HomeMy WebLinkAboutBOARD MINUTES 05-01-97
118
MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD ON MAY 1, 1997
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 May 1, 1997.
President Menesini called the meeting to order and requested that the Secretary call roll.
1. ROLL CALL
PRESENT:
Members:
Nejedly, Hockett, Boneysteele. Menesini
ABSENT:
Members:
None
2. PUBLIC COMMENTS
Mr. Rudy Jenkins, representing Central Contra Costa Sanitary District Employees'
Association Public Employees' Local No.1, addressed the Board relative to labor contract
negotiations. Mr. Jenkins stated that talks have broken down. Local No.1 asked for the
District's final and best offer and was given considerably less than that given to the
Management Support/Confidential Group. Mr. Jenkins stated that he previously appeared
before the Board and discussed the District's Work Redesign goals and asked for what has
been promised to the employees: improved quality of work life. Mr. Jenkins stated that
today he brought the employees to tell the Board what they expect. Mr. Jenkins stated
that morale at the District is at its lowest ebb. Talks have stalled at the table. Local No,
1 will not accept the paltry offer made by the District's negotiators. Local No.1 is here
to see what the Board will say and what direction it will give to its negotiating team.
President Menesini assured Mr. Jenkins and the District employees that the Board will
listen to the employees' comments.
Mr. Ken Moon, Computer Systems Technician, wished Member Boneysteele a quick
recovery. Mr. Moon stated that some time ago District employees bought into the
concept of Work Redesign. The employees have done a good job. The operating budget
has been reduced by 7 percent. During that same time period, school tuition has risen by
5.2 percent and gasoline has gone from $1.28 to $1.36 (5 percent). While employees
were not promised they would receive the benefits of the decrease in the District's
operating budget, employees were led to believe they would have some share of the
benefits. Mr. Moon thanked the Board for the opportunity to speak.
Mr. Robert Ray, Instrument Technician, endorsed the union's position, stating that much
of the savings accumulated by the District are derived by downsizing of work crews and
leaving positions vacant. Mr. Ray stated that this is a morale rather than a monetary
issue. It has been said that the greatest asset of the District is the personnel, its people.
It would be a good demonstration of good faith to endorse that that statement is really
true and allow those who generated the savings to share in the products and fruits of the
labors. Mr. Ray thanked the Board for their consideration.
Ms. Monica Raposa, Secretary II, stated that she is fairly new to the District, having been
an employee for a year and one half. Ms. Raposa stated that she has felt very welcome
at the District and is speaking today as a newcomer. At the recent Local No.1 meeting
the morale seemed very low. There were a lot of angry employees who felt insulted by
management negotiation tactics. Ms. Raposa stated that employees are not disgruntled,
they are just tired of insulting contracts proposed by management and they want the
Board to hear the truth from the employees and take it to heart.
Mr. Jim Desurne, Accounting Technician II, stated that negotiations are at an impasse.
Why? Mr. Desurne stated that part of the problem is that Deputy General Manager Paul
Morsen says that employees are lucky to have jobs at the District. Mr. Desurne stated
that employees are lucky this is not Mr. Morsen's district. Mr. Desurne stated that the
05
01
97
119
employees are the people that make the District look good. The employees are asking for
a share in the savings achieved while maintaining a level of excellence and getting the job
done with fewer people. The employees are the District's most valuable asset and they
deserve something. Downsizing is taking away promotional opportunities. It is time for
the District to recognize the employees' contributions. Mr. Desurne thanked the Board.
Mr. Bill Gregory, Real Property Specialist, addressed the Board, stating that he agrees with
everything that has been said so far. Mr. Gregory stated that it is time employees get
some kind of salary adjustment. For the last several years, there have only been cost-of-
living adjustments. District salaries are not keeping even with others agencies. They are
dropping down into the middle. The District has a good reputation of quality service to
its customers. District employees work hard at that and it should be rewarded.
Ms. Molly Mullin, Permit and Services Technician, stated that she agrees with most of
what has been said. Ms. Mullin stated that the employees are not here as a mob, but as
individuals. The employees are all upset and concerned. Ms. Mullin stated that this is not
a matter of greed. It is a matter of self respect. Ms. Mullin stated that she was in the
work group that found $1 million of revenue and was rewarded with a paperweight. Ms.
Mullin stated that it is impossible for working people to attend District Board Meetings
when they are held at 2:00 p.m., and suggested that at least one night meeting per month
be held. Ms. Mullin stated that there are a lot of frivolous expenditures on the part of the
Board that could be eliminated and the money given to regain employee self respect.
Mr. Richard Boylan, Construction Equipment Operator and Member of the Local No.1
negotiating committee, addressed the Board. Mr. Boylan stated that he brought some of
the awards that have been won in the last few years by the District's quality workers.
Mr. Boylan stated that he does not think that the employees are being way out of line.
Mr. Boylan stated that the other thing he would like to bring up is the culture and low
morale. Mr. Boylan pointed to the awards and stated that that is the quality of employees
at the District. The people at the District are good, solid, hard working people. Mr.
Boylan thanked the Board for their consideration.
President Menesini stated that the Board is aware of the quality of District employees and
the awards recognizing them.
Ms. Virginia Harris, Secretary III, thanked the Board for the opportunity to speak on the
Local No.1 contract and the monetary issues involved. Ms. Harris stated that she is part
of the silent majority that the Board hears about that come and do their jobs in a
competent and responsible way. Ms. Harris stated that she has gone along with
management's concepts, downsizing, flat budgets, and Work Redesign. Ms. Harris stated
that she is part of the group that feels it needs to be compensated for helping get the
District to the position it enjoys today. It is time for the Board to show their appreciation.
Ms. Harris stated that she does not want another coffee cup. Being appropriately
compensated for what employees have and are contributing to the District is not an
outrageous demand. Ms. Harris read from an article on negotiations. Ms. Harris stated
that she does not feel the people in Local No.1 are getting a square deal. The employees
are here because they are dissatisfied. The employees like their jobs, and do a good job.
The employees are responsible people and take a lot of pride in their work and
accomplishments. What happens in this negotiation year will have long term affects.
When people are discontented, they take it for only so long. Ms. Harris stated that she
hoped the Board is listening because the employees want what they feel has been
promised to them. The employees have supported the District's cost saving, downsizing,
and Work Redesign concepts. The employees now want to share in this good position
the District finds itself in. Ms. Harris thanked the Board.
Mr. Mike Silva, Utility Worker, thanked the Board for the opportunity to speak. Mr. Silva
stated that he is probably one of the lowest paid employees at the District. Mr. Silva
stated that he and his wife sat down and looked at their budget. It costs more today than
it did the year before. Mr. Silva stated that, if something happened to his wife, he could
not support himself and his three children. Mr. Silva stated that he supports what the
others have said and asks that the Board think about it. The employees have come
peacefully. The employees have done a good job and saved a lot of money over the
years. The employees are not asking for the sky, they just want a share. Mr. Silva stated
that he does not think that is unreasonable. Mr. Silva thanked the Board. .
