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HomeMy WebLinkAboutBOARD MINUTES 02-05-81 1848 MINUTES OF A REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON FEBRUARY 5, 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 February 5,1981. President Campbell called the meeting to order and requested the Secretary to call roll. I. ROLL CALL PRESENT: Members: ABSENT: Members: Carlson, Boneysteele, Dalton, Stanley and Campbell None II. APPROVAL OF MINUTES 1. MINUTES OF THE MEETING OF DECEMBER 18,1980 It was moved by Member Boneysteele, seconded by Member Carlson, that the minutes of December 18,1980 be approved as presented. Motion was unanimously approved. I I I. EXPENDITURES Members Boneysteele and Dalton, members of the Budget and Finance Committee,stated that they had reviewed the expenditures and found them to be satisfactory. After discussion, it was moved by Member Boneysteele, seconded by Member Dalton, that Running Expense Warrant Nos. 14248-14429 and Sewer Construction Warrant Nos. 1325-1339 be approved. Motion was unanimously approved. IV. HEARINGS 1. PUBLIC HEARING CONCERNING PROPOSED SEWER LINE EXTENSION IN THE LAKE ORINDA HIGHLANDS AREA OF ORINDA, DRAFT EIR (DOS OSOS/ALTA VISTA) President Campbell requested that those individuals desiring to address the issue, submit a request form to the District Secretary. He then introduced Mr. Roger Dolan, General Manager-Chief Engineer (GM-CE), to comment on the Project. After a brief explanation by Mr. Dolan regarding the proposed sewer project, he introduced Mr. Malcolm Sproul (Seeman & Associates) to make a presentation concerning the draft EIR. Mr. Sproul summarized the contents of the report and pointed out that the focus of the EIR was determined by the District. He elaborated on the following significant potential impacts and mitigation measures proposed by the report. (1) Traffic and circulation traffic would be halted intermittently during trenching and installation of the sewer lines. It is recommended that construction activity be avoided during peak traffic hours and trenching be limited to amounts that could be completed in one day. All materials should be kept near to where they will be used and metal plates should be available to cover the trench. (2) There would be a short-term increase in noise levels resulting from the operation of heavy equipment. It is recommended that operation of construction equipment be limited to daytime working hours. (: \ " " " " ,... " " ~ Ii I1j ". (., ~,~ 1""\ ~ -....' .~, 1849 (3) Soil erosion hazards are possible where the sewer line extension would cross the three vacant lots. It is therefore recommended that the construction of the pipeline not occur when rain is forecast and that erosion control material be used. A soils engineer should inspect the trenching and determine any additional measures. (4) Trenching could cause injury or death to existing Oak trees or other tree life. Therefore, it is recommended that all material excavated from trench lines should be back filled or removed from the site. No fill should be permanently placed within the dripline of existing trees. (5) The Orinda Fire Protection District required the installation of a fire hydrant when the subject property was subdivided in 1963. This was never done. Therefore, they are recommending that a hydrant be installed as part of this project. Mr. Dolan requested Mr. Dennis Hall, staff Associate Engineer, to describe and comment on the project. Mr. Hall explained that the proposed sewer project would allow the construction of 3 new homes at the southern terminus of the project. In addition there are 5 vacant lots and 15 existing homes, which are presently on septic tank systems, that could ultimately connect to the proposed sewer line. The tributary area, which could be served by extensions of the sewer project, is located to the south and southwest of the project. It is estimated that there are 17 potential building sites and 11 existing homes on septic tanks in that tributary area. The total estimated direct connections that could be ultimately made to the project sewer and upstream extensions is 51. At 7:45 p.m., President Campbell opened the Public Hearing and requested that all public comments be focused on the Draft EIR and the adequacy of the information contained therein. The following individuals addressed the Board in regard to the Draft EI R. Mr. Ferd Voelker presented a