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HomeMy WebLinkAboutBOARD MINUTES 03-05-81 1866 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD MARCH 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 March 5,1981 at 7:30 p.m.~ President pro tem Stanley (appointed at the last regular meeting) called the meeting to order and requested the Secretary to call roll. I. ROLL CALL PRESENT: Members: ABSENT: Member: Carlson, Boneysteele, Dalton and Stanley Campbell President Campbell had indicated at a previous meeting that he would be unable to attend this meeting due to a conflicting business engagement. II. APPROVAL OF MINUTES MINUTES OF THE MEETING OF JANUARY 8,1981 1. The minutes of January 8, 1981 were approved as presented. III. EXPENDITURES Members Boneysteele and Dalton advised that they had reviewed the expenditures for March 5, 1981 and found them to be satisfactory. After discussion, it was moved by Member Boneysteele, seconded by Member Dalton, that Running Expense Warrant Nos. 14630-14833 and Sewer Construction Warrant Nos. 1347-1365, be approved. Motion carried by the fo 11 owi ng vote: AYES: Members: Carlson, Boneysteele, Dalton and Stanley NOES: Members: None ABSENT: Member: Campbell IV. CONSENT CALENDAR After discussion, it was moved by Member Boneysteele, seconded by Member Carlson, that items 1 through 3 be approved, adopt appropriate resolutions and authorize their recording where applicable. 1. Acceptance of easements at no cost to the District, adoption of respective resolutions and authorize recording. Grantee Area Job No. Parcel Res No. a. Ins. Assoc. of No. Calif. Walnut Crk b. Civic II Investors Walnut Crk c. W. E. Douglas, et ux Pleasant Hill d. Security Owners Corp. Martinez 3491 3491 3496 3488 1 2 1 2 81-42 81-43 81-44 81-45 2. Authorize Quitclaim of easments within Lots 22 & 33, Subd. 4894, Danville area, Job 1712, Parcel 32, Resolution Nos. 81-46 and 81-47 Authorize $1,200 for aerial photographs to complete mapping of Kiewit Property. 3. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Carlson, Boneysteele, Dalton and Stanley Members: None Members: Campbell OC,-~ ':..}' .-, f'" (J f..)" 8] 1867 03 V. ADMINISTRATIVE 1. APPROVE AGREEMENT WITH CONTRA COSTA COUNTY WATER DISTRICT FOR FURNISHING WATER CONSUMPTION INFORMATION After explanation by Mr. Dolan, GM-CE, it was moved by Member Dalton, seconded by Member Boneysteele, that the agreement with Contra Costa County Water District for furnishing water consumption information concerning non-residential customers for the purpose of computing Central San's environmental quality charges, be approved and that the President and Secretary of the District be authorized to execute said agreement. 2. CONSIDER AUTHORIZATION FOR PA 81-5 TO BE INCLUDED IN NEXT FORMAL ANNEXATION TO THE DISTRICT Mr. Dolan, GM-CE, informed that Central San, along with other affected agencies, has submitted a letter to the County outlining its position in regard to sharing of tax increments. To date, the County has not replied or given any evaluation to the submitted proposal. Discussion followed wherein the Board suggested that applicants requesting annexation should be advised of the existing situation with the County and that the District should enlist their support in resolving the tax issue. It was the consensus of the Board that any action on the pending annexations be deferred to the second Board meeting in Apri 1. Mr. Dolan indicated to the Board that a letter will be sent to the applicants explaining the reason why the annexation process is being delayed and he will be holding a meeting with the County in mid March to discuss the tax sharing problem. 3. ACCEPT 1980 ANNUAL SELF-MONITORING PROGRAM REPORT Mr. Dolan, GM-CE, explained that the report indicates that all effluent requirements for 1980 have been met with the exception of 15 non-zero chlorine residual tests. After further discussion, it was moved by Member Carlson, seconded by Member Dalton, that the Board of Directors accept the 1980 Annual Self- Monitoring Program Report. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Carlson, Boneysteele, Dalton and Stanley None Campbell 4. ADOPT A RESOLUTION ESTABLISHING A NEW ORDER OF BUSINESS FOR DISTRICT BOARD MEETINGS Mr. Hopkins, Secretary of the District, advised that it has become apparent that additional headings are needed on the Board Agenda in order to properly categorize items of business. Therefore, staff is proposing to add three additional heading. items entitled ENGINEERING, WATER POLLUTION CONTROL PLANT and COLLECTION SYSTEM. After discussion, it was moved by Member Boneysteele, seconded by Member Carlson, that a resolution establishing a new order of business for District Board meetings be adopted. Resolution No. 81-48. Motion carried by the following vote: AYES: NOES: ABSENT: Carlson, Boneysteele, Dalton and Stanley None Campbell Members: Members: Member: ( ,,1," .... , t 0. t ~ ,. 