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