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HomeMy WebLinkAboutBOARD MINUTES 03-06-80 1677 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD MARCH 6, 1980 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 6,1980 at 7:30 p.m. President Carlson called the meeting to order and requested the Secretary to call roll. 1. ROLL CALL AYES: Members: Boneysteele, Campbell and Carlson ABSENT: Members: Stanley and Dalton Member Stanley arrived at 7:38 p.m. Member Dalton arrived at 7:43 p.m. II. APPROVAL OF MINUTES None. III. APPROVAL OF EXPENDITURES Member Boneysteele, member of the Budget and Finance Committee indicated that he had reviewed the expenditures and found them to be sati sfactory. After discussion, it was moved by Member Boneysteele, seconded by Member Campbell, that Running Expense Voucher Nos. 10289 through 10397; and Sewer Construction Voucher Nos. 940 through 955 be approved. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Campbell and Carlson None Stanley and Dalton IV. HEARINGS None V. BIDS None V1. OLD BUSINESS 1. ADOPT POLICY ON IILAYOFF BY DISPLACEMENTII AND AUTHORIZE INCLUSION IN AMENDED CHAPTER 4 AS SECTION 4-503 OF THE DISTRICT CODE AND APPROVE DELETION OF SECTION 4-505 Mr. Dolan, General Manager-Chief Engineer (GM-CE), advised that at the time the new Chapter 4 of the District Code was approved, Member Campbell had noted the language pertaining to layoffs was outdated and inconsistent. Therefore, staff has revised and updated the language and procedures of Section 4-503 of the District Code. The Employees Association has reviewed the text and concurs with its contents. This material will be inserted into Ordinance 142, which was adopted at the meeting of February 7, 1980 subject to the modification of this Section. 0 0'" " ' () '0" .fJ'<,. .¡' \,,} \\ 1678 OQ p.;) Member Campbell complimented staff on the work connected with the revision of this Section 4-505 and recommended its approval. Discussion followed wherein it was suggested that the phrase lias identified in the organization chartll be added to the end of the third paragraph under II(A) In Same Classll. It was the consensus of the Board that this phrase be added. In answer to Board query, Mr. Dolan stated that IItenurell is defined as the period of service beginning at the time of hire. Board Members questioned the procedure of layoff rights (bumping). Mr. Dolan explained that an employee may demote to his previous position within the department, providing the position still exists. All non- permanent employees would be separated from the District prior to the layoff of any permanent employee. President Carlson commented that it is important to have all the departments within the District clearly defined. Mr. David Johnson, President of the Employees Association, stated that the only provision to demote from one department to another would be in the case where an employee has taken a new position in a new department and is still in the probationary period of that new position. In answer to Board query, Mr. Johnson replied that the Employees Association was in agreement with the layoff by displacement policy as described in the revised Section 4-503. After further discussion, it was moved by Member Campbell, seconded by Member Stanley, that the revised policy for IILayoff by displacementll (Section 4-503), be incorporated into Ordinance 142, adopted on February 7,1980, and that Section 4-505 be deleted from that Ordinance. Motion was unanimously approved. 2. APPROVAL OF AGREEMENTS WITH METCALF AND EDDY AND AUTHORIZE EXECUTION TO APPROVAL OF AGREEMENTS BY THE STATE Mr. Carniato, District Counsel, informed the Board that Mr. Lawrence Kyne, Vice President of Dillingham Corporation (parent corporation of Peterson/Simpson), was present in the audience. Therefore, any questions they may have in regard to the Metcalf and Eddy Agreements as they relate to unfinished work on 5A-I, should be reserved for discussion in executive session. Dr. Weddle, Deputy Chief Engineer, briefed the Board on the Metcalf & Agreements. After Board and staff discussion, it was moved by Member Dalton, seconded by Member Stanley, that the three agreements with Metcalf & Eddy be approved and that the Board President be authorized to execute the agreements subject to receipt of written approval from the State Water Resources Control Board. Motion was unanimously approved. 