05
01
97
120
Mr. David Rolley, Accounting Technician III, thanked the Board for the opportunity to
speak. Mr. Rolley stated that he works in the Accounting Office so he will talk about
numbers. The general membership is about 64 percent of the employees at the District.
Out of all of the money paid by the District in salaries, the general membership takes in
about 48 percent. Management and mid-management get about 52 percent. Mr. Rolley
stated that it will get event worse. Over the years as everyone gets the same percentage
of pay, the disparity between lower and higher paid workers has grown. That should be
looked at. The District took in about $12 million net income last year and has $60 million
to $70 million in investments which management says is for projects. Mr. Rolley stated
that that money is not being used. Mr. Rolley reminded the Board that some years back
employees agreed to a two tier system. They didn't want to but they did and they have
supported Work Redesign and did everything they couldO-to make the District more
effective. It is now time for pay back. Employees need more than Consumer Price Index
(CPt). Employees have seen a lot of things that do not make sense. When management
wants something, they get it right now. No problem. Mr. Rolley stated that the
employees are asking for an increase and it is a big problem. Mr. Rolley stated that he
feels the District should be proud to compensate its employees well. It should not
embarrass the District. Mr. Rolley stated that he not only does his job but he does a lot
of extra things. Several years ago, invoices were being filed a certain way. Mr. Rolley
suggested they be filed by date rather than alphabetically. This saved about two hours
a week. He also suggested that the District start electronically transferring the Deferred
Compensation and 401 (a) information to accounts back east. As a result of that, on the
day of payroll, the money gets into the accounts. Employees have been working to make
the District a better place and they are not recognized for it. Mr. Rolley asked that the
Board instruct management to give a little and move negotiations forward. Mr. Rolley
thanked the Board.
Mr. Leron Patton, Accounting Trainee, thanked the Board for the opportunity to speak.
Mr. Patton stated that he supports his brothers and sisters in this cause. Mr. Patton
stated that this is just a case of the rich getting richer and the poor getting poorer.
Mr. AI Cambron, Electrical Technician, thanked the Members of the Board for helping with
support of the operation of the plant and for allowing him to speak. Mr. Cambron stated
that he has been with the District for 15 years and is not a disgruntled employee. Mr.
Cambron stated that he agrees with the union's negotiating stance and thinks that it is
fair. Employees have acted in good faith in Work Redesign. It is time employees are
compensated for that. Mr. Cambron asked that the Board take an honest look at that.
Mr. Cambron thanked the Board for their consideration.
Mr. Ken Null, Collection System Operations Technician, thanked the Board for taking the
time to listen. Mr. Null stated that he gave Work Redesign his heart and soul to make this
a better place. Mr. Null stated that he has saved the District himself over three times his
salary each year. Mr. Null stated that he wanted to leave the Board with one thing. In
business you must spend money to make money and you must also spend money to save
money. You need to spend some money to continue to make money with the Work
Redesign effort and the caring responsibility of the employees. Mr. Null thanked the
Board.
Mr. Bob Yates, Maintenance Technician III, Mechanical, stated that in Work Redesign
employees volunteered to get state certified welding certificates. The employees
persevered in saving the District money and would like the District to show some
gratitude. Mr. Yates thanked the Board.
President Menesini stated that that concludes the speaker cards and asked if anyone else
would care to speak.
Mr. Michael Thornton, Maintenance Technician II, stated that he appreciates some of the
things the District does. One of the nicest things the District has done for him is to allow
him to safely roll around in sludge and ash, and then work out at Big C with the General
Manager-Chief Engineer Roger Dolan. Mr. Thornton stated that he and Mr. Dolan can talk
and have very pleasant conversations. Mr. Thornton stated that he is a single parent.
His daughter has needs and he gives her an allowance. When costs go up, he gives her
more. Mr. Thornton stated that he would like to see those needs get met for everyone.
Mr. Thornton thanked the Board.
05
01
97
121
Ms. Leslie Pope, Secretary III, stated that she has worked at the District for six and one
half years. Ms. Pope stated that she has watched the course of the District and how it
is being steered, both management and employees working day to day. One of the trends
is that the District is placing a high reliance on technology rather than the human element.
Ms. Pope stated that she is a secretary. She gets many calls from people who want to
talk to a human voice to be sure their needs are taken care of. The employees are all
working to make sure the District protects the health and safety of the public. Ms. Pope
asked the Board to remember who is called out on a dark and stormy night. Who provides
responsible service when there is an overflow? The CSO field person. Who answers the
telephone? The secretary. Ms. Pope asked that the Board remember all of those people
in the field who are unsung and can go unnoticed because they operate well. All of this
good hard dirty work. Some of it is the best public relations (PR) for the District, polite,
helpful, efficient, and effective. Mr. Pope asked that the Board consider that when the
Board asks employees to give more. There are many people who have contributed
individually for the good of all of the employees. Ms. Pope stated that she is proud of
the money saved and the efforts of the employees on Work Redesign. She is proud of the
people who found the lost Sewer Service Charge rates. Ms. Pope stated that she is really
discouraged when there is a negotiation process where the management representatives
are yelling and shouting at the union's representatives and using obscenities. Ms. Pope
asked for respect. Ms. Pope thanked for Board for listening.
Mr. Dennis Almond, Maintenance Crew Member II, stated that he has been with the
Collection Service Operations (CSO) Department for 12 years and is very happy to be a
Central San employee. Mr. Almond stated that he would be a lot happier with a nice
raise. CSO does a lot of customer surveys. CSO has downsized to almost half of what
it was 12 years ago yet still does the same work. Mr. Almond stated that either the
others did nothing or the current employees are very good, world class. Mr. Almond
stated that he does not feel that the District is negative in the overall perception of the
community. Mr. Almond stated that he thinks the community thinks the District does a
very good job and they are right. The District has good people and it saves money. Mr.
Almond stated that he believes the Board should reward the employees for that. Mr.
Almond requested that the Board direct management to negotiate in good faith and get
on down the road with this.
Mr. Dante Marchetti, Maintenance Crew Leader and past Chair of the District Safety
Committee, stated that he has had the privilege of accepting awards on behalf of the
District. Mr. Marchetti stated that he backs what everyone has said 100 percent. Mr.
Marchetti stated that there is not a person here who does not want to work hard and keep
up the public perception of the District. Employees are happy to be here. Mr. Marchetti
thanked the Board.
Mr. Steve Sauter, Maintenance Crew Member II, stated that the Board has seen the
awards won by CSO and the Board has seen what the employees do out there. The
employees are doing a good job and cutting costs. Mr. Sauter stated that maybe it is time
for world class service to get world class compensation.
