HomeMy WebLinkAboutBOARD MINUTES 03-17-94
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MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD ON MARCH 17, 1 994
The District Board of the Central Contra Costa Sanitary District convened in a regular
session at its regular place of meeting, 501 9 Imhoff Place, Martinez, County of Contra
Costa, State of California, at 1 :30 p.m. on March 17, 1994.
President Rainey called the meeting to order. The Secretary of the District noted the
attendance of the following Board Members.
PRESENT:
Members:
Menesini, Dalton, Hockett, Clausen, Rainey
ABSENT:
Members:
None
1. 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 salaries, salary schedules or compensation paid in the form of fringe benefits
of employees in order to review its position and instruct its designated representatives.
b.
EXISTING LITIGATION
The closed session was held to discuss existing litigation pursuant to Government Code
Section 54956.9(a). The title of the litigation discussed was Acme Landfill Corp. v.
Althin CD Medical, Inc., CCCSD, et ai, U.S. District Court No. C91-4268 SBA.
At 1 :30 p.m., President Rainey declared the closed session to discuss labor negotiations
pursuant to Government Code Section 54957.6 and existing litigation pursuant to
Government Code Section 54956.9(a). At 3:10 p.m., President Rainey concluded the
closed session and reconvened the meeting into open session.
2. ROLL CALL
PRESENT:
Members:
Menesini, Dalton, Hockett, Clausen, Rainey
ABSENT:
Members:
None
3. PUBLIC COMMENTS
None
4. AWARDS AND COMMENDATIONS
a.
RECEIVE RECOGNITION FROM WALNUT CREEK INTERMEDIATE SCHOOL (WCIS)
PARENT TEACHERS ASSOCIATION FOR THE CENTRAL SAN/WCIS ON SITE
EDUCATION PROGRAM
Member Hockett acknowledged staff for their diligent efforts in the On Site Education
Program with Walnut Creek Intermediate School (WCIS). This program not only integrates
academics into the work setting but also allows the District to get the pollution prevention
message out to our citizens. Member Hockett commended all those who contributed to
the success of the program including Shift Supervisor Steve Colberg, Chemist II Mary Lou
Esparza, Chemist II Pete Mendoza, Chemist II Jonalea Ostlund, Chemist II Pat Fisher,
Chemist II Sue Hasselwander, Senior Chemist Phil Snyder, Engineering Support Supervisor
Bill Clement, Engineering Technician III Pat Camorongan, Engineering Technician II Leslie
Chapman, Engineering Technician III Dennis Karaim, Engineering Technician II Beth
Maples, Engineering Technician II Gretchen Anastasi-Rowland, Engineering Technician II
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Deily Schwitters, Engineering Technician II Mohammad Wali, Source Control Coordinator
II Earlene Millier, Source Control Inspector II Roberta Peterson, Source Control Technician
Anne McLaurin, Training and Resource Technician Jane Parker, Assistant Engineer Paul
Sciuto, Maintenance Technician II Greg Walker, Shift Supervisor Mel Strong, Plant
Operator III Rick Higgs, Maintenance Technician II Mike Thornton, Maintenance Technician
III Randy Covey, Operations Safety Specialist Dave Albinus, Plant Operator III Phil
Huntsman, Staff Assistant Paulette Bruzzone, Public Information and Graphics Coordinator
Ken Grubbs, Public Information and Production Assistant Tim Tullis, Co-op Bill Bromann,
Co-op Mike Maeda, Co-op William Ng, Co-op Michael Tollas, Co-op Edwin Yu, and Co-op
Scott Bodensteiner.
Member Hockett complimented staff for their outstanding, personal efforts and stated
that a national scholarship fund has been established in the name of the District in
recognition of outstanding services to children and youth.
President Rainey joined Member Hockett in commending staff for their efforts and
commitment.
On behalf of the Environmental Alliance, Member Menesini expressed his appreciation to
Plant Operations Department Manager Charles Batts, Plant Operations Division Manager
James Kelly, Shift Supervisor Mel Strong, Chemist II Jonalea Ostlund, and Secretary of
the District Joyce Murphy, for their contributions in developing and providing an in-depth
study of sanitation processes, a review of regulations, and a comprehensive on-site
observation of plant facilities for a group of high school teachers enrolled in the U.C.