summary memoranaumto the Board which concluded that the draft EIR was superficial, inadequate and erroneous in several important categories. Mr. Voelker pointed out that soil stability has been a critical problem in this area and the final EIR should include a comprehensive geotechnical subsurface investigation on all three routes. It appeared that the traffic survey did not include an on-site inspection. The on-site survey is necessary in order to determine the affects future induced growth would have on the road. It is believed that road failure has resulted due to trenching by PG&E a number of years ago. For this reason, it is requested that the Final EIR require a ten-year bond posted by the District for any landslides or earth erosion resulting from the sewer installation. Construction activity should be limited to daylight hours between 9:00 a.m., and 3:30 p.m. due to commuter traffic and any traffic delays due to construction should be limited to ten minutes in order to avoid congestion. Mr. Voelker mentioned that in the 1950's, three houses were destroyed by land slides in the area, which included a slide in area of the three lots proposed for development and in 1962, four houses slid on Alta Vista. In answer to Board query, Mr. Voelker replied that he felt the slides were caused as a result of heavy rains and not as a result of septic tanks. 02 (1 ::--.', R 1 > 1850 Mr. John Whitsett asked where the responsibility would lie should a slide occur as a result of this project. He also expressed concern over the fact that the District treatment plant is near maximum capacity and might not be able to provide sewer connections. In response to Mr. Whitsett's question, Mr. Jay McCoy, Collection System Engineering and Services Division Manager, explained that the contractor has a one-year responsibility for the project after completion, after which the project becomes the responsibility of the District. In answer to Mr. Whitsett's question regarding plant capacity, Mr. Dolan, GM-CE, explained that the District is currently expanding its treatment plant capacity. Annexation of the three single family lots has been approved in concept and he foresees no problems concerning their connection to the sewer. In answer to Board query, Mr. Carniato, District Counsel, advised that it would be inappropriate to include the District's responsibilities in the ErR. Mr. W. A. Ruhland submitted a statement in regard to Alternate Route Plan B, stating that the proposal contained in the EIR is inadvisable due to the past history of soil instability and dense vegetation in that area. Mr. Charles Triebel addressed the Board requesting clarification and expansion of some items contained in the EIR. Member Carlson stated that a soils report should be properly contained in the EIR. Mr. Thomas Lavin, project applicant, stated that the homes that are proposed to be built will be owner occupied. He indicated that he is aware of the existing problems relating to the proposed sewer project but without the sewer line, he will not be permitted to build his home. President Campbell read a letter from Mr. Fred Stitt favoring the installation of the sewer line as well as the development of the area. There being no further requests from the audience to make statements, President Campbell advised that anyone wishing to have their comments responded to in the Final EIR should submit their written comments to the District no later than February 10,1981. They will be forwarded to Mr. Sproul for inclusion in the Final EIR. At 8:35 p.m., President Campbell closed the hearing and advised that the Board is considerin9- approval or disapproval of the project after review and certification of the contents of the EIR at the next Board meeting of February 19, 1981. President Campbell asked if there were any requests to take items of business out of order. Mr. Don Risden, President of the Employees Association, requested that IIX PERSONNEL, Items 1 and 211 be taken out of order. There being no Board objections, President Campbell digressed from the order of the agenda to consider the requested item. Mr. Risden distributed copies of correspondence to the Board for review and read excerpts from the minutes of June 5,1980 wherein the Board directed staff to meet and confer with the Employees"Association for the purpose of establishing a policy and procedure for reclassifications, lateral transfers and related topics. He