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HomeMy WebLinkAboutBOARD MINUTES 03-02-78 1234 MINUTES OF A REGULAR BOARD MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD MARCH 2, 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 March 2, 1978, at 7:30 P.M. President Allan requested the Secretary to call roll. I. ROLL CALL PRESENT: ABSENT: Members: Campbell, Boneysteele, Carlson and Allan Member: Rustigian Member Rustigian arrived at 7:43 P.M. II. APPROVAL OF MINUTES 1. MINUTES OF THE MEETING OF FEBRUARY 2, 1978 It was moved by Member Boneysteele, seconded by Member Carlson, that the minutes of February 2, 1978 be approved as presented. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Campbell, Boneysteele, Carlson and Allan None Rustigian 2. MINUTES OF THE MEETING OF FEBRUARY 16, 1978 Minutes of the Meeting of February 16, 1978 were deferred to the next meeting. III. EXPENDITURES None. IV. HEARINGS None. V. BIDS None. VI. OLD BUSINESS 1. DSP 3000 - OFFICE BUILDING EXPANSION a. AUTHORIZE ADDITIONAL $10,000 FOR EXPANSION OF OFFICE BUILDING STUDY - DSP 3000 AUTHORIZATION TO SELECT AN ARCHITECT FOR DSP 3000 OFFICE BUILDING EXPANSION b. c. RUNNING SUMMARY OF LOCATION CONSIDERED FOR NEW OFFICE SITE a. Mr. Dolan, General Manager-Chief Engineer, iNdicated' that the cost of work on the office expansion study has exceeded the original authorization and requested an additional $10,000, which would bring the total amount authorized to $15,000. 03 02 78 1235 b. Staff proposes to advertise for architectural services. From the solicitation staff would select a small group of architects and then return to the Board for the final selection. c. As suggested by the Board, staff is proposing new site locations to be considered for the building expansion. An ad describing the site requirements has been placed in the Contra Costa Times, Martinez Gazette, Tri-Valley News and The Squawker. From response thus far, two sites are considered to meet the needed requirements which have not previously been considered by the Board. The Board's attention was directed to a map showing the location of the sites: one located near Treat and Buskirk and the other near Treat and Oak Road. Board discussion followed. Since the present site is so convenient for the public, the feasibility of demolishing the present structure and constructing a three story building at this site was discussed. Mr. Dolan stated that this structure and site would make a fine maintenance operation, which does not mean that the Board meetings could not continue to be held at this location if determined most desirable. Member Carlson stated that it would be most desirable to have a site selected before retaining an architect. Mr. Dolan explained that should we find an attractive site with zoning problems, we would have to apply for a variance from the Planning Commission. In which case an architect's rendering would be necessary. Since time is a factor, an architect would also be familiar with building codes and would be able to expedite the planning process with the City or County. After further discussion, it was moved by Member Carlson, seconded by Member Rustigian, that authorization of an additional $10,000 for office building expansion study, DSP 3000 and the solicitation of an architect, be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None President Allan digressed from the order of the agenda to receive the report of Mr. John A. Bohn, Special Counsel for the District, on the status of the solid waste negotiations with the collectors and Acme Fill Corporation. Mr. Bohn stated that at the meeting of January 26, 1978 the Board instructed him to approach the collectors for a statement as to whether they will be able to guarantee furnishing the required quantity of solid waste for fuel for our furnaces. At that meeting, it was also discussed whether the garbage should be dropped at the District front end facility as collected or preliminarily sorted by the garbage people prior to delivery to the District for final processing into (RDF) fuel. With these uncertainties, the collectors do not feel they were able to come up with a firm proposal. However, after a great deal of study, they have determined that they are not equipped to handle complete processing of the garbage for fuel. At a meeting of collectors and District representatives, a proposal was discussed to deliver the unsorted garbage direct to the District plant site and the collectors would be allowed to pick up certain salvage. The collectors have decided not to consider this plan. As previously requested by the Board, there should be a written proposal from Acme Fill presented at the next Board meeting, wherein it is anticipated that Acme Fill will guarantee to supply specified quantities of solid waste to the District. They do not intend to have any shredding equipment to refine the garbage. but will extract all the larger fractions and most of the tin cans from the garbage and come up with a solid waste material containing minimum ferrous metals, which will be readily transportable to the District Plant for ultimate refinement for fuel purposes. Acme Fill will also agree under contract to transport and dispose of the furnace ash which may turn out to be hazardous waste and other material containing lime that may be hazardous. 