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,
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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:
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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.
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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.
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(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.
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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.
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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.
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XI.
ADJOURNMENT
At 11:03 p.m., President Campbell adjourned the meeting to October 29,
1981.
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resident of the District Board of the
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
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