stated that he had been advised at a meeting with Mr. Dolan, GM-CE, that the meet and confer sessions dealing with this subject were closed. Furthermore, he stated that management is circumventing the IIRule of Fivell as shown in Chapter 4 of the District Code by holding an open promotional examination for IIfourll qualified District personnel. (\'~,"" t '"/' ;. (',,'} ~,) /' ,-, 81 1851 Mr. Dolan responded that in his meeting with Mr. Risden he did not say the meet and confer sessions on reclassifications, lateral transfers and "Rule of five" were closed. President Campbell stated that this personnel item, insofar as it relates to District's position on Meet and Confer sessions, together with litigation matters will be discussed in closed session at the end of the meeting. He then returned to the order of the agenda. V. CONSENT CALENDAR After discussion, it was moved by Member Carlson, seconded by Member Stanley, that Items 1 through 3 be adopted and their recording authorized. 1. Acceptance of the following easements at no cost to the District: Grantee Area Job No. Parcel No. Res No. a. Technical Equitites Alamo 3471 2 81-19 Corp. Inc. b. A. Gonsios, et ux Lafayette 3296 1 81-20 c. The Crow Canyon San Ramon 3257 4 81-21 Group d. F. A. Lawrence, Walnut Crk 332 1 81-22 2. Resolution No. 81-23. A resolution authorizing the execution of Agreement Relating to Real Property with Kelly K. Jay, et ux, Job 1373, Parcel 3. 3. Resolution No. 81-24. A resolution authorizing payment of $2,300 to Kim Abbott for Grant of Easement, DSP 2695, Parcel 5, Walnut Creek area. Motion was unanimously approved. VI. ADMINISTRATIVE 1. CONSIDER AMENDMENTS TO METCALF & EDDY (M&E) CONTRACTS: a. APPROVE AMENDMENT NO.4 TO THE TASK A AGREEMENT WITH M&E, INCREASING THE COST CEILING FOR DEFINITION OF SCOPE OF STAGE 5A PROJECT CORRECTIONS, BY $58,116 b. APPROVE AMENDMENT NO.2 TO THE TASK B AGREEMENT WITH M&E, INCREASING THE COST CEILING FOR DEFINITION OF SCOPE FOR COMPLETION OF DESIGN OF THE STAGE 5B-I PROJECT BY $6:834 APPROVE AMENDMENT NO.2 TO THE TASK C/D AGREEMENT WITH M&E, INCREASING THE COST CEILING FOR DEFINITION OF SCOPE OF ALTERNATIVE RECLAMATION STRATEGIES, BY $5,030 c. Mr. Dolan, GM-CE, explained that as a result of additional deficiencies identified in the 5A-Contract, further review of the 5B-I design, and preparation of a cost analysis of alternative sludge handling systems as a part of the definition of scope, it becomes necessary to increase the cost ceiling of the task agreements with Metcalf & Eddy. After Board discussion, it was moved by Member Dalton, seconded by Member Carlson, that the President be authorized to execute Amendement No.4 to the Task A Agreement with Metcalf & Eddy and that the cost ceiling for the Definition of Scope of the Stage 5A Corrections be increased by $58,116; authorize execution of Amendment No.2 to the Task B Agreement with Metcalf & Eddy and that the cost ceiling for the Definition of Scope for Completion of the Stage 5B, Phase I Project be increased by $6,834; and authorize execution of Amendment No.2 to the Task C and D Agreement with Metcalf & Eddy and that the cost ceiling for the definition of scope of alternative reclamation strategies be increased by $5,030. Motion was unanimously approved. 02 ': " ,..' t ; ':""\ ~, (." ," .." ,-"" ' ...) 1 1852 VI I. BUDGET AND FINANCE 1. APPROVAL OF BILLS FOR LITIGATION SERVICES After discussion, it was moved by Member Carlson, seconded by Member Boneysteele, that the statements from John J. Carniato, District Counsel, for services rendered relative to Acme Fill Corporation condemnation, Caltrans, Higby Wrongful Death Claim, Kaiser Industries and Contra Costa County Water District/Alum Sludge matters and statements for services rendered and accrued payables relative to Acme Fill Corporation Damage Claim, Fred J. Early, Jr. Company, East Bay Municipal Utility District and Peterson/Simpson matters be approved. Motion was unanimous1y approved. APPROVAL OF 1980-81 BUDGET FOR THE CONSTRUCTION SERVICES DIVISION 2. Mr. Don Risden, President of the Emloyees Association, requested that this item be deferred to the next Board meeting because the position paper and backup material were received too late for review. After Board and staff discussion, it was the consensus of the Board that this item be discussed in closed session at the end of the meeting. VII I. CAPITAL IMPROVEMENTS 1. APPROVE PLANS AND PROJECT