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HomeMy WebLinkAboutBOARD MINUTES 12-14-78 1437 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT DECEMBER 14,1978 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 December 14,1978 at 7:30 P.M. President Carlson requested the Secretary to call roll. I. ROLL CALL PRESENT: Members: ABSENT: Member: Boneysteele, Allan, Campbell and Carlson Stanley Member Stanley had previously indicated that he would not be present at this meeting and was excused. II. APPROVAL OF MINUTES 1. MINUTES OF THE MEETING OF NOVEMBER 16, 1978 After discussion, it was moved by Member Allan, seconded by Member Campbell, that the minutes of November 16, 1978 be approved with the following correction: Under II VI. OLD BUSINESS, 1. VALLEY DISPOSAL RATE INCREASE REQUESru in the first sentence of the first paragraph, change the rate increase percentage from "6"% to "11.6%". Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Boneysteele, Allan, Campbell and Carlson None Stanley III. APPROVAL OF EXPENDITURES It was moved by Member Campbell, seconded by Member Boneysteele, that the Expenditures for SIC Nos. 454 through 472, together with SIC Voucher Nos. 3384 through 3397; RIE Voucher Nos. 5426 through 5431, together with RIE Voucher Nos. 5657 through 5911; and Payroll Voucher Nos. 3693 through 3914, be approved. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Allan, Campbell and Carlson None Stanley IV. HEARINGS HEARING CONCERNING REQUEST FOR INCREASE IN GARBAGE COLLECTION RATE FOR VALLEY DISPOSAL SERVICES & DIABLO DISPOSAL SERVICE a. President Carlson declared the hearing open and requested that Mr. Dolan, General Manager-Chief Engineer, review for those in the audience the history concerning the present rate increase request. Mr. Dolan advised the Board that two letters had been received from citizens protesting any rate increase. He then continued to explain that Valley Disposal and Diablo Disposal provide a somewhat higher level of service than do the other franchisees (i.e. 2-cans weekly clippings pickup and a 3-times per year general cleanup). Due to this additional service, costs incurred are higher resulting in requests for higher rates. 12 14 '18 1438 At the meeting of December 7, the Board requested Valley Disposal to provide two things: (1) substitute in their analysis actual third quarter cost figures in place of previously submitted projected figures and to also include Central Valley Disposal figures in the analysis and (2) provide profit and loss figures for Valley Disposal over the past five years. Valley has complied with both of the requests and the profit and loss analysis indicates that they have been experiencing a loss each year since 1974-75. Mr. Dolan directed the Board's attention to a sheet prepared at their request showing comparative statistics for the five garbage franchisees. He then referred to Mr. Plourde of J. S. Plourde Accountancy Corp., to give further details relating to the rate increase request. Mr. Plourde distributed an analysis sheet of actual expenses for Valley Disposal Central Valley Waste Disposal and Diablo Disposal for the nine months ending September 30, 1978. Board discussion followed. Members of the audience were welcomed by President Carlson to address the Board on this matter. An Alamo resident questioned the reason for considering Valley Disposal's rate increase request when Orinda is not requesting a rate increase at this time. President Carlson explained that Orinda and Lafayette will be receiving a previously authorized increase effective January 1, 1979 due to increases in labor costs. The consideration of increases affecting Valley and Diablo Disposal Services at this time results from the Board action of June 29, 1978, wherein the Board granted a partial increase to these collectors and requested that they provide additional information substantiating their requested increase, prior to further consideration. Another member of the audience asked about the feasibility of having garbage pickup every other week. Mr. Dolan, General Manager- Chief Engineer, responded that during the summer the fly incubation period is less than one week and to space the garbage pickups to every other week would bring about a health hazard. Mr. Roland Hamilton of Walnut Creek, stated that not everyone requires the yard clipping service and feels it is an imposition on the householder to be obliged to pay for a service he does not need. Mr. Ageno, Accountant for Valley Disposal, explained that it is difficult to tailor a program that would meet the requirements of every householder. The garbage company is concerned over the costs but many of them are uncontro 11 ab 1 e. Member Boneysteele explained for Mr. Hamilton's benefit, the clipping pickup originated at the time the County banned outside burning. This resulted in a County request that some type of clipping pickup service be provided. The District then conducted a postcard