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HomeMy WebLinkAboutBOARD MINUTES 04-02-87 44 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON APRIL 2,1987 The Di strict Board of the Central Contra Costa Sanitary Di strict convened in a regul ar meeti ng at its regul ar pl ace of meeti ng, SO19 Imhoff Pl ace, Martinez, County of Contra Costa, State of Cal ifornia, at 7:33 p.m. on April 2, 1987. President Clausen called the meeting to order and requested that the Secretary call roll. I. ROlL CALL PRESENT: Members: Boneysteele, Dalton, McNulty, Carlson, Clausen ABSENT: Members: None II. PUBLIC COMMENTS None III. APPROVAL OF MINUTES 1. MINUTES OF MARCH 19,1987 It was moved by Member Carlson and seconded by Member McNulty, that the minutes of March 19, 1987, be approved as presented. There being no obj ecti on, the moti on was unanimousl y approved., IV. CONSENT CALENDAR Member Dalton raised the question of encouraging annexations to the District. Following discussion, Mr. Roger J. Dolan, General Manager- Chief Engineer, stated that this matter would be calendared on a future General Manager-Chief Engineer's Report. , It was moved by Member Carlson and seconded by Member McNulty, that the Consent Calendar, consisting of six items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resolution No. 87-0S2 accepting an easement at no cost to the District from BLACKHAWK CORPORATION, Danville area (Job 4334 - Parcell) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Carl son, McNulty, Boneysteele, Dalton, Cl ausen NOES: Members: None ABSENT: Members: None 2. Resol uti on No. 87-0S3 accepting an easement at no cost to the District from FAR WEST ASSOCIATES, Walnut Creek area (Job 4272 - 'Parcel 2) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Carl son, McNulty, Boneysteele, Dalton, Cl ausen NOES: Members: None ABSENT: Members: None 3. Resolution No. 87-054 accepting an easement at no cost to the District from D. M. ABU-GHABEN, et ux, Danville area (Job 1S90 (ext) Mi scell aneous Parcel) was adopted and recordi ng authorized. Motion unanimously approved on the following vote: 04< 02 " 8.7/ 45 AYES: Members: Carl son, McNul ty, Boney steel e, Dal ton, Cl ausen NOES: Members: None ABSENT: Members: None 4. Agreement relating to real property with Laurel Ann Ritter, Job 1663 and Job 1905, in the Alamo area was approved, the Presi dent of the Board of Di rectors and the Secretary of the District were authorized to execute and record said agreement; and Resolution No. 87-0SS was adopted. Motion unanimously approved on the following vote: AYES: Members: Carl son, McNulty, Boneysteele, Dalton, Cl ausen NOES: Members: None ABSENT: Membe rs: None s. Authorization was given for P.A. 87-9 (Walnut Creek), P.A. 87-10 (Danville), P.A. 87-11 COrinda), and P.A. 87-12 (Martinez) to be included in a future formal annexation to the District. Motion unanimously approved on the following vote: AYES: Membe rs: Carl son, McNulty, Boneysteele, Dal ton, Cl ausen NOES: Members: None ABSENT: Membe rs: None 6. Attendance of Dougl as Crai g at Hydraul i cs Tra i ni ng Sem i na r i n San Jose, California, on July 7-9,1987, was approved. Motion unanimously approved on the following vote: AYES: Members: Ca rl son, McNulty, Boneysteele, Dal ton, Cl ausen NOES: Members: None AB SENT: Members: None CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER President Clausen departed from the order of , ~ccommodate interested parties in the audience. the agenda to XIII. CLOSED SESSION At 7:47 p.m., President Clausen declared a closed session to discuss litigation pursuant to Government Code Section S49s6.9(b). A point has been reached where in the opi ni on of the Board of Di rectors of the Central Contra Costa Sanitary District on the advice of its Counsel, based on existing facts and circumstances, there is a significant, exposure to litigation against the District. At 7:Ss p.m., President Cl ausen concl uded th at cl osed sessi on and reconvened the meeti ng into open sessi on. XIV. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION At this time, Item IX., Correspondence, was considered. IX. CORRESPONDENCE 1. LETTER FROM PUBLIC EMPLOYEES UNION, LOCAL ONE, REGARDING APPEAL TO THE BOARD IN THE MATTER OF RECLASSIFICATION GRIEVANCE ON BEHALF OF BETH MAPLES ' It was moved by Member Boneysteele and seconded by Member McNulty, that staff be authorized' to retain a neutral third party to render an 04 02 2~:" 87, ~ .., 46 advisory opinion as to whether reclassification is a grievable issue under the Memorandum of Understandi ng. Moti on unanimousl y approved on, the following roll call vote: \, AYES: Members: Boneysteele, McNulty, Dalton, Carlson, ~ausen NOES: Membe rs : None ABSENT: Members: None President Clausen returned to the order of the agenda. V. ENGINEERING 1. APPROVE THE PROJ ECT AND AU1tI0RIZE $12,000 FROM THE SEWER CONSTRUCTION FUND FOR PREDESIGN OF STORM DAMAGE REPAiRS AT 731 MINER ROAD, ORINDA (DP 4299) Mr. Roger J. Dol an, General Manager-Chief Engi neer, presented that staff request for approval of the project and $12,000 additional funding over and above the General Manager-Chief Engineer's authorization to provide predesign for storm damage repairs at 731 Miner Road in Orinda. Following discussion, it was moved by Member Dalton and seconded by Member Carlson, that the project be approved and that $12,000 be authorized from the Sewer Construction Fund for predesign of storm damage repairs at 731 Miner Road, Orinda (District Project 4299). Motion unanimously approved on the following roll call vote: AYES: Members: Dal ton, Ca rlson, Boney steel e, McNul ty, Cl ausen NOES: Membe rs: None ABSENT: Membe rs: None CONTINUE THE PROCESS TO ESTJlBLISH LOCAL IMPROVEMENT DISTRICT 56 AND SET A HEARING DATE TO CONSIDER PUBLIC TESTlfoDNY" ' 2. Mr. Dol an, General Manager-Chief Engi neer, 'advised that property owners in the La Casa Via/Brodia Way area of Walnut Creek petitioned this District in ~986 to form a Local Improvement District (LID) for the purpose of financi ng and constructi ng a publ ic sewer system to benefit their properties. This position paper continues that process. The bond counsel, Mr. Robert Brunsell of the 1 aw fi rm of Sturgi s, Ness, Brunsell and Sperry, responded to questi ons from the Board concerni ng 1 egal compl iance and compliance with the District's procedures and requirements. It was moved by Member Dalton and seconded by Member Carlson, that Resolution No. 87-056 directing filing of the boundary map with the County Recorder be adopted; that Resol uti on No. 87-0S7 approvi ng the agreement for services with Sturgis, Ness, Brunsell and Sperry be adopted; that Resolution No. 87-0S8 approving the agreement for engi neeri ng services with DK Associ ates be adopted; that Resol uti on No. 87-0S9 indicating an intent to order improvement in the LID area be adopted; that Resolution No. 87-060 accepting the engineer's report for the LID and setting May 19,1987 as the hearing date for receiving public testimony on LID S6 be adopted; that Resol uti on No. 87-061 calli ng for construction bids be adopted; and that staff be directed to advertise for construction bids. Motion unanimously approved on the following roll call vote: ' AYES: Members: Dal ton, Carl son, Boney steel e, McNul ty, Cl ausen NOES: Members: None ABSENT: Membe rs: None VI. TREATtlfNT PLANT 1. AU11-I0RIZE GENERAL MANAGER-CHIEF ENGINEER TO EXEaJTE AN AM:NDMENT TO THE ,4GREEMENT WITH TRC ENVIRONMENTAL, INC., AND AU11-I0RIZE $S4,000 IN SEWER CONSTRUCTION FUNDS FOR PHASE II OF THE ODOR CONTROL SlUDY 04 o~ hi, 47 Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Dalton and seconded by Member McNulty, that the General Manager-Chief Engi neer be authorized to execute an amendment to the agreement with TRC Environmental, Inc., and that $S4,000 be authorized from the Sewer Construction Fund for Odor Control Study, Phase II. There being no objection, the motion was unanimously approved. VII. APPROV AL OF EXPENDITURES 1. EXPENDITURE LIST DATED APRIL 2,1987 Member McNulty, member of the Budget and Finance Committee, stated that she and Member Dalton have reviewed the expenditures and found them to be satisfactory. It was moved by Member McNul ty and seconded by Member Dal ton, that the Expenditure List dated April 2, 1987, including Self Insurance Warrant Nos. 100084-100093, Running Expense Warrant Nos. 31386-31640, and Sewer Constructi on Warrant Nos. 4398-4431, be approved as recommended. There being no objection, the motion was unanimously approved. VIII. PERSONNEL 1. RECEIVE AND CONSIDER