3. APPROVAL OF AGREEMENTS WITH MACKINLAY/WINNACKER/MCNEIL FOR DESIGN OF THE CONSTRUCTION SERVICES BUILDING AT THE TREATMENT PLANT AND AUTHORIZE EXECUTION Mr. Dolan, GM-CE, explained that an agreement has been negotiated with MackinlaylWinnackerlMcNeil, (MWM), for design of the Construction Services Building and services during construction. The total cost of project design and services during construction will be $20,300. The Board has previously authorized $11,500 for architectural services on this project and staff is now requesting an additional authorization of $8,800 to meet the total architectural cost of $20,300. After discussion, it was moved by Member Dalton, seconded by Member Stanley, that the President be authorized to execute the agreement with MWM for design of the construction services Building at the Treatment Plant and that an additional authorization for $8,800 for design and architectural services be approved. Motion was unanimously approved. 0, "" ""~/ ""', ,..,. ;\..: (, '\:¡,' V' ,,-.J 1679 VI1. IŒW BUSINESS 1. ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT AND ADOPTION OF RESPECTIVE ~ESOLUTIONS AND AUTHORIZE RECORDING After discussion, it was moved by Member Boneysteele, seconded by Member Dalton, that the easements as listed be accepted at no cost to the District, respective resolutions adopted and their recordings authorized. Grantor Area Job No. Parcel Res. No. a. Konrad H. Westphal b. Konrad H. Westphal c. W. Gardiner & Helen Joyce Gardiner Orinda Orinda Moraga 3326 3326 3008 3 4 4 80-32 80-33 80-34 Motion was unanimously approved. 2. ~UTHORIZE EXECUTION OF QUITCLAIM DEED, QUITCLAIMING ALL RIGHTS TITLE AND INTEREST IN ALL ROADS IN FAIRVIEW SUBDIVISION, TO SHELL OIL COMPANY, MARTINEZ Mr. Dolan, GM-CE, explained that Shell Oil Company has requested the District to quitclaim the parcel which reverted to the District when the City of Martinez vacated the roads in the Subdivision known as IIFairviewll. Shell Oil has purchased all the properties in IIFairviewll subdivision except Lots 1,2 and 3 of Block 1, which are owned by the District for the Fairview Pump Station. The subject quitclaim will eliminate District interest in all roads in IIFairviewll and give Shell Oil Company control over the entire area while reserving proper access rights for our pump station lots. The access rights were established when the City of Martinez vacated the roads in Fairview subdivision. After discussion, it was moved by Member Dalton, seconded by Member Campbell, that the President and Secretary be authorized to execute a quitclaim deed covering all roads in Fairview Subdivision to Shell Oil Company and that a resolution be adopted to that effect, with the stipulation that Shell Oil Company physically abandon all sanitary sewers in accordance with District standards prior to recording. Resolution No. 80-35. Motion carried by the following vote: AYES: Members: Stanley, Dalton, Campbell and Carlson NOES: Members: None ABSENT: Members: None ABSTAINING: Member: Boneysteele AUTHORIZE PA 80-5 (DANVILLE AREA) AND PA 80-6 (ALAMO AREA) TO BE INCLUDED IN THE NEXT FORMAL ANNEXATION TO THE DISTRICT 3. After discussion, it was moved by Member Stanley, seconded by Member Dalton, that authorization for PA 80-5 (Danville Area) and PA 80-6 (Alamo Area) to be included in the next formal annexation to the District be approved. Motion was unanimously approved. Member Dalton suggested that because of the inflation and cost factors, it would be appropriate for staff to review the annexation fee structure. 0 O"i~',: ';, p' 'c..' .,"-,',' ','. 0,",',' '.~, ~ ~]', ,;..J , , 1680 03 4. APPROVE AND AUTHORIZE EXECUTION OF STATE UTILITIES AGREEMENT 106.75.2 CONCERNING RELOCATION OF CERTAIN DISTRICT FACILITIES ADJACENT TO STATE ROUTE 04-CC-680 BETWEEN NORTH MAIN STREET OVERCROSSING AND 0.5 MILE NORTH OF OAK PARK BLVD. INTERCHANGE Mr. Dolan, GM-CE, advised that on January 15, 1980, the State of California issued to the District a IINotice to Relocatell ordering the relocation of certain sewerlines, manholes and rodding inlets in order to accommodate proposed freeway modifications. The State has agreed to assume full financial responsibility for the required relocation work, which is estimated to be $92,400. After discussion, it was moved by Member Dalton, seconded by Member Campbell, that the State Utility Agreement 106.75.2 be approved, the President be authorized to execute said agreement and a resolution adopted to that effect. Resolution No. 80-36. Motion was unanimously approved. 5. DECLARE SCRAP MATERIALS AT THE TREATMENT PLANT SURPLUS AND AUTHORIZE DISPOSAL Mr. Dolan, GM-CE, advised that the Treatment Plant has amassed a considerable amount of scrap metal as a result of work on the Stage 5A-I contract and other contracts which should be disposed of. After discussion, it was moved by Member Stanley, seconded by Member Dalton, to declare one lot of scrap metal at the treatment plant surplus and authorize its disposal. Motion was unanimously approved. 