Loading...
HomeMy WebLinkAboutBOARD MINUTES 02-07-85 145 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON FEBRUARY 7, 1985 The Di strict Board of the Central Contra Costa Sanitary Di strict convened in a regular session at its regular place of meeting, 5019 Imhoff Pl ace, Marti nez, County of Contra Costa, State of Cal iforni a, at 7:30 p.m. on February 7,1985. President Boneysteele called the meeting to order and requested the Secretary call roll. I. ROLL CALL PRESENT: Members: Carlson, Dalton, Clausen, Boneysteele AB SENT: Members: Stanley President Boneysteele stated that Member Stanley had advised him he would be unable to attend this meeting and requested that he be excused. II. APPROVAL OF MINUTES 1. APPROV AL OF MINUTES OF J ANUAAY 17, 1985 It was moved by Member Cl ausen and seconded by Member Dal ton, that the minutes of January 17,1985 be approved with the following amendment: In Item XI. QOSED SESSION, the sentence, "At 8:55 p.m., President Boneysteel e decl ared the closed sassi on concerni ng 1 iti gati on and real property management negoti ati ons. ", was del eted from the fi rst paragraph and inserted as the first sentence in the last paragraph. There being no objections, the above motion was approved with Member Stanley being absent. III. EXPENDITURES 1. EXPENDITURE LIST DATED FEBRUARY 7, 1985 Presi dent Boneysteel e stated he and Member Dal ton, member of the Budget and Fi nance Committee, have rev i ewed the expenditures and found them to be satisfactory. It was moved by Member Dalton and seconded by Member Clausen, that the Expenditure List dated February 7, 1985, including Running Expense Warrant Nos. 17778-18069, Payroll Warrant Nos. 3003-3240, and Sewer Construction Warrant Nos. 2669-2719, be approved as presented. There being no objection, the motion was approved with Member Stanley being absent. IV. CONSENT CAL ENDAR It was moved by Member Dalton and seconded by Member Clausen, that the Consent Calendar, consisting of five items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resolution No. 85-005 accepting an easement at no cost to the District from PETER B. BEDFORD, et ux, Concord area (Job 4017, Parcel 2). 2. Resolution No. 85-006 accepting grant of easement from SHARON GRACE, Walnut Creek area (DSP 2695, Parcel 12). 3. Resol ution No. 85-007 accepti ng and authorizing execution of easement agreement with E~IN O. DeSILVA, Orinda area (Job 3991, Parcel 2). «12 ."", 07 ~'85 '. 146 4. Authorization for P.A. 85-4 (Walnut Creek) to be included in a future formal annexation to the District. 5. Received notification of CCCSD Employees' Association, Local No.1, election of officers for 1985 year. There bei ng no obj ect ion, Stanley being absent. the motion was approved with Member CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None V. ENGINEERING 1. ,AJJTHORIZE THE GENERAL MANAGER-ŒHEF ENGINEER TO EXEQJTE A CONTRACT WITH JOHN CAROLLO ENGINEERS FOR ENGINEERING SERV ICES FOR WATERSHED 33 TRUNK SEWER PREDESIGN, PROJ ECT NO. 3733 Mr. Roger J. Dolan, General Manager-Chief Engineer, advised that based on present anticipated growth projections, all of the Watershed 33 trunk sewer facilities should be in place by the year 2000. Portions of the proj ect need to be in pl ace by 1987. Funds for the predesi gn work were previously authorized by the Board. It was moved by Member Carlson and seconded by Member Clausen, that the General Manager-Chi ef Engi neer be authorized to execute a contract with John Carollo Engineers for engineering services for the Watershed 33 Trunk Sewer Predesign, Project No. 3733. Motion approved on the following roll call vote: AYES: Members: Carlson, Dalton, Clausen, Boneysteele NOES: Members: None ABSENT: Members: Stanl ey V I. WATER POLLUTION CONTROL PL ANT ,AJJTHORIZE $80,300 FROM SEWER CONSTRUCTION SEQJRITY AND LOSS PREVENTION MEASURES FU NDS FOR DISTRICT 1. Mr. Dolan, General Manager-Chief Engineer, advised that although this item appears under the Plant on the agenda, it is for District-wide security and loss prevention measures. The project resulted from a study authorized in 1983. An itemization of the recommended security improvements and a cost breakdown accompanies the position paper. Following discussion, it was moved by Member Carlson and seconded by Member Dalton, that $80,300 from Sewer Construction Funds be authorized for District security and loss prevention measures. Motion approved on the following roll call vote: AYES: Members: Carlson, Dalton, Clausen, Boneysteele NOES: Members: None ABSENT: Members: Stanley VII. BUDGET AND FINANCE 1. RECEIVE 1984-1985 SIX MONTH 0 & M BUDGET REVIEW Mr. Dol an, General Manager-Ch ief Engi neer, stated that at the time the 1984-1985 budget was prepared last year, there were a number of major uncerta i nt i es in important areas. Some of these i ncl uded gas consumption, labor and staffing commitments, start-up date and ash cl assification rel ative to the furnace project, pump station capital improvements, Proposition 36 legislation, and weather uncertainties. In ,0,2 ~ ~ ,~~'. 