MANUAL AND AUTHORIZE ADVERTISING FOR BIDS FOR DSP 3474, TREATMENT PLANT NORTH PARKING LOT AND ACCESS ROAD MODIFICATION Mr. Dolan, GM-CE, explained that this project is necessary to clear the area for construction of the new Office Building and will provide a new access road into the Treatment Plant and create additional private vehicle parking outside the fenced area. Discussion followed wherein Member Carlson commented that the wet season is the worst time of the year for paving and could result in additional costs. He made suggestions regarding subsurface preparation. Mr. McCoy, Collection System Engineering Services Division Manager, stated that he would investigate the subsurface preparation prior to advertising for bids. After further discussion, it was moved by Member Dalton, seconded by Member Carlson, that the plans and project manual for DSP 3474, ' Treatment Plant North Parking Lot and Access Road Modification, be approved and authorize advertising for bids. Motion was unanimously approved. AUTHORIZE $18,000 FROM SEWER CONSTRUCTION FUND FOR PURCHASE OF REPLACEMENT DISSOLVED OXYGEN PROBES 2. After explanation by Mr. Dolan, GM-CE, it was moved by Member Carlson, seconded by Member Stanley, to authorize $18,000 from Sewer Construction Fund for purchase of replacement dissolved oxygen probes. Motion was unanimously approved. AUTHORIZE $4,980 FOR THE PURCHASE OF THREE EMMET-100 METERS AND ONE GASTECK HS-80 METER 3. Mr. Dolan, GM-CE, explained that due to stricter guideline enforcement of Cal/OSHA requirements for confined space work, it is necessary to upgrade our confined space metering equipment for monitoring oxygen deficiency, combustible gases and hydrogen sulfide. After discussion, it was moved by Member Dalton, seconded by Member Boneysteele, that $4,980 be authorized from the Sewer Construction Fund for the purchase of three Emmet GGS-100 meters and one Gasteck HS-80 meter. Motion was unanimously approved. () ~:~; ""', ~ ì ; . '-' "« '.. j \:..) -~,. 1853 4. AUTHORIZE $80,700 FOR PREPARATION OF PLANS FOR DSP 3465, A WATERSHED TRUNK SEWER ALONG CAMINO TASSAJARA AND PLANS FOR DSP 3466, A WATERSHED TRUNK SEWER ALONG SYCAMORE VALLEY ROAD After explanation by Mr. Dolan, GM-CE, that this work in Watershed 35 South i s ~ei ng fi nanced by Bl ackhawk, it was moved by Member Dalton, - seconded by Member Stanley, to authorize $80,700 for preparation of plans for DSP 3465, a watershed trunk sewer along Camino Tassajara and plans for DSP 3466, a watershed trunk sewer along Sycamore Valley Road. Motion was unanimously approved. IX. REAL PROPERTY REVIEW LETTER FROM CONTRA COSTA COUNTY REGARDING SHARING OF TAX INCREMENT FOR NEWLY ANNEXED PROPERTIES 1. Board Members revi ewed the correspondence d,.ted January 16, 1981 from Mr. M. G. Wingett, County Administrator, commenting on the District Board's decision to defer action on new construction involving annexation to Central San. Member Dalton suggested that the District should consider a single annexation of all the properties between its existing boundary and its sphere of influence. Mr. Dolan replied that it is a concept worth exploring due to fiscal ramifications and major changes in direction. President Campbell requested that this matter be placed on a future agenda for further discussion. 2. CONSIDER AUTHORIZATION FOR PA 80-49 DANVILLE AREA, PA 81-1 DANVILLE AREA, PA 81-2 DANVILLE AREA AND PA 81-3 WALNUT CREEK AREA TO BE INCLUDED IN THE NEXT FORMAL ANNEXATION TO THE DISTRICT It was the consensus of the Board to defer this item to the meeting of March 5,1981. 3. AUTHORIZE PA 81-4 (DANVILLE AREA) TO BE INCLUDED IN THE NEXT FORMAL ANNEXATION TO THE DISTRICT Mr. Dolan, GM-CE, advised that the septic tank on this parcel is failing and therefore recommended that the request for annexation to the District be approved. It was moved by Member Stanley, seconded by Member Dalton, that authorization to include PA 81-4 (Danville area) in the next formal annexation to the District be approved. Motion was unanimously approved. X. PERSONNEL L AUTHORIZE A PROMOTIONAL EXAMINATION FOR FOUR QUALIFIED DISTRICT EMPLOYEES FOR THE POSITION OF CONSTRUCTION INSPECTOR Mr. Dolan, GM-CE, explained that while the proposed action is inconsistent with the specific language of the code, this action would be consistent with a proposed modification to the code which is undergoing the meet and confer process. The proposed language would provide for