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HomeMy WebLinkAboutBOARD MINUTES 11-16-78 1420 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT NOVEMBER 16, 1978 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 1250 Springbrook Road, Walnut Creek, County of Contra Costa, State of California, on November 16, 1978 at 7:30 P.M. President Allan requested the Secretary to call roll. I. ROLL CALL PRESENT: ABSENT: Members: Members: Campbell, Boneysteele, Stanley, Carlson and Allan None II. APPROVAL OF MINUTES 1. MINUTES OF THE MEETING OF OCTOBER 26, 1978 After discussion, it was moved by Member Campbell, seconded by Member Carlson, that the minutes of October 26,1978 be approved as presented. Motion was unanimously approved. III. APPROVAL OF EXPENDITURES Member Carlson requested that staff clarify the amount of $3,137.04 paid to Certified Garment and Towel covering their September invoice. Staff will advise Mr. Carlson as to the cost item included in that expenditure. It was moved by Member Carlson, seconded by Member Campbell, that the Expenditures for SIC Nos. 428 through 453, together with SIC Voucher Nos. 3364 through 3383; RIE Voucher Nos. 5330 through 5425, together with RIE Voucher Nos. 3478 through 3689; and Payroll Voucher Nos. 3478 through 3689 be approved. Motion was unanimously approved. IV. HEARINGS None. V. BIDS None. VI. OLD BUSINESS 1. VALLEY DISPOSAL RATE INCREASE REQUEST Mr. Dolan, General Manager-Chief Engineer, reviewed the action taken by the Board at the meeting of June 29, 1978, wherein Valley Disposal was granted an 11.6% increase and was requested to conduct further review and analysis of their costs and rates for presentation to the Board in three months. The Board would then use the additional analysis as a basis to establish rates for Valley through December, 1979. Mr. Ed Ageno, Accountant for Valley Disposal, and his assisstant, Mr. Paul Bettini, explained to the Board projected cost allocations that would be taking effect in January 1979. These projected costs have not been reviewed with Plourde Accountancy due to the lack of time. Mr. Bettini stated, as the Board had directed in June 1978, they had analysed the cost and revenues of Valley and Diablo Disposal. They found that even though the rates for Diablo Disposal and Valley are 11 16 78 1421 the same, Diablo Disposal shows a profit, whereas Valley Disposal does not. This is due to the fact that the Diablo Disposal customers generally have a two or more cans picked up. Also, the company does not need to carry a standby labor pool, whereas, the Valley Disposal Service area consists mainly of one-can pickups and has to employ a standby labor pool in the event of a shortage of personnel on any of the routes of either company. When Diablo uses labor from the standby pool, they pay for it on an hourly basis rather than prorate the low productivity standby labor. Discussion followed. Member Boneysteele suggested that the District might consider retaining a business management consulting firm to study the garbage rate situation. Member Carlson disagreed, stating that staff has done a good job in its analyses of the rate structure and the Board had previously instigated a program whereby it agreed to establish new rates for Valley Disposal effective January 1, 1979. The Board may need more information, but Member Carlson felt that the hiring of a consultant was unnecessary. Member Carlson requested that Plourde Accountancy furnish a report at the meeting of December 7, 1978 on the analysis prepared by Valley Disposal. Member Boneysteele requested that staff also prepare a report indicating the franchise fees received from the collectors and expenses incurred by District staff in preparation and presentation of their garbage rate analyis. Member Stanley indicated that he was not prepared to make any decision until he could review the Solid Waste Report as prepared by Plourde Accountancy. The Secretary of the District was directed to furnish Member Stanley wit a copy of the report. President Allan suggested that the second meeting in December be rescheduled for December 14, at which time a hearing would be held on the garbage rate increase for Diablo Disposal and Valley Disposal Service. Board Members voiced no objection to the change of meeting date nor the holding of a public hearing for garbage rates on December 14, 1978. 