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HomeMy WebLinkAboutBOARD MINUTES 08-06-81 1954 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON AUGUST 6,1981 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 August 6,1981 at 7:30 p.m. I. ROLL CALL President Campbell called the meeting to order and requested the Secretary to call roll: PRESENT: Members: Carlson, Boneysteele, Dalton, Stanley and Campbell ABSENT: Members: None II. APPROVAL OF MINUTES MINUTES OF THE MEETING OF JUNE 11, 1981 1. 2. MINUTES OF THE MEETING OF JUNE 18,1981 MINUTES OF THE MEETING OF JULY 2,1981 3. After discussion, it was moved by Member Boneysteele, seconded by Member Dalton, that the minutes of June 11, June 18, and July 2, 1981 be approved with the following corrections: In the minutes of June 18, 1981, under IIIII. BIDS AND AWARDS, la. REPORT BIDS FOR DISTRICT PROJECT NOS. 3429, 3430 AND 3435 CHEMICAL INJECTION SYSTEM FOR FAIRVIEW, MALTBY AND MORAGA PUMP STATIONS", in the first sentence, after the word IIcontract, insert the following phrase: lito Wilson Pacific Construction Companyll In the minutes of July 2, 1981, under IIXI. PERSONNEL, 2. REPORT FROM BOARD REPRESENTATIVES REGARDING STATUS MEET AND CONFER MEETINGS WITH P1PLOYEES' ASSOCIATION IN CLOSED SESSIOW', in the first sentence of - tf"eparagraph, delete the words "onlll and lIalsoll. Under IIVIII. ENGINEERING, 1. AUTHORIZE $14,850 FROM THE SEWER CONSTRUCTION FUND FOR INTERIM MODIFICATIONS TO THE ODOR CONTROL SYSTEM AT THE TREATMENT PLANTII, in the first sentence insert the word "newll before IIhypochloritell; and Under IIXIII. REPORTS, 1. GM-CE, bll, change the last sentence of the second paragraph to read as follows: IIAlso the cost of liquid chlorine or Sulphur Dioxide (S02) is extremely high.1I Motion was unanimously approved. III. EXPENDITURES Members Boneysteele and Dalton, members of the Budget and Finance Committee, indicated that they had reviewed the expenditures for August 6,1981 and found them to be satisfactory. It was moved by Member Boneysteele, seconded by Member Dalton, that Running Expense Warrant Nos. 16065-16068, 16153-16184, 16401, 16412- 16609,16656-16722,17201-17222,17234-17251, 17254-17256 and 17263; Sewer Construction Warrant Nos. 1543-1584,3849-3866, and 3871; and Payroll Voucher Nos. 1700-1707 and 9208265-9208512, be approved. Motion was unanimously approved. " \,.ç~ (If,...., ',-" t';' L- , ',i,.~....: ~ '.,.~f .8'1 1955 08 IV. CONSENT CALENDAR After Board and staff discussion, it was moved by Member Dalton, seconded by Member Stanley that Items 1 through 8 be approved, necessary resolutions adopted, and their recording authorized where applicable. 1. Accept easements granted at no cost to the District, adopt respective resolutions and authorize their recording. Grantee Area Parcel No. Res. No. Job No. a. E. W. D'Atri, et ux Martinez 3548 1 81-130 b. K. Fasbender, et ux Walnut Creek 3547 2 81-131 c. W. J. Selby, et ux Walnut Creek 3547 3 81- 132 d. J. L. Hirsch, et ux Danville 3554 1 81-133 e. J. L. Hirsch, et ux Danvi 11 e 3554 2 81- 134 f. R. D. Wood Ma rt i nez 1818 6 81-135 g. McKeon Const. San Ramon 3506 3 81-136 h. Moraga Enterprises, etal Moraga 3127 4&5 81-137 i. Moraga Enterprises, etal Moraga 3127 6 81- 138 j. Moraga Enterprises, etal Moraga 3127 7 k. Moraga Enterprises, etal Moraga 3017 1 81-140 1. Moraga Enterprises, etal Moraga 3017 2&3 81-141 2. Authorize execution of Consent to Dedication to Contra Costa County, 51 p.m. 28 (Job 1593, Parcel 14). Resolution No. 81-142. 3. Authorize execution of Consent to Dedication to Contra Costa County, 40 p.m. 14 (Job 1574-Parcel 24). Resolution No. 81-143. 4. Authorize execution of Consent to Dedication to Contra Costa County, 40 p.m. 25 (Job 116-Parcel 4). Resolution No. 81-144 5. Authorize execution of Consent to Dedication to Contra Costa County, 41 p.m. 30 (Jab 1592-Parcel 32 and Job 1482-Parcel 2). Resolution No. 81-145. Authorize PA 81-17 (Martinez area), PA 81-18 (Danville area) and PA 81-19 (Walnut Creek area) to be included in a future formal annexation to the District. 6. 7. Adopt a Resolution Re-initiating Proceedings to Formally Annex District Annexation No. 73 as previously initiated. Resolution No. 81-146. 8. Authorize initiation of proceedings to formally annex 10 separate areas under the title of District Annexation 76. Resolution No. 81-147. Motion was unanimously approved. President Campbell asked if there were any requests to take agenda items out of order. There were none. V. ENGINEERING 1. AUTHORIZE AN ADDITIONAL $2,000 TO CONCLUDE PROJECT NO. 3399, BACKUP CAKE PUMP After explanation by Mr. Dolan, GM-CE, and discussion, it was moved by Member Dalton, seconded by Member Stanley, that authorization of an additional $2,000 for the Backup Cake Pump Project No. 3399 be approved. Motion was unanimously approved. 