HomeMy WebLinkAboutBOARD MINUTES 03-05-81
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MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD
OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD MARCH 5, 1981
The District Board of the Central Contra Costa Sanitary District
convened in a regular session at its regular place of meeting, 1250
Springbrook Road, Walnut Creek, County of Contra Costa, State of California,
on March 5,1981 at 7:30 p.m.~
President pro tem Stanley (appointed at the last regular meeting)
called the meeting to order and requested the Secretary to call roll.
I.
ROLL CALL
PRESENT: Members:
ABSENT: Member:
Carlson, Boneysteele, Dalton and Stanley
Campbell
President Campbell had indicated at a previous meeting that he
would be unable to attend this meeting due to a conflicting business
engagement.
II. APPROVAL OF MINUTES
MINUTES OF THE MEETING OF JANUARY 8,1981
1.
The minutes of January 8, 1981 were approved as presented.
III.
EXPENDITURES
Members Boneysteele and Dalton advised that they had reviewed the
expenditures for March 5, 1981 and found them to be satisfactory.
After discussion, it was moved by Member Boneysteele, seconded by
Member Dalton, that Running Expense Warrant Nos. 14630-14833 and Sewer
Construction Warrant Nos. 1347-1365, be approved. Motion carried by the
fo 11 owi ng vote:
AYES: Members: Carlson, Boneysteele, Dalton and Stanley
NOES: Members: None
ABSENT: Member: Campbell
IV.
CONSENT CALENDAR
After discussion, it was moved by Member Boneysteele, seconded by
Member Carlson, that items 1 through 3 be approved, adopt appropriate
resolutions and authorize their recording where applicable.
1.
Acceptance of easements at no cost to the District, adoption of
respective resolutions and authorize recording.
Grantee
Area
Job No.
Parcel
Res No.
a. Ins. Assoc. of No. Calif. Walnut Crk
b. Civic II Investors Walnut Crk
c. W. E. Douglas, et ux Pleasant Hill
d. Security Owners Corp. Martinez
3491
3491
3496
3488
1
2
1
2
81-42
81-43
81-44
81-45
2.
Authorize Quitclaim of easments within Lots 22 & 33, Subd. 4894, Danville
area, Job 1712, Parcel 32, Resolution Nos. 81-46 and 81-47
Authorize $1,200 for aerial photographs to complete mapping of Kiewit
Property.
3.
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members: Carlson, Boneysteele, Dalton and Stanley
Members: None
Members: Campbell
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V.
ADMINISTRATIVE
1.
APPROVE AGREEMENT WITH CONTRA COSTA COUNTY WATER DISTRICT FOR
FURNISHING WATER CONSUMPTION INFORMATION
After explanation by Mr. Dolan, GM-CE, it was moved by Member
Dalton, seconded by Member Boneysteele, that the agreement with Contra
Costa County Water District for furnishing water consumption information
concerning non-residential customers for the purpose of computing Central
San's environmental quality charges, be approved and that the President
and Secretary of the District be authorized to execute said agreement.
2.
CONSIDER AUTHORIZATION FOR PA 81-5 TO BE INCLUDED IN NEXT FORMAL
ANNEXATION TO THE DISTRICT
Mr. Dolan, GM-CE, informed that Central San, along with other
affected agencies, has submitted a letter to the County outlining its
position in regard to sharing of tax increments. To date, the County has
not replied or given any evaluation to the submitted proposal.
Discussion followed wherein the Board suggested that applicants
requesting annexation should be advised of the existing situation with
the County and that the District should enlist their support in resolving
the tax issue. It was the consensus of the Board that any action on
the pending annexations be deferred to the second Board meeting in
Apri 1.
Mr. Dolan indicated to the Board that a letter will be sent to the
applicants explaining the reason why the annexation process is being
delayed and he will be holding a meeting with the County in mid March
to discuss the tax sharing problem.
3.