6. APPROVE SIGNATURE LIST FOR CERTIFICATES OF DEPOSIT Mr. Dolan, GM-CE. explained that developers of private projects are required to provide the District with Certificates of Deposit as a bond to guarantee the project. Upon satisfactory completion of the respective projects, the certificates are released by the District and the developer can retrieve his money. At present there is no official list of persons authorized to endorse the certificates. After discussion, it was moved by Member Stanley, seconded by Member Dalton, that Clyde M. Hopkins, Clark L. Weddle, and Walter N. Funasaki be authorized to endorse Certificates of Deposit for the District. Motion was unanimously approved. 7. ACCEPT 1979 ANNUAL SELF-MONITORING PROGRAM REPORT After explanation by Mr. Dolan, GM-CE, on some of the contents of the 1979 Annual Self-Monitoring Report, it was moved by Member Boneysteele, seconded by Member Campbell, that the 1979 Annual Self Monitoring Program Report be accepted. Motion was unanimously approved. 8. 1980-1981 BUDGET SCHEDULE Mr. Dolan, GM-CE, reported that staff is working on an internal schedule for budget process which will be keyed into the Board schedule. A schedule showing budget items to be considered in May and June has been prepared for Board review. Staff is proposing that a Board Meeting be scheduled for May 29. Dave Johnson, President of the Employees Association, advised that the Association would not be able to present a proposal until May 29. This is due to the fact that the April CostPrice Index (CPI) will not be available until May 22. Oie't> , t:-"J\ ",",,< «::J ..0; (, :' 1681 Board discussion followed wherein it was the consensus that the Employees Association should submit its proposal for 1980-81 salary adjustments, etc., to the GM-CE by April 3 for staff review. The proposal be based on salary comparisons with other agencies and a projected CPI figure, subject to adjustment to actual April CPI. Any CPI projection would have to be supported by realistic assessments of the impact of inflation on our employees and comparative salary surveys. After staff revi ew, the p'ropo~s.a 1 wi 11 be presented to the Board on May 1 for a preliminary evaluation. 9. PERSONNEL a. AUTHORIZE THE EMPLOYMENT OF A TEMPORARY CLERK TYPIST I IN THE COLLECTION SYSTEM OPERATIONS DEPARTMENT - RANGE 45A ($1,011) AUTHORIZE SIX-MONTH MATERNITY LEAVE OF ABSENCE FOR SUSAN DUFFY BEGINNING 3/10/80 b. Mr. Dolan, GM-CE, explained that the temporary clerical help in Collection System Department would be needed for a period of six-months beginning April 1, 1980. Funds are available in the current budget and additional funds covering the last three month period will appear in the 1980-81 Personnel Budget. In addition, he brought the Board1s attention to the request of Susan Duffy for a six-month maternity leave. After discussion, it was moved by Member Stanley, seconded by Member Boneysteele, that (a) the Collection System Operations Department be authorized to employ a Clerk Typist I, on a temporary basis for six-months, Range 45A ($1,011) and (b) a six-month maternity leave of absence be authorized for Susan Duffy beginning March 10, 1980. Motion was unanimously approved. 10. APPROVAL OF BILLS LITIGATION SERVICES After explanation by Mr. Carniato, District Counsel, it was moved by Member Stanley, seconded by Member Campbell, that statements dated February 29, for services rendered relative to Acme Fill Corporation, Fred J. Early, Jr., Company, Ising-Culligan Soft Water, Roy Johnson, Matthews vs. CCCSD, and CCCSD vs. Peterson/Simpson matters, totalling $26,598.38 be approved. Motion was unanimously approved. Mr. Carniato mentioned that in the case of the Matthews vs. CCCSD suit, the District had been let out of the suit but not until we had expended $20,000 in legal fees. Mr. Carniato indicated that he would be willing to discuss the matter of protecting public agencies against frivolous law suits with CASA and he would also recommend taking actions against individuals who bring frivolous law suits against the District. However, he added that the Matthews suit should not be considered as that type of action. 11. ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA RESOLUTION AUTHORIZING FILING APPLICATIONS FOR FEDERAL AND STATE GRANTS FOR PUBLICLY OWNED WASTEWATER TREATMENT WORKS AND PROVIDING CERTAIN ASSURANCES a. After explanation by Mr. Dolan, GM-CE, it was moved by Member Dalton, seconded by Member Campbell, that a resolution authorizing filing an application for Federal and State grants for publicly owned wastewater treatment works and providing certain assurances be adopted and that the General Manager-Chief Engineer be authorized to execute such grant documents. Resolution No. 80-38. Motion was unanimously approved. 