Berkeley Environment Across the Curriculum class. Member Menesini stated that this
program was funded through a grant from the Environmental Protection Agency.
5. CONSENT CALENDAR
It was moved by Member Dalton and seconded by Member Clausen, that the Consent
Calendar, consisting of Items a. and b., be approved as recommended, resolutions
adopted as appropriate, and recordings duly authorized.
a.
The President of the District Board of Directors and the Secretary of the
District were authorized to accept the Grant of Easement from Max Thomas
and Sherry D. Routson, Job 690, Parcel 5, Danville area, at a cost to the
District of $2,667.18, the recording of said Grant of Easement was
authorized, and Resolution No. 94-021 was adopted to that effect.
Motion unanimously approved on the following vote:
AYES: Members: Dalton, Clausen, Menesini, Hockett, Rainey
NOES: Members: None
ABSENT: Members: None
b.
The contract work for the Clyde, Fairview and Maltby Pumping Stations
Improvements Project, DP 4682, was accepted and the filing of the Notice
of Completion was authorized.
Motion unanimously approved on the following vote:
AYES: Members: Dalton, Clausen, Menesini, Hockett, Rainey
NOES: Members: None
ABSENT: Members: None
6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
None
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7. SOLID WASTE
a.
CONSIDER DRAFT LETTERS OPPOSING S 439 AND HR 1076. RELATING TO THE
INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID WASTE ACT OF 1993
Following discussion, it was the consensus of the Board that the draft letters opposing
S 439 and HR 1076, relating to the Interstate Transportation of Municipal Solid Waste
Act of 1993, be approved as amended.
a.
8. ENGINEERING
APPROVE AN AMENDED AGREEMENT WITH THE CITY OF WALNUT CREEK FOR
THE SEWER RELOCATION PROJECT AT SOUTH BROADWAY EXTENSION. DP
~
Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that the City of Walnut Creek
had some delays on their South Broadway Extension due in part to problems encountered
in acquisition of rights-of-way for the sewer and soundwall. The necessary rights-of-way
will be acquired by April and the City is now proceeding to advertise the project for bids.
Following discussion of negotiation of the cost sharing agreement between the City and
the District, it was moved by Member Dalton and seconded by Member Clausen, that an
amended agreement be approved with the City of Walnut Creek for the sewer relocation
at the South Broadway Extension, DP 4826, and that the President of the Board of
Directors and the Secretary of the District be authorized to execute said agreement.
There being no objection, the motion was unanimously approved.
a.
9. PERSONNEL
DENY APPEAL OF GRIEVANCE BY UNION ON BEHALF OF JAMES DESURNE.
ACCOUNTING TECHNICIAN II. AND DAVID ROLLEY. ACCOUNTING TECHNICIAN
III. IN ACCORDANCE WITH ARBITRATOR'S RECOMMENDATION
Mr. Dolan, General Manager-Chief Engineer, stated that the Board received a copy of the
arbitrator's recommendation. Staff would recommend that the Board deny the appeal of
grievance by the Union on behalf of Accounting Technician II James Desurne and
Accounting Technician III David Rolley in accordance with the arbitrator's
recommendation.
Mr. James Desurne, Accounting Technician II, addressed the Board requesting that the
Board deny management's request to dismiss the grievance and instead create a
committee to meet with employees to learn all the facts of this matter. Mr. Desurne
stated that the Accountant Trainee position was created and filled in secrecy prior to
Board approval. Mr. Desurne requested that the Board take disciplinary action against
management for unfairness, dishonesty, and gross mismanagement. Mr. Desurne stated
that he looks forward to meeting with Board Members in an effort to maintain high and
ethical standards.
Mr. David Rolley, Accounting Technician III, thanked the Board for the opportunity to
speak to this issue. Mr. Rolley stated that it is not an easy thing to file a grievance
against your employer; but in this case, he felt it was necessary. Mr. Rolley stated his
belief that the arbitrator ruled on a technicality in that the Accountant Trainee position
was not listed in the Memorandum of Understanding (MOU) between the District and the
Union because it was hastily created. The arbitrator's ruling has created a hole in the
MOU, giving management the right to negotiate separately to fill a position without
meeting with employees and following the procedures in the MOU. Mr. Rolley requested
that the Board look into this matter future before ruling on the grievance. Mr. Rolley
requested further that the Board Personnel Committee meet regularly with Union officials.