2. CONSIDER A REVISED PRETREATMENT (SOURCE CONTROL) ORDINANCE (NO. 147) Mr. Dolan, GM-CE, explained that the Regional Board requires all dischargers in the San Francisco Bay Region to develop pretreatment programs reflecting the new Federal Pretreatment Guidelines. Prior to adoption of the Ordinance, a hearing should be held in order to provide an opportunity for comments from the public. 06 81 1956 J Mr. McCoy, Collection System and Services Division Manager, advised that copies of the draft Pretreatment Ordinance have been sent to the industrial users. One comment has been received thus far expressing opposition to the ordinance. Mr. Carniato, District Counsel, indicated that the City of Concord is presently reviewing the Ordinance. Additional language will be drafted to the Ordinance defining the Districtls responsibilities for enforcement of violations should the City of Concord fail to do so. After discussion, it was moved by Member Stanley, seconded by Member Dalton, that a public hearing on the Pretreatment Ordinance be set for August 27,1981. Motion was unanimously approved. AUTHORIZE $5,000 FOR SOIL STUDY AND PRELIMINARY DESIGN FOR REPAIR TO 8" SEWER IN EASEMENT, BELOW KNOX DRIVE IN LAFAYETTE, DSP 3572 3. After explanation by Mr. Dolan, GM-CE, it was moved by Member Stanley, seconded by Member Dalton, to authorize $5,000 for soil study and preliminary design for repair of damaged 811 sewer in easement, below Knox Drive in Lafayette, DSP 3572. Motion was unanimously approved. VI. WATER POLLUTION CONTROL AUTHORIZE $361,985 FOR CLAIMS ADMINISTRATION OF PROJECT 5A-I (C-06-0696-010 STEP 3) 1. Mr. Niles, Deputy General Manager, explained that the Board at its meeting of December 6,1979 had authorized $350,000 for this account. As of June 30,1981, a total of $611,985 had been expended on the 5A- I Project Claims Administration. Therefore, an additional authorization of $361,985 is being requested to balance the account. After discussion, regarding claims administration costs, it was moved by Member Boneysteele, seconded by Member Carlson, to authorize $361,985 in additional funds for Account No. 52000.16 to cover District expenses in connection with the 5A-I Claims Administration. Motion was unanimously approved. VI I. BUDGET AND FINANCE 1. CONSIDER THE ESTABLISHMENT OF FEES FOR USE OF DISTRICT LAND BY THE TOWN OF MORAGA FOR PARK PURPOSES Mr. Dolan, GM-CE, explained that the Town of Moraga has requested the use of a portion of a District property at the intersection of St. Mary's Road and Moraga Road for parking facilities and other improvements to serve a proposed park called Moraga Common. Mr. McCoy, Collection System and Services Division Manager, stated that the installation of the improvements does not pose a major problem to the District. However, it will be necessary for the District to process a permit to the Town of Moraga providing for the installation of such improvements on District property. Processing of said permit will result in an expense of approximately $150 to the District. If at a future date it becomes necessary for the District to distribute the proposed improvements in the subject property, the Town of Moraga will bear the responsibility for any replacement cost. After discussion, it was moved by Member Carlson, seconded by Member Dalton, that permission be granted to the Town of Moraga to use a portion of the District property for facilities associated with the Moraga Common Park without charge to the Town, except for the $150 permit processing cost. Motion was unanimously approved. ~< '~" i' ~*'~ 08 (j(j 81: ---------. 1957 2. APPROVE BILLS FOR PROFESSIONAL LEGAL SERVICES Mr. Dolan, GM-CE, requested that the Board defer approval of the bills for legal services until they have been reviewed in closed session. Board Members voiced no objection to the request. VIII. PERSONNEL 1. APPOINT LAWRENCE PAUL MORSEN TO THE POSITION OF ADMINISTRATIVE DEPARTMENT MANAGER, EFFECTIVE AUGUST 1, 1981 After explanation by Mr. Dolan, GM-CE, it was moved by Member Stanley, seconded by Member Carlson, that Mr. Lawrence Paul Morsen be appointed to the position of Adminstrative Department Manager effective August 1, 1981 and a resolution be adopted to that effect. Resolution No. 81-148. Motion was unanimously approved. 2. APPROVE TERMINATION OF EMPLOYMENT OF THOMAS ECKERT, MAINTENANCE TECHNICIAN I After explanation by Mr. Dolan, GM-CE, it was moved by Member Carlson, seconded by Member Stanley, that the employment of Mr. Thomas Eckert, Maintenance Technician I, by the District be terminated effective August 6, 1981 in accordance with Chapter 4, Section 603, of. the District Code. Motion was unanimously approved. 