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HomeMy WebLinkAboutBOARD MINUTES 04-15-99 70 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON APRIL 15, 1999 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on April 15, 1999. President Lucey called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Nejedly, Menesini, Hockett, Boneysteele, Lucey ABSENT: Members: None 2. PUBLIC COMMENTS Mr. Jim Calverese, Business Representative for Public Employees Union, Local One, addressed the Board stating that he would be taping his comments to the Board. Mr. Calverese continued by saying he represents the general employees at Central Contra Costa Sanitary District and that he will be making a few comments concerning the recent scurry about AB 1549 (Torlakson) which mandates ward elections of the District Board of Directors. This bill was originally instigated by employees here at the District and Local One. Mr. Calverese said that the bill is not to criticize this Board, management, or staff or any previous Boards or management. This is not about good will, it is about representative government. Mr. Calverese stated that there has been a change of attitude on the part of management, and Local One must assume it came from the Board. Mr. Calverese stated that this bill has resulted in a major setback in management and worker relations that is very alarming. The Union has worked very diligently under former General Manager-Chief Engineer Roger Dolan and current General Manager Charles Batts, and was looking forward to the continuation of this good and improving relationship. Mr. Calverese stated, let's not fight, let's find common ground, let's limit the need for arbitration. We were working more from the standpoint of how we make Central Contra Costa Sanitary District a better place to work and a better performing District. We do this through teamwork, when labor and management come together and seek out ways to improve the relationship and the way we work out problems. Since this bill was introdl.:ced, what was really working (having clear-the-air meetings), has all come to a screecÞ;ng halt and Local One must assume it comes from this Board. When management cancel~ meetings, local One knows the Board is ticked off. Mr. Calverese stated that he understands that and he understands politics. But when the Board brings its personal geography and problems into this District in a way that hampers the employees and the management of the District, the Board must put that aside. Mr. Calverese stated that the political geography may change or it may not, but he knows that the way the bill is written, the Board will write the districts (wards) and the Board knows a lot about gerrymandering. Mr. Calverese advised the Board not to let their feelings and attitude and dismay come in the way of the Board's management team doing a yeoman's job with the cooperation of the employees and the Union. Mr. Calverese stated that he knows that the Board is all men and women of good will. Mr. Calverese told the Board to do the salary survey and do it holding hands. Put the team back together and let the issue of Assembly Bill 1549 stand on its own. Mr. Calverese stated that he does not want to waste time fighting the Board over politics and geography. Let's back up a little bit and show some humility and strength and class. Mr. Kenton L. Aim, Counsel for the District, stated that the way AB 1549 is currently written, the districts (wards) can be either set by the Central Contra Costa Sanitary District Board by resolution or by the Legislature by statute. Mr. Calverese stated that Mr. Aim is right, but there are certain natural boundaries and we all know about gerrymandering. It will all come out in the wash. Mr. Calverese stated the Board should not make asses of themselves over something that looks like a better 04 15 90 ~ 71 form of government. It is like fighting motherhood and apple pie. The Board will come out with something on its face, not apples, but something you all know about. Member Boneysteele stated that he categorically denies that he has participated in any secret or open meeting where the Board has instructed the management to crank up hostility in any way toward the Union. Member Boneysteele stated that he has discussed this matter with other Directors and employees of the District very cursorily, not in detail. Member Boneysteele stated that when the Union points out that the District is neglecting one community in favor of another, it looks to him that it is directed to the three Directors who live within a one mile radius. At least two of those three Directors were asked to run by the Union. The Board has tried to represent the public and give recognition that the Union campaigned to get Directors elected. There is no great demand to get on this Board as recently witnessed when two Directors ran with no opposition. Member Boneysteele stated that the Board had vigorous negotiations with the Union, but he thought agreement was reached and work resumed. Member Boneysteele stated that District is now spending money not in Walnut Creek where three Directors live, but in South Orinda and Martinez where the problems are. The Board is trying to correct those problems because the Board sees its constituency as the District as a whole. Member Menesini