0.7 '.. (.-., ~ 85 , ..' > " 147 the first six months of the year all these uncertainties have worked out to the advantage of the District. Other factors unknown at the time of budget preparation, that have impacted on the budget include the Outfall Project and salary savings resulting maintaining unfilled positions. It was moved by Member Dalton and seconded by Member Clausen, that the 1984-1985 Six Month 0 & M Budget Review be received. There being no objection, the motion was approved with Member Stanley being absent. VIII. REAL PROPERTY ADOPT RESOLUTION APPROV ING THE SALE OF THE UPPER ORINDA PUMP STATION PROPERTY, ASSESSOR'S NO. 262-300-002 1. Mr. Dolan, General Manager-Chief Engineer, commended Administrative Department Manager Paul Morsen, Purchasi ng and Materi als Officer Ken Laverty, and the entire District Property Team for their success in selling this property first declared surplus in 1977. It was moved by Member Carlson and seconded by Member Dalton, that the sale of the Upper Orinda Pump Station property, Assessor's No. 262-300-002, to Patrick Joy and Martha J. Joy be approved, that the Admi ni strative Department Manager be authorized to execute any and all documents of sale, and that Resolution No. 85-008 approving the sale and conditions thereof be adopted. Motion approved on the following roll call vote: AYES: Members: Carl son, Dalton, Cl ausen, Boney steel e NOES: Member s: None ABSENT: Members: Stanl ey ADOPTED RESOLUTION WHIŒI DEQARES LOT 12, BLOCK E, ORINDA OAKS PROPERTY SURPLUS AND ,AJJTHORIZE ITS SALE THROUGH A REAL ESTATE BROKER 2. Mr. Paul Morsen, Administrative Department Manager, voiced his will i ngness to answer any quest ions of the Board at th is time but requested that the Board delay taking action until after closed session. Presi dent Boneysteel e deferred acti on pendi ng concl usi on of closed sessi on. IX. PERSONNEL 1. REVIEW AND APPROVE DISTRICT QASSIFlCATION SlUDY PART II; DELETE QASS DESCRIPTION, REQASSIFY POSITION; AND ESTABLISH NB'I SALARY RANG ES Following presentation by Mr. Dolan, General Manager-Chief Engineer, and discussion by Members of the Board, action on this item was deferred pending conclusion of closed session. X. ITEMS LATE FOR THE ,6GENDA 1. REQUEST OF MR. KENNETH BARKER TO ADDRESS THE BOARD Mr. Kenneth Barker addressed the Board of Directors. The first item rai sed by Mr. Barker concerned a position paper dated November 21, 1981 relative to calendaring requests from the public to address the Board of Di rectors. Mr. Barker stated that thi s position paper overlooks items that are on the agenda. Mr. Barker requested that the Board rescind this position. Member Carlson stated that this policy was established to provide an orderly manner for matters on the agenda and provide a manner in which the public could add to the agenda and allow input by Board and staff. The Board does not feel that this was intended to prohibit members of the public from commenting on items on the agenda. (),2 07 8';5 148 Mr. Barker asked that if there was something on the agenda tonight on which he wished to address the Board, would he be free to do so? President Boneysteele indicated that he would. The second item Mr. Barker raised was relative to a position paper dated December 27, 1984 which appeared on the Consent Cal endar. The position paper was entitl ed "Accept the contract for construction of Chlorine and Sulfur Dioxide Facilities Improvements (Project 3660) and authorize the filing of the notice of compl etion." Mr. Barker objected to the fact that no questions were asked by the Board rel ative to thi s paper. Mr. Barker stated that thi s was shall ow, superficial, and indicated nonexistent scrutiny of expenditure of public funds. Board Members shoul d have asked questions concerni ng the status of the proj ect. Mr. Barker stated that if the Board was doing their jobs and paying attention, more questions should have been asked. Mr. Barker recommended that all position papers and acceptances of work have some sort of routine language to alert the Board to problems. Member Dal ton stated that the Board i s kept adv i sed conti nually of proj ects as they progress. Mr. Barker stated that for reasonabl e monitori ng of these issues, the Board must know the