03 02 78 1236 Their proposal will be to establish a line of discussion and will not mention cost figures. From that point, further investigation will determine if it is economically feasible. Mr. Bohn requested to meet with Mr. Dolan after the next Board meeting. President Allan asked if the Board had any questions. Board members discussed the problems that might arise if our required quantities of solid waste affected areas beyond the District boundaries; what would happen in the event of strikes; for how many years would the contract be written; and whether there would be an escalation clause. They also requested that they have copies of the proposal for review prior to the meeting of March 16. President Allan thanked Mr. Bohn for his presentation. Member Boneysteele stated that the Board has a garbage hearing on March 16 and suggested that we discuss the solid waste negotiation after that hearing. Member Campbell queried as to whether the garbage rate study would be ready for review by the March 16 meeting. Mr. Dolan did not to think they would be prepared by that time. President Allan reverted to the order of the agenda. VI I. NEW BUSINESS 1. ACCEPTANCE OF EASEMENT AT NO COST TO THE DISTRICT AND ADOPTION OF RESPECTIVE RESOLUTION AND AUTHORIZE RECORDING After discussion it was moved by Member Boneysteele, seconded by Member Carlson that the easement, as listed below, be accepted at no cost to the District and that a resolution be adopted to that effect. Grantor Job No. Parcel No. Peter Kiewit Sonsl Co. 2814 RESOLUTION NO. 75-53, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM PETER KIEWIT SONS CO. - MARTINEZ AREA, (JOB NO. 2814 - PARCEL NO.1) Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None 2. AUTHORIZATION FOR THREE PARCELS, PA 78-11, ALAMO AREA, PA 78-12, DANVILLE AREA, PA 78-13, ORINDA AREA, TO BE INCLUDED IN PENDING ANNEXATIONS TO THE DISTRICT Mr. Dolan, General Manager-Chief Engineer, explained that the owner of PA 78-13 is requesting that this area be annexed to the District. In 1970, this PA was part of an area considered for development under a LID that failed and in 1977, it was presented for annexation but was withdrawn. Now, the owner would like the property reconsidered for annexation and service. Staff proposal is to notify all property owners whose parcels border the proposed annexation and the sewer line extension by mail and other owners in the area by placing a display ad in the Orinda Sun declaring that a public hearing on the proposed annexation is scheduled for April 6, 1978. After further discussion, it was moved by Member Rustigian, seconded by r~embfar CarLson, that authorization for P/~ 78-11; Alamo area, .and PA-t2, Danville area; to be included in p'ending annexations to the Öistrktbe approved~aria~that a hearing be scheduled for April 6, 1978 to consider the 03 02 78 1237 annexation of PA 78-13, Orinda area. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None 3. AUTHORIZE $5,000 FOR PRELIMINARY STUDY TO ENLARGE THE TREATMENT PLANT SITE Mr. Dolan, General Manager-Chief Engineer, indicated that this matter was related to a previous discussion with the Board concerning property on both sides of our plant site which is for sale. We should consider these properties for future plant expansions and buffers for our plant operations. He explained that the $5,000 would be used for field survey work title search, and professional appraisal. After further discussion, it was moved by Member Rustigian, seconded by Member Boneysteele, that authorization of $5,000 for preliminary study to enlarge the Treatment Plant site be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None CLAIM OF MR. JOHN QUENVOLD, 856 SIBERT COURT, LAFAYETTE, IN THE AMOUNT ~39.50 FOR PROPERTY DAMAGE 4. After discussion, it was moved by Member Carlson, seconded by Member Rustigian, that the claim of Mr. John Quenvold, 856 Sibert Court, Lafayette, in the amount of $39.50 for property damage be approved. Motion carried by the following vote: AYES: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan NOES: Members: None ABSENT: Members: None Member Rustigian commented that at one time the Board authorized staff to settle claims under $25.00. He suggested that this practice be renewed with a higher maximum. After discussion, it was moved by Member Carlson, seconded by Member Rustigian, that staff be authorized to settle claims under $100 without Board approval. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None Claims settled by staff under this policy will be shown on the expenditure list to be reviewed by the Board. 5. VALUE ENGINEERING TRAINING WORKSHOP Mr. Dolan, General Manager-Chief Engineer, explained that Value Engineering is a new discipline of handling design work and cutting cost which is required by new grant procedures. Last year Mr. Aubrey Russell, Sr. Engineer-Treatment Plant, attended the first part of such a workshop. If this is the second part, we request that Mr. Russell attend and thereby receive certification. If it is not a second part, staff would like to select another engineer to receive this training. If staff is unable to schedule their time to attend this training session, it might be necessary under this authorization to send an engineer to a value engineering training session to be held later in the year. After discussion, it was moved by Member Carlson, seconded by Member Rustigian, that authorization for one professional engineer to attend the Value Engineering Training Workshop at San Francisco on March 20-24,1978 with registration and reasonable expenses be approved. Motion carried by the following vote: AYES: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan NOES: Members: None ABSENT: Members: None 03 02 '18 1238 6. PERSONNEL ADMINISTRATION a. ADOPT A RESOLUTION ESTABLISHING THE CLASSIFICATION OF ACCOUNTING DIVISION SUPERVISOR, AND ABOLISHING THE CLASSIFICATION OF ADMINISTRATIVE ACCOUNTANT, EFFECTIVE MARCH 1, 1978 b. AUTHORIZE THE ADDITION OF ONE RECORDS CLERK POSITION, R-49 ($949-1145) TO THE ADMINISTRATION DIVISION a. Mr. Dolan, General Manager-Chief Engineer, advised that advertisements for Accounting Division Supervisor have been placed in the Chronicle and Contra Costa Times. The response to date has been limited. Discussion followed wherein Member Boneysteele commented that the ad may be too restrictive and suggested that we eliminate the experience requirement for municipal accounting and administration of governmental grants. It was the consensus of the Board that the range for the position of Accounting Division Supervisor should be raised from Range 76 to Range 80($1,981-2,401). After further discussion, it was moved by Member Boneysteele, seconded by Member Campbell, that authorization to adopt a resolution establishing the classification of Accounting Division Supervisor and abolishing the classification of Administrative Accountant be approved, and that the experience requirement of municipal accounting and admini- stration of governmental grants be stricken from the qualifications and the salary range for that position be revised from Range 76 to Range 80. RESOLUTION NO. 78-54, A RESOLUTION ESTABLISHING THE CLASSIFICATION OF ACCOUNTING DIVISION SUPERVISOR, AND ABOLISHING THE CLASSIFICATION OF ADMINISTRATIVE ACCOUNTANT Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None b. Mr. Dolan, General Manager-Chief Engineer, explained that this is the first position to come before the Board since July that had not been budgeted. The present Records Clerk, who works a half day as a Receptionist, will be placed in the Accounting Office on a full-time basis due to the workload increase in that division. Therefore, it is imperative that we have a full-time reGeptionist for the telephone switchboard. After discussion, it was moved by Member Campbell, seconded by Member Boneysteele, that authorization to establish and fill an additional records clerk position, R-49 ($949-$1,145), in the Administration Division, be approved. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None PLANT OPERATIONS ADOPT A RESOLUTION RECLASSIFYING RANDY COVEY FROM OPERATOR I, R-59C, ~O MAINTENANCE TECHNICIAN II, R-59C, EFFECTIVE 3/1/78 a. It was moved by Member Campbell, seconded by Me~ber Boneysteele, that a resolution be adopted reclassifying Randy Covey from Operator I, R-59C to Maintenance Technician II, R-59C. 03 02 78 1239 RESOLUTION NO. 78-55, A RESOLUTION RECLASSIFYING RANDY COVEY FROM OPERATOR I, TO MAINTENANCE TECHNICIAN II Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None b. ADOPT A RESOLUTION RECLASSIFYING EDWARD SUKACZ FROM OPERATOR I, R-59E, TO MAINTENANCE TECHNICIAN II, R-59E, EFFECTIVE 3/1/78 It was moved by Member Campbell, seconded by Member Boneysteele, that a resolution be adopted reclassifying Edward Sukacz from Operator I, R-59E to Maintenance Technician II, R-59E. RESOLUTION NO. 78-56, A RESOLUTION RECLASSIFYING EDWARD SUKACZ FROM OPERATOR I, TO MAINTENANCE TECHNICIAN II Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None President Allan suggested that the General Manager-Chief Engineer should be authorized to make these administrative decisions and requested that the District Counsel check into the legal aspects of the General Manager-Chief Engineer making reclassifications. Mr. Carniato replied that he had checked into the delegation of that authority, and Mr. Dolan and he had discussed the issue. Mr. Dolan stated that he will come back to the Board to have this policy change authorized by the Code. 7. ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA a. AUTHORIZE ADDITION OF BRINE LINE PARCEL TWO, EXHIBIT D, TO THE CONTRA COSTA COUNTY WATER DISTRICT LEASE AGREEMENT, DATED 11/22/77 Mr. Dolan, General Manager-Chief Engineer, explained that because the District was in the process of purchasing fee title to the PG&E property involving this parcel, PG&E would not grant the necessary Brine Line easement to the Contra Costa County Water District. The purchase has been completed and the Water District is now requesting the addition of this area to its Lease Agreement with us. It was moved by Member Boneysteele, seconded by Member Rustigian, that authorization for addition of Brine Line Parcel Two, Exhibit D, to the November 22,1977 Lease Agreement be approved and a resolution adopted to that effect. RESOLUTION NO. 78-57, A RESOLUTION AUTHORIZINGADDITION OF AMENDMENT NO.1 (BRINE LINE PARCEL TWO) TO LEASE AGREEMENT DATED NOVEMBER 22,1977, WITH CONTRA COSTA COUNTY WATER DISTRICT Motion carried by the following vote: AYES: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan NOES: Members: None ABSENT: Members: None b. ADOPTION OF RESOLUTION ESTABLISHING AN ELIGIBILITY LIST FOR THE POSITION OF MAINTENANCE SUPERVISOR - TREATMENT PLANT It was moved by Member Campbell, seconded by Member Boneysteele, that a resolution adopting an Eligibility List for the position of Maintentance Supervisor - Treatment Plant be approved. 03 02 78 1240 RESOLUTION NO. 78-58, A RESOLUTION ESTABLISHING AN ELIGIBILITY LIST FOR THE POSITION OF MAINTENANCE SUPERVISOR Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None Board Members queried if actions such as the above could be delegated to staff and if a policy procedure could be established whereby staff would come to the Board only for exceptions. Mr. Carniato, District Counsel, commented that this could be done, however, there will be certain actions requiring Board attention. Staff will want to establish a policy that will be comfortable to the Board. Mr. Dolan, General Manager-Chief Engineer, stated that staff is in the process of developing these procedures and will be presenting them to the Board afor approval as they are completed. Mr. Dolan, General Manager-Chief Engineer, stated that there is another item that he would like to present under the Supplemental Agenda dealing with a personnel matter in the Plant Operations Department. Mr. Niles, Manager - Plant Operations, stated that Mr. Saleem Muhammud, Plant Attendant, is nearing the completion of his probation period, and he has not shown the efficiency in his work that we would expect from a permanent employee and has repeatedly failed to report to work without either notification or a satisfactory reason for his absence. Mr. Muhammud has been counseled by his supervisors and Mr. Niles, but his efficiency and dependability have not improved. It was pointed out that the Code specifies that an employee may be terminated during the probationary period without cause. Discussion followed and at 9:43 P.M., President Allan declared an Executive Session to discuss this personnel matter. At 9:55 P.M., President Allan declared the Executive Session closed and reconvened the meeting. Mr. Jack Case, President of the Employees' Assn., was called to comment in this matter. He stated that probation is for a period of six months to one year, after which time the employee should either receive permanent status or be terminated if unable to satisfactorily fulfill the requirements of the position. Mr. Case stated that as a result of a discussion with the Vice President of the Association, who had reviewed Mr. Muhammud's employment records, it was his recommendation that the decision that Mr. Muhammud be terminated be upheld. As a result of discussion in Executive Session, it was moved by Member Campbell, seconded by Member Carlson, that based on the employee's record, input from individuals, and the recommendation of the General Manager-Chief Engineer and the Employees. Association, the Board terminate the employment of Mr. Saleem Muhammud effective March 2, 1978 and staff discuss the reason for the termination with Mr. Muhammud on March 3, 1978. Motion carried by the following vote: AYES: NOES: ABSENT: r~embers : Members: Members: Campbell, Boneysteele, Rustigian, Cat'lson and Allan Ndne None 03 02 78 1241 VIII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan reported on the CAS A IIAd Hocll Committee meeting regarding User Charges. b. Mr. Dolan attended an EPA Hearing in San Francisco wherein they discussed the new and innovative technology related to waste treatment