underscored what Member Boneysteele said. Member Menesini stated that he and Member Boneysteele have often talked about the needs of the District. Member Menesini stated that as everyone knows, his interests center in Martinez but his interests are for the good of the District and not for one or another ward. This may come back to bite the Union. The Union does not know who will come on board. There are some good Board Members now with the interests of the District and the employees. The Union may get what it wishes and wish it had not. President Lucey stated that he thinks that this bill is very ill conceived and works against the voters of the District. Now if voters want to execute their right to vote for five separate people, they can. President Lucey stated that we do not need a Balkanization of this District. President Lucey stated that he happens to come from the "safest" ward; but nevertheless, that he feels the Balkanization is detrimental and he will fight it as hard as he can. Mr. Calverese stated that he understands, but the Board is putting their own faces on this bill. The bill has no faces on it. When the Board puts their faces on it and gets caught up in the throes of change, someone can get hurt. Mr. Calverese stated that the Board is assuming the Union is angry with the Board. That is not the case. Mr. Calverese stated that what he does not want to see is for the Board to interfere with the good relations. Mr. Calverese stated that he is not saying the Board is not warranted because it is. Mr. Calverese stated that the Board should not confuse the two. So the Board has its little political adrenalin going. Fine, so do others. Mr. Calverese stated that the Board should remember it has an obligation to run a smooth operation. Mr. Calverese stated that the Board can fight the bill, but should not interfere with smooth operations. Mr. Calverese stated that he wants to see the meetings begin again this month. He wants to see us working together again as a team. Mr. Calverese stated let's keep this separate. 3. AWARDS AND COMMENDATIONS a. PRESENTATION OF SAFETY SUGGESTION OF THE YEAR AWARD FOR 1998 TO MR. ROBERT HINKSON. PLANT OPERATOR III. PLANT OPERATIONS DEPARTMENT In the necessary absence of General Manager Charles W. Batts, Mr. Paul Morsen, Director of Administration, stated that Mr. Robert Hinkson, Plant Operator III, submitted the safety suggestion which was selected for the Safety Suggestion of the Year Award for 1998. Mr. Hinkson's suggestion was to move the filter plant sump pump switch to a position where the operator would not have to walk through an overflow if the pump needed to be operated to clear the sump. President Lucey presented the Safety Suggestion of the Year Award for 1998 to Mr. Robert Hinkson, Plant Operator III, and commended Mr. Hinkson for his attention to safety. President Lucey stated that this award could not be given at a more appropriate 04 15 99 72 time. As we have all just witnessed, it is imperative that none of us take safety for granted. 4. CONSENT CALENDAR It was moved by Member Boneysteele and seconded by Member Nejedly, that the Consent Calendar, consisting of Items a. through g., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. Resolution No. 99-040 accepting work and Offers of Dedication from William Costanzo, et ux, Job 5261, Parcel 2, Camino Ramon at Mission Place, Danville area, was adopted and recording was authorized. a. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: b. Boneysteele, Nejedly, Menesini, Hockett, Lucey None None Resolution No. 99-041 accepting work and Offers of Dedication from Jeffrey A. Momsen, et ux, Job 5326, Parcel 2, Reliez Valley Road, Lafayette area, was adopted and recording was authorized. Motion unanimously approved on the following vote: c. AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Nejedly, Menesini, Hockett, Lucey None None Grants of Easements for existing sanitary sewers serving the community of Rossmoor, DP 1001, Parcels 107, 108, 109, 110, 111, 113, 114, 115, 116, 117 A and B, and 118 A through E, were accepted; the President of the District Board of Directors and the Secretary of the District were authorized to execute and record said Grants of Easements; and Resolution Nos. 99-042.99-043.99-044.99-045.99-046.99-047. 99-048. 99-049. 99-050. 99-051. and 99-052 were adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Nejedly, Menesini, Hockett, Lucey None None Grant of Easement was accepted from the Mount Diablo Unified School District for sanitary sewer and recycled waterline purposes in connection with the Pleasant Hill Relief Interceptor and Recycled Water Pipeline Project, DP 4985; the President of the District Board of Directors and the Secretary of the District were authorized to accept and record said Grant of Easement; and Resolution No. 99-053 was adopted to that effect. d. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: 04 15 99 Boneysteele, Nejedly, Menesini, Hockett, Lucey None None 73 e. Authorization was given for P .A. 99-10 (Alamo) to be included in a future formal annexation to the District. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Nejedly, Menesini, Hockett, Lucey None None May 6, 1999 at 2:00 p.m. was established as the date and time for a public hearing on District Annexation 148 (Lawrence Road Phase 11), as approved by the Local Agency Formation Commission (LAFCO). f. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Nejedly, Menesini, Hockett, Lucey None None The attendance of Mr. Andrew J. Antkowiak, Associate Engineer, was authorized at the Decker Effective Communication Course in San Francisco, California, on May 13 and 14, 1999, at a cost of $1,200. g. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Nejedly, Menesini, Hockett, Lucey None None 5. HEARINGS CONDUCT A PUBLIC HEARING: ADOPT A RESOLUTION OVERRULING PROTESTS: ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION. ARTICLE XIIID. SECTION 4: ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT AND ORDERING IMPROVEMENT: AND AUTHORIZE EXECUTION OF AGREEMENT WITH CHARLES HILL CIRCLE AND HARTFORD ROAD PARCEL OWNERS IN CONJUNCTION WITH THE DEMONSTRATION PROJECT - CHARLES HILL CIRCLE CONTRACTUAL ASSESSMENT DISTRICT NO. 98-2. DP .5.3..QZ a. Mr. Morsen, Director of Administration, noted the amendment to Exhibit B of the Engineer's Report, showing assessments over ten years rather than twelve years. At 2:25 p.m., President Lucey opened the public hearing to announce the tabulation of ballots submitted by owners of each affected parcel and to receive comments on the demonstration project, Charles Hill Circle Contractual Assessment District (CAD) No. 98-2. Mr. Curt Swanson, Environmental Services Division Manager, stated that the Charles Hill Circle CAD No. 98-2 is in the Orinda area. The proposed project includes approximately 2,250 linear feet of 8-inch sewer main and eleven manholes. The project will serve twelve existing properties, all but one of which have existing homes presently relying on septic tanks. The total estimated cost of the project is $357,520. Mr. Swanson noted that this is the largest District CAD to date. Based on twelve participants and an interest rate of 6.75 percent, the estimated cost per participant is $29,793 or $4,145 annually for ten years. 04 99 15 74 Mr. Swanson announced the results of the balloting on Charles Hill Circle CAD No. 98-2. Twelve ballots were received. Eleven ballots were in favor of the proposed assessment and one ballot was opposed to the proposed assessment. Mr. Swanson noted that this is the first time an opposing vote has been received on a CAD. Participation is voluntary, so the costs have been recalculated based on eleven participants. The eleven participants were called and advised of the changed assessment amount. All eleven indicated they still wished to participate. Mr. Swanson stated that based on eleven participants, the estimated cost per participant is $32,501 or $4,522 annually for those who elect a ten- year payment period. Mr. Swanson stated that the Taylor property elected not to participate. They have recently installed a new septic tank and leach field system at a cost of $25,000 to $30,000 so their system is working now. They will have an opportunity to connect in the future. If they connect, they must pay the full cost plus interest at the time they connect. Mr. Peirce McKee, one of the homeowners, stated that it has been his pleasure to serve as the principal representative of the property owners. Mr. McKee commended District staff for their assistance through this process. Mr. McKee stated that he wished to discuss the addendum to the agreement proposed by one of the property owners, Mr. George Larry Engel. Mr. Kenton L. Aim, Counsel for the District, stated that when Mr. Engel, one of the eleven participants, signed the District agreement used for other CAD's, he signed it but subject to certain conditions. Mr. Aim stated that Mr. Engel's main concern is that the agreement is silent as to whether the homeowners who participant would have joint and several liability. Mr. Engel believes that language should be included that the liability of the homeowners would be several and not joint and several. Mr. Aim stated that he does not see this as eroding the District's position. Mr. Aim stated that other comments made by Mr. Engel more appropriately should be addressed by the homeowners when they are contracting with the contractor. If the Board goes forward today, the agreement could be modified to include some of Mr. Engel's comments. It would be necessary to have all the participants sign the new agreement however. The agreement could be approved in concept subject to staff or the President of the Board being satisfied that the final agreement is acceptable. Discussion followed with regard to the lengthy process involved in forming a CAD, modifications and improvements that have been made since the original CAD agreement was developed, and whether this matter should be put over or considered at this time. Following discussion, it was moved by Member Hockett and seconded by Member Nejedly, that Resolution No. 99-054 be adopted, overruling protests for the Demonstration Project - Charles Hill Circle CAD No. 98-2; that Resolution No. 99-055 be adopted, confirming compliance with California Constitution, Article XIIID, Section 4; that Resolution No. 99- Q..5.6. be adopt~d, approving the Engineer's Report as amended to reflect eleven participants and ordering improvement; and that legal counsel and staff be authorized to review the addendum proposed by Mr. George Larry Engel and modify the agreements as appropriate. Motion approved on the following roll call vote: AYES: Members: Hockett, Nejedly, Menesini, Boneysteele NOES: Members: Lucey ABSENT: Members: None President Lucey indicated that he voted no because he does not feel that changes should be made to the CAD agreement after the matter has been given to the Board for consideration. 