2. ADOPT RESOLUTION AUTHORIZING THE LAW FIRM OF WILSON, MORTON, ASSAF & MCELLIGOTT TO PROCEED WITH INVERSE ACTION AGAINST THE FEDERAL GOVERNMENT FOR NONPAYMENT OF BOLLINGER CANYON SEWER ASSESSMENT BONDS (LID 48) Mr. Jerry Laster, Attorney from Wilson, Morton, Assaf & McElligott, explained that sewer assessment bond payments have not been paid on three parcels of land in Bollinger Canyon since 1974/75 and are listed as delinquent by the County Tax Collector1s Office. Developed for use as a NIKE site, the land had been declared surplus by the Federal Government and Contra Costa County planned to use the land and buildings as a youth training facility. When the County ceased using the land, the Federal Government reacquired title to the property. A letter has been submitted to the Federal Real Property Assistance Division in San Francisco with inquiry as to the actual property tax revision date. The State Department of Forestry intends to acquire two of the three parcels and pay the assessments, but the third parcel remains unresolved and the six years statute of limitations for legal recourse is imminent, which means that action should be taken to institute litigation. Mr. Laster recommended that in order to protect the District1s interest in recovery of the delinquent bond funds, action should be brought against all three parcels. After discussion, it was moved by Member Boneysteele, seconded by Member Carlson that a resolution be adopted authorizing Wilson, Morton, Assaf & McElligott to proceed with inverse action against the Federal Government for nonpayment of Bollinger Canyon Sewer Assessment Bonds (LID 48). Resolution No. 78-319. Motion was unanimously approved. 11 1_, ." b 78 1422 CLAIM OF JOSEPH R. RAMOS REGARDING DSP 2656 (OAK PARK BLVD.) FOR DAMAGES IN THE AMOUNT OF $13,110 3. Mr. Dolan, General Manager-Chief Engineer, explained that the claim from Joseph R. Ramos is based on materials he furnished in the completion of DSP 2656, which he feels were not included in the contract price, namely, drain rock in the amount of $7,500 and import backfill in the amount of $5,610. The District contends that provisions for payment of these materials were included in other bid items of the contract, and therefore, this claim is unjustified. After discussion by Board and staff members, it was moved by Member Stanley, seconded by Member Carlson, to deny the claim from Joseph R. Ramos in the amount of $13,110 in the connection with the DSP 2656, Oak Park Blvd. contract. Motion was unanimously approved. 4. RISK MANAGEMENT PROGRAM Mr. Dolan, General Manager-Chief Engineer, briefly reviewed the status of the Risk Management Program and requested that Mr. Walter Funasaki, Finance Officer, give further detailed information on the progress of the administration of this program. Mr. Funasaki advised that he has been informed by Schroder Insurance Agency that they would furnish the District premium quotations for the coverage recommended in the Warren, McViegh and Griffin Audit Report by November 27, 1978. This should enable the District to determine the feasibility of entering into a self insured program. Mr. Funasaki stated that he had sent requests for proposal letters to six other firms recommended by Warren, McViegh and Griffin. Responses have been received from the following San Francisco firms: Levinson Brothers, Kaine and McAulliffe, and Kindler and Laucci. The Schroeder Insurance firm of Walnut Creek, is also included in the group to be considered in the broker selection process. The projected action schedule for the program is as follows: 12/7/78 Staff recommendation for the basic features of a comprehensive District risk management program. 12/14/78 Staff recommendation for appointment of an insurance broker and claims adjusting firm. 12/18/78 The insurance broker will market the risk management program. 1/16/79 The insurance broker will submit a report of the premiums, excess insurance levels and policy terms obtainable. 