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HomeMy WebLinkAboutBOARD MINUTES 10-15-81 1985 MINUTES OF A REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON OCTOBER 15, 1981 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 October 15, 1981 at 7:30 p.m. President Campbell called the meeting to order and requested the Secretary to call roll. I. ROLL CALL PRESENT: ABSENT: Members: Member: Carlson, Boneysteele, Dalton and Campbell Stanley II. EXPENDITURES Member Boneysteele, Member of the Budget and Finance Committee, stated he had reviewed the expenditures and found them to be satisfactory. It was moved by Member Boneysteele, seconded by Member Dalton, that Running Expense Warrant Nos. 17513-17660,17084-17085, 17190-17199, 17264- 17279, 17441-17489 and 17493-17495; and Sewer Construction Warrant Nos. 3900- 3914 and 1718-1745. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Carlson, Boneysteele, Dalton and Campbell None Stanley III. CONSENT CALENDAR After discussion, it was moved by Member Carlson, seconded by Member Boneysteele, that Items 1 through 3 be approved, necessary resolutions adopted and their recording authorized as applicable. 1. Accept easements granted at no cost to the District, adopt respective resolutions and authorize their recording. Grantee Area Job No. Pa rce 1 No. Res. No. a. N. LaCroix Alamo 3514 1 81-179 b. R. E. Nahas, et ux Alamo 3514 2 81-180 c. H. F. Wefers, et ux Danvi 11 e 3361 1 R-l 81-181 d. A. D. Seeno Const. Co. Walnut Creek 2979 2 81-182 e. V. J. Coffaro Jr., et al Walnut Creek 3500 5 81-183 f. Renown Enterprises, Inc. Danville 3552 2 81-184 2. Authorize President and Secretary to execute a Quitclaim of easement, Job No. 3361, Parcell in the Danville area, Resolution No. 81-185. Authorize PA 81-26, (Danville area) to be included in a future annexation to the Di strict. 3. Motion carried by the following vote: AYES: NOES: ABSENT: Membe rs : Members: Member: Carlson, Boneysteele, Dalton and Campbell None Stanley President Campbell asked if there were any agenda items to be taken out of order. Mr. Dolan, General Manager-Chief Engineer (GM-CE), requested two items be considered out of the agenda order. The first matter being, 1P " J5 8J '~k~' 1986 IV. ENGINEERING, ITEM 3. AUTHORIZE EXECUTION OF GAS SALES AGREEMENT BETWEEN CCCSD AND GETTY SYNTHETIC FUELS, INC., and he requested that it be considered upon arrival of Mr. Steve McDonald, Associate Engineer (SPED). The second matter was not calendared on the agenda and he indicated it was in regard to the newpaper articles printed in the Contra Costa Times on October 4 and 15, 1981 regarding the Treatment Plant litigation and allegations against the District Counsel. Mr. Dolan, GM-CE, stated that Mr. Charles Denny of Crosby, Heafey, Roach and May, was scheduled to arrive at the meeting and requested that the matter be considered upon his arrival. Board Members voiced no objection to the requests. ' IV. ENGINEERING STATUS REPORT OF PREDESIGN ENGINEERING FOR THE SOLID WASTE TO ENERGY PROJECT 1. Mr. Dolan, GM-CE, introduced Dr. Clark Weddle, Deputy Chief Engineer, to provide preliminary comments on the project. Dr. Weddle advised that a meeting had been recently held between District staff and the Solid Waste Management Board Staff to discuss the project. After a brief commentary, Dr. Weddle requested Mr. John Larson, Special Projects Engineering Division Manager, give a presentation on the proposed project. Mr. Larson reported that work is progressing on predesign engineering for the Solid Waste to Energy Project. The design work has been structured in a manner which provides for a go/no-go decision at its midpoint. In the event the continuation of the project proved to be unfeasible, it could be terminated at that time. Findings of the work to date point out that there are two attractive projects: a small scale project (utilizing approximately 120-200 tons of solid waste per day) providing fuel for sludge incinerator/process steam that could be handled by the District; and a large scale project (requiring approximately 900 tons of solid waste per day) which would not accommodate sludge burning but would produce electricity for sale. It