6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 04 15 99 a. 75 7. REPORTS GENERAL MANAGER 1 ) Mr. Morsen, Director of Administration, introduced Mr. William E. Brennan, Capital Projects Division Manager, who provided an update on the Treatment Plant Seismic Upgrade Project, DP 7144. Mr. Brennan stated that when this project was submitted to the Board for approval, the Board asked for updates at key project points. As the Board can see from the entrance to the Treatment Plant, major construction activities are underway. Mr. Brennan stated that the total project cost is $5.5 million. To date there have been no change orders. The Notice to Proceed for the two-year contract was issued on January 6, 1999. At this time, the project is approximately 11 percent complete and approximately 12 percent of the time has elapsed. The value of the project is about half in electrical and half in structural improvements. Because of weather conditions since the contract started, the contractor has been limited to doing electrical work. Cabling, duct, and conduit have been installed. Mr. Brennan showed slides of work in progress and a rendering of the electrical switchgear building. Mr. Brennan stated that this building is a replacement for two buried electrical manholes which were installed in the 1970's when the Treatment Plant expansion was done. Those electrical manholes are not to current code. The new building will correct moisture and maintenance problems. Mr. Brennan stated that this project is the most recent in a series of seismic projects to improve the seismic durability of the Treatment Plant and to protect employees. President Lucey thanked Mr. Brennan for the update. 2) Mr. Morsen, Director of Administration, stated that staff is beginning work on 'the next issue of the District's Pipeline newsletter. Mr. Morsen introduced Ms. Harriette Heibel, Community Affairs Manager, who reviewed a list of proposed topics for the next Pipeline newsletter including: . . . No rate increase, again; Year 2000 readiness; What happens to material dropped off at the Household Hazardous Waste Collection Facility; Integrated Pest Management (lPM) store partnerships and workshops; Highlights of the Green Business Program; and Announcement of the new General Manager. . . . Discussion followed with regard to Year 2000 readiness and the suggestion that something be included on the seismic upgrade and other projects being undertaken to protect the public and environment. Ms. Heibel indicated that a draft newsletter will be presented to the Board for review in late Mayor early June, prior to mailing. 3) Mr. Morsen, Director of Administration, stated that the report concerning the Electricianllnstrumentation position has been pulled from the agenda. 4) Mr. Morsen, Director of Administration, announced that the hearing on the Lower Orinda Pumping Station Project Negative Declaration has been delayed until approximately July 1999. This delay will allow for a better cost estimate of project alternatives and will allow for staff to get input from the community. 5) Mr. Morsen, Director of Administration, announced that the District is advertising for bids for Recycled Water Customer Connections and Distribution Piping Installation. This will be a two-year blanket contract. The engineer's estimate for the work is $250,000. 04 15 99 76 b. c. d. a. 04 6) Mr. Morsen, Director of Administration, announced that he will appear on the City of San Ramon Year 2000 Program. The program will be aired on Saturday, April 17, 1999, and Sunday April 18, 1999, at 3:00 p.m. and 8:00 p.m. on both days. 7) Mr. Morsen, Director of Administration, stated that as the Board is aware, there was an industrial accident yesterday, April 14, 1999. Mr. Rich Soychak, Maintenance Technician III, Mechanical, was injured in a fall and is recuperating at Mt. Diablo Hospital. Mr. James M. Kelly, Director of Plant Operations, described the incident and Mr. Soychak's current condition. 8) Mr. Morsen, Director of Administration, invited the Board to visit the District booth at Earth Day on April 25, 1999, at the Concord Pavilion. 9) Mr. Morsen, Director of Administration, announced that the Contra Costa County Board of Supervisors will hold a Green Business Program Recognition Ceremony at 9:30 a.m. on April 20, 1999. The Board is invited to attend. COUNSEL FOR THE DISTRICT None SECRETARY OF THE DISTRICT None BOARD MEMBERS 1 ) Member Menesini announced that the Environmental Alliance will hold a workshop on April 19, 1999 at the John Muir National Historic Site in Martinez. The topic of discussion will be the Montezuma Wetlands Project. 