Mr. Steve Larsen, Pumping Station Operator II, stated that it has been his privilege to be
part of the District family for more than 12 years. Mr. Larsen stated that he began as a
Materials Coordinator, an entry level position, and competed with 200 people to get that
position. That says something about the Quality of District employees. Employees take
pride in what they do. Employees always go the extra mile and want to be recognized.
Mr. Larsen stated that he took part in Work Redesign and cultural training. The District
has a unique culture with a 50-year history. Everyone wants to see that maintained. Mr.
Larsen stated that he hates to see morale going down. Mr. Larsen stated that Deputy
General Manager Paul Morsen said something years ago that has been an inspiration to
him. At the opening of the new warehouse, Mr. Morsen said it was a real nice building.
Mr. Larsen stated that he responded that it befits a building for a secondary treatment
plant in the United States. Mr. Morsen said that he likes to think that the District is the
best plant of any kind in the United States. Mr. Larsen stated that these people here
deserve consideration.
Mr. Ron Galloway, Maintenance Crew Leader, thanked the Board for hearing everyone.
Mr. Galloway stated that he was with a crew on a job in Orinda and a lady gave them a
six-pack of cola. The crew didn't know her, but they all thought it was great. Mr.
05
01
97
122
Galloway stated that he thinks it is time for the District to do something extra for the
employees. Mr. Galloway thanked the Board.
Mr. Paul Kelly, Maintenance Crew Leader and Local No.1 Unit President, stated that he
had hoped that it wouldn't be necessary to waste all of this productive time to address
the Board. Mr. Kelly stated that this has been productive, and a lot of good points were
made. Mr. Kelly stated that he hopes the message the negotiating team was trying to get
to management and the Board got across. This is a class group of people who care about
the District. Mr. Kelly stated that he hopes this show of unity will allow the negotiating
teams to go back to the table to put together a fair and equitable contract. Mr. Kelly
thanked the Board and management for letting the employees speak without formal
notice.
President Menesini stated that he believes it goes without saying that the Board
appreciates the level of presentation made here today. The Board was interested in
receiving those comments, and appreciated the sincerity and wisdom of the employees
of our District.
Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that he appreciated the
frankness and openness of the comments. Mr. Dolan asked Mr. Kelly, to clear up one of
the comments, stating that while he knows it would be normal to expect that passions
tend to run high and emotions are strong during negotiations, the negotiating room where
most of the negotiations occur is next to Mr. Dolan's office and he has heard nothing.
Mr. Dolan stated that he was concerned about the obscenities and vulgarities referenced
by one of the speakers.
Mr. Kelly stated that passions do run high. It is a process we must go through to strike
a contract fair for both sides. Mr. Kelly stated that there has been some mud slinging but
it is part of the negotiations. As far as vulgarities, it has not been bad. The negotiations
have been professional.
Mr. Dolan stated that he will do whatever is necessary to make sure that protocol is taken
care of so that the two negotiating teams are able to be assured that the right end point
is reached.
Mr. Kelly stated that he hoped the negotiating teams would be able to go back to the
table and come to a good conclusion.
Member Hockett asked if there is someone else who might be able to verify what
happened during negotiations.
Mr. Kelly stated that it has not been vulgar. Mr. Kelly stated that it is part of the process
and he does not think anything has been out of line.
President Menesini thanked those who spoke for expressing their feelings with openness.
The Board received the information with open ears.
Member Nejedly agreed, stating that it is obvious this is very important to all of the
employees to be here. Member Nejedly stated that there is always a fair middle ground
and he is sure at some point that will be reached. Member Nejedly stated that he hopes
that the employees will be treated equitably and that the constituents that we all work for
will be treated the same.
Member Boneysteele stated that he never ceases to be amazed by the quality of
presentations from District staff. This meeting was no exception. Member Boneysteele
stated that he is proud of everyone working at the District. Member Boneysteele stated
that he hopes that both the Board's representatives and the employees' representatives
can come together and reach an agreement. If that happens then many people hours
have been well spent. Member Boneysteele wished everyone good luck in concluding
these negotiations.
05
01
97
123
3. AWARDS AND COMMENDATIONS
a.
RESOLUTION COMMENDING DIRECTOR SUSAN McNUL TV RAINEY FOR HER
SERVICE TO CENTRAL CONTRA COSTA SANITARY DISTRICT
President Menesini stated that everyone recognizes the many and diverse contributions
of Member Rainey and it is with pleasure that we acknowledge them.
Member Hockett stated that Member Rainey's expertise and willingness to commit to
public service is commendable. Member Rainey never had an unkind thought or word.
She is always able to see both ends and the middle of an issue and can always approach
a problem with a balanced perspective. She will be sorely missed.
Member Boneysteele stated that Member Rainey's abilities, the growth that she has
shown since she has been a Member of this Board, and her good judgment all contribute
to the fact that she will be missed. Her expertise is exceeded only by her good judgment.
We could always count on her for good advice. The Board and the people of the District
will miss her service and contributions.
Member Nejedly stated that unfortunately he did not have much time to work with
Member Rainey on this Board, but he has known her for some time. Member Nejedly
stated that Member Rainey will do very well in the City of Walnut Creek.
It was moved by Member Hockett and seconded by Member Boneysteele, that Resolution
No. 97-079 be adopted, commending Director Susan McNulty Rainey for her service to
Central Contra Costa Sanitary District. There being no objection, the motion was
unanimously approved.
b.
ACKNOWLEDGE RECEIPT OF CALIFORNIA ASSOCIATION OF PUBLIC
INFORMATION OFFICERS (CAPIO) 1997 FIRST PLAGE AWARD HONORIN(2
EXCELLENCE IN COMMUNICATION FOR THE CCCSD PIPELINE NEWSLETTER
Ms. Harriette Heibel, Community Education Officer, stated that it is with pleasure that she
presents the California Association of Public Information Officers (CAPIO) 1997 First Place
Award Honoring Excellence in Communication for the District's Pipeline newsletter.
CAPIO is an organization that the District has never been associated with before. We are
proud to have received this award and the recognition that goes with it.
President Menesini congratulated Ms. Heibel, Public Information and Graphics Coordinator
Ken Grubbs, Graphics Technician III Son Nguyen, and Public Information and Production
Assistant Tim Tullis on this achievement.
4. CONSENT CALENDAR
It was moved by Member Boneysteele and seconded by Member Nejedly, that the Consent
Calendar, consisting of Items a. through C., be approved as recommended, resolutions
adopted as appropriate, and recordings duly authorized.
a.