186ß VI. BUDGET AND FINANCE 1. APPROVAL OF BILL FOR LITIGATION SERVICES (CROSBY, HEAFEY, ROACH & MAY) Mr. Dolan, GM-CE, requested that this item be discussed in closed session prior to Board action. Board members voiced no objection to the request. VI I. CAPITAL IMPROVEMENTS 1. APPROVE AGREEMENT WITH WASTE & WATER INTERNATIONAL FOR ENGINEERING SERVICES FOR RENOVATION OF DISTRICT PUMPING STATIONS DSP 3431 & 3433, AUTHORIZE EXECUTION OF THE AGREEMENT AND AUTHORIZE $54,300 FOR COST OF ENGINEERING Mr. Dolan, GM-CE, advised that proposals have been received from several engineering firms for engineering services necessary for renovation work at the Lower Orinda and Martinez Sewerage Pumping Stations. Mr. Jay McCoy, Collection System Engineering and Services Division Manager, has negotiated a contract with Waste and Water International for engineering services for the subject renovation projects, at a fixed lump sum cost of $48,300, which will not be exceeded unless the scope identified in the agreement is changed. The contract has been reviewed by District Counsel. The District's anticipated cost associated with the renovation projects will be $6,000. Total estimated cost of the entire renovation work is between $250,000-$350,000. After discussion, it was moved by Member Dalton, seconded by Member Boneysteele, to approve the agreemrènt with Waste and Water International for engineering services for renovation of District Pumping Stations, DSP 3431 and DSP 3433, and that the President and Secretary be authorized to execute said agreement and that $54,300 be authorized for Engineering costs relating to the pump station renovation work. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Carlson, Boneysteele, Dalton and Stanley Members: None Member: Campbell 2. APPROVE SOLIDS CONDITIONING BUILDING REPAIRS, PROJECT 3330-PHASE I Mr. Dolan, GM-CE, explained that as a result of the Boiler Room explosion in September 1979, extensive damage occurred to the west wall of the Solids Conditioning Building. Plans and specifications for necessary repair work have been completed with an estimated project cost of $100,000 and the project is ready to be advertised for bids. After discussion, it was moved by Member Dalton, seconded by Member Carlson, that the Secretary of the District be authorized to advertise for and accept bids for Project No. 3330, Solids Conditioning Building Repairs, Phase I. Motion carried by the following vote: AYES: Members: Carlson, Boneysteele, Dalton and Stanley NOES: Members: None ABSENT: Member: Campbell VI I I. REAL PROPERTY 1. AUTHORIZE EXECUTION OF RIGHT OF WAY CONTRACT - STATE HIGHWAY WITH CALTRANS FOR FRONTAGE ROAD ACROSS PLANT SITE After explanation by Mr. Dolan, GM-CE, and Board discussion, it was moved by Member Dalton, seconded by Member Boneysteele, that the President and Secretary be authorized to execute a Right of Way Contract-State ()O,".' ","<; - ".,-,' O~"" ~;..,/ 81 -, .'" --,-- --,----,-,-,--------,-------~-' 1869 Highway with the State of California, Department of Transportation, and a Grant Deed for the Frontage Road across the District's Treatment Plant site and a resolution adopted to that effect. Resolution No. 81-49. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Carlson, Boneysteele, Dalton and Stanley None Campbell IX. PERSONNEL 1. APPROVE ACTIONS CONCERNING REDUCTIONS IN WORK FORCE OF LITIGATION SUPPORT UNIT OF CONSTRUCTION SERVICES DIVISION PURSUANT TO BOARD ACTION OF FEBRUARY 5, 1981 Mr. Dolan, GM-CE, explained that at the meeting of February 5, the Board authorized staff to meet and confer with the Employees Association concerning reduction of force in the litigation support unit. The authorized Board Representatives met and conferred with the Employees' Association and has made the following recommendations: 1. That Donal Gallagher, because of his seniority, be offered the one authorized Permanent-Intermittent Construction Technician (Claims Analyst) position. 2. That, the remaining three P.I. Construction Technician (Claims Analyst) positions be eliminated pursuant to adoption of the recommendation for staffing of the Construction Services Division and that the affected employees, Messrs. Peter Filipovich, Donald Risden and Eugene Mello be notified of their termination. 3. That, the position of P.I. Supervising Clerk Typist and six P. I. Clerk Typist II positions be eliminated, pursuant to adoption of the recommendations for staffing of the Construction Services Division, and it is recommended that Ms. Baumgartner and Ms. Cappucini, the two most senior members of the affected clerical support group, be offered the currently vacant permanent Clerk Typist II positions at the District, that Ms. Cappucini retain her current level of compensation; and that Ms. Baumgartner be offered the E salary step of the range applicable to the Clerk Typist II classification. r1s. Sweeney be offered a temporary Clerk Typist I/II position in the Collection Systems Operations Department at an hourly rate equivalent to her current level of salary compensation; and that Ms. Gerber and Ms. Page be offered temporary clerical appointments at an hourly rate of $5.50. These two positions are currently occupied by seasonal help employees. 4. Subsequent to Board action, each employee should receive an executed copy of the letter of notification. 