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.
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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.
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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:
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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:
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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.
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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:
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14
Members:
Members:
Member:
Boneystee1e, Allan, Campbell and Carlson
None
Stanley
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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.
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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.
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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
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