would also provide a service to the County in its solid waste management program. In order to supply both projects, the District would require all the solid waste received by Acme Fill and Benecia, and would need outside financial help. In summary, Mr. Larson recommended completion of predesign for the small project. He also recommended that the District retain predesign engineering for the large scale project and approach the County Board of Supervisors in regard to sponsoring the project. Board and staff discussion followed regarding grant funding of the proj ect. Mr. Dolan pointed out that the State Solid Waste Management Board is endeavoring to establish anRDF project in Central Contra Costa County. The study has been conducted with a high degree of technical skill. However, it should be noted that the feasibility of either projects is dependent on the inflation rate of the national economy. After further discussion, it was moved by Member Dalton, seconded by Member Carlson, that the following recommendations be authorized: 1) District staff members appear before the California State Solid Waste Management Board on October 29/30 recommending that remaining grant funds for the completion of the predesign engineering be released; 2) Approach the Contra Costa County Board of Supervisors to determine if they are interested in sponsoring/jointly sponsoring the large scale proj ect; and 3) Continue discussions with Acme Fill Corporation regarding project implementation and their future activities within the solid waste system. Motion carried by the following vote: 1 0 ",1 5- ,,8 1 J 1;-,' . ,¡. , .{ ~"", , c 1987 AYES: Members: NOES: Members: ABSENT: Member: Carlson, Boneysteele, Dalton and Campbell None Stanley With the arrival of Mr. McDonald at the meeting, President Campbell digressed from the order of the agenda to take up IV ENGINEERING, Item 3. AUTHORIZE EXECUTION OF GAS SALES AGREEMENT BETWEEN CCCSD AND GETTY SYNTHETIC FUELS, INC. 3. Member Boneysteele requested that the minutes reflect he would be abstaining from any decisions on this matter due to a possible conflict of interest. Mr. Dolan, GM-CE, advised that staff has been working with Carollo Engineers and Getty Synthetic Fuels in the coordination of this project. Dr. Clark Weddle, Deputy Chief Engineer, highlighted the negotiations involved in bringing this project together. Dr. Weddle introduced Mr. Jim Rawson of Getty Synthetic Fuel who was on hand to provide further information to the Board. He then requested Mr. Steve McDonald, to give presentation regarding the project. Board and staff discussion followed. The Board asked what risk the District would be involved in if the landfill gas proved to be unacceptable or resulted in inadequate supply. Mr. Rawson replied that Getty Synthetic Fuel has committed itself to provide PGE gas to the District at the same cost as landfill gas should they be unable to fulfill their quotas or should the gas be unacceptable. Therefore, according to Mr. Rawson, the risk factor to the District would be IIzeroll. After further discussion, it was moved by Member Carlson, seconded by Member Dalton, to authorize execution of the Gas Sales Agreement between Getty Synthetic Fuels, Inc., and the Central Contra Costa Sanitary District, subject to approval of the agreement by District Counsel and that a resolution be adopted to that effect. Resolution No. 81-186. Motion carried by the following vote: AYES: Members: Carlson, Dalton, Campbell NOES: Members: None ABSTAINING: Member: Boneysteele ABSENT: Member: Stanley Board and staff thanked the Districtls Engineering Department, John Carrollo Engineering Company and Getty Synthetic Fuel for their concerted effort in coordinating this project. President Campbell reverted to the order of the agenda. 