promotional exams when there are fewer than 5 candidates when the Board believes it is in the best public interest to do so. Mr. Risden, President of the Employees Association, was recognized and he addressed the Board stating that in checking with other agencies, it was found that the IIRule of 511 was impractical and can show possible favoritism. He requested that the record indicate- that the Employees' Association supports the adoption of a IIRule of 311 and that the Association is against the holding of the promotional examination for the four candidates until questions concerning the policy are resolved. After Board and staff discussion, it was moved by Member Carlson, seconded by Member Stanley, that authorization to hold a closed promotional examination for the position of Construction Inspector with only four qualified District employees be approved. Motion was unanimously approved. 02 ()5 81 1854 2. AUTHORIZE CERTAIN ORGANIZATIONAL CHANGES, ELIMINATE AND CREATE CERTAIN POSITIONS, ADOPT CLASS DESCRIPTIONS, APPOINT, RECLASSIFY AND TRANSFER CERTAIN EMPLOYEES TO NEW POSITIONS This item will be discussed in closed session at the end of the meeting prior to taking action. XI. ITEMS LATE FOR THE AGENDA None XI I. INFORMATION 1. MEMORANDUM FROM CONTRA COSTA COUNTY REGARDING PROPOSED RECYCLING CENTER Mr. James Coe, Sr. Engineer, explained that Contra Costa County has submitted a grant application to the State Solid Waste Management Board for development of a phased recycling center to serve the North-Central portion of this County. The County is requesting Central San's endorsement of the Phase I recycling grant and participation in discussions concerning development of future phases of the recycling program. After discussion, it was moved by Member Dalton, seconded by Member Boneysteele, that the District adopt a resolution endorsing the Central Contra Costa County Recycling Program - Phase I and that the District will participate in discussions concerning development of the future phases of the program. Resolution No. 81-27. Motion was unanimously approved. XII I. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan reported that on January 28 an overflow occurred at the Martinez pump station as a result of a power failure. Standby generators for this pump station are being included in the pump station design. b. He advised that the Board would be receiving a Budget Status Report at the next Board meeting. c. He also directed the Board's attention to the Personnel Summary sheet dated February 4, 1981. POSITIONS BEING ADVERTISED Laboratory Technician (Temporary ) POSITIONS BEING TESTED Plant Attendant (Written Exam, Saturday, January 24, 1981) (Oral Exam, Tuesday, February 10, 1981) Maintenance Crew Leader (Written Exam, Wednesday, January 7, 1981) (Oral Exam, Thursday, January 22, 1981) Construction Equipment Operator (Written Exam, Monday, December 29, 1980) (Practical-Oral Exam, Saturday, January 17, 1981) ELIGIBILITY LISTS ESTABLISHED Maintenance Crew Leader Construction Eqùipment Operator 0 ,2. f) ;j 81 1855 PERSONNEL CHANGES Permanent Appointment JOYE FUKUDA, Associate Engineer (Environmental), Range 77C, $2634, Effective 1/12/81, new hire. Provisional Appointment DOUGLAS NEUFELD, Construction Inspector, Range 67B, $2176 Temporary Appointment JARRED MIYAMOTO-MILLS, Associate Engineer (Environmental), effective 2/2/81, new hire Termination SIDNEY MILLER, Solids Conditioning Supervisor, resigned 1/20/81 d. Mr. Dolan requested a closed session at the end of the meeting to discuss personnel matters. 2. COUNSEL FOR THE DISTRICT Mr. Carniato stated that he would give his report in closed session. 3. SECRETARY Mr. Hopkins asked if mail addressed to the Board members should be forwarded immediately or hel d until such time of the next hand del i very. It was the consensus of the Board that the Secretary exercise his judgment in this matter according to the importance of the material. 