ACCEPT 1980 ANNUAL SELF-MONITORING PROGRAM REPORT
Mr. Dolan, GM-CE, explained that the report indicates that all
effluent requirements for 1980 have been met with the exception of 15
non-zero chlorine residual tests.
After further discussion, it was moved by Member Carlson, seconded
by Member Dalton, that the Board of Directors accept the 1980 Annual Self-
Monitoring Program Report. Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Carlson, Boneysteele, Dalton and Stanley
None
Campbell
4.
ADOPT A RESOLUTION ESTABLISHING A NEW ORDER OF BUSINESS FOR
DISTRICT BOARD MEETINGS
Mr. Hopkins, Secretary of the District, advised that it has become
apparent that additional headings are needed on the Board Agenda in
order to properly categorize items of business. Therefore, staff is
proposing to add three additional heading. items entitled ENGINEERING,
WATER POLLUTION CONTROL PLANT and COLLECTION SYSTEM.
After discussion, it was moved by Member Boneysteele, seconded by
Member Carlson, that a resolution establishing a new order of business
for District Board meetings be adopted. Resolution No. 81-48. Motion
carried by the following vote:
AYES:
NOES:
ABSENT:
Carlson, Boneysteele, Dalton and Stanley
None
Campbell
Members:
Members:
Member:
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VI.
BUDGET AND FINANCE
1.
APPROVAL OF BILL FOR LITIGATION SERVICES (CROSBY, HEAFEY, ROACH & MAY)
Mr. Dolan, GM-CE, requested that this item be discussed in closed
session prior to Board action. Board members voiced no objection to the
request.
VI I.
CAPITAL IMPROVEMENTS
1.
APPROVE AGREEMENT WITH WASTE & WATER INTERNATIONAL FOR ENGINEERING
SERVICES FOR RENOVATION OF DISTRICT PUMPING STATIONS DSP 3431 &
3433, AUTHORIZE EXECUTION OF THE AGREEMENT AND AUTHORIZE $54,300
FOR COST OF ENGINEERING
Mr. Dolan, GM-CE, advised that proposals have been received from
several engineering firms for engineering services necessary for renovation
work at the Lower Orinda and Martinez Sewerage Pumping Stations.
Mr. Jay McCoy, Collection System Engineering and Services Division
Manager, has negotiated a contract with Waste and Water International
for engineering services for the subject renovation projects, at a fixed
lump sum cost of $48,300, which will not be exceeded unless the scope
identified in the agreement is changed. The contract has been reviewed
by District Counsel. The District's anticipated cost associated with
the renovation projects will be $6,000. Total estimated cost of the
entire renovation work is between $250,000-$350,000.
After discussion, it was moved by Member Dalton, seconded by Member
Boneysteele, to approve the agreemrènt with Waste and Water International
for engineering services for renovation of District Pumping Stations,
DSP 3431 and DSP 3433, and that the President and Secretary be authorized
to execute said agreement and that $54,300 be authorized for Engineering
costs relating to the pump station renovation work. Motion carried by
the following vote:
AYES:
NOES:
ABSENT:
Members: Carlson, Boneysteele, Dalton and Stanley
Members: None
Member: Campbell
2.
APPROVE SOLIDS CONDITIONING BUILDING REPAIRS, PROJECT 3330-PHASE I
Mr. Dolan, GM-CE, explained that as a result of the Boiler Room
explosion in September 1979, extensive damage occurred to the west wall
of the Solids Conditioning Building. Plans and specifications for
necessary repair work have been completed with an estimated project cost
of $100,000 and the project is ready to be advertised for bids.
After discussion, it was moved by Member Dalton, seconded by Member
Carlson, that the Secretary of the District be authorized to advertise
for and accept bids for Project No. 3330, Solids Conditioning Building
Repairs, Phase I. Motion carried by the following vote:
AYES: Members: Carlson, Boneysteele, Dalton and Stanley
NOES: Members: None
ABSENT: Member: Campbell
VI I I. REAL PROPERTY
1.