poll of the residents in the Valley Disposal Service area, which provided very favorable results for a clipping pickup service. Mr. Galbraith addressed the Board and inquired as to why Diablo Disposal and Valley Disposal could not be treated separately since they provide service in two different areas. Mr. Ageno explained that Diablo renders the same service as Valley but as pointed out by Mr. Plourde, there are certain cost allocations that are difficult to make. Mr. Dolan, General Manager-Chief Engineer, summarized that Diablo and Valley Disposal are separate entities from a legal standpoint; but in administration and accounting aspects, they are operated as one unit. A thorough cost accounting analysis would reveal that the rates should be the same for each company. Mrs. Lenore Galbraith protested the rate increase. 12 14 78 1439 Member Boneysteele stated that he feels reluctant to vote for a rate increases for these companies, but on the other hand, the submitted losses have been audited by the District CPA, and indications appear that these companies are being forced out of business. Mr. Dolan commented that it would be difficult for staff to recommend the rates arrived at by Mr. Plourde's computations. However, compromise increases would be recommended to provide funds to cover labor and insurance cost increases coupled with a request that Valley and Diablo analyse their levels of service to see if a more economical type of service can be devised. , President Carlson queried as to the percentage of increases being granted to the other franchises at the beginning of 1979. Mr. Dolan responded that by action of the Board at the meeting of June 29, a fixed cost increase amounting to approximately 6 to 7% effective January 1, 1979 was granted to the other franchisees. The Board inquired into the possibility that a transfer station operation could reduce the cost to the customers. There being no other questions, President Carlson closed the Hearing at 8:37 P.M., and declared a recess. At 8:52 P.M., President Carlson reconvened the meeting. b. CONSIDER RATE INCREASES AS REQUESTED ABOVE After discussion, it was moved by Member Allan, seconded by Member Campbell, that a 10% increase be granted to Valley Disposal Service and Diablo Disposal Service for the year 1979, effective January 1, 1979 and a resolution adopted to that effect. Resolution No. 78-340. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Allan, Campbell and Carlson None Stanley Member Boneysteele asked Mr. Plourde what margin of profit a 10% increase would give to Valley Disposal. Mr. Plourde replied it would be between 3.5 - 4%. In answer to Member Boneysteele's further query, Mr. Fagliano, President of Valley Disposal, stated the only way service cost could be trimmed would be by reducing some of the services. Member Boneysteele stated that prior to such a measure being taken, a public hearing should be held. After a lengthy discussion, it was determined by the Board that staff should make a study into possible measures that could be employed to control rates in the Valley Disposal Service area and make a status report at the first Board meeting in February. VI. OLD BUSINESS 1. AUTHORIZATION FOR GM-CE TO EXECUTE JOINT POWERS AGREEMENT ON WORKERS' COMPENSATION As explained in the minutes of December 7,1978, Assembly Bill 840 established workers' compensation regulations which are to be administered by the Director of Industrial Relations and provides that any public entity wishing to self insure for workers' compensation after January 1, 1979 must submit a formal application and provide evidence of security. After discussion, it was moved by Member Allan, seconded by Member Boneysteele, that the General Manager-Chief Engineer be authorized to execute a Joint Exercise of Powers Agreement with the California Association of Sanitation Agencies to establish a self-insurance program for workers' compensation coverage and a resolution adopted to that effect. Resolution No. 78-341. Motion carried by the following vote: 12 14 78 1440 AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Allan. C2mpbell and Carlson None Stanley VIr. 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 Allan, seconded by Member Boneysteele, 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 James G. Shelton, Jr. and Pleasant Hill 2939 1 78-342 Elaine A. Shelton Jr. John Timothy Lyman and Ma rt i nez 3116 78-343 Marley Lyman Ray Lehmkuhl Company Lafayette 3040 3 78-344 Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Allan, Campbell and Carlson None Stanley As a point of order, President Carlson asked District Counsel if it is permissable to ask if there are any objections in lieu of a roll call vote or making authorizations, or is a call for vote of each individual Board Member always necessary. Mr. Carniato, District Counsel, advised that a "No Objection Vote" is acceptable when passing a resolution. However, any member may request a specific roll call vote on any action. President Carlson stated that he was asking for this legal opinion in the interest of streamlining the procedure. Discussion followed. There being no objection from the Board, it was determined that individual roll call votes in regard to Board actions would be eliminated unless a roll call vote is specifically requested by a Board Member or unless the vote is in regard to an action resulting from a hearing. 