HomeMy WebLinkAboutBOARD MINUTES 02-07-85
145
MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE CENTRAL CONTRA
COSTA SANITARY DISTRICT HELD ON FEBRUARY 7, 1985
The Di strict Board of the Central Contra Costa Sanitary Di strict
convened in a regular session at its regular place of meeting, 5019
Imhoff Pl ace, Marti nez, County of Contra Costa, State of Cal iforni a, at
7:30 p.m. on February 7,1985.
President Boneysteele called the meeting to order and requested the
Secretary call roll.
I.
ROLL CALL
PRESENT:
Members:
Carlson, Dalton, Clausen, Boneysteele
AB SENT:
Members:
Stanley
President Boneysteele stated that Member Stanley had advised him he
would be unable to attend this meeting and requested that he be excused.
II.
APPROVAL OF MINUTES
1.
APPROV AL OF MINUTES OF J ANUAAY 17, 1985
It was moved by Member Cl ausen and seconded by Member Dal ton, that
the minutes of January 17,1985 be approved with the following amendment:
In Item XI. QOSED SESSION, the sentence, "At 8:55 p.m., President
Boneysteel e decl ared the closed sassi on concerni ng 1 iti gati on and real
property management negoti ati ons. ", was del eted from the fi rst paragraph
and inserted as the first sentence in the last paragraph.
There being no objections, the above motion was approved with Member
Stanley being absent.
III.
EXPENDITURES
1.
EXPENDITURE LIST DATED FEBRUARY 7, 1985
Presi dent Boneysteel e stated he and Member Dal ton, member of the
Budget and Fi nance Committee, have rev i ewed the expenditures and found
them to be satisfactory.
It was moved by Member Dalton and seconded by Member Clausen, that
the Expenditure List dated February 7, 1985, including Running Expense
Warrant Nos. 17778-18069, Payroll Warrant Nos. 3003-3240, and Sewer
Construction Warrant Nos. 2669-2719, be approved as presented. There
being no objection, the motion was approved with Member Stanley being
absent.
IV.
CONSENT CAL ENDAR
It was moved by Member Dalton and seconded by Member Clausen, that
the Consent Calendar, consisting of five items, be approved as
recommended, resolutions adopted as appropriate, and recordings duly
authorized.
1.
Resolution No. 85-005 accepting an easement at no cost to the
District from PETER B. BEDFORD, et ux, Concord area (Job 4017,
Parcel 2).
2.
Resolution No. 85-006 accepting grant of easement from SHARON
GRACE, Walnut Creek area (DSP 2695, Parcel 12).
3.
Resol ution No. 85-007 accepti ng and authorizing execution of
easement agreement with E~IN O. DeSILVA, Orinda area (Job
3991, Parcel 2).
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4.
Authorization for P.A. 85-4 (Walnut Creek) to be included in a
future formal annexation to the District.
5.
Received notification of CCCSD Employees' Association, Local
No.1, election of officers for 1985 year.
There bei ng no obj ect ion,
Stanley being absent.
the motion was approved with Member
CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
None
V.
ENGINEERING
1.
,AJJTHORIZE THE GENERAL MANAGER-ŒHEF ENGINEER TO EXEQJTE A CONTRACT
WITH JOHN CAROLLO ENGINEERS FOR ENGINEERING SERV ICES FOR WATERSHED
33 TRUNK SEWER PREDESIGN, PROJ ECT NO. 3733
Mr. Roger J. Dolan, General Manager-Chief Engineer, advised that
based on present anticipated growth projections, all of the Watershed 33
trunk sewer facilities should be in place by the year 2000. Portions of
the proj ect need to be in pl ace by 1987. Funds for the predesi gn work
were previously authorized by the Board.
It was moved by Member Carlson and seconded by Member Clausen, that
the General Manager-Chi ef Engi neer be authorized to execute a contract
with John Carollo Engineers for engineering services for the Watershed 33
Trunk Sewer Predesign, Project No. 3733. Motion approved on the
following roll call vote:
AYES: Members: Carlson, Dalton, Clausen, Boneysteele
NOES: Members: None
ABSENT: Members: Stanl ey
V I. WATER POLLUTION CONTROL PL ANT
,AJJTHORIZE $80,300 FROM SEWER CONSTRUCTION
SEQJRITY AND LOSS PREVENTION MEASURES
FU NDS
FOR
DISTRICT
1.