budget, time schedul e, and if the project was workable. Mr. Barker stated that the District is spending millions of dollars on legal fees. Major construction contracts are still in liti gati on. There must be some method of controll i ng costs and telli ng if the project is on schedule. Member Dal ton stated that he spent 22 years doi ng what Mr. Barker sai d is not bei ng done. The Board, management and staff are worki ng to see that the job of decision making is properly done. Mr. Barker stated that this District has a history of litigation. The current procedure is just closing the barn after the horse is gone. It is common industry practice to receive this data systematically beforehand. Member Carlson stated that the District consults with experts in the contracting business and contracts with them. This organization is here to provide the service of collecting and treating sewage. Budgets and costs are well monitored and controlled and staff has done an excellent job in recent years. President Boneysteele requested that the General Manager-Chief Engineer review the position papers on notices of completion to determine if such an addition as Mr. Barker suggests is appropriate. With regard to number three in Mr. Barker's January 30,1985 letter, President Boneysteele indicated that the legal fees were approved by the Board on January 3, 1985 rather than January 4, 1985 as Mr. Barker indicated. Mr. Barker stated that at the Board meeti ng, the Board approved $54,000 in 1 egal fees. The Di stri ct has seven sets of attorneys. The authorization was moved and seconded without even a glance. No one is paying proper attention. Again this is superficial, shallow and nonexi stent scruti ny. The Di strict is becomi ng known as the Attorneys' Benevolent Association Capitol of Contra Costa County. Something is obviously wrong if seven sets of attorneys are needed. Mr. Barker stated that Items 3, 4, and 5 in his January 30, 1985 letter are somewhat interrelated and none were properly reviewed by the Board. Member Cl ausen stated that that is absol utel y not correct. Board Members go over litigation matters in closed session with their attorney lJS 0;7'86 149 before bills are paid. attorney. Mr. Campbell reviews all bills for every Mr. Barker stated that as a member of the public who pays the bills, he does not feel the Board is watching legal fees properly. Something is drastically wrong if seven sets of attorneys are needed. Mr. Barker stated with regard to selection and type of new counsel, since this is as much a litigation district as a sanitary district, he was interested in the lack of comment of the Board when the duties and selection of the new attorney were discussed. On the one hand if the attorney recommends settlement, there are no legal fees coming in for his private 1 aw office. Mr. Barker strongl y recommended that anyone taki ng that counsel position receive a good sal ary and that under no set of circumstances should he be allowed to do legal work for the District. Mr. Barker questioned the Board with regard to the duties of the new counsel. In particular, he inquired as to the Board's position on accepting legal advice, free or paid, from the District Counsel, on accepting lavish entertainment for themselves and their wives from counsel, and on any job contacts or association or dealings between any of the Board Members and the new counsel. In summary, Mr. Barker stated that there is a massive confl ict of interest. Mr. Barker stated that with respect to legal fees, we see a system of pointless authorizations of money. The District will always have a Risk Manager since it has been institutionalized. If more money is authorized for legal fees, more will be spent. Again this is shallow, superficial and nonexistent scrutiny of expenditure of public funds. No one is controlling these expenditures. Mr. Barker stated that with regard to the Carollo position paper dated January 14, 1985, that again the same problems are present. The District has learned nothing from previous actions. If you look at the position paper, the lines of authority are blurred. Mr. Barker stated he is trying to alert the Board that something is wrong. The same problems are being repeated. Mr. Barker thanked the Board for their time. President Boneysteele thanked Mr. Barker. XI. REPORTS 1. GENERAL MANPGER-CHIEF ENGINEER a. Mr. Dol an, General Manager-Chief Engi neer, reported that bi ds for the 5B Proj ect were opened today. Of the seven bi ds received, five were under the engineer's estimate. b. The Board is i nv ited to attend the reti rement 1 uncheon for Mr. Bob Hinkson, CSO Department Manager, on Wednesday, February 20,1985. 