3. CONSIDER DISTRICT POLICY ON OVERTIME PAY FOR MANAGEMENT PERSONNEL Mr. Dolan, GM-CE, advised that the question regarding the District's policy concerning overtime compensation for District Management Personnel has become an issue. In accordance with a Memordandum dated May 8, 1963, Department Heads shall not receive any overtime compensation unless such compensation is specifically authorized or overtime work is especially ordered by the General Manager-Chief Engineer, and in such cases compensation would be based on straight time pay. It was Mr. Dolanls understanding that at the time Department Head was the lowest Management position. Also, Associate Engineer was the highest non- management position. Since that time higher non-management positions have been added and lower management positions have been added. The; terms of the 1963 policy statement have been uniformly applied to all management personnel. An issue has now been raised as to the appropriateness of this interpretation application. Member Dalton explained that although titles of management personnel have changed since the inception of the memo, the intent of the memo remains the same and it can logically be interpreted to include currently defined Management Personnel. Mr. Ken Barker, Construction Division Manager, addressed the Board regarding the overtime issue. He based his request for overtime compensation on the premise that his case was an unusual situation resulting from what he stated was the management of two "divisionsll (Construction "Division" and now defunct Construction Litigation Support IIDivisionll). The excessive workload connected with the running of these two IIdivisions" prompted many hours of overtime on his part. It is therefore Mr. Barker's contention that special consideration should be given to his grievance regarding the issue of overtime compensation. After Board and staff discussion, it was moved by Member Stanley, seconded by Member Carlson, that the memorandum of May 8, 1963 defining the District Policy on Overtime and Standby Compensation be reaffirmed and expanded to include currently defined management positions as set forth in Chapter 4, Section 4-409 of the District Code. Motion was unanimously approved. 9ft ~~ ~~ yo*; ~.J 1958 4. AUTHORIZE IN THE SPECIAL PROJECTS ENGINEERING DIVISION, DELETION OF ONE ASSISTANT ENVIRONMENTAL ENGINEERING POSITION AND THE CREATION OF ONE ASSOCIATE ENGINEER POSITION Dr. Clark Weddle, Deputy Chief Engineer, explained that the existing projects in the Special Projects Engineering Division require the expertise and knowledge of a higher level classification than that of an Assistant Environmental Engineer. Failure to properly coordinate and manage the work would result in costly delays. There are sufficient funds in the budget to cover the cost of this position change. After discussion, it was moved by Member Stanley, seconded by Member Carlson, to delete the one existing Assistant Environmental Engineer position in the Special Projects Engineering Division and authorize the creation of one new Associate Engineer (Environmental) position in the Division. Motion was unanimously approv~d. Board Members requested that they be provided with updated organizational charts when these changes are made so that they may be aware of the personnel needs of the various departments and divisions. 5. CANCEL EXISTING CLASS DESCRIPTION FOR CIVIL ENGINEERING ASSISTANT I AND ADOPT NEW CLASS DESCRIPTION FOR CIVIL ENGINEERING ASSISTANT I, DATED AUGUST 1981 After discussion, it was moved by Member Stanley, seconded by Member Dalton, to cancel the existing Class Description for Civil Engineering Assistant I and adopt a new Class Description for Civil Engineering Assistant I permitting the substitution of Land Surveyor Certificates for the required education and that a resolution be adopted to that effect. Resolution No. 81-149. Motion was unanimously approved. IX. UNCLASSIFIED BUSINESS 1. CONSIDER REQUEST TO AMEND MINUTES FOR APRIL 23,1981 Mr. Carniato, District Counsel, advised that a letter has been received from Mr. Ken Barker, Construction Division Manager, requesting that the minutes of April 23,1981 be amended. Mr. Carniato has reviewed the minutes and could not determine in which portion they were inaccurate or how they should be amended. Mr. Barker addressed the Board indicating that the minutes of April 23, did not reflect the issue as to whether he was relieved of involvement in litigation work. It is for that reason he is requesting that the minutes be amended. President Campbell commented that the minutes of the Board of Directors meetings are designed for the particular purpose of recording the items, the motion and the vote taken by the Board. The Board on its own prerogative may chose to include other information around the item. Discussion followed whe(ein it was the consensus of the Board that