2. APPROVE AMENDMENT NO.2 TO THE AGREEMENT WITH WASTE AND WATER INTERNATIONAL FOR ADDITIONAL ENGINEERING SERVICES IMPROVEMENTS TO LOWER ORINDA PUMPING STATION DSP 3433 AND AUTHORIZE EXECUTION AND EXPENDITURE OF FUNDS TO A MAXIMUM OF 13,600 After discussion, it was moved by Member Dalton, seconded by Member Boneysteele, to approve Amendment No.2 to the Agreement with Waste and Water International for additional engineering services for improvements to Lower Orinda Pumping Station (DSP 3433) and authorize a maximum expenditure not to exceed $13,600. Motion carried by the following vote: AYES: Members: Carlson, Dalton, Boneysteele and Campbell NOES: Members: None ABSENT: Member: Stanley 3. AUTHORIZE EXECUTION OF GAS SALES AGREEMENT BETWEEN CCCSD AND GETTY SYNTHETIC FUELS, INC. This matter was considered as first item of business following IV. ENGINEERING, Item 1. 10 15 81 1988 4. AUTHORIZE THE DEPUTY CHIEF ENGINEER TO NEGOTIATE AND EXECUTE AMENDMENT NO.1 TO THE JOHN CAROLLO ENGINEERS AGREEMENT FOR ENGINEERING SERVICES After discussion, it was moved by Member Carlson, seconded by Member Dalton, that the Deputy Chief Engineer be authorized to negotiate and execute Amendment No.1 to the John Carollo Engineers Agreement for engineering services to reflect changes in the scope of work under the Agreement, with the provision that such work changes will not cause the total cost of services under the Agreement to exceed the original authorized amount of $54,000. Motion carried by the following vote: AYES: Members: Carlson, Dalton and Campbell NOES: Members: None ABSTAINING: Member: Boneysteele ABSENT: Member: Stanley 5. APPROVE PLANS AND PROJECT MANUAL AND AUTHORIZE ADVERTISING FOR BIDS FOR DISTRICT PROJECT 3603, MATERIAL CONTROL CENTER YARD IMPROVEMENTS After discussion, it was moved by Member Carlson, seconded by Member Dalton to approve the plans and project manual for District Project 3603, Materials Control Center Yard Improvements, and to authorize the advertising for bids. Motion carried by the following vote: AYES: Members: Carlson, Boneysteele, Dalton and Campbell NOES: Members: None ABSENT: Member: Stanley 6. APPROVE AMENDMENT NO.4 TO THE TASK B AGREEMENT WITH METCALF & EDDY FOR CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE ELECTRIC MOTOR-DRIVEN AREATION BLOWER INSTALLATION AND AUTHORIZE EXECUTION ~$49,505 FROM THE SEWER CONSTRUCTION FUND FOR THOSE SERVICES After explanation by Dr. Weddle, Deputy Chief Engineer, and Board discussion, it was moved by Member Dalton, seconded by Member Carlson~ to authorize execution of Amendment 4 to the Task B agreement with Metcalf and Eddy for Construction Management Services and to authorize $49,505 from the Sewer Construction Fund for technical services in connection with the purchase and installation of the Electric Motor- Driven Aeration Blower. Motion carried by the following vote: AYES: Members: Carlson, Boneysteele, Dalton and Campbell NOES: Members: None ABSENT: Member: Stanley 7. APPROVE PROPOSED REORGANIZATION OF THE ENGINEERING DEPARTMENT Mr. Dolan, GM-CE, directed the Board's attention to the organization chart depicting the proposed changes in the Engineering Department. The reorganization involves additional responsibilities for Messrs. Larson and McCoy and a change in their title and salaries. It also proposes the addition of one Senior Engineer position to assist Mr. McCoy. The name of the II Engi neeri ng Department" wi 11 be changed to II Engi neeri ng and Construction Departmentll. Mr. Dolan requested Dr. Weddle, Deputy Chief Engineer, to review the recommendations for the Board. After Board and staff discussion, it was moved by Member Carlson, seconded by Member Boneysteele, that the following recommendations be approved and applicable resolutions adopted: (1) Cancel the existing Class Description for Collection System Engineering and Services Division Manager and adopt a new Class Description for Construction and Services Division Manager. Resolution No. 81-187. .. 1 O}' ;")1 5' %8 1 ' 1989 (2) Cancel the existing Class Description for Special Projects Engineering Division Manager and adopt a new class description for Engineering Division Manager. Resolution No. 81-188. (3) Reclassify Jay McCoy to Construction and Services Division Manager at a salary of $4216 (range minimum $3575; maximum $4346). Resolution No. 81-189. (4) Reclassify John Larson to Engineering Division Manager at a salary of $4216 (range minimum $3575; maximum $4346). Resolution No. 81-190. (5) Eliminate the position of Construction Division Manager. (6) Establish a position of Senior Engineer in the Construction and Services Division. The effective date of the above actions to be October 21, 1981. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Carlson, Boneysteele, Dalton and Campbell None Stanley At 8:35 p.m., President Campbell requested a Closed Session to discuss certain allegations related to litigation and the management of the District litigation. Included in the Closed Session were the General Manager-Chief Engineer, District Counsel and Mr. Charles Denny, attorney for Crosby, Heafey, Roach and May. At 9:05 p.m., President Campbell concluded the Closed Session and reconvened the meeting in Open §ession. As a result of discussion in Closed Session, President Campbell read the following prepared statement: IISince February of this year Board Members have received and reviewed over a hundred pages of material in an attempt to find out if there was any truth to the allegations made by Messrs. Ken Barker and Jack Case against certain District personnel. I, as Board President, have had discussion with various parties involved in order to obtain more information or to get clarification of the information submitted to the Board from various sources. There is no question that differences of opinion between certain staff members concerning the handling of law suits did exist over a long period of time, and the Board has been aware of this. The Board has considered these legal issues and strategies and has been making the decisions on them. An independent review by the Board of all the information obtained by the Board pertaining to the Barker-Case allegations has disclosed nothing which substantiates the charges made against District Counsel Carniato and other District staff. For about four years Mr. Carniato and his law firm, in conjunction with District Staff and outside legal consultants, have been preparing the defense for the law suits filed against the District by the Fred J. Early and Peterson-Simpson Construction Companies. For the past year there have been intensive efforts made to settle the Early suit in a way which would be fair and equitable to all the parties connected with the 5A-II filter plant project. Some of these attempts have involved members of this Board in a direct way. As of this date such efforts have failed and the trial is scheduled to begin in three weeks. Whether the allegations made against the District Counsel are coincidental at this time or if this is all somehow related to the trial is not known at this juncture. ],0 15 81 1990 In any event, the most important thing now is that the District proceed to this next phase of the litigation in the strongest possible position because only in this way can we present the best case and protect public funds. The Board officially and totally rejects the allegations made by Barker and Case, reaffirms its full support of District Counsel Carniato and his preparation for the trial. We urge him not to let these unsubstantiated but publicly-aired charges interfere with the defense and to let his adversaries know that we are not backing off in any way because of them. The Board will have nothing more to sayan the matter at this time so as not to interfere with the trial and attorney/client privileges but leave it in the capable hands of Counsel Carniato.1I Mr. Donald Risden, a member of the audience, requested to address the Board to introduce documents concerning the allegations. President Campbell did not recognize Mr. Risden indicating that his prepared statement was the last response Board Members would give to the allegations because further comments could endanger favorable settlement of ongoing litigation. President Campbell indicated that if Mr. Risden had any information which should be made available to the Board, he should get it into the hands of the District Secretary, who would see that it was distributed to the Board. V. BUDGET AND FINANCE 1. RECEIVE FINANCIAL MANAGEMENT INFORMATION SYSTEM REPORT AND AUTHORIZE CONTRACT NEGOTIATION Mr. Dolan, GM-CE, requested Mr. Walter Funasaki, Finance Officer, to present to the Board the findings of Peat, Marwick and Mitchell (PMM) and the Districtls Systems Study Group (SSG) regarding the Financial