1/31/79 Based on the insurance broker1s report, a staff recommendation will be submitted to the Board of Directors for the acceptance, rejection or modification of the risk management program. Member Stanley requested that he be furnished a copy of the Warren, McViegh and Griffin Audit Report for his review. After discussion, it was moved by Member Boneysteele, seconded by Member Campbell, that the staff recommendations for the revised time and action schedule be approved. Motion was unanimously approved. 11 16 78 1423 VI!. NEW BUSINESS 1. ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT AND ADOPTION OF RESPECTIVE RESOLUTIONS AND AUTHORIZE RECORDING It was moved by Member Carlson, seconded by Member Campbell, that the easements, as listed below, be accepted at no cost to the District, respective resolutions adopted, and recordation authorized. Grantor Area Job No. Parcel No. Resolution No. 1 78-320 2 78-321 3 78-322 4 78-323 10 78-324 Robert A. and Jacqueline G. Ferreira Robert A. and Helena J. Peterson Harold J. Hubinger, David A. Patterson & Donald A. Boltz Harold J. Hubinger, David A. Patterson & Donald A. Boltz L. B. Nelson Corp. San Ramon 3108 San Ramon 3108 San Ramon 3108 San Ramon 3108 Moraga 3067 Motion was unanimously approved. AUTHORIZE EXECUTION OF A CONSENT TO GRANT OF EASEMENT TO TELEVENTS, INC. OVER A PORTION OF EXCLUSIVE CCCSD EASEMENT, JOB NO. 1708, PARCEL NO. 12 2. After discussion, it was moved by Member Carlson, seconded by Member Campbell, that the President and Secretary be authorized to execute a Consent to Grant of Easement to Televents, Inc., over a portion of existing exclusive CCCSD easement, Job No. 1708, Parcel No. 12, resolution adopted and recordation authorized. Resolution No. 78-325. Motion was unanimously approved. AUTHORIZE EXECUTION OF AGREEMENT RELATING TO REAL PROPERTY WITH J. B. NELSON CORP., JOB NO. 3067, LOCATED SOUTH OFALTA MESA IN MORAGA 3. After explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Carlson, seconded by Member Boneysteele, that the President and Secretary be authorized to execute an "Agreement Relating to Real Property" with L. B. Nelson Corp., Job No. 3067, Moraga area and its recording authorized. Motion was unanimously approved. 4. AUTHORIZE EXECUTION OF CONSENT TO DEDICATION TO THE COUNTY FOR DRAINAGE PURPOSES, OVER JOB NO. 1554, PARCELS 28 & 29 (MS 242-77), WALNUT CREEK AREA After discussion, it was moved by Member Campbell, seconded by Member Carlson, that the President and Secretary be authorized to execute "Consent to Dedication of Drainage Easement" to Contra Costa County, Walnut Creek area, Job No. 1554, Parcel Nos. 28 & 29 and a resolution be adopted to that effect. Resolution No. 78-326. Motion was unanimously approved. 5. AUTHORIZATION FOR PARCEL PA 78-56, WALNUT CREEK AREA TO BE INCLUDED IN PENDING ANNEXATION TO THE DISTRICT Mr. Dolan, General Manager-Chief Engineer, requested that the Board also consider at the same time, parcel PA 78-57, Danvil1e Area, shown under the "Supplemental Agenda, item b.". After discussion, it was moved by Member Boneysteele, seconded by Member Campbell, that authorization for parcels PA 78-56, Walnut Creek area, and PA 78-57, Danville area (Supplemental Agenda Item b.), to be included in pending annexation to the District be approved. Motion was unanimously approved. 6. CONFIRM "AMENDED ASSESSMENT DIAGRAM" AND AUTHORIZE RECORDING OF SAID DIAGRAM It was moved by Member Boneysteele, seconded by Member Campbell, 11 10 78 1424 that the "Amended Assessment Diagram" for the following assessment be confirmed and authorization to record said diagram be approved. Assessment No. Amount Amended Assessment No. Apportioned Amt. Area 54-2-5-17 $4,750.00 54-2-5-18 -19 $4,750.00 4,280.48** Danvi 11 e ** = Equalization Charge to be collected by CCCSD at time of connection Motion was unanimously approved. 7. ~UTHORIZATION TO FILE NOTICE OF COMPLETION FOR DSP 2856, FERRY STREET PARALLEL, MARTINEZ After explanation, it was moved by Member Carlson, seconded by Member Stanley, that the General Manager-Chief Engineer be authorized to file the Notice of Completion for DSP 2856, Ferry Street Parallel, Martinez. Motion was unanimously approved. 8. CLAIM OF MR. JOHN L. McCLURE, 3 LOS AMIGOS CT., ORINDA, FOR $113.99 IN PROPERTY DAMAGE After discussion, it was moved by Member Carlson, seconded by Member Boneysteele, that the claim of Mr. John L. McClure, 3 Amigos Ct., Orinda, for $113.99 in property damage be approved. Motion was unanimously approved. 