Mr. Barker should prepare a statement outlining his points of disagreement with the minutes of April 23, 1981 for review by the Board. X. ITEr~S LATE FOR THE AGENDA 1. CONSIDER THE REQUEST BY THE ORINDA SENIOR VILLAGE FOR A REDUCTION IN THE ENVIRONMENTAL QUALITY CHARGES APPLICABLE TO THE PROPOSED 148 UNIT HOUSING PROJECT FOR THE ELDERLY AND HANDICAPPED IN ORINDA Mr. Dolan, G~-CE, explained that correspondence has been received from Mr. Lloyd S. MacDonald of Orinda Senior Village requesting a reduction in the Environmental Quality Charge for the Corporationls planned development in Orinda. At the present time, there is no procedure by which the District can offer any waiver of the charge. However, if the Board wishes, possible alternatives can be explored concerning future charges. ~ f.\ ~. { I ;.....~ i) 1 ,4 08 06 8 1 1959 Discussion followed wherein Board Members acknowledged receipt of the request. No action was taken. XI. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan advised that he would be on vacation from August 8- 18,1981. Mr. David Niles, Deputy General Manager, will be in charge during his absence. b. Mr. Dolan reported that the District has not received any language from the County regarding the transfer of ad valorem taxes. The County has indicated that this information should be forthcoming in the near future. c. Mr. Dolan requested to discuss items pertaining to litigation and personnel in closed session at the end of the meeting. 2. COUNSEL FOR THE DISTRICT a. Mr. Carniato requested to discuss litigation and personnel items in closed session at the end of the meeting. 3. SECRETARY None 4. COMMITTEES a. Member Boneysteele advised that he had attended an ABAG Meeting. The principle item of discussion centered around hazardous waste sites. He gave a copy of a report on this subject to District staff for their review. XI I. MATTERS FROM THE FLOOR a. Mrs. Koff, Personnel Officer, commented that as a result of good publicity in the CC Times and Oakland Tribune, over 40 applications have been received for the position of Instrumentation Technician IV. b. Dr. Weddle advised that water standing in the alum sludge ponds is being pumped out to enhance the drying of the sludge. Investigative work is being conducted to determine the most feasible method for removing alum sludge from the ponds. c. President Campbell advised that he would be on vacation and unable to attend the August 27 and September 3 meetings. XII I. CLOSED SESSION At 9:43 p.m., President Campbell declared a recess. At 9:51 p.m., President Campbell reconvened the meeting and declared a Closed Session. At 10:45 p.m., President Campbell concluded the Closed Session and reconvened the meeting in Open Session. As a result of discussion in Closed Session, the following actions were taken. a. It was moved by Member Carlson, seconded by Member Boneysteele, that the statements for professional legal services from Crosby, Heafey, Roach and May in the amount .of $27,655.65, and John J. Carniato in the amount of $7,856.69, be approved for payment. Motion was unanimously approved. 08 I, ~ '. ! '.. "'. ('. ~J 81 ~(, 06 1960 b. The CCCSD Deferred Compensation Committee has received two requests from employees for withdrawal of funds from their respective Deferred Compensation Accounts. After a thorough review by the Committee and consideration by the Board, the Board concurs with the Committee recommendation in regard to these requests. ( 1 ) . Committee recomendation -deny. It was moved by Member Carlson, seconded by Member Stanley, that the request from Bruce Castillo, Plant Attendant, for withdrawal of funds from his Deferred Compensation Account be denied. Motion was unanimously approved. (2) . Committee recommendation - approve. It was moved by Member Carlson, seconded by Member Stanley, to approve the request from Deryl Houck, Maintenance Technician II, to withdraw $1,900 from his Deferred Compensation Account. Motion was unanimously approved. c. Mr. Carniato advised that as yet, no mediated settlement in regard to wages and benefits has been agreed to by the Employees' Association. President Campbell expressed his disappointment and requested that the Board representatives continue to meet and confer with the Employees I Association's representatives in an effort to reach a solution. d. Mr. Carniato advised that other items discussed in Closed Session were personnel, litigation, Acme Fill, CCCWD, potential litigation and the Moraga Pump Station. XIV. ADJOURNMENT At 10:46 p.m., President Campbell adjourned the meeting. ( d/{.~ f G~h/rtl / P esident of the District Board of the . entral Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: S cr ary of the D' rict Board of the Ce ral Contra Co a Sanitary District, County of Contra Costa, State of California p~ 06 ßJ