Grants of Easements were accepted from Eric and Ann L. Ward, Richard F.
and Joanne Lande, Martin and Mary A. Heller, Hiro and Elaine R. Sugimura,
the Nemon Family Trust, the Elsie Elaine Houston Smith Trust, the Lewis
Family Irrevocable Living Trust, Newman Buckley, et aI, 93 Moraga Way
Investors, L TD II, Joseph A. Demaria 1991 Trust, Horst Rademacher and
Margaret Hellweg, and William P. and Mardis J. Preciado; staff was
authorized to record said Grants of Easements with the Contra Costa
County Recorder; and Resolution Nos. 97-080. 97-081. 97-082. 97-083.
97-084.97-085. 97-086. 97-087. 97-088. 97-089. 97-090. and 97-091
were adopted to that effect.
Motion unanimously approved on the following vote:
05
01
97
124
AYES: Members: Boneysteele, Nejedly, Hockett, Menesini
NOES: Members: None
ABSENT: Members: None
b.
Authorization was given for P.A. 97-4 (Alamo) and P.A. 97-5 (Danville) to
be included in a future formal annexation to the District.
Motion unanimously approved on the following vote:
AYES: Members: Boneysteele, Nejedly, Hockett, Menesini
NOES: Members: None
ABSENT: Members: None
c.
May 15, 1997 at 2:00 p.m. was established as the date and time for a
public hearing to receive comments on the Draft Fiscal Year 1997-1998
Capital Improvement Budget and 1997 Capital Improvement Plan.
Motion unanimously approved on the following vote:
AYES: Members: Boneysteele, Nejedly, Hockett, Menesini
NOES: Members: None
ABSENT: Members: None
b.
Authorization was given for P.A. 97-4 (Alamo) and P.A. 97-5 (Danville) to
be included in a future formal annexation to the District.
Motion unanimously approved on the following vote:
AYES: Members: Boneysteele, Nejedly, Hockett, Menesini
NOES: Members: None
ABSENT: Members: None
5. CLOSED SESSION
INITIATION OF LITIGATION
a.
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 Central Contra Costa
Sanitary District has decided to initiate or is deciding whether to initiate litigation. The
subject of the potential litigation is a Resolution of Necessity for the South Orinda Sewer
Improvements Project, DP 4928.
At 3:18 p.m., President Menesini declared the closed session to discuss initiation of
litigation pursuant to Government Code Section 54956.9(c). At 4:02 p.m., President
Menesini concluded the closed session and reconvened the meeting into open session.
6. HEARINGS
a.
HOLD A HEARING AND ADOPT A RESOLUTION OF NECESSITY FOR THE
PURPOSE OF INITIATING EMINENT DOMAIN PROCEEDINGS FOR ACQUISITION
OF PUBLIC SEWER EASEMENTS FOR THE SOUTH ORINDA SEWER
IMPROVEMENTS PROJECT, DP 4928: RESCIND THE PREVIOUS RESOLUTION
DEALING WITH THE EMINENT DOMAIN ACTION ADOPTED FEBRUARY 20, 1997
President Menesini stated that the purpose of this hearing is to receive comments
regarding adoption of a Resolution of Necessity to acquire permanent and temporary
05
01
97
125
easements by eminent domain for the South Orinda Sewer Improvements Project, DP
4928.
Mr. Tad Pilecki, Senior Engineer, stated that on April 17, 1997, the Board of Directors set
a public hearing for 3 :00 p.m. today, May 1, 1997. On April 15, 1997, letters were sent
to the property owners who had not yet granted property rights necessary for the project.
The South Orinda Sewer Improvements Project is a large project that entails replacing or
rehabilitating about 40,000 feet of collection system in the South Orinda area. The
project will be constructed in two phases with the intersection of Moraga Way and
Glorietta Boulevard being the dividing line. Phase 1 will be going out to bid next week.
It is anticipated that authorization to award the bid will be presented to the Board for
consideration at the June 5 or June 19, 1997 Board Meeting.
Mr. Pilecki reviewed the key issues relating to the adoption of the proposed Resolution of
Necessity for the South Orinda Sewer Improvements Project as follows:
.
The public interest and necessity require the project for which said public
sewer easements are to be acquired;
.
The proposed project is planned or located in the manner which will be most
compatible with the greatest public good and the least private injury;
.
Said public sewer easements are necessary for the proposed project; and
.
The offer required by Government Code Section 7267.2 has been made to
the owners of the subject property.
Mr. Pilecki stated that the public interest and necessity require the project for which said
public sewer easements are to be acquired. Each time it rains, Moraga Way experiences
overflows into the watershed which drains into San Pablo Reservoir, an East Bay
Municipal Utility District (EBMUD) drinking water supply. There were four overflows
during the recent New Year's storm. In addition, some Orinda sewers experience periodic
dry weather overflows due to root and grease blockages and structural deficiencies. A
number of these dry weather overflows have occurred in the Overhill Creek area. Mr.
Pilecki showed slides and described the condition of the Overhill Creek pipeline and creek
crossings. The ground is cracking and creeping down the hill in the vicinity of 10 Tara
Road, Orinda. The sewer line in the bottom of the creek is exposed in some places and
is acting as a dam in the creek. The Overhill Creek line is in very poor condition with a
number of blockages. Mr. Pilecki stated that a commitment has been made to the
Regional Water Quality Control Board to improve this line. This project is necessary based
on the facts stated above.
Mr. Pilecki stated that the proposed project is planned or located in the manner which will
be most compatible with the greatest public good and the least private injury. There is
heavy traffic flow in this area. When presentations were given to the Orinda City Council
and the Moraga Town Council, the biggest concerns expressed dealt with the potential
to block traffic along this route. Open-cut trench construction would be very expensive
and would have tremendous detrimental impacts on traffic flow. As part of the alignment
investigations, historical development, aerial photos, creek crossings, fills and buried
debris, trees, and foundation tie backs were considered. Alignment investigations also
considered the following:
. Right-of-Way Limitations
. Utility Conflicts
. Traffic Conflicts
. Equipment Limitations
. Space Conflicts
. Agency Coordination
05
01
97
126
Mr. Pilecki stated that equipment limitations such as push lengths and staging areas were
considered in determining the project alignment that was most compatible with the
greatest public good and the least private injury, as well as space conflicts such as creek
proximity, major trees, and substantial property improvements. Mr. Pilecki stated that
given all of the constraints, it was concluded that microtunneling was the best method
for this project, that receiving and boring pits could not be located in the Moraga Way
right-of-way without severely impacting traffic flow, and that the receiving and boring pits
must be moved into the private right-of-way to balance the greatest public good with the
least private injury. Mr. Pilecki stated that a solution was found where receiving and
boring pits could be located without obstructing traffic and still not impact the properties
involved unduly. There was only one alignment that would work when all of the
limitations were taken into account.