2. COUNSEL FOR THE DISTRICT None 3. SECRETARY OF THE DISTRICT None 4. BOARD MEMBERS a. President Boneysteele reported on the Landfill Project publ ic workshop held in Antioch on January 29,1985. b. President Boneysteele reported on the Solid Waste Management Workshop for Elected Officials which he attended on January 31,1985. ~~::~:., Otl~ 8.','5:, "'('~~ ... ,; , 150 XII. MATTERS FROM THE BOARD NOT ON THE PGENDA 1. RESOLUTION COMMENDING ROBERT OPERATIONS DEPARTMENT MANAGER H. HINKSON, COLLECTION SYSTEM It was moved by Member Dal ton and seconded by Members Carl son and Clausen, that staff be directed to prepare a resolution commending Robert H. Hinkson, CSO Department Manager, for his service to the District (Resolution No. 85-010). Motion approved on the following roll call vote: AYES: Members: Carl son, Dal ton, Cl ausen, Boney steel e NOES: Members: None ABSENT: Members: Stanl ey Member Cl ausen asked that Member Stanl ey' s name be added to the resolution on his request to do so. XIII. QOSED SESSION 1. INITIATION OF LITIGATION With respect to litigation, the closed session is being held pursuant to Government Code Section 54956.9(c), on the advice of Counsel based on existing facts and circumstances, the Board of Directors of the District has decided to initiate or is deciding whether to initiate litigation regarding the city of Concord. 2. REAL PROPERTY NEGOTIATIONS With respect to real property negotiations, the closed session is being held pursuant to Government Code Section 54956.8. The real property which the negotiations may concern is Lot 12, Block E, Orinda Oaks, Assessor's No. 264-075-015. Mr. Paul Morsen, the District's Negotiator, may nogotiate with all potential purchasers. 3. LABOR RELATIONS With respect to labor relations, the closed session is being held pursuant to Government Code Section 54957.6, to meet with designated representatives prior to and during consultations and discussions with the representatives of employee organizati ons regardi ng the sal ari es, salary schedules or compensation paid in the form of fringe benefits of employees in order to review its position and instruct its designated representatives. At 8:55 p.m., President Boneysteele declared the closed session concerning litigation, real property negotiations, and labor relations. At 10: 02 p. m., Presi dent Boney steel e concl uded the closed session and reconvened the meeting into open session. XIV. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION At this time, Item VIII, 2. REAL PROPERTY, and Item IX. PERSONNEL, deferred earlier in the meeting were considered. VIII. REAL PROPERTY ADOPT RESOLUTION WHICH DECLARES LOT 12, BLOCK E, ORINDA OAKS PROPERTY SURPLUS AND AUTHORIZE ITS SALE THROUGH A REAL ESTATE BROKER 2. It was moved by Member Carlson and seconded by Member Dalton, that the selling price of $75,000 be establ ished, that the Secretary be directed to enter that figure in Resolution No. 85-009, that Resolution No. 85-009 decl ari ng Lot 12, Block E, Ori nda Oaks property, Assessor's No. 264-075-015, surplus be adopted, and that the Administrative Department Manager be empowered to execute a contract with the real estate broker who will serve as the District's real estate broker in this matter. Motion approved on the following roll call vote: o'~ Or? '¡ 8-5 ; 151 AYES: Members: Carl son, Dalton, Cl ausen, Boneysteele NOES: Members: None ABSENT: Members: Stanl ey IX. PERSONNEL 1. REVIEW AND APPROVE DISTRICT QASSIFICATION STUDY PART II; DELETE CLASS DESCRIPTION, REQASSIFY POSITION; AND ESTABLISH NEW SALARY RANG ES It was moved by Member Carlson and seconded by Member Clausen, that: 1) 2) The class specification for Administrative Engineer be deleted; James Coe, Administrative Engineer, S-82, be retitled to Senior Engineer, $-82; 3) Sal ary range of C-60 be establ i shed classification, effective immediately; for the Printer 4) Sal ary range of G-64 be establ i shed for the Pumpi ng Stati on Operator II classification, effective February 1, 1985. For those Pumping Station Operator II's currently paid at the G-65 salary range, the District Board's representatives are directed to deal with this issue during meet and confer sessions with Public Employees' Local No.1; and the Ralph Andersen classification and compensation plan as summarized in Exhibit A of the position paper and the recommendations outlined above are approved. Motion approved on the following roll call vote: AYES: Members: Carl son, Dal ton, Cl ausen, Boney steel e NOES: Members: None ABSENT: Members: Stanl ey XV. ADJ OURNMENT At 10:05 p.m., President Boneysteele adjourned the meeting. COUNTERSIGNED: t: 1-02\ '07:: :85