AUTHORIZE EXECUTION OF RIGHT OF WAY CONTRACT - STATE HIGHWAY WITH
CALTRANS FOR FRONTAGE ROAD ACROSS PLANT SITE
After explanation by Mr. Dolan, GM-CE, and Board discussion, it was
moved by Member Dalton, seconded by Member Boneysteele, that the President
and Secretary be authorized to execute a Right of Way Contract-State
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Highway with the State of California, Department of Transportation, and
a Grant Deed for the Frontage Road across the District's Treatment Plant
site and a resolution adopted to that effect. Resolution No. 81-49.
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Carlson, Boneysteele, Dalton and Stanley
None
Campbell
IX.
PERSONNEL
1.
APPROVE ACTIONS CONCERNING REDUCTIONS IN WORK FORCE OF LITIGATION
SUPPORT UNIT OF CONSTRUCTION SERVICES DIVISION PURSUANT TO BOARD
ACTION OF FEBRUARY 5, 1981
Mr. Dolan, GM-CE, explained that at the meeting of February 5, the
Board authorized staff to meet and confer with the Employees Association
concerning reduction of force in the litigation support unit. The
authorized Board Representatives met and conferred with the Employees'
Association and has made the following recommendations:
1. That Donal Gallagher, because of his seniority, be offered the
one authorized Permanent-Intermittent Construction Technician (Claims
Analyst) position.
2. That, the remaining three P.I. Construction Technician (Claims
Analyst) positions be eliminated pursuant to adoption of the recommendation
for staffing of the Construction Services Division and that the affected
employees, Messrs. Peter Filipovich, Donald Risden and Eugene Mello be
notified of their termination.
3. That, the position of P.I. Supervising Clerk Typist and six
P. I. Clerk Typist II positions be eliminated, pursuant to adoption of
the recommendations for staffing of the Construction Services Division,
and it is recommended that Ms. Baumgartner and Ms. Cappucini, the two
most senior members of the affected clerical support group, be offered
the currently vacant permanent Clerk Typist II positions at the District,
that Ms. Cappucini retain her current level of compensation; and that
Ms. Baumgartner be offered the E salary step of the range applicable to
the Clerk Typist II classification.
r1s. Sweeney be offered a temporary Clerk Typist I/II position in the
Collection Systems Operations Department at an hourly rate equivalent to
her current level of salary compensation; and that Ms. Gerber and Ms. Page
be offered temporary clerical appointments at an hourly rate of $5.50.
These two positions are currently occupied by seasonal help employees.
4. Subsequent to Board action, each employee should receive an executed
copy of the letter of notification.
5. Pursuant to the meet and confer meetings concerning the effects of
the layoff, the authorized Board representatives also recommend that the
District offer any current or future temporary appointments to affected
employees if they meet the qualification and experience requirements of the
position. This recommendation exceeds the District's obligation to offer
employment to laid off employees pursuant to District Code Section 4-502.
President pro tem Stanley asked if there were any questions from the
Board. There were none. He then asked for any questions from the audience.
Mr. Don Risden, President of the Employees' Association, addressed the
Board stating that under the Meyers-Milias-Brown Act, it is required that
a notice be given to the Employees' Association on any fixed budget item.
No such notice was given to the Employees' Association. Therefore, the
Board action of February 5, 1981 was illegally drawn.
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It was the consensus of the Board that a closed session be held at the
end of the meeting to further discuss the matter.
x.
ITEMS LATE FOR THE AGENDA
APPOINTMENT OF THE FIRM OF CORBETT KANE & BERK TO REPRESENT THE
DISTRICT IN PERSONNEL MATTERS
1.
After explanation by Mr. Dolan, GM-CE, it was moved by Member Carlson,
seconded by Member Dalton, that the firm of Corbett Kane & Berk be appointed
to serve as Special Counsel to the District to represent the District in
personnel related matters and to act as authorized District Board representatives
in meet and confer sessions with the Employees' Association and that a
resolution be adopted to that effect. Resolution No. 81-50. Motion
carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Carlson, Boneysteele, Dalton and Stanley
None
Campbell
2.