Management Information System. Mr. Funasaki reported that a review by PMM and the District's SSG regarding the development of a system to handle financial management information has revealed that an in-house computer system should be acquired. Selection of a vendor is the next course of action. After the contract is executed an order for the equipment should be placed. In the interim, the basic data base should would be prepared and District Accounting personnel should be trained to operate and maintain the computer system and perform minor programming modifications. After Board and staff discussion, it was moved by Member Dalton, seconded by Member Carlson, that an in-house computer system be acquired by the District and contract negotiations with both Computer Resources Management Corporation and International Data Applications be authorized (with specific vendor selection being the next course of action). Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Campbell, Boneysteele, Dalton and Campbell None Stanley 2. APPROVE BILLS FOR ROFESSIONAL LEGAL SERVICES a. b. c. JOHN J. CARNIATO CROSBY, HEAFEY, ROACH & MAY CORBETT, KANE & BERK Mr. Carniato requested that the Board defer approval of the statements until after discussion in Closed Session at the end of the meeting. 1 0 >+; 1 5 :¡~ 81 : 1991 VI. PERSONNEL CANCEL THE EXISTING CLASS DESCRIPTION FOR SENIOR ACCOUNTANT AND ADOPT NEW CLASS DESCRIPTION FOR SENIOR ACCOUNTANT DATED OCTOBER, 1981 1. After explanation by Mr. Dolan, GM-CE, it was moved by Member Carlson, seconded by Member Boneysteele, to cancel the existing Class Description for Senior Accountant and adopt a new Class Description for Senior Accountant dated October 1981, and that a resolution be adopted to that effect. Resolution No. 81-191. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Carlson, Boneysteele, Dalton and Campbell None Stanley RECOMMENDATION FOR HANDLING FURTHER PETITIONS OF EMPLOYEES DESIRING TO BE REPRESENTED BY THE MANAGEMENT SUPPORT/CONFIDENTIAL GROUP 2. Mr. Dolan, GM-CE, advised that additional Employees have petitioned the Board requesting that their positions be included in the Management Support/ Confidential Group and that they be represented by that group in wage and benefit negotiations. Board Members acknowledged receipt of the presented petitions and indicated there would be no action until procedures relating to these matters are adopted and meet and confer sessions in regard to these matters are completed. It was the consensus of the Board that future petitions in this regard be placed under the Consent Calendar for acknowledgement. 3. STATUS REPORT OF ELECTION AMONG DISTRICT EMPLOYEES TO DETERMINE PARTICIPATION IN STATE DISABILITY PROGRAM Mr. Paul Morsen, Administrative Department Manager, explained that in accordance with the Memorandum of Understanding between the District and the Employees I Association, an election will be held to determine whether the District employees wish to participate in the State Disability Program (SDI). The Employees I Association, Local #1, and the Management Support/Confidential Group agree that it would be advantageous to request the State Conciliation Service to assist and supervise the election. Board Members acknowledged receipt of material relative to the election. VII. ,ITEMS LATE FOR THE AGENDA None VII I. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan reported that there have been newspaper articles indicating that the City of Martinez proposes to share future tax revenues from Mt. View- Vine Hill areas with the County, if the areas are annexed to that City. District staff has investigated the matter and had been advised that any further progress on the annexation was unlikely at this time. b. Mr. Dolan advised that he had met with Mr. Skaggs, Attorney for the District's franchised garbage companies, regarding justification for Pleasant Hill/Bayshore Disposal IS rate increase for hauling and disposal of sludge from the Treatment Plant. 10 15 81 1992 XI. ADJOURNMENT At 11:03 p.m., President Campbell adjourned the meeting to October 29, 1981. " resident of the District Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 10 1 ~., ~) .81