2. AUTHORIZE EXECUTION OF CONSENT TO DEDICATION TO CONTRA COSTA COUNTY AT NO COST TO THE DISTRICT After discussion, it was moved by Member Boneysteele, seconded by Member Campbell, that the President and Secretary be authorized to execute Consent to Dedications to Contra Costa County for Job No. 2974, Tract No. 4918, Danville; Job No. 1583, Parcel 38, MS 211-78, Walnut Creek; and Job No. 1579, Parcel 4, Tract 5027, Walnut Creek and that corresponding resolutions be adopted. Resolution No. 78-345, Resolution No. 346, and Resolution No. 78-347. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Boneysteele, Allan, Campbell and Carlson None Stanley 3. AUTHORIZE $133.50 FOR JOHN LEPAGE TO ATTEND A MAINTENANCE TRAINING COURSE GIVEN BY NORTHERN TELECOM, INC., AT MT. VIEW, CALIFORNIA DECEMBER 18-21, 1978 After explanation by Mr. Dolan, General Manager-Chief Engineer, and discussion by the Board, it was moved by Member Boneysteele, seconded by Member Campbell, that authorization of $133.50 for John LePage to attend a maintenance training course at Mt. View, CA. be approved. Motion carried by the following vote: 12 14 78 AYES: Members: NOES: Members: ABSENT: Member: 1441 Boneysteele, Allan, Campbell and Carlson None Stanley 4. AUTHORIZE $500 FROM PLANT CONSTRUCTION FUND FOR THE PURCHASE OF THIRTY FIXTURES FOR WAREHOUSE LIGHTING Mr. Dolan, General Manager-Chief Engineer, explained that additional light fixtures were needed to light the plant warehouse purchased from the 5A-I contractor in 1977. After discussion, it was moved by Member Campbell, seconded by Member Boneysteele, that authorization of $500 from the plant construction fund for the purchase of 30 fluorescent light fixtures for warehouse lighting be approved. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Boneysteele, Allan, Campbell and Carlson None Stanley 5. AUTHORIZATION TO INVEST RUNNING EXPENSE FUNDS After explanation by Mr. Dalton, Deputy General Manager-Chief Engineer, it was moved by Member Allan, seconded by Member Campbell, that authorization to temporarily transfer funds collected through the Environmental Quality Charge from Running Expense Fund to the Sewer Construction Fund for short term investment, be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Allan, Campbell and Carlson None Stanley 6. AUTHORIZE RE~EWAL OF NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT AND PAYMENT OF $1000 FILING FEE After explanation by Mr. Dolan General Manager-Chief Engineer, and discussion, it was moved by Member Campbell, seconded by Member Allan, that authorization to renew and make payment of a $1,000 filing fee for a 5 year renewal of a National Pollutant Discharge Elimination System Permit to be effective July 1,1979, be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Allan, Campbell and Carlson None Stanley 7. AUTHORIZE $10,000 FOR SERVICES OF A SOUND CONSULTING ENGINEER FOR THE STUDY AND DESIGN OF A SYSTEM TO ATTENUATE THE FURNACE STACK NOISE TO ACCEPTABLE LEVELS Mr. Dolan, General Manager-Chief Engineer, explained that people living in neighborhoods adjacent to the Treatment Plant are being adversely affected by noise emanating from the furnaces in the solids conditioning building. The people concerned had a meeting which was attended by representatives of the Bay Area Pollution Control Agency, two County Supervisors and Mr. Niles, Manager of the Plant Operations. A preliminary study by District staff indicates that there are noises emanating from the plant which will be compounded when the second furnace unit is put in operaton. Staff recommends that a noise consultant be engaged to confirm these findings and design a system to alleviate the noise problem. The District1s preliminary study also revealed that the noise level appears to be exceeding the limits acceptable under the contract, therefore, attempts will be made to recover incurred costs from the contractor. 