0,' ?,','\) "c' Q',;;n,'",:'" ,1. "O,} 80 1682 VIII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. issue. Mr. Dolan reported on the status of the property insurance b. Mr. Dolan reported that one-half of the new chlorination system at the plant is now complete and operating. The balance of the system should be completed within a week. c. Mr. Dolan advised that a sulfur dioxide leak occurred last week. There were no injuries and a replacement for the defective piece of equipment has already been installed. d. Mr. Dolan reported that the financial statements from V,Jley Disposal, Lafayette Disposal and Diablo Disposal have been received. Staff proposes to submit a proposal, with analysis, at the meeting of March 20 and requests that a hearing be scheduled for April 3. Member Boneysteele commented that with three garbage companies being heard at one meeting, it may become necessary to continue the hearing to April 17 before making the final decision on any rate adjustments. Board Members were in agreement that the hearing might be continued to April 17. Mr. Gary Chase, Manager for the Town of Moraga, has indicated that the Town of Moraga does indeed want to take over the regulation of garbage collection and the setting of rates for the Town, but as yet has not taken action on the matter. He therefore suggested that Mr. Mark Pinado act as their liaison with the District Board on matters relating to garbage rate adj ustments. Mr. Dolan recommended to Mr. Chase that it might be more appropriate if the Town of Moraga's garbage rate committee formulate a set of recommendations to be forwarded to the District Board. District staff would provide the Town Council with a rate request analysis on Orinda/Moraga Disposal for their review. Discussion followed wherein Board Members concurred that the Town of Moraga should submit recommendations on appropriate rate increases. e. Mr. Dolan reported that the County is taking a hard line on the tax allocation to Special Districts for annexation of new property. He expressed concern over the length of time taken to reconci1ethe problem and that property owners are not being apprised of this existing problem. Board discussion followed wherein Member Stanley suggested that a resolution be drafted to the~County Board of Supervisors expressing the District's concern over the County's stand on the allocation of tax revenue from newly annexed properties. After further discussion, it was the consensus that staff prepare a resolution for Board adoption and presentation to the Contra Costa County Board of Supervisors, indicating the District's concern over the County's stand regarding the allocation of tax revenue from newly annexed properties. f. Mr. Dolan reported that the No.1 Steam Turbine is shut down due to a bearing problem. It will take at least two weeks for repairs. g. Mr. Dolan advised that Dr. Weddle, and David Niles had met with a representative from Getty Oil Company to discuss the feasibility of using methane gas as an energy source for the Treatment Plant. 00 iJ 0 ..~~ i J¡ ¡,i,) O^ C') - , 1683 Dr Weddle explained that Mr. Furniss of Getty Oil Company indicated that Getty Oil could supply the plant with 1,000,000 cubic feet of methane gas per day, which is approximately the plant's present consumption of natural gas. About half of the supply would originate from Acme Fill. The gas can be produced for approximately ten years. Mr. Furniss also pointed out that should the District negotiate a contract, Getty Oil Company would guarantee a supply of fuel at all times. This is if for some reason the methane gas system did not function, they would deliver diesel fuel. This appears to be an interesting resource and still will give it further consideration. h. Mr. Dolan requested an executive session at the end of the meeting to discuss a potential litigation matter. 2. COUNSEL FOR THE DISTRICT a. Mr. Carniato requested an executive session at the end of the meeting to discuss a litigation matter. 3. SECRETARY None 4. COMMITTEES None IX. MATTERS FROM THE FLOOR a. Member Dalton distributed for Board review a draft of a resolution defining services rendered by Directors and compensation, and suggested that this be discussed at the next Board Meeting. At 10:06 p.m., President Carlson declared a recess. At 10:11 p.m., President Carlson reconvened the meeting and declared an executive session to discuss a litigation matter and potential litigation matter. At 11:37 p.m., President Carlson closed the executive session and reconvened the meeting. X. ADJOURNMENT At 11:38 p.m., President Carlson adjourned the meeting. ~ President of the District Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED 0, (1 ù () ,,1,,""-""""", 0:;', o~