Mr. Pilecki stated that said public sewer easements are necessary for the proposed
project. Mr. Pilecki showed the impact of the proposed alignment on the McDonnell
property. A receiving pit is proposed for the northeast corner of the property. This would
be required for approximately a three-month period. For most of that three-month period
it would be covered over with steel plates so there will be access to their parking area.
Mr. Pilecki stated that the Yee property will be impacted on the east corner of their lot on
their access driveway. Prior to the District contacting the property owners about this
project, both Mrs. Yee and the Millpointers, adjacent property owners, put in another
driveway so access will not be impacted to their properties. The District has offered to
pay the cost of that new driveway. Mr. Pilecki stated that as demonstrated by the
drawings, the public sewer easements are necessary for the project as designed.
Mr. Pilecki stated that on December 23, 1996, Associated Right of Way Services, Inc. did
have confirmed delivery of offers in accordance with Government Code Section 7267.2
to both the McDonnell's and Ms. Yee, the owners of the subject property.
Mr. Kenton L. Aim, Counsel for the District, stated that Government Code Section 7267.2
requires that there be a statement in the resolution and therefore a finding by the Board
of Directors that the appropriate notices have been provided. So out of an abundance of
caution, that language has been included in the resolution. There is an exception,
however, which may apply to this project. Government Code Section 7267 excludes the
application of the notice requirement to Section 7267.1 (b) (requiring an appraisal) and the
entirety of Section 7267.2 (requiring a written offer) when sewer easements are being
acquired. Mr. Aim read the referenced sections. Mr. Aim noted that there is an
inconsistency in the law in that the District does not have to give the notices, yet another
section requires a finding that notices have been sent. The District has sent notices even
though it is not required to do so, and the Board is being asked to make the finding that
it has done so.
Mr. Pilecki described the Overhill Creek area. It is about 120 feet from the roadway to
the creek bottom. The District pipeline is at the bottom of the creek and is very difficult
to access. At 93 Moraga Way the location of the creek crossing needs to be encased.
Mr. Pilecki showed slides and described the condition of terrain, vegetation, and current
and proposed alignment. Mr. Pilecki stated that a professional arborist will be present
when the contractor is digging near roots of big trees. Staff has looked at 12 to 18
different alignment alternatives and all kinds of configurations in the Overhill Creek area
including pumping stations, directional drilling, microtunneling, and aerial creek crossings.
After consideration, it was concluded that for the upper half of the alignment the existing
location is the best alignment. For the lower half of the alignment, a new location is
best. District staff feels that given the difficulty of this particular project, that the
proposed alignment is most compatible with the greatest public good and the least private
injury. No one will be adversely impacted and people will be compensated for impacts
created.
Mr. Pilecki stated that the easements are necessary for the proposed project. Mr. Pilecki
showed maps of the temporary and permanent easements needed from the Harriman's
and the Greene Family Trust. Mr. Pilecki stated that to build the project, access is needed
and this is the only access obtainable in that area.
Mr. Pilecki stated that given that the sewer easements are necessary, offers were made
in accordance with Government Code Section 7267.2 to the owners of the subject
05
01
97
127
property. Offers were made to the Harriman's and the Greene Family Trust on March 28,
1997.
Mr. Pilecki stated that on November 7, 1996, at a regularly scheduled Board meeting, the
Board of Directors approved a California Environmental Quality Act (CEQA) action which
gave a categorical exemption for the project. The statute of limitations for the period in
which to challenge that action expired some time ago.
Mr. AIm stated that Mr. Pilecki indicated that a variety of alternatives were considered
with regard to these four parcels for the receiving and boring pits. Mr. Pilecki stated many
alternatives were considered. With regard to the McDonnell property, it was requested
that the receiving pit be moved to the other side of the parcel. That would require a push
of almost 900 feet. Pushes of 700 feet are the maximum recommended for this project.
Mr. Pilecki stated that the geometry of the project prevents longer pushes. If the
equipment stalled in the longer push requested by the McDonnell's, the equipment would
be directly in front of the entrance to the business and would require a 30 foot deep hole
to be excavated to free the equipment creating a much greater impact on the property.
With regard to the Harriman and Greene properties, Mr. Pilecki stated that many different
kinds of alternatives were considered but were physically impossible because of the way
Jhe land and the creek lie.
Member Hockett questioned whether the McDonnell's were advised that the pit would be
covered most of the time and only open when the crew was working. Mr. Pilecki stated
they were advised of that. In addition, it was agreed that the receiving pit would be
covered on Saturday and Sunday, when most of their business occurs. They were also
advised that while the pit will be there for about three months, the actual work will total
only about two weeks.
Member Nejedly confirmed that once the receiving hole is dug and covered, it is not used
until the equipment gets there. Mr. Pilecki stated that was correct.
In response to a question from Member Hockett, Mr. Pilecki stated that the location of the
pipe is not the concern with Ms. Yee. The issue in that case tends to revolve around
indemnification language. Inconvenience is not the issue. The District has offered to
compensate Ms. Yee and the Millpointer's for their new driveway.
Member Hockett asked whether access was the issue with regard to the Greene property
rather than the location of the pipe or pit. Mr. Pilecki stated that is correct. The Greene's
do not want District crews coming through their property to work on the existing pipeline.
They are asking for notification prior to crews entering the area.
Mr. AIm asked that the large diagram referred to as Moraga Way Microtunnel be marked
and included as part of the administrative record. Mr. Aim asked that slides used as part
of the presentation be made a part of the administrative record as well.
At 4:35 p.m., President Menesini opened the public hearing to receive comments
regarding adoption of a Resolution of Necessity to acquire permanent and temporary
easements by eminent domain for the South Orinda Sewer Improvements Project.
Mr. William Preciado, 36 Southwood Drive, Orinda, addressed the Board stating that he
does not have any objections to the location of the new line or the improvements. Mr.
Preciado stated that there is a lot of support for the improvement. Mr. Preciado stated
that he has agreed to the proposal and was informed that any changes must be approved
by the Board. Mr. Preciado stated that residents' privacy is very important in this area.
Exhibit A of the Grant of Easement is very specific with regard to access and egress not
only with regard to the easement but to all of the remaining property. Mr. Preciado asked
that this language be reviewed and changed if possible to reference only the easement
portion. Mr. Preciado submitted some proposed language prepared by the attorney for the
Greene Family Trust.
Mr. Aim, Counsel for the District, stated that the document referenced is a generic
document used in the public interest to give the District adequate rights. Mr. Aim stated
that he believes we can work on this to customize it and still grant the necessary and
reasonable access.
05
01
97
128
Mr. Dolan asked Collection System Operations Department Manager John A. Larson to
describe the procedures used when access is required. Mr. Larson described the normal
protocol and procedures to notify residents when access is needed for routine work,
construction work, and emergency situations.
Mr. Preciado agreed, stating that access has never been denied. The District crews have
been very good in the past.