c. Mr. Dolan advised that the dates of March 9,10 and 14 have been tentatively reserved for an airplane trip to take interested Board Members around the District1s service area, plant site and undeveloped land. It was determined that the afternoon of March 14 would be suitable. d. Mr. Dolan advised that Member Campbell IS reference book on flow diagrams and statistics of the District is available for review by any interested Board Members. e. Mr. Dolan reported on the status of Gregory Gardens Water District backwash situation. There has been no flooding or hydraulic problem in the area as a result of the backwash connection. We have advised Gregory Gardens that Central San intends to terminate its service agreement with them as of the expiration date of July 1, 1978. f. Mr. Dolan advised that he had met on March 1, with the State Water Resource Control Board to discuss 5B-II. 5B-II is broken into two stages - with Stage I being modification of existing incinerators and a front-end facility. The Control Board staff was directed to grant concept approval of $20,000,000 for the first stage of 5B. On the second stage of 58-II, it was the State Board opinion that the District should pursue other areas for funding. Discussion followed on the alternatives. g. Mr. Dolan reported that notices have gone out to people living along Stewart Avenue, Walnut Creek, and Ferry Street, Martinez, notifying them that construction would commence shortly. No comments have been received so staff intends to proceed. h. Mr. Dolan reported on the status of the alleged Brown and Caldwell overpayment. Staff has reviewed the State Interim Audit on Project 5AI, made a thorough analysis, critiqued it and determined that an overpayment in the amount of approximately $109,000 had occured in 1976. We advised Brown and Caldwell there would be no further payments until the issue is resolved. Brown and Caldwell reviewed their contract and discovered a few clauses they did not consider in the contract billing. They resubmitted a revised bill to the District. If we :deduct the unapproved portions of the bill, it leaves a net amount of approximately $67,000. Staff recommends that Board authorize this payment. After discussion, it was moved by Member Campbell, seconded by Member Boneysteele, that authorization to pay approximately $67,000 to Brown and Caldwell for consultant fees on 5A-Phase I project be approved. Motion carried by the following vote: AYES: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan NOES: Members: None ABSENT: Members: None Mr. Dolan mentioned that the actual payment of this bill is a delegated responsibility, but he was pleased to receive the Board's vote. The Board felt that it was appropriate because of the complicated history of this matter that they were brought into this matter. 03 02 78 1242 COUNSEL FOR THE DISTRICT 2. a. Mr. Carniato advised that he has a breakdown of the statement submitted by Mr. John A. Bohn, Special Counsel for the District, for services rendered in connection with the Kaiser Sand case. The amount of $625 is within the framework of the bill and recommends payment. After discussion, it was moved by Member Carlson, seconded by Member Campbell, that the statement from John A. Bohn in the amount of $625 be approved for payment. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None b. Mr. Carniato advised that he has received a statement from MEI in the amount of $575 in connection with the coal study requested by Mr. Bohn. It was moved by Member Boneysteele, seconded by Member Rustigian, that authorization to pay the statement from MEI in the amount of $575, be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None Member Carlson asked if the payment is being made without a written report. Mr. Carniato stated he is not requesting a written report at this time. c. Mr. Carniato advised that he has met with attorneys concerning the Early case. He will be submitting a written report to the Board in regard to that meeting. He has also met with Coopers-Lybrand people to go over the Early files. d. Mr. Carniato advised that he has been asked to attend a meeting next Wednesday with Mr. Fred Fagliano and his attorney. Mr. Carniato indicated he would attend if the collectors came up with some figure to discuss. President Allan queried if Mr. Carniato had attended any meetings pertaining to Jarvis-Gann. Mr. Carniato replied he had not. He has been concentrating on grant project problems with the EPA and as to what is or is not fundable, whether settlements with Peterson-Simpson and Fred J. Early are fundable, etc., and the environmental quality charge. 3. SECRETARY None 4. COMMITTEES None IX. MATTERS FROM THE FLOOR None. X. ADJOURNMENT At 10:50 P.M., President Allan adjourn a ~he meetin . I { ¡ Secr ary of the strict Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California 03 02 78