported that scoping sessions for the Contra Costa Boulevard/A Line Project were recently held. Mr. David Williams, Engineering Division Manager, provided an overview of the proj ect to the Board and reported the results of the scoping sessions and the key project issues identified. f. Mr. Dolan distributed the garbage brochure and reported that staff will begin mailing the brochure next week. Ms. Sara Hoffman, Contra Costa County Solid Waste Manager, addressed the Board commending staff on the highly readable, attractive brochure. Ms. Hoffman took exception to the section of the brochure dealing with landfill/transfer station, stating that the Board of Supervisors has sited a new landfill. Ms. Hoffman . requested that this section be revised by means of an overlay sticker. In the discussion that followed, Member Boneysteele stated that the information presented is subject to interpretation and is nqt erroneous. At the time the brochure went to press, the Board of Supervisors had not selected a new landfill site. The Board commended staff on the excellent job. g. Mr. Dolan announced that the District is advertising for bids on the Sludge Blending Project. currently h. Mr. Dolan announced that the documents concerning the requested assignment of the Pleasant Hill Bayshore Disposal franchise were due yesterday but have not yet been received. i. Mr. Dolan announced that a request was received from the County for nominations to the AB 939 Solid Waste Task Force. Because the deadline was March 30,1990, we were unable to calendar this request for action by the full Board. After consulting with President Carlson, Mr. Stephen Minton was nominated to represent the public, and Mr. sil Garaventa, Jr. and Ms. Harriette Heibel were nominated to represent industry. 04:05 90 65 j. Mr. Dolan announced that in accordance with the terms of the Memoranda of Understanding with the representation uni ts, effective May 1, 1990, salaries will be adjusted by 4.2 percent based on the Consumer Price Index. 2. COUNSEL FOR THE DISTRICT Mr. AIm, Counsel for the District, reported that some initial work has been done with regard to the legal issues relating to closure of Acme Landfill and collection of fees for that closure. Mr. AIm stated that he met with a representative of the County Counsel's Office and would like to work with them to address these issues jointly. Mr. AIm estimated that 40 to 50 hours of work will be needed to provide meaningful answers to these questions. President Carlson stated the consensus of the Board that District Counsel proceed with this work. 3. SECRETARY OF THE DISTRICT Following discussion, the June 7, 1990 Board meeting was rescheduled for 3 p.m. on June 8, 1990, and the July 5, 1990 Board meeting was rescheduled for 3 p.m. on July 12,1990. No change was made with regard to the May 3,1990 Board meeting at this time, but staff was requested to calendar consideration of such a change on the next Board agenda. 4. BOARD MEMBERS a. Member Rainey reported that the Solid Waste Commission met and considered the county-wide Solid Waste JPA and the AB 939 Task Force. A meeting was held to consider a Waste to Energy proposal. b. Member Rainey suggested that a Directory of Special Districts in Contra Costa County be published and reviewed suggestions for information that could be included in such a directory. If the Board has no objection, the matter will be calendared for consideration at the April 26, 1990 Special Districts meeting. The Board supported the idea of a Special Districts Directory. ,. c. Member Clausen reported on a recent meeting with the Environmental Committee of the City of San Jose at which solid waste export was discussed. Member Rainey had previously advised that she would have to leave the meeting. At 6:37 p.m., Member Rainey departed. xv. None XVI. 1. EXISTING LITIGATION ANNOUNCEMENTS CLOSED SESSION The closed session was held to discuss existing litigation pursuant to Government Code section 54956.9(a). The title of the litigation discussed was Central Contra Costa Sanitary District versus Western Title Insurance Company, et aI, Contra Costa Superior Court No. C88-01497. At 6:39 p.m., President Carlson declared the closed session to discuss litigation pursuant to Government Code section 54956.9(a). At 7:14 p.m., President Carlson concluded the closed session and reconvened the meeting into open session. XVII. ACTIONS RESULTING FROM DISCUSSION IN CLOSED SESSION None 04 0-.5:- 9.0' 66 XVIII. ADJOURNMENT There being no f.urther business to come before the Board, President Carlson adjourned the meeting at the hoùr of 7:15 p.m. to reconvene at 8:30 a.m. on April 6, 1990, at 5019 Imhoff Place, Martinez, for an inspection of the proposed landfill sites. /Î4t1~ t;~ President of the Board of Directors Contra Costa Sanitary District, . County of Contra Costa, State of California COUNTERSIGNED: - !t.~< (- /}~ L(~ " " Sec, .~ yof the entral Contra cos~ Sanitary District, County of Contra Costa, State of California 04: (l5: 90:.