Mr. Rolley thanked the Board for their consideration.
President Rainey thanked Messrs. Desurne and Rolley for coming and for their input.
President Rainey stated that this item was reviewed by the Board Personnel Committee.
It was thought that this was a unique position and an opportunity to help avoid layoffs.
The arbitrator agreed.
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Discussion followed with respect to the role of the Board Personnel Committee in the
grievance process. Member Menesini expressed concern that the Board should deal with
overall principles but not become involved in the specifics usurping management's role
which Member Menesini stated would be counterproductive. The arbitrator's
recommendation seemed straightforward, but Member Menesini asked whether the
arbitrator selected and compensated by both parties, had gone astray in his assessment
of this matter. Mr. Rolley stated that the arbitrator's ruling has created a situation where
management can create positions and fill them to the exclusion of everyone else. Mr.
Rolley expressed concern with the impact of this ruling on the MOU and requested that
the Board consider that before ruling whether to accept the arbitrator's opinion.
Following discussion, it was moved by Member Clausen and seconded by Member Dalton,
that the appeal of grievance of the Union on behalf of Accounting Technician II James
Desurne and Accounting Technician III David Rolley be denied and dismissed in
accordance with the arbitrator's recommendation, as the final action of the District. The
motion was approved with Member Menesini abstaining because he did not have
sufficient information to make a decision.
10. CORRESPONDENCE
a.
NOTE RECEIPT OF LETTER DATED FEBRUARY 22. 1994 FROM SENATOR DIANNE
FEINSTEIN. THANKING THE BOARD FOR ITS VIEWS AND COMMENTS ON THE
SAN FRANCISCO BAY-DELTA ESTUARY PROJECT
Receipt of the February 22, 1994 letter from Senator Dianne Feinstein, thanking the
Board for its views and comments on the San Francisco Bay-Delta Estuary Project, was
noted.
b.
NOTE RECEIPT OF LETTER DATED MARCH 9.1994 FROM MR. ALVIN BONNETT.
DEVELOPMENT DIRECTOR OF ECUMENICAL ASSOCIATION OF HOUSING.
REQUESTING WAIVER OF HOOK-UP FEES FOR ALL AFFORDABLE PROJECTS
Following discussion, receipt of the March 9, 1994 letter from Mr. Alvin Bonnett,
Development Director of Ecumenical Association of Housing, requesting waiver of hook-
up fees for all affordable projects, was noted and staff was directed to draft a response
in accordance with previous Board policy.
11. APPROVAL OF MINUTES
a.
MINUTES OF MARCH 3. 1994
It was moved by Member Menesini and seconded by Member Hockett, that the minutes
of March 3, 1994, be approved as presented. There being no objection, the motion was
unanimously approved.
12. APPROVAL OF EXPENDITURES
a.
EXPENDITURE LIST DATED MARCH 17. 1994
Member Menesini, member of the Budget and Finance Committee, stated that he and
Member Dalton reviewed the expenditures and found them to be adequate and cost
effective.
It was moved by Member Menesini and seconded by Member Dalton, that the Expenditure
List dated March 17, 1994, including Self-Insurance Check Nos. 100809-100814,
Running Expense Check Nos. 80855-81121, and Sewer Construction Check Nos. 13883-
13925, be approved as recommended. Following discussion of the Lamb & Lamb
contract related to the District's Work Redesign effort, the motion was unanimously
approved.
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13. BUDGET AND FINANCE
a.
RECEIVE FEBRUARY 1994 FINANCIAL STATEMENTS
Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance
expenditures for the month of February 1994, noting that expenditures were $197,000
less than budget, representing an 8.8 percent favorable variance. For the eight months
ended February 1994, expenditures were $2.1 million less than budget representing an
11.8 percent favorable variance. Operations and maintenance revenues for the eight
months ended February 1994 were $16,941,000, virtually on budget.