12 14 78 1442 Board discussion followed wherein President Carlson indicated that if the noise exceeds the specifications of the contract, it becomes the contractor1s responsibility to make the adjustments. The Board has the alternatives of either funding the study of theproblem, or deferring it to the next meeting at which time there may be some input from the contractor for correcting the situation. After further discussion, it was moved by Member Boneysteele, seconded by Member Allan, that authorization of $2,000 to retain a noise consultant for a preliminary study of the noise problem in relation to the mobile home park be approved, and that staff report its findings to the Board at the January meeting. Motion carried by the following vote: AYES: NOES: ABSENT: Member: Member: Member: Boneysteele, Allan, Carlson Campbell Stanley 8. AUTHORIZE $7,500 SUPPLEMENTAL FUNDS TO CLOSE ACCOUNTS ESTABLISHED FOR DISTRICT SEWERING PROJECT NO. 2742 After discussion, it was moved by Member Boneysteele, seconded by Member Allan, that authorization for $7,500 in supplemental funds to balance and close accounts established for DSP 2742 be approved. Motion carried by the following vote: AYES: NOES: ABSENT: 9. Members: Members: Members: Boneysteele, Allan, Campbell and Carlson None Stanley AUTHORIZE WILLIAM RAMSAY TO MAKE PRESENTATION AT CONSTRUCTION SAFETY SEMINAR IN SAN LUIS OBISPO AND TO RECEIVE ACTUAL EXPENSES Mr. Dolan, General Manager-Chief Engineer, explained that Mr. Ramsay, Construction Inspection Supervisor, has been asked to make a presentation on Construction Safety at a seminar to be held at Cal Poly in San Luis Obispo on April 20, 1979 and has been offered $200 for his services. Mr. Ramsay has indicated he would prefer receiving District approval for actual expenses (including mileage, and one-day per diem allowance, , to speak at the Construction Safety Seminar. After discussion, it was moved by Member Allan, seconded by Member Boneysteele, that Mr. Ramsay be authorized actual expenses to make a presentation at the Construction Safety Seminar in San Luis Obispo on April 20, 1979 and that the District is to receive seminar compensation. Motion carried by the fo 11 owi ng vote: AYES: NOES: ABSENT: 10. Members: Members: Member: Boneysteele, Allan, Cambell and Carlson None Stanley APPROVAL OF BILLS FOR LITIGATION After discussion, it was moved by Member Allan, seconded by Member Campbell, that the statement from John J. Carniato, District Counsel, dated December 6, 1978 totalling $19,034.71 for services rendered during the month of November in connection with the Peterson/Simpson, and Fred J. Early cases, be approved. Motion carried by the following vote: AYES: NOES: ABSENT: 12 14 Members: Members: Member: Boneystee1e, Allan, Campbell and Carlson None Stanley 78 1443 11. ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA RISK MANAGEMENT PROGRAM a. Mr. Dolan, General Manager-Chief Engineer, referred to Mr. Walter Funasaki to give the Board a summary of progress on the risk management program since the meeting of December 7. Schroder Insurance Agency has obtained firm quotations from the market for property and liability coverages. A self-insurance program for workers' compensation coverages under a Joint Powers Agreement with CASA members is under study. The firms of Kindler & Laucci and Kaine & McAuliffe have been selected to submit proposals and statements indicating the total level of services to be provided under the new program. Proposals received from Schroder Insurance Agencyanö the other two brokers will be reviewed by District staff and presented to the Board of Directors by the respective brokers. Selection of an insurance broker for the District will be made by the Board of Directors. After discussion, it was moved by Member Boneysteele, seconded by Member Allan, to market the risk management program and undertake a broker selection procedure consistent with the general outline of the Warren, McVeigh and Griffin recommendations. Motion carried by the fo 11 owi ng vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Allan, Campbell and Carlson None Stanley b. SUBMISSION OF AN UNSOLICITED PROPOSAL TO THE DEPARTMENT OF ENERGY Mr. Dolan explained, that as indicated at the meeting on December 7, the District has submitted a grant request on a solid waste project under Stage 5B-Phase II to the Department of Energy. A favorable informal response was received from the Department of Energy, but they are requesting that the District Board support the proposal by a formal action. , Additional test work is necessary prior to designing modifications to the existing multiple hearth furnaces to allow for the combustion of refuse derived fuel. The estimated cost of the test work is $1.9 million. The proposal to the Department of Energy is expected to provide $200-$400,000 in grant funds. An application will be made to EPA for the remaining funds. Results of the proposal may require the District to provide 10-25% matching funds. After discussion, it was moved by Member Allan, seconded by Member Boneysteele, that a resolution be adopted authorizing the GeneralMan~qer- Chief Engineer to submit an unsolicited proposal to the Department of Energy for grant funds to conduct a long term full scale co-combustion test. Resolution No. 78-348. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Allan, Campbell and Carlson None Stanley c. PILOT SCALE FILTER PRESS TESTS Mr. Dolan, General Manager-Chief Engineer, stated that some time ago, the District, through Brown and Caldwell, conducted a study into the use of a filter press as a means of dewatering sewage sludge prior to incineration. The conclusions of that study indicated that the economics were favorable and there should be further investigation of the process, however, no follow-up was made on the study. 