Mr. Dolan stated that the easement language will be reviewed and edited so that the
necessary property rights are granted but that the concerns expressed by Mr. Preciado for
himself and his neighbors are addressed.
Receipt of the following correspondence was noted:
Letter dated April 27,1997 from John J. Greene and Patricia S. Greene, Ten Tara
Road, Orinda, CA 94563; and
Letter dated April 30, 1997 from Kevin D. Lally, of the law firm of Smith, Merrill
& Peffer, representing the John and Mary McDonnell Trust.
This correspondence was provided to the Board prior to the public hearing.
There being no further comments, President Menesini closed the public hearing at the hour
of 4:51 p.m.
Following discussion, it was moved by Member Hockett and seconded by Member
Nejedly, that the Board finds that the public interest and necessity require the project for
which said public sewer easements are to be acquired, that the proposed project is
planned or located in the manner which will be most compatible with the greatest public
good and the least private injury, that said public sewer easements are necessary for the
proposed project, and that the offer required by Government Code Section 7267.2 has
been made to the owners of the subject property; and that Resolution No. 97-092 be
adopted, Resolution of Necessity to acquire permanent and temporary easements by
eminent domain for the South Orinda Sewer Improvements Project, DP 4928, and
authorizing the filing of eminent domain actions, the deposit of amounts of probable
compensation, and the application for Orders For Immediate Possession. Motion
unanimously approved on the following vote:
AYES: Members: Hockett, Nejedly, Boneysteele, Menesini
NOES: Members: None
ABSENT: Members: None
It was moved by Member Hockett and seconded by Member Nejedly, that Resolution No.
97-043 adopted February 20, 1997 dealing with the South Orinda eminent domain action
be rescinded. Motion unanimously approved on the following vote:
AYES: Members: Hockett, Nejedly, Boneysteele, Menesini
NOES: Members: None
ABSENT: Members: None
7. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
None
8. REPORTS
a.
GENERAL MANAGER-CHIEF ENGINEER
1 )
Mr. Dolan, General Manager-Chief Engineer, stated that the District has
been working diligently in response to Board direction to implement an
05
01
97
129
ambitious Community Education Program informing the public of the
District's pollution prevention messages. The Board has also expressed an
interest in providing information to the public about the District; and, in
future years, we will need to use our community education media to
conform to Proposition 218 notice requirements. With those objectives,
Community Education Officer Harriette Heibel has developed a series of
programs and corresponding budgetary costs for presentation to the Board.
President Menesini stated that both the March for Parks and Earth Day
events on April 19 and 20, 1997 were well done. There was a good show
of public interest and the District was well represented.
Mr. Dolan introduced Ms. Harriette Heibel, Community Education Officer,
who thanked President Menesini for his comments and showed photographs
of the Earth Day event.
Ms. Heibel stated that this presentation is a follow up to the Board
workshop held on February 27, 1997 where a wide range of communication
issues were discussed. At that time the Board asked staff to come back to
address four primary issues:
1 )
How the Shop Smart Program might fit into the District's Pollution
Prevention Program;
2)
Teaching teachers as an alternative to some of the direct education
components of the District's program;
3)
Evaluation of District education programs, particularly the Sewer
Squad Program; and
4)
The Proposed 1997-1998 Public Information Budget.
Ms. Heibel distributed a handout and described the District's Public
Information Program components, the status, target audiences, and
budgeted costs as follows:
.
Community Newsletter - $85,000
.
Household Hazardous Waste Collection Facility - $53,500
.
Pollution Prevention Activities - $44,300
.
Environmental Events - $10,000
.
Speakers' Bureau - $5,000
.
Store Displays - $6,000
.
School Program - $76,000
.
Internet Communications - $4,000
Ms. Heibel stated that the proposed total Public Information Budget is
$285,800.
Mr. Dolan asked the Board for direction, stating that this is an ambitious
program some of which is still to be developed. Staff wishes to proceed in
accordance with the Board's direction.
President Menesini suggested that a meeting be scheduled again with the
principals on the high school education program. President Menesini stated
that the District should use public education which encourages a voluntary
approach rather than only using fines and regulatory requirements.
Voluntary education should promote an understanding of the environment
05
01
97
130
05
rather than be used as a regulatory hammer. President Menesini endorsed
the interagency cooperation recommended by Ms. Heibel stating that it will
not only expand the results of the District's investment but will gain a wider
awareness of our efforts. It may be possible for the District to capitalize on
the Friends of the Estuary work and funding from Regional Water Quality
Control Board fines.
Member Hockett suggested that it may be helpful to calendar a presentation
before the School Board and Superintendent of Schools. If you start at the
top, many times there is a trickle down effect. Member Hockett stated that
the schools may also have access to grant funds.
There being no further discussion, President Menesini stated that there is a
consensus of support for the proposed Public Information programs and
budget.
2)
Mr. Dolan, General Manager-Chief Engineer, stated that he appreciated the
Board's guidance at the April 24, 1997 Recycled Water Program Board
Workshop. The Draft Principles of Agreement for the Lamorinda Recycled
Water Project discussed at that workshop have been modified slightly based
on the direction of the Board and input from Mr. Kenton L. Aim, Counsel for
the District. Copies have been provided to the Board. Mr. Dolan introduced
Ms. Lynne Putnam, Senior Engineer, who summarized the Draft Principles
of Agreement as follows:
.
East Bay Municipal Utility District (EBMUD) will pay Central Contra
Costa Sanitary District (CCCSD) for a share of existing capital costs;
.
EBMUD will finance, construct, and operate all Shell pipeline
facilities;
.
Shell pipeline ownership will transfer from CCCSD to EBMUD at the
EBMUD Notice to Proceed for Phase 1 which must entail a
substantial capital expenditure;
.
CCCSD will have first right of refusal if EBMUD decides to sell the
Shell pipeline;
.
EBMUD will pay CCCSD for Shell pipeline acquisition costs;
.
EBMUD will pay CCCSD for actual O&M costs;
.
CCCSD will wholesale recycled water to EBMUD; and
.
Other issues will be defined in the final contract.
Mr. Dolan reviewed the changes made in the Draft Principles of Agreement
from the April 24, 1 997 Board Workshop as highlighted in the document.
Member Boneysteele cautioned that EBMUD is in both the new and recycled
water business. There is a tension in their organization and CCCSD could
be left holding the bag for recycled water if other cheaper water sources
should become available. CCCSD should keep its options open so if that
occurs something can be salvaged.
Mr. Dolan stated that the Board indicated at the April 24, 1997 Board
Workshop that a first right of refusal clause should be included to address
that concern.
Mr. Aim, Counsel for the District, stated that the language included in the
Draft Principles of Agreement on law, risk, indemnification, and related
issues will not be the final language in the contract but is appropriate for
purposes of the Draft Principles of Agreement. The remaining issue that
may need some additional work at the staff level on the negotiating teams
01
97
b.
c.
d.