BOARD AUTHORIZATION TO PROVIDE LIFE INSURANCE COVERAGE FOR
THE MANAGEMENT GROUP EQUAL TO TWO TIMES THEIR ANNUAL SALARY
Mr. Dolan, GM-CE, explained that in light of the adjusted life
insurance plan for District non-management employees, the managers are
requesting that the life insurance coverage for the management group be
modified to equal twice the management employees annual salary. Mr.
Dolan asked that if granted by the Board, this benefit be extended to
cover the District Counsel and General Manager-Chief Engineer.
After discussion, it was moved by Member Boneysteele, seconded by
Member Carlson, that a resolution be adopted modifying the life insurance
benefit for the management group, District Counsel and General Manager-
Chief Engineer to increase individual coverage to an amount equal to
twice their annual salary, with the understanding that each person will
be liable for income tax on the amount of premium paid for their respective
coverage in excess of the amount required to purchase $50,000 (legal
limit) coverage. Resolution No. 81-51. Motion carried by the following
vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Carlson, Boneysteele, Dalton and Stanley
None
Campbell
3.
LETTER FROM EMPLOYEES' ASSOCIATION REGARDING OXICON STUDY
The Employees' Association has requested a Meet and Confer session
to discuss the Oxicon Study relating to personnel. Mr. Carniato,
District Counsel, advised that it would be inappropriate to meet and
confer on this item until the report is received from Oxicon and reviewed
by the Board.
Mr. Risden, President of the Employees' Association, commented that
this is another item on which the Board has been unresponsive. Member
Carlson replied that he did not appreciate the remark and that it has
been stated in open session by District Counsel that the report has not
been received.
XI.
INFORMATION
1.
LETTER FROM DARRELL G. JENSEN, RETIRED EMPLOYEE
Board Members reviewed Mr. Jensen's request that the District's
dental plan, which was adopted in 1973, be expanded to include employees
who retired previous to that date. Board members requested staff to
check into the matter.
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2.
LETTER FROM D. W. YOUNG, PROJECT 3272
Board Members reviewed the correspondence from D. W. Young Construction,
Co., Inc. concerning Project 3272.
Mr. Carniato advised that EPA had taken an action with rega~d to
D. W. Young's protest of the rejection of all bids for constructlon of the
project. He indicated that he would provide the Board with a written report
explaining the action and citing the reasons and appurtenant facts. He
suggested that the matter be considered the second meeting in March.
XI I.
REPORTS
1.
GENERAL MANAGER-CHIEF ENGINEER
a. Mr. Dolan advised that the Kennedy/Jenks Report regarding
chlorination and dechlorination safety was scheduled to be placed on
this meeting's agenda. However, the item was held over pending investigation
of a new alternative in the chlorination process developed by the Plant
Operations Department. Staff has requested Kennedy/Jenks to conduct an
investigation and incorporate the findings in their report.
b. Staff has received a request for a garbage rate increase with
an effective date of April 1, 1981, from Valley Disposal, Lafayette
Disposal and Diablo Disposal companies. Orinda/Moraga Disposal Company
will also be submitting a request for rate increases with the same
effective date. Due to the time frame involved in reviewing the requests,
it is probable that it will be necessary to engage an outside firm to
prepare an analysis of the proposed rate increases.
c. Mr. Dolan advised that Dr. Weddle, Deputy Engineer, and Mr.
John Larson, Sr. Engineer, will be meeting with Wegman Engineers in New
York City to inspect a garbage to energy project. He indicated that it
would be appropriate to have them also inspect one or two phostrip
plants at that time if arrangements can be made. -
2.
COUNSEL FOR THE DISTRICT
a. Mr. Carniato advised that he would be discussing the Olafson
Condemnation at the adjourned meeting of March 9, 1981.
b. Mr. Carniato advised that Valley, Diablo and Lafayette,
Disposal companies propose to combine into a single franchise. He will
discuss the effect such a merger would have on the garbage rates at a
future meeting.