PERSONNEL BUDGET REQUESTS' FOR FISCAL YEAR 1987-88 Member Boneysteele, Chair of the Personnel Committee, stated that he and Member McNulty have met with staff to review the Personnel Budget requests and the report of Ralph Andersen and Associates. Because of the policy implications of centralizing the public information activities in the Office of the Secretary of theDi strict, that porti on was extracted from the Personnel Budget for consi derati on and di recti on fran the full Board. The remainder of the Personnel Budget is presented to the Board with the Personnel Committee's endorsement. Presi dent Cl ausen expressed concern about approvi ng the Personnel Budget requests prior to consideration of the Capital Budget. Mr. Dolan, General Manager-Chief Engineer, indicated ,that staff is aware of this and uses a common basis in preparing the budgets. The Board reviews the budgets individually but all the budgets are scheduled for final adoption in June. If corrections are necessary they can be made before the final adopti on. Discussion followed concerning the Engineering Rotational Program, the use of consultants, the restructuring of the Purchasing and Materials Control Section, and the centralization of public information functions. The Personnel Budget for Fiscal Year 1987-88, items one through sixteen, was received and staff was requested to provide further justification for the proposed changes in the Purchasing and Materials Control Section, to prepare separate job specifications for the positions of Junior Engineer and Assi stant Engi neer, and to cal endar the central izati on of publ ic information activities for discussion at the next Board meeting. 2. AUTHORIZATION TO HIRE SEASONAL EMPLOYEES It was moved by Member McNul ty and seconded by Member Boneysteel e, that the hiring of 40 persons for seasonal employment be approved. The motion was unanimously approved on the following roll call vote: AYES: Membe rs: McNul ty, Boneysteele, Dalton, Carlson, Cl ausen NOES: Members: None ABSENT: Members: None IX. CORRESPONDENCE 1. LETTER FROM PUBLIC EMPLOYEES UNION, LOCAL ONE, REGARDING APPEAL TO THE BOARD IN THE MATTER OF RECLASSIFICATION GRIEVANCE ON BEHALF OF BETH MAPL ES This item was taken out of order earlier in the agenda. 04 02 .;'- ';',~ ,; 8,7 '. T'" 48 X. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None XI. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER j a. Mr. Dol an, General Manager-Chief Engi neer, reported that staff intended to temporarily suspend Pioneer Liquid Transport's permit to dump septic sewage at the District because of apparent violations of the District Code. In accordance with the provisions of the District Code, staff has set a hearing for the May 7, 1987 Board meeting. Mr. Dolan requested and received Board concurrence to notify Pioneer Liquid Transport immediately of the suspension of the District's permit. b. Mr. Dolan provided a status report of the San Ramon Redevelopment Agency Project and advised that a Fiscal Review Canmittee has been formed to determine if there is any fiscal detriment to any public agency as a result of the redevelopment project. The net loss to the Di strict over the 1 ife of the proj ect woul d be approximatel y $S million. Following discussion, Member McNulty and President Clausen were , appoi nted to serve on an ad hoc committee to meet with' representatives of the City of San Ramon concerning this issue. c. Mr. Dolan advised that the District's current memoranda of understanding provide for a cost of living wage increase of three percent to ei ght percent based on the Bay Area All Urban Consumers Price Index during the February 1986 to February 1987 base period. The CPI during that period was 2.3 percent. Therefore, as of May 1, 1987, all District employees, with the exception of the General Manager-Chief Engineer, will receive a three percent pay increase. d. Mr. Dolan presented the new District letterhead design to the Board and advised that the new letterhead is designed around the District's logo with the addition of a drawing of Mt. Diablo. e. Pursuant to a di scussi on held earl ier with the Board, Camp Dresser and McKee/James M. Montgomery (CDM/JMM) have been asked to provide a proposed change order to the Treatment Pl ant Master Pl an covering