131
is clarification of the language dealing with costs and rates. Other than
that, Mr. Aim stated that the document is an acceptable starting point.
Member Hockett suggested that the language from the Draft Recycled
Water Ordinance might help clarify the issue relating to production of Title
22 water.
Following discussion with respect to the first right of refusal clause and the
Board's previous direction concerning a reversionary clause, President
Menesini thanked staff for the update.
3)
Mr. Dolan, General Manager-Chief Engineer, announced that the District is
currently advertising for the Security Access System Project. The estimated
cost of the project is $50,000.
COUNSEL FOR THE DISTRICT
None
SECRETARY OF THE DISTRICT
1 )
Ms. Joyce E. Murphy, Secretary of the District, announced that 15
applications have been received to date for the vacancy on the Board of
Directors. The deadline is tomorrow, May 2,1997, at 5:00 p.m.
BOARD MEMBERS
1 )
Member Hockett reported on the April 24, 1997 Central Contra Costa
Sanitary District (CCCSWA) Meeting at which the major topics of discussion
were adoption of an ordinance defining CCCSWA's authorities, jurisdiction,
and other issues clarifying its organization; the Valley Waste Management
franchise agreement, levels of services, and service area issues relating to
difficult to serve areas; and the CCCSWA web page.
2)
President Menesini requested comments concerning the District's continued
membership in the Central Contra Costa Solid Waste Authority (CCCSWA).
President Menesini stated that he believes that this would be the wrong time
for the District to withdraw. In response questions from Member Hockett,
President Menesini stated that Member Rainey reported previously that
CCCSWA members had requested that the District continue its membership
to provide advice and experience through the first rate-setting process.
In the discussion that followed Member Hockett stated that she did not have
that feeling from the CCCSWA. Member Hockett stated that CCCSWA is
now launched. They have a well rounded background and wonderful
consulting team to advise them during the first rate-setting process. The
District no longer has a connection with CCCSWA. Member Hockett stated
that it has been her experience on CCCSW A that their expertise is coming
together and they do not think the District's participation will help at this
point. CCCSWA has access to the expertise they need. Member Hockett
stated that she is hard pressed to see why the District should remain a
member now that the Acme litigation has been settled, the District is no
longer a franchiser, and the agencies will be linked through the Household
Hazardous Waste Collection Facility.
Member Boneysteele stated that he believes the controlling factor was
Member Rainey being appointed to the Walnut Creek City Council. Member
Boneysteele stated that he has been an advocate of the District getting out
of solid waste regulation since the passage of Assembly Bill 939, but
CCCSWA insisted that the District continue. Member Boneysteele stated
his understanding that CCCSWA had particularly wanted Member Rainey's
expertise. Member Rainey's expertise is now available to CCCSWA through
appointment as one of the representatives of the City of Walnut Creek.
05
01
97
132
05
President Menesini stated that he would be willing to entertain a motion.
Member Hockett stated that she has reviewed the chronology of solid waste
in Contra Costa County in trying to sort through the history of the District's
involvement. In August 1995, meetings were held by the District with the
Cities and Towns it represented at that time (Danville, Lafayette, Moraga,
and Orinda) to pass information on to them because the District was no
longer going to be in the solid waste business. A lot of time was spent
giving that information and weaning the District out of the solid waste
business. When CCCSWA was formed there was a lot of discouragement
from President Menesini saying that it was another level of bureaucracy and
that the District should not be a member. When this matter was discussed
previously, settlement of the Acme lawsuit was seen as the linkage keeping
the District in CCCSWA. That lawsuit has now been settled. Member
Hockett stated that this seems to be an opportune time for transition.
Member Nejedly stated that when he first came to the District Board of
Directors there was discussion that at some point in the future the District
would leave CCCSWA. A decision was made at that time to stay on
another year. It was agreed that CCCSD would stay through the rate-
setting and service problems.
Member Hockett agreed, but stated that the District no longer has a vested
interest for being on CCCSWA. It is a very large (14 member) Board. This
is the appropriate time for the District to move on. We have made our
contributions.
It was moved by Member Boneysteele and seconded by Member Nejedly,
that the District remain on the Central Contra Costa Solid Waste Authority.
The motion was approved with Member Hockett voting no.
President Menesini stated that it would now be appropriate to appoint a
representative to replace Member Rainey on the CCCSWA Board.
It was moved by Member Hockett that President Menesini be appointed to
the CCCSW A Board.
President Menesini declined.
It was moved by President Menesini and seconded by Member Boneysteele,
that Member Nejedly be appointed to serve with Member Hockett as the
District's representatives to the CCCSWA Board and that Resolution No. 97-
QU be adopted to that effect. Motion approved on the following vote:
AYES: Members: Menesini, Boneysteele
NOES: Members: Hockett
ABSENT: Members: None
ABSTAIN: Members: Nejedly
With regard to a possible conflict of interest, Member Boneysteele stated
that there are laws that deal with that issue. Member Boneysteele stated
further that he believes that Member Nejedly would not do anything that
would be a conflict of interest.
3)
The Board discussed the process for filling the vacant position on the Board
of Directors and provided the following direction to staff:
.
Applicants will be given an opportunity to make a three-minute
presentation;
01
97
133
.
Applicants will be advised that interviews will be conducted in a
public meeting but the applicants will be asked to wait outside until
their interview to provide a level playing field for all applicants;
Noting the hour, it was moved by Member Hockett and seconded by Member Nejedly, that
the meeting be extended to 7:30 p.m. There being no objection, the motion was
unanimously approved.
.
Interviews will be held on Saturday, May 17, 1997, beginning at
9:00 a.m. and scheduled every half hour;
.
All applicants will be interviewed if possible;
.
Interview times will be drawn by lot;
.
A letter will be sent to applicants advising them of their interview
time and letting them know that if they cannot make that time
accommodations will be made if possible;
.
A half-hour lunch break will be scheduled; and
.
Samples questions will be provided to applicants.
The Board asked that they be advised if more than 20 applications are
received in the event that it is necessary to conduct a paper screening
process as discussed at a previous Board Meeting.
4)
Members Nejedly and Menesini reported on the Ad Hoc Committee meeting
on the Process for Selecting Labor Counsel. A draft letter has been
provided for the Board consideration, seeking proposals for the services of
legal firms.
Mr. Aim, Counsel for the District, suggested that the sentence "It is
expected that the proposed attorney would be the primary individual who
would perform the work of Labor Counsel for the foreseeable future" be
added in the first paragraph at the top of page 2.
It was the consensus of the Board that the draft letter be approved with the
modification noted above.
9. BREAK
President Menesini declared a recess at the hour of 6:47 p.m., reconvening the meeting
at the hour of 6:52 p.m. with all parties present as previously designated.