5. Pursuant to the meet and confer meetings concerning the effects of the layoff, the authorized Board representatives also recommend that the District offer any current or future temporary appointments to affected employees if they meet the qualification and experience requirements of the position. This recommendation exceeds the District's obligation to offer employment to laid off employees pursuant to District Code Section 4-502. President pro tem Stanley asked if there were any questions from the Board. There were none. He then asked for any questions from the audience. Mr. Don Risden, President of the Employees' Association, addressed the Board stating that under the Meyers-Milias-Brown Act, it is required that a notice be given to the Employees' Association on any fixed budget item. No such notice was given to the Employees' Association. Therefore, the Board action of February 5, 1981 was illegally drawn. ()~ " .... , ...." t .~ '"' ;,; ~ " ..'~ '" }~~ " 1870 It was the consensus of the Board that a closed session be held at the end of the meeting to further discuss the matter. x. ITEMS LATE FOR THE AGENDA APPOINTMENT OF THE FIRM OF CORBETT KANE & BERK TO REPRESENT THE DISTRICT IN PERSONNEL MATTERS 1. After explanation by Mr. Dolan, GM-CE, it was moved by Member Carlson, seconded by Member Dalton, that the firm of Corbett Kane & Berk be appointed to serve as Special Counsel to the District to represent the District in personnel related matters and to act as authorized District Board representatives in meet and confer sessions with the Employees' Association and that a resolution be adopted to that effect. Resolution No. 81-50. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Carlson, Boneysteele, Dalton and Stanley None Campbell 2. BOARD AUTHORIZATION TO PROVIDE LIFE INSURANCE COVERAGE FOR THE MANAGEMENT GROUP EQUAL TO TWO TIMES THEIR ANNUAL SALARY Mr. Dolan, GM-CE, explained that in light of the adjusted life insurance plan for District non-management employees, the managers are requesting that the life insurance coverage for the management group be modified to equal twice the management employees annual salary. Mr. Dolan asked that if granted by the Board, this benefit be extended to cover the District Counsel and General Manager-Chief Engineer. After discussion, it was moved by Member Boneysteele, seconded by Member Carlson, that a resolution be adopted modifying the life insurance benefit for the management group, District Counsel and General Manager- Chief Engineer to increase individual coverage to an amount equal to twice their annual salary, with the understanding that each person will be liable for income tax on the amount of premium paid for their respective coverage in excess of the amount required to purchase $50,000 (legal limit) coverage. Resolution No. 81-51. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Carlson, Boneysteele, Dalton and Stanley None Campbell 3. LETTER FROM EMPLOYEES' ASSOCIATION REGARDING OXICON STUDY The Employees' Association has requested a Meet and Confer session to discuss the Oxicon Study relating to personnel. Mr. Carniato, District Counsel, advised that it would be inappropriate to meet and confer on this item until the report is received from Oxicon and reviewed by the Board. Mr. Risden, President of the Employees' Association, commented that this is another item on which the Board has been unresponsive. Member Carlson replied that he did not appreciate the remark and that it has been stated in open session by District Counsel that the report has not been received. XI. INFORMATION 1. LETTER FROM DARRELL G. JENSEN, RETIRED EMPLOYEE Board Members reviewed Mr. Jensen's request that the District's dental plan, which was adopted in 1973, be expanded to include employees who retired previous to that date. Board members requested staff to check into the matter. 03 1"" e U~J 81 1871 2. LETTER FROM D. W. YOUNG, PROJECT 3272 Board Members reviewed the correspondence from D. W. Young Construction, Co., Inc. concerning Project 3272. Mr. Carniato advised that EPA had taken an action with rega~d to D. W. Young's protest of the rejection of all bids for constructlon of the project. He indicated that he would provide the Board with a written report explaining the action and citing the reasons and appurtenant facts. He suggested that the matter be considered the second meeting in March. XI I. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan advised that the Kennedy/Jenks Report regarding chlorination and dechlorination safety was scheduled to be placed on this meeting's agenda. However, the item was held over pending investigation of a new alternative in the chlorination process developed by the Plant Operations Department. Staff has requested Kennedy/Jenks to conduct an investigation and incorporate the findings in their report. b. Staff has received a request for a garbage rate increase with an effective date of April 1, 1981, from Valley Disposal, Lafayette Disposal and Diablo Disposal companies. Orinda/Moraga Disposal Company will also be submitting a request for rate increases with the same effective date. Due to the time frame involved in reviewing the requests, it is probable that it will be necessary to engage an outside firm to prepare an analysis of the proposed rate increases. c. Mr. Dolan advised that Dr. Weddle, Deputy Engineer, and Mr. John Larson, Sr. Engineer, will be meeting with Wegman Engineers in New York City to inspect a garbage to energy project. He indicated that it would be appropriate to have them also inspect one or two phostrip plants at that time if arrangements can be made. - 2. COUNSEL FOR THE DISTRICT a. Mr. Carniato advised that he would be discussing the Olafson Condemnation at the adjourned meeting of March 9, 1981. b. Mr. Carniato advised that Valley, Diablo and Lafayette, Disposal companies propose to combine into a single franchise. He will discuss the effect such a merger would have on the garbage rates at a future meeting. 3. SECRETARY None 4. COMMITTEES None XII I. MATTERS FROM THE FLOOR a. Mr. Don Risden, President of the Employees Association, asked if the Board Meeting on March 9, would be held in open session. Mr. Carniato, District Counsel, replied that the adjourned meeting scheduled for March 9, is an open meeting, but it is basically called for the purpose of discussing matters pertaining to litigation which will be conducted in closed session. The subject of the Olafson condemnation would be discussed in open session. O~} (;5 81. 1872 XIV. CLOSED SESSION At 8:55 p.m., President Pro Tem Stanley stated that the Board was going into closed session to discuss the statement from Crosby, Heafey, Roach and May for litigation services, potential litigation, litigation and personnel matters and declared a closed session. At 9:50 p.m., President Pro Tem Stanley concluded the closed session and reconvened in open session. Mr. Carniato reported that the Board in closed session discussed litigation expenses and methods of review, personnel matters in terms of reduction of the work force in the Litigation Support Unit, and Mr. Ken Barker, Construction Division Manager, discussed an item pertaining to potential litigation. It was moved by Member Boneysteele, seconded by Member Carlson, that the statement from Crosby, Heafey, Roach and May for litigation services in the Peterson/Simpson vs. CCCSD matters be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Carlson, Boneysteele, Dalton and Stanley None Campbell It was moved by Member Carlson, seconded by Member Boneysteele, that the staff recommendation regarding reductions in the work force of the litigation support unit of the Construction Services Division pursuant to the Board Action of February 5, 1981 be approved as follows: 1. Donal Gallagher, because of his seniority, be offered the one authorized Permanent-Intermittent Construction Technician (Claims Analyst) position. 2. The remaining three Permanent-Intermittent Construction Technician (Claims Analyst) positions be eliminated pursuant to adoption of the recommendation for staffing of the Construction Services Division and that Messrs. Peter Filipovich, Donald Risden and Eugene Mello be notified of their termination. 3. The position of Permanent-Intermittent Supervising Clerk Typist and six Permanent Intermittent Clerk Typist II positions be eliminated, pursuant to adoption of the recommendations for staffing of the Construction Services Division, and it is recommended that Ms. Baumgartner and Ms. Cappucini, the two most senior members of the affected clerical support group, be offered the currently vacant permanent Clerk Typist II positions at the District; that Ms. Cappucini retain her current level of compensation; and that Ms. Baumgartner be offered a salary at the E step of the salary range applicable to the Clerk Typist II classification. Ms. Sweeney be offered a temporary Clerk Typist I/II position in the Collection System Operation at an hourly rate equivalent to her current level of salary compensation; and that Ms. Gerber and Ms. Page be offered temporary appointment to clerical position currently occupied by seasonal help employees, at an hourly rate of $5.50. 4. Subsequent to Board action, each employee should receive an executed copy of the letter of notification. 5. Pursuant to meet and confer meetings concerning the effects of the layoff, the authorized Board representatives also recommend that the District offer any current or future temporary appointments to employees affected by this layoff if they meet the qualification and experience requirements of the position. This recommendation exceeds the District's obligation to offer employment to laid off employees as established by District Code Section 4-502. Motion carried by the following vote: AYES: Members: Carlson, Boneysteele, Dalton and Stanley NOES: Members: None ABSENT: Member: Campbell 03 () tj 8.1 1873 XV. ADJOURNMENT At 9:53 p.m., President Pro Tem Stanley adjourned the meeting to 7:30 p.m. on March 9, 1981. I' Pre dent Pro Tem of the istrict Board of the Central Contra sta Sanitary District, County of Co ra Costa, State of California COUNTERSIGNED: O'~ t.. 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