the work necessary to develop an outline schedule and cost of buy in under which TWA might be provided with service. The cost of the change order will be $26,000. f. Mr. Dol an reported that substantial rate increases have been requested by the garbage companies, ranging from 17 percent by Orinda-Moraga Disposal to 78 percent by Pleasant Hill Bay Shore Disposal. The bulk of this increase is related to the cost of disposal at the landfill. Staff has approached other franchisers in the area regarding jointly sponsoring an analysis by an independent firm such as Price Waterhouse to look at the appropriateness of the disposal charges based on the closure plan and other cost increases. g. Mr. Dolan announced that staff is in the process of preparing a newsletter that would go out to people potentially affected by IT cl osure. A draft of possibl e newsl etters was di stributed for Board review. The Board was requested to contact staff with any comments or questions. This matter will be calendared for consideration at the next Boa rd meeti ng. h. Mr. Dolan announced that the District is currently advertising for the San Ramon Sewer Improvement Project. The estimated cost of the proj ect i s $1S mill ion. 2. COUNSEL FOR THE DISTRICT a. Mr. James L. Hazard, Counsel for the District, reported the status of Senate Bill 1337, which would allow publication of ordinances by s umma ry . b. Following explanation by Mr. Hazard, Counsel for the District~ it was moved by Member Dalton and seconded by Member McNulty, that the 04 o~ b 'i 49 Di strict take a positi on of support for Senate Bl1 1 396 which woul d provide two new judgeships for the County and an oppose position on Senate Bil 1 1313 which woul d eliminate state funds for arbitration. Motion unanimously approved on the following roll call vote: AYES: Members: Dalton, McNulty, Boneysteele, Carlson, Clausen NOES: Members: None ABSENT: Members: None 3. SECRETARY OF THE DISTRICT Ms. Joyce McMill an, Secretary of the Di strict, reported that one employee has failed to comply with the District's Conflict of Interest Code di scl osure requi rements. As requi red by State statute, a fi ne has been levied and this matter will be referred to the District Attorney. 4. BOARD MEM3ERS a. Member Dalton reported on the Hazardous Materials Commission and Solid Waste Commission meetings held on April 1,1987. XII. ANNOJ NCEMENTS None XII I. ClOSED SESSION 1. SIGNIFICANT EXPOSURE TO LITIGATION This item was taken out of order earlier in the agenda. INITIATION OF LITIGATION 2. Pursuant to Government Code Section S49S6.9(c), on the advice of Counsel based on existing facts and circumstances, the Board of Directors of the Central Contra Costa Sanitary Di strict has deci ded to i niti ate or is deciding whether to initiate litigation. The title of the litigation is not being disclosed because to do so would jeopardize the ability of the District to effectuate service of process or to advantageously conclude existing settlement negotiations. 3. REAL PROÆRTY NEGOTIATIONS With respect to real property negotiations, the closed session is being held pursuant to Government Code Section S49S6.8. The real property which the negoti ati ons may concern is the Southern Pacif ic Ran road abandoned Right-of-Way, Rudgear at Danvl11 e Boul evard to a poi nt 2,3S7 feet south, 100 feet wide and including 23S,700 square feet. The District's negotiators may negotiate with various reversionary heirs. At 10:15 p.m., President Clausen declared the closed session to discuss 1 itigation pursuant to Government Code Section S49S6.9(c) and real property negotiations pursuant to Government Code Section S49S6.8. At 10:42 p.m., President Clausen concluded the closed session and reconvened the meeting into open session. XIV. ACTIONS RESULTING FROM DISCUSSIONS IN ClOSED SESSION This item was taken out of order earlier in the agenda. 04 02 87 50 ,.,... ,., 04 xv. ADJ OJRNMENT There being no further business to come before the Board, President Clausen adjourned the meeting at the hour of 10:42 p.m. Presiden of the Board of Directors, Centra ontra Costa Sanitary District, , y of Contra Costa, State of California COUNTERSIGNED: CL /YJ . Sec' a of the Central Contra Co Sanitary District, County of Contra Costa, State of California 0,2.,. 87