10. ADMINISTRATIVE
a
AUTHORIZE $56.000 FROM SEWER CONSTRUCTION FUND FOR THE GENERAL
IMPROVEMENTS PROGRAM CONTINGENCY ACCOUNT AND AUTHORIZE
GENERAL MANAGER-CHIEF ENGINEER TO ALLOCATE $56.000 AND AUTHORIZE
AWARD TO OCTEL COMMUNICATIONS FOR VOICE MAIL SYSTEM UPGRADE
Following discussion of the limitations of the current voice mail system and the
advantages and characteristics of the proposed system, it was moved by Member Nejedly
and seconded by Member Boneysteele, that $56,000 be authorized from the Sewer
Construction Fund to the General Improvements Program Contingency Account, and that
aware of a purchase order be authorized in the amount of $56,000 to Octel
Communications for the Voice Mail System Upgrade. There being no objection, the
motion was unanimously approved.
05
01
97
134
b.
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE ALL
DOCUMENTS NECESSARY TO ACCEPT A NEGOTIATED COST SETTLEMENT OF
$1.167.250 PLUS APPLICABLE INTEREST FROM CAL TRANS FOR THEIR TAKING
OF 0.8 ACRES AT 1250 SPRINGBROOK ROAD. WALNUT CREEK. CALIFORNIA
Mr. Dolan, General Manager-Chief Engineer, stated that this has been the subject of many
Board presentations over the last five years. Staff has been working with CalTrans and
is now at the point where we can recommend settlement to the Board within the
parameters discussed.
It was moved by Member Boneysteele and seconded by Member Hockett, that the
settlement of $1,167,250, plus applicable interest, for the real property portion of the
Collection System Operations (CSO) Yard Renovation Project be approved and that the
General Manager-Chief Engineer be authorized to execute all applicable documents. The
motion was approved with Member Nejedly abstaining because he was not present during
much of the discussion on this matter during the past five years.
a.
11. COLLECTION SYSTEM
AUTHORIZE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT
WITH BRUGGER & McCORMICK INTERNATIONAL FOR $30.240 FOR THE FINAL
PHASE OF THE CSO LEADERSHIP DEVELOPMENT PROGRAM
Following explanation by Mr. Dolan, General Manager-Chief Engineer, and discussion of
the training to be provided and those who will receive the training, it vilas moved by
Member Boneysteele and seconded by Member Nejedly, that the General Manager-Chief
Engineer be authorized to execute an agreement with Brugger & McCormick International
in the amount of $30,240 for the final phase of the CSO Leadership Development
Program. There being no objection, the motion was unanimously approved.
12. HUMAN RESOURCES
APPROVE PERSONNEL BUDGET REQUESTS FISCAL YEAR 1997-1998
a,
Mr. Dolan, General Manager-Chief Engineer, stated that there have been no changes in
the proposed 1997-1998 Personnel Budget since it was reviewed in detail with the Board
in workshop session on March 4, 1997. If there are no questions, staff would
recommend approval at this time.
It was moved by Member Hockett and seconded by Member Boneysteele, that the
Personnel Budget for 1997-1998, identified as Items 1 through 10 in the position paper,
be approved for inclusion in the 1997-1998 District Budget. There being no objection, the
motion was unanimously approved.
13. APPROVAL OF MINUTES
a.
MINUTES OF ADJOURNED REGULAR MEETING OF APRIL 10. 1997
It was moved by Member Boneysteele and seconded by Member Nejedly, that the minutes
of the Adjourned Regular Meeting of April 10, 1997 be approved as presented. There
being no objection, the motion was unanimously approved.
b.
MINUTES OF REGULAR MEETING OF APRIL 17, 1997
It was moved by Member Nejedly and seconded by Member Hockett, that the minutes of
the Regular Meeting of April 17, 1997 be approved as presented. There being no
objection, the motion was approved with Member Boneysteele abstaining because he was
not present at the meeting of April 17, 1997.
05
01
97
135
14. APPROVAL OF EXPENDITURES
EXPENDITURE LIST DATED MAY 1. 1997
a.
It was moved by Member Boneysteele and seconded by Member Nejedly, that the
Expenditure List dated May 1, 1997, including Self-Insurance Check Nos. 101284-
101293, Running Expense Check Nos. 103068-103344, and Sewer Construction Check
Nos. 18317-18372, be approved as recommended. There being no objection, the motion
was unanimously approved.
15. BUDGET AND FINANCE
a.
APPROVE THE 1997-1998 EQUIPMENT BUDGET FOR INCLUSION IN THE 1997-
1998 DISTRICT BUDGET
It was noted that the proposed 1997-1998 Equipment Budget was reviewed in detail at
a Board Workshop on April 10, 1997.
It was moved by Member Boneysteele and seconded by Member Nejedly, that the 1997-
1998 Equipment Budget be approved for inclusion in the 1997-1998 District Budget to
be adopted on June 19, 1997. There being no objection, the motion was unanimously
approved.
Mr. Dolan, General Manager-Chief Engineer, stated that at the April 10, 1997 Board
Workshop on the proposed 1997-1998 Equipment Budget, questions were asked
concerning computer-related equipment. Due to the lateness of the hour, Mr. Dolan
suggested that a presentation be made at a future Board meeting. The Board agreed.
16. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None
17. ANNOUNCEMENTSISUGGESTIONS FOR FUTURE AGENDA ITEMS
A report of computer-related purchases included in the 1997-1998 Equipment Budget was
scheduled for the June 19, 1997 Board Meeting.
18. CLOSED SESSION
REAL PROPERTY NEGOTIATIONS
a.
The closed session scheduled to confer with the District's real property negotiators with
regard to the property located at 1250 Springbrook Road, Walnut Creek, California,
pursuant to Government Code Section 54956.8 was not held.
b.
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 Deputy General Manager Paul Morsen, Human Resources
Manager Cathryn Freitas, and labor Counsel Dan Clinton, and the pertinent employee
organizations are the Central Contra Costa Sanitary District Employees' Association Public
Employees' Local No.1 and the Management Support/Confidential Group.
At 7: 1 0 p.m., Member Hockett left the meeting.
At 7: 1 0 p.m., President Menesini declared the closed session to discuss labor negotiations
pursuant to Government Code Section 54957.6 as noted above. At 7:40 p.m., President
Menesini concluded the closed session and reconvened the meeting into open session.
05
01
97
136
19. REPORT OF DISCUSSIONS IN CLOSED SESSION
No decisions were made or votes taken in closed session that require reporting at this
time.
20. ADJOURNMENT
There being no further business to come before the Board, President Menesini adjourned
the meeting at the hour of 7:42 p.m.
-/t ~;, -4{, /¿ .~ ~
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
05
01
97