Ms. Ratcliff reported that the District's temporary investments were held in Treasury bills
and Treasury notes and the District's Local Agency Investment Fund (LAIF) account with
interest rates ranging from 3.1 percent to 5.9 percent. The latest interest rate as of
February 1994 was 3.8 percent. The average yield for the LAIF account through January
1994 was 4.4 percent.
14. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None
1 5. REPORTS
a.
GENERAL MANAGER-CHIEF ENGINEER
1 )
Mr. Dolan, General Manager-Chief Engineer, stated that in late 1987, the
concept of implementation of an automated mapping/computer assisted
design drafting (AM/CADD) system was first discussed with the Board. By
the late 1980's the District was able to identify the preferred technologies.
An essential element for a viable mapping system, shared data bases
between utilities and local governments, became feasible in Contra Costa
County and District staff could see the long-term potentials of cost savings
and improved customer service. Mr. Dolan introduced Mr. Bill Clement,
Engineering Support Supervisor, who stated that the purpose of the
AM/CADD Project was to provide a cost effective, more efficient method
of recording and disseminating mapping information at the District. Mr.
Clement stated that maps are used by field crews, design engineers, and
the public. The Engineering Support Section is continually updating these
maps. The AM/CADD system is expected to provide:
.
More accurate and timely mapping information;
.
Increased production efficiency;
.
Map data modeling;
.
Rapid access;
.
Data sharing; and
.
In-house design.
Mr. Clement reported that the AM/CADD Project initial budget was
$1,585,1000. To date $1,190,759 has been expended. The project is on
budget. The remaining funds will be used for conversion of existing maps.
The conversion will include the County base maps, permit data, sewer
maps, assessor's database, and the District SMMS Sewer Maintenance
Scheduling data. Mr. Clement showed examples of AM/CADD applications.
Mr. Clement stated that the District is approaching the last phase of the
AM/CADD Project. Staff will return to the Board with a position paper
requesting authorization for a contract with a mapping data conversion
supplier. It is expected that the conversion project will be completed in the
next six months.
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4)
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Following discussion of conversion of existing maps and training, Mr. Dolan
stated that the capability, willingness, and interest of those in the
Engineering Support Section have been very gratifying. President Rainey
thanked Mr. Clement for the interesting and informative presentation.
2)
Mr. Dolan, General Manager-Chief Engineer, stated that the District
continues to place a very high value on continuing education and training.
As resources dwindle and challenges grow, figuring out how to do more
with less forces us to tap the most up-to-date knowledge available. Also,
the District wants to access the best bargains in training. These bargains
are often technical conferences held by not-for-profit professional/technical
societies where the speakers are not compensated. Concerns have been
raised about the cost-effectiveness of sending groups of employees to these
training events. Staff has analyzed the issue and considered ways to
optimize the training opportunity and minimize costs. Mr. Dolan introduced
Deputy Chief Engineer Robert A. Baker who stated that he had been
program chair of the California Water Pollution Control Association
(CWPCA) Conference a number of years ago. The CWPCA Conference is
an excellent training opportunity. This year the CWPCA Conference will be
held in Santa Clara. Nineteen employees were budgeted to attend at a cost
of $550 each. In an effort to minimize costs, van pools will be used and
lodging will be paid only if an employee is attending a breakfast meeting.
These efforts will reduce the cost per employee to approximately $200 for
three days of training. Mr. Baker stated that if the Board has no objection,
staff will proceed with rental of a van. The Board concurred.
3)
Mr. Dolan, General Manager-Chief Engineer, stated that he recently reported
the success of the joint Administrative/Engineering Department Task Force's
efforts to identify properties which have not been paying Sewer Service
Charge. Approximately $550,000 in annual revenue has been identified and
is being collected this year. To aid in the technical work of identifying
unbilled or underbilled customers, the District has employed four temporary
employees. We are now at a milestone. A preliminary estimate of
approximately $240,000 in undercharges for commercial customers for prior
years service has been made. The cost for temporary employees to assist
in this effort will be approximately $36,000 in salaries. Staff believes that
this is an appropriate expenditure and would recommend it. Following
discussion, it was the consensus of the Board that staff proceed with
identification and billing of undercharges for commercial customers.