2) President Lucey provided an update on AB 1549 (Torlakson) which mandates ward elections of the District Board of Directors. President Lucey reported that at the April 14, 1999 Assembly Local Government Committee hearing, the bill passed on a vote of six to two. President Lucey reported on various actions being taken to generate support for the District's position opposing AB 1549, and recommended that the District secure the services of Mr. Michael Dillon, Executive Director of the California Association of Sanitation Agencies, to assist the District in this regard. In response to a question from Member Boneysteele, Mr. Kenton L. Aim, Counsel for the District, referenced two specific statutes that provide for agencies lobbying. Mr. Aim stated that many other agencies have part-time or full-time lobbyists. Following discussion, it was moved by Member Hockett and seconded by Member Boneysteele, that the District secure the services of Mr. Michael Dillon, Executive Director of the California Association of Sanitation Agencies, to assist the District with regard to AB 1549 (Torlakson), and that staff be directed to prepare a contract with Mr. Dillon with a cost ceiling of $25,000. The motion was approved with Member Nejedly voting no. Member Nejedly stated that he supports the idea of hiring someone to assist the District in this effort, but that he does not have enough information to know if Mr. Dillon is the appropriate person. 8. TREATMENT PLANT THE 1999 DISTRICT-WIDE SURVEY OF CORROSION MONITORING SYSTEMS 15 99 77 Mr. Morsen, Director of Administration, stated that the proposed agreement with Villalobos & Associates is part of the District's cathodic protection program to protect District underground facilities from corrosion. It was moved by Member Boneysteele and seconded by Member Nejedly, that the General Manager be authorized to execute a professional engineering services agreement with a cost ceiling of $75,000 with Villalobos & Associates for the 1999 District-wide survey of corrosion monitoring systems. There being no objection, the motion was unanimously approved. 9. HUMAN RESOURCES a. DELETE POSITION OF EXECUTIVE SECRETARY. S-56. $3.095-$3.744: CREATE AND ADD POSITION AND ADOPT CLASS DESCRIPTION FOR EXECUTIVE ASSISTANT. S-60. $3.406-$4.118: ADOPT RESOLUTION ASSIGNING THE EXECUTIVE ASSISTANT POSITION TO MANAGEMENT SUPPORT/CONFIDENTIAL GROUP Mr. Morsen, Director of Administration, stated that the retirement of the General Manager's Executive Secretary left a large vacancy to be filled. Current needs have been evaluated and it is proposed that both the scope of the position and the duties be broadened as described in the position paper and attached class description. Following discussion of the range of duties, it was moved by Member Menesini and seconded by Member Hockett, that the position of Executive Secretary, S-56, $3,095- $3,744, be deleted; that the position of Executive Assistant, S-60, $3,406-$4,118, be created and added; that the class description for the position of Executive Assistant be adopted; that the position of Executive Assistant be assigned to the Management Support/Confidential Group; and that Resolution No. 99-057 be adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Hockett, Nejedly, Boneysteele, Lucey None None 10. APPROVAL OF MINUTES a. APPROVE MINUTES OF MARCH 18. 1999 It was moved by Member Menesini and seconded by Member Nejedly, that the minutes of March 18, 1999 be approved as presented. There being no objection, the motion was unanimously approved. 11. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED APRIL 15. 1999 Member Boneysteele, Chair of the Budget and Finance Committee, stated that he and President Lucey reviewed the expenditures and found them to be satisfactory. It was moved by Member Boneysteele and seconded by President Lucey, that the Expenditure List dated April 15, 1999, including Self Insurance Check Nos. 101530- 101533, Running Expense Check Nos. 117067-117447, Sewer Construction Check Nos. 20985-21039, Manual Payroll Check Nos. 48527-48531, and Regular Payroll Check Nos. 49980-50047, be approved as recommended. There being no objection, the motion was unanimously approved. 12. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 04 15 99 78 13. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None 14. CLOSED SESSION a. LABOR NEGOTIATIONS With respect to labor negotiations, the closed session was 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 organizations regarding the salary, salary schedules or compensation paid in the form of fringe benefits of employees in order to review its position and instruct its designated representatives. The District's negotiators are Director of Administration Paul Morsen and Human Resources Manager Cathryn Freitas, and the pertinent employee organization is the Central Contra Costa Sanitary District Employees' Association Public Employees' Local One. At 3:37 p.m., President Lucey declared the closed session to discuss labor negotiations pursuant to Government Code Section 54957.6 as noted above. At 3:58 p.m., President Lucey concluded the closed session and reconvened the meeting into open session. 15. REPORT OF DISCUSSIONS IN CLOSED SESSION No decisions were made or votes taken in closed session which require reporting at this time. 16. ADJOURNMENT There being no further business to come before the Board, President Lucey adjourned the meeting at the hour of 3:59 p.m. President of the Board of Dire ors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: S r t of the Central ont Costa Sa . ary District, County of Contra Costa, State of California 04 15 99