9. PERSONNEL Maintenance REQUEST OF DONALD PUBELO, MAINTENANCE CREW MEMBER II, FOR 6 MONTHS LEAVE OF ABSENCE STARTING DECEMBER 1, 1978 a. Mr. Dolan, General Manager-Chief Engineer, gave a brief explanation and referred to Mr. Robert H. Hinkson, Manager, Collection System Operations, for additional comments. He explained that Mr. Don Pueblo has been a District employee for 8 years and is requesting a leave of absence for the purpose of settling family matters in Utah as a result of his father's death. While he appreciates the problem, Mr. Hinkson feels a six-month leave would be a serious detriment to the Department. Therefore, he recommends that Don Pueblo be granted a 30 day leave with an additional 30 day option, at the Department Manager's discretion, making a maximum leave of absence of 60 days, commencing December 1, 1978. After discussion, it was moved by Member Boneysteele, seconded by Member Campbell, to deny Don Pueblo's request for a six-month leave of absence and grant a 30-day leave of absence with an optional an additional 30 days upon written request. Motion was unanimously approved. b. EXECUTIVE SESSION REGARDING PERSONNEL MATTERS At 9:00 P.M., President Allan declared an Executive Session to discuss personnel matters. At 9:10 P.M., President Allan closed the Executive Session and reconvened the meeting. As a result of the executive session, it was moved by Member Boneysteele, seconded by Member Campbell, that disciplinary action be taken against two employees in the Collection System Operations and one employee in the Plant Operations Department: Michael Parkinson to receive one day suspension for failu~e to perform duties; Robert Brown to receive a letter of reprimand for failure to perform duties; and Robert Hoops to receive a three day suspension for poor work habits and failure to report illness before shift change. Motion was unanimously approved. 11 16 78 -. 1425 10. APPROVAL OF BILLS FOR LITIGATION SERVICE After discussion, it was moved by Member Boneysteele, seconded by Member Campbell, that the statement from John J. Carniato, District Counsel, dated November 6. 1978, totalling $26,634.51 for October services rendered in the Kaiser Industries, Early, Peterson/Simpson, General Western and Pacific Woodcrafters matters, be approved. Also to be included in the motion is a statement from Culp, Wesner, Culp dated November 9,1978 in the amount of $1,000 for extra services to review the Phostrip alternative process at the Treatment Plant (authorized October 19, 1978). Motion was unanimously approved. Board Members acknowledged the summary sheet of Outside Costs To Date Related to Litigation On Projects 5A-I and 5A-II. 11. ADDITIONAL BUSINESS ADDED BY SUWWlEMENTAL AGENDA AUTHORIZATION OF $2,300 FOR THE PURCHASE OF VARI-DRIVE UNIT COMPLETE WITH ACCESSORIES FOR A DYNAMIC BALANCE a. After explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Carlson, seconded by Member Campbell, that authorization of $2,300 for the purchase of a vari-drive unit with accessories be approved. Motion was unanimously approved. b. AUTHORIZATION FOR PARCEL PA 78-57, DANVILLE AREA, TO BE INCLUDED IN PENDING ANNEXATION TO THE DISTRICT This item was acted upon under "VII. NEW BUSINESS, Item 5". AUTHORIZATION OF FIVE TEMPORARY PLANT ATTENDANT POSITIONS c. Mr. Dolan, General Manager-Chief Engineer, explained that the District is in possession of a lime feed system which is defective. Terms of the Phase I contract require that Central San supply high lime treated sludge for the contractor's use during the furnace performance test. He further stated that the problem in the lime feed system has been determined and will be modified in the near future, however, until such time, a need for extra manpower does exist. After discussion, it was moved by Member Boneysteele, seconded by Member Carlson, that authorization to hire five temporary plant attendants during the furnace testing period of the Phase I contract be approved. Motion was unanimously approved. At this time, President Allan reviewed the letter presented to the Board by Robert Hinkson, Jr., regarding the recent hiring of the plant attendants on a permanent-intermittant basis. Mr. Dolan, General Manager-Chief Engineer, indicated that it was not appropriate that this matter come before the Board prior to staff review and requested that this matter be brought back to the Board at the next meeting after staff review. President Allan granted the request and stated that the matter would be discussed at the next Board meeting. VII I. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan reported on the theft and recovery of a Collection Systems Operations truck. Damage amounting to approximately $1,000 was done to the vehicle. b. Mr. Dolan advised that correspondence had been received from John A. Bohn, past District Counsel, stating that the BASSA case has been dismissed in the District Court. 11 iO 78 .- 1426 c. Mr. Dolan reported on the outfall situation caused by the Acme Fill land movement. The pipe leak has been contained. The pipe is still moving and we are continuing to monitor its movement. Staff has requested that Acme Fill furnish a soils data report so that our soils engineer can begin his analysis. Staff has had a meeting with Harding & Lawson Associates (soils engineers for Acme Fill) and Frank Boerger (engineer for Acme Fill) in regard to Acme Fill's proposal for restoring the outfall. Mr. Dolan has also met with the Regional Water Quality Control Board to discuss alternatives for discharging plant effluent. d. Mr. Dolan gave a general review of the Culp/Wesner/Culp draft report regarding the Phostrip process. There has not been sufficient time to give a complete analysis but the general conclusions are that the phostrip process would be more expensive than secondary treatment, but less expensive than the phosphorous removal process presently designed for the Treatment Plant. e. Collection System Engineering - (1) The final planning for the parallel trunk between Walnut Creek and Danville has begun. Funds are available and authority to undertake this multi-million project will be requested at the next Board meeting. (2) Construction of the Ferry Street (Martinez) and Stewart Avenue (Walnut Creek) parallel sewer projects have been completed. (3) Survey work is heavy. partially due to the outfall problem. (4) Sewer connections are behind last year's rate. (5) Reactions to the Environmental Quality Charge on the tax bill are fewer than last year. f. Collection Systems Operation - () Root lines were cleared at 255 locations. (2) Stoppages and service calls have declined in October. (3) The outfall problem involved one crew for fifteen days and a temporary plug was achieved by using contractor equipment and manpower. g. Plant Operations - (1) Average daily flow was 29 MGD and was fully treated to discharge without any NPDES violations. (2) Furnace start-up is scheduled for November 27. Member Boneysteele asked out the status of the dry scrubbers and was told that all the work is now completed. 2. COUNSEL FOR THE DISTRICT a. Mr. Carniato advised that he may be absent from the next meeting, and if so, will have one of his staff attorneys present. b. Mr. Carniato requested a brief executive session at the end of the meeting to discuss litigation matters. President Allan asked on the status of the proposed District building site. Mr. Carniato stated he would have a report either on December 7 or 14. President Allan also queried as to the status of the annual report and was advised that it would be completed by the end of November. 3. SECRETARY None. 4. COMMITTEES None IX. MATTERS FROM THE FLOOR a. Presidt~nt Allan advised that the matter of electing a new President should be taken up at this time. 11 16 78 1427 After discussion, it was moved by Member Campbell, seconded by Member Stanley that Member Carlson be appointed President of the District Board. Motion was unanimously approved. Mr. Dolan, General Manager-Chief Engineer, expressed his appreciation to President Allan for all his consideration during his tenure of office. At 9:43 P.M., President Allan declared an executive session,to discuss litigation matters. At 10:06 P.M., President Allan closed the executive session and reconvened the meeting. Mr. Carniato, District Counsel, advised that Barbara Roemer, wife of Past Board Member Irving C. Roemer, had passed away. x. ADJOURNMENT At 10:03 P.M., President Allan a~\he meeting, ~~~ President of the District Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: . Secr ary of the istrict Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California 11 16 78 -