Mr. Dolan, General Manager-Chief Engineer, stated that staff promised to
return to the Board with feedback on a two-year budget proposal. At the
staff level, the concept is attractive. However, there is still uncertainly with
regard to revenue because of the possible loss of ad valorem taxes. A great
deal of effort is being placed on control of expenditures and staff believes
that at least for the foreseeable future, the District should continue on a
one-year budget cycle. Staff will continue to look for ways to expedite the
process while providing full opportunity for Board direction and public
comment.
5)
Mr. Dolan distributed copies of the new backyard composting booklet. The
new booklet was patterned after books produced by Santa Barbara County.
Editorial improvements were made in some of the technical information at
Member Menesini's suggestion; also, local information was included so the
booklet better addresses Central Contra Costa.
6)
Mr. Dolan announced that as spring approaches a number of construction
projects are being readied for bidding. The District will be advertising for
the Aeration Basin Selector Project with an engineer's estimate of
$583,000; prequalification of suppliers for the Ultraviolet Disinfection
Project with a total project cost of $10 million; and the 1680/SR24 Sewer
Relocation Project with an engineer's estimate of $890,000. In addition,
the City of Walnut Creek will be advertising for work related to the South
Broadway Extension Project with an engineer's estimate of $1.2 million.
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7)
Mr. Dolan announced that work is proceeding on the proposed 1 994-1 995
Personnel Budget. No net new positions are proposed, but staff is
responding to human resource needs generated by computerization.
At 4:47 p.m., President Rainey declared a recess, reconvening at the hour of 4:52 p.m.
with all parties present as previously designated.
b.
c.
d.
COUNSEL FOR THE DISTRICT
1 )
Mr. Kenton L. Aim, Counsel for the District, provided an overview of the
1994 changes to the Brown Act, including definitions of key terms,
prohibitions on secret ballots, requirements related to recording and
broadcasting meetings, requirements relating to location of regular and
special meetings, limitation on discussion on non-agendaized items, the
public's opportunity to be heard, and closed session issues.
SECRETARY OF THE DISTRICT
1 )
Ms. Joyce E. Murphy, Secretary of the District, distributed copies of the
inPROGRESS solid waste newsletter for the Board's information.
2)
Copies of the revised 1994-1995 Budget Schedule were distributed.
BOARD MEMBERS
1 )
Member Clausen reported that the Central Contra Costa Solid Waste
Authority met on March 16, 1994, to review items to be included in a
Request for Proposals (RFP) for Solid Waste and Recycling Franchising
Options - Post 1996. The meeting was well attended and good input was
received. A draft RFP will be prepared and circulated for comment.
2)
President Rainey reported that she, Member Hockett, and Mr. Dolan
attended a special district workshop on March 5, 1994, at which AB 1335,
the proposed rules and regulations governing special district representation
on Local Agency Formation Commission (LAFCO), and election of special
district representatives to LAFCO were discussed.
16. ANNOUNCEMENTS
President Rainey thanked General Manager-Chief Engineer Roger Dolan, Plant Operations
Department Manager Charles Batts, and Planning Assistant Russ Leavitt for the
presentation and tour they recently conducted for representatives from other agencies.
Member Dalton left the meeting at the hour of 5:35 p.m.
17. CLOSED SESSION
a.
EXISTING LITIGATION
The closed session was held to discuss existing litigation pursuant to Government Code
Section 54956.9(aL The title of the litigation discussed was Acme Landfill Corp. v.
Althin CD Medical, Inc., CCCSD, et ai, U.S. District Court No. C91-4268 SBA.
At 5:35 p.m., President Rainey declared the closed session to discuss existing litigation
pursuant to Government Code Section 54956.9(a). At 6:24 p.m., President Rainey
concluded the closed session and reconvened the meeting into open session.
18. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION
Mr. Kenton L. Aim, Counsel for the District, stated that no action was taken in closed
session requiring public announcement at this time.
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19. ADJOURNMENT
There being no further business to come before the Board, President Rainey adjourned the
meeting at the hour of 6:24 p.m.
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Se r a of the Central Co a
Cos Sanitary District, County of
Contra Costa, State of California
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