3.
SECRETARY
None
4.
COMMITTEES
None
XII I.
MATTERS FROM THE FLOOR
a. Mr. Don Risden, President of the Employees Association, asked
if the Board Meeting on March 9, would be held in open session.
Mr. Carniato, District Counsel, replied that the adjourned meeting
scheduled for March 9, is an open meeting, but it is basically called
for the purpose of discussing matters pertaining to litigation which
will be conducted in closed session. The subject of the Olafson condemnation
would be discussed in open session.
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XIV.
CLOSED SESSION
At 8:55 p.m., President Pro Tem Stanley stated that the Board was
going into closed session to discuss the statement from Crosby, Heafey,
Roach and May for litigation services, potential litigation, litigation
and personnel matters and declared a closed session.
At 9:50 p.m., President Pro Tem Stanley concluded the closed session
and reconvened in open session.
Mr. Carniato reported that the Board in closed session discussed
litigation expenses and methods of review, personnel matters in terms of
reduction of the work force in the Litigation Support Unit, and Mr. Ken
Barker, Construction Division Manager, discussed an item pertaining to
potential litigation.
It was moved by Member Boneysteele, seconded by Member Carlson,
that the statement from Crosby, Heafey, Roach and May for litigation
services in the Peterson/Simpson vs. CCCSD matters be approved. Motion
carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Carlson, Boneysteele, Dalton and Stanley
None
Campbell
It was moved by Member Carlson, seconded by Member Boneysteele,
that the staff recommendation regarding reductions in the work force of
the litigation support unit of the Construction Services Division pursuant
to the Board Action of February 5, 1981 be approved as follows:
1. Donal Gallagher, because of his seniority, be offered the one
authorized Permanent-Intermittent Construction Technician (Claims Analyst)
position.
2. The remaining three Permanent-Intermittent Construction Technician
(Claims Analyst) positions be eliminated pursuant to adoption of the
recommendation for staffing of the Construction Services Division and
that Messrs. Peter Filipovich, Donald Risden and Eugene Mello be notified
of their termination.
3. The position of Permanent-Intermittent Supervising Clerk Typist
and six Permanent Intermittent Clerk Typist II positions be eliminated,
pursuant to adoption of the recommendations for staffing of the Construction
Services Division, and it is recommended that Ms. Baumgartner and
Ms. Cappucini, the two most senior members of the affected clerical support
group, be offered the currently vacant permanent Clerk Typist II positions
at the District; that Ms. Cappucini retain her current level of compensation;
and that Ms. Baumgartner be offered a salary at the E step of the salary
range applicable to the Clerk Typist II classification.
Ms. Sweeney be offered a temporary Clerk Typist I/II position in
the Collection System Operation at an hourly rate equivalent to her
current level of salary compensation; and that Ms. Gerber and Ms. Page
be offered temporary appointment to clerical position currently occupied
by seasonal help employees, at an hourly rate of $5.50.
4. Subsequent to Board action, each employee should receive an
executed copy of the letter of notification.
5. Pursuant to meet and confer meetings concerning the effects of
the layoff, the authorized Board representatives also recommend that the
District offer any current or future temporary appointments to employees
affected by this layoff if they meet the qualification and experience
requirements of the position. This recommendation exceeds the District's
obligation to offer employment to laid off employees as established by
District Code Section 4-502. Motion carried by the following vote:
AYES: Members: Carlson, Boneysteele, Dalton and Stanley
NOES: Members: None
ABSENT: Member: Campbell
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XV. ADJOURNMENT
At 9:53 p.m., President Pro Tem Stanley adjourned the meeting to
7:30 p.m. on March 9, 1981.
I'
Pre dent Pro Tem of the istrict Board
of the Central Contra sta Sanitary
District, County of Co ra Costa,
State of California
COUNTERSIGNED:
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