4. COMMITTEES Member Boneysteele reported that he did not attend the last ABAG meeting. There were no items pertaining to District business. XIV. MATTERS FROM THE FLOOR a. Mr. Don Risden, President of the Employees Association, addressed the Board regarding the issue of long-term disability. He stated that letter dated January 27, 1981 was sent to the Board members explaining existing problems. President Campbell acknowledged receipt of the correspondence and advised that the matter would be discussed in closed session. b. Mrs. Molly Mullin, District Employee, addressed the Board expressing concerns in regard to the personnel actions taken earlier in the agenda, which she regards as inconsistencies in the recruitment and testing procedures of the District Code. At 9:58 p.m., President Campbell recessed the meeting for a 5 minute break. At 10:05 p.m., President Campbell reconvened the meeting and declared a Closed Session. xv. CLOSED SESSION The closed session was held in the General Manager-Chief Engineer's office and was stated to be for the purpose of discussing personnel, budgetary matters relating to both personnel and litigation, and litigation matters. At 12:25 a.m., President Campbell concluded the closed session and reconvened the public meeting. 0, 2 .w .. - (J f~) 81 1856 As a result of discussion in closed session, the Board took the following actions. a. It was moved by Member Boneysteele, seconded by Member Dalton, that the staff recommendations 1 through 4 of item "VII. BUDGET AND FINANCE, 2. APPROVAL OF 1980-81 BUDGET FOR CONSTRUCTION SERVICES DIVISION" be approved as follows: (1) Adopt the Budget for Construction Services Division for Fiscal Year 1980-81. Resolution No. 81-25. (2) Create one permanent position of Clerk Typist I/II in the Construction Services Division. (3) Authorize Funding of the surplus positions through March 15, 1981 with the understanding that the actual work requirements of these positions will be completed considerably prior to that date. (4) Authorize Board representatives to meet and confer with Employees Association to develop the program for implementation of the reduction in force. It was the consensus of the Board that Item (5) be considered in Cl'ed Session Motion was unanimously approved. b. It was moved by Member Stanley, seconded by Member Carlson that staff recommendation under "X. PERSONNEL, 2. AUTHORIZE CERTAIN ORGANIZATIONAL CHANGES, ELIMINATE AND CREATE CERTAIN~OS1TJONS, ADOPT CLASS DESCRIPTIONS, APPOINT, RECLASSIFY AND TRANSFER CERTAIN EMPLOYEES TO NEW POS-InnNS"', be approved as follows: (1) Create the postions of: la. 1 b. 1 c. 1 d. Administrative Department Manager Deputy General Manager Senior Mechanical Engineer in Plant Operations Department Clerk Typist I/II in Special Projects Engineering Division (2) Eliminate position of Plant Operations Division Manager to be vacated by proposed appointment to higher position. (3) Adopt class descriptions for Administrative Department Manager, Deputy General Manager and Plant Operations Department Manader, Resolution No. 81-26. ' (4) Make the following personnel appointments: 4a. Appoint Mr. David G. Niles to the position of Deputy General Manager at a salary of $4,278 per month (including 2-1/2% for having 30 years in retirement plan). Resolution No. 81-28. 4b. Appoint Mr. Robert A. Baker to the position of Plant Operations Department Manager at a salary of $3,590. Resolution No. 81-29. Motion was unanimously approved. c. It was the consensus of the Board that the General Manager-Chief Engineer be authorized to take appropriate action on the following matters subject to Meeting and Conferring with the Employees' Association. (1) Adoption of class description for Senior Mechanical Engineer (2) Adoption of class description for Maintenance Engineer (3) Elimination of vacant position of Solids Conditioning Building Supervisor o~ 0"', ~.. 81. 1857 (4) Reclassification of the position of Civil Engineering Assistant II, Maintenance Engineer, R-77, (5) Transfer of a P.I. Clerk Typist to a new permanent position in the Special Projects Division. d. It was moved by Member Carlson, seconded by Member Stanley, that the law firm of Corbett, Kane and Berk be engaged as representatives of the Board for Meet and Confer Sessions. Motion was unanimously approved. e. It was moved by Member Stanley, seconded by Member Carlson, that the long-term disability program (1-5 year plan) as proposed by the Board representatives and the Employees' Association Wage and Benefit Committee be approved. Resolution No. 81-29A. Motion was unanimously approved. XVI. ADJOURNMENT At 12:28 a.m., President Campbell adjourned the meeting. P esident of the District Board of the entral Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: ~ Se ary of the strict Board of the Cen ral Contra Costa Sanitary District, County of Contra Costa, State of California 0 .") Ä.# o~' Rl "-' ,,'. ,