12 14 78 1444 The Bay Area Wastewater Solids Study has reviewed the process and has identified significant cost saving if such a plan was implemented. The District has the opportunity to conduct a preliminary 2-week test to determine the merit of pressure filtration at an estimated cost of $7,600. Appficatibn will be made, to the State Water Resource Control Board.to include th'is work under the existing clean water grant program. After discussion, it was moved by Member Boneysteele, seconded by Member Campbell, that authorization to expend $7,600 for pilot scale filter press tests be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Allan, Campbell and Carlson None Stanley VII 1. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan summarized the Engineers Report for the month of November: Engineering Collection System (1) The Diablo Road project is 90% complete; State Highway relocation is 60% complete and will meet the Cal Trns schedule. (2) Design work is underway on WS 23, and is scheduled to commence on WS 10 and WS 33. (3) Survey monitoring of the outfall movement continues. (4) Connections to the system are 30% behind last year's rate but the inspection activity remains the same. (5) The So. Walnut Creek project may develop into a 6 million dollar project. Mr. Dolan commented that he had attended a Tri-Tac meeting earlier that day wherein the State Regional Water Quality Board was questioned as to the availability of funds for interceptor work. It was learned that there are two projects currently receiving funding in Southern California. Mr. Dolan indicated that he intends to pursue grant funding for the South Walnut Creek Project. The State Board staff has discouraged such projects in the past but there may be some provisions of the grant regulations which could authorize funding depending on how they are interpreted. He will keep the Board informed in this regard. b. Collection System Operation (1) Stoppages were down but root penetrations were up and there was no report of any property damage. (2) There were 35 miles of sewer pipe cleaned, good many miles televised, 920 feet of lines installed and 67 corrective or connection crew job performed. (3) The outfall leaks were overlayed and contained. c. Administration Garbage rate studies, implementation of the risk management program, formalization of disbursement procedures, preparation of the NPDES permit renewal and preparation of a Financial Plan update were matters under consideration during November 2. COUNSEL FOR THE DISTRICT a. Mr. Carniato advised that he had met with Hartford Insurance and two members of the Deferred Compensation Committee wherein he requested a progress report on the plan and a briefing as to where the District's Deferred Compensation Plan fits in relation to the new federal regulations. b. Mr. Carniato advised that he has received a letter from Fireman1s Fund indicating that it is thßjr opinion that their assured, Acme Fill, is not liable for the damage to the outfall pipeline. Mr. Carniato commented that he does not feel the matter could be resolved short of litigation. He will present a recommendation on the matter at the first meeting in January. 12 14 78 1445 In answer to Board query, Mr. Carniato advised that he will give a status report on the proposed office building property at the first or second meeting in January. 3. SECRETARY None. 4. COMMITTEES Member Boneysteele reported on the ABAG meeting. ABAG has adopted a population growth policy and the State is requesting that it be broken down into sewer service areas. Discussion followed as to the impact ABAG's policy will have since the EPA contends that the Air Quality Plan should take precedence over all other plans and policies. IX. MATTERS FROM THE FLOOR a. As per President Carlson's request at the meeting of November 16, staff explained reasons for cost increases on the September invoice from Certified Garment and Towel. Cost increases are due to more personnel at the Treatment Plant which in turn requires additional service. X. ADJOURNMENT At 10:55 P.M., President Carlson adjourned the meeting. At 10:56 P.M., President Carlson reconvened the meeting. After discussion, it was moved by Member Allan, seconded by Member Boneysteele, that authorization for four Board Members and three staff members to attend the CASA meeting at the Erawan Hotel in Indian Wells on January 18, 1979 be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Allan, Campbell and Carlson None Stanley At 10:58 P.M., President Carlson re-adjourned the meeting. ~ President of the District Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of Californiá COUNTERSIGNED: trict Board of the ta Sanitary District, Costa, State of California 12 14 78