Mr. Dolan, General Manager-Chief Engineer, advised that although
this item appears under the Plant on the agenda, it is for District-wide
security and loss prevention measures. The project resulted from a study
authorized in 1983. An itemization of the recommended security
improvements and a cost breakdown accompanies the position paper.
Following discussion, it was moved by Member Carlson and seconded by
Member Dalton, that $80,300 from Sewer Construction Funds be authorized
for District security and loss prevention measures. Motion approved on
the following roll call vote:
AYES:
Members:
Carlson, Dalton, Clausen, Boneysteele
NOES:
Members:
None
ABSENT:
Members:
Stanley
VII.
BUDGET AND FINANCE
1.
RECEIVE 1984-1985 SIX MONTH 0 & M BUDGET REVIEW
Mr. Dol an, General Manager-Ch ief Engi neer, stated that at the time
the 1984-1985 budget was prepared last year, there were a number of major
uncerta i nt i es in important areas. Some of these i ncl uded gas
consumption, labor and staffing commitments, start-up date and ash
cl assification rel ative to the furnace project, pump station capital
improvements, Proposition 36 legislation, and weather uncertainties. In
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the first six months of the year all these uncertainties have worked out
to the advantage of the District. Other factors unknown at the time of
budget preparation, that have impacted on the budget include the Outfall
Project and salary savings resulting maintaining unfilled positions.
It was moved by Member Dalton and seconded by Member Clausen, that
the 1984-1985 Six Month 0 & M Budget Review be received. There being no
objection, the motion was approved with Member Stanley being absent.
VIII.
REAL PROPERTY
ADOPT RESOLUTION APPROV ING THE SALE OF THE UPPER ORINDA PUMP STATION
PROPERTY, ASSESSOR'S NO. 262-300-002
1.
Mr. Dolan, General Manager-Chief Engineer, commended Administrative
Department Manager Paul Morsen, Purchasi ng and Materi als Officer Ken
Laverty, and the entire District Property Team for their success in
selling this property first declared surplus in 1977.
It was moved by Member Carlson and seconded by Member Dalton, that
the sale of the Upper Orinda Pump Station property, Assessor's No.
262-300-002, to Patrick Joy and Martha J. Joy be approved, that the
Admi ni strative Department Manager be authorized to execute any and all
documents of sale, and that Resolution No. 85-008 approving the sale and
conditions thereof be adopted. Motion approved on the following roll
call vote:
AYES: Members: Carl son, Dalton, Cl ausen, Boney steel e
NOES: Member s: None
ABSENT: Members: Stanl ey
ADOPTED RESOLUTION WHIŒI DEQARES LOT 12, BLOCK E, ORINDA OAKS
PROPERTY SURPLUS AND ,AJJTHORIZE ITS SALE THROUGH A REAL ESTATE BROKER
2.
Mr. Paul Morsen, Administrative Department Manager, voiced his
will i ngness to answer any quest ions of the Board at th is time but
requested that the Board delay taking action until after closed session.
Presi dent Boneysteel e deferred acti on pendi ng concl usi on of closed
sessi on.
IX.
PERSONNEL
1.
REVIEW AND APPROVE DISTRICT QASSIFlCATION SlUDY PART II; DELETE
QASS DESCRIPTION, REQASSIFY POSITION; AND ESTABLISH NB'I SALARY
RANG ES
Following presentation by Mr. Dolan, General Manager-Chief Engineer,
and discussion by Members of the Board, action on this item was deferred
pending conclusion of closed session.
X.
ITEMS LATE FOR THE ,6GENDA
1.
REQUEST OF MR. KENNETH BARKER TO ADDRESS THE BOARD
Mr. Kenneth Barker addressed the Board of Directors. The first item
rai sed by Mr. Barker concerned a position paper dated November 21, 1981
relative to calendaring requests from the public to address the Board of
Di rectors. Mr. Barker stated that thi s position paper overlooks items
that are on the agenda. Mr. Barker requested that the Board rescind this
position.
Member Carlson stated that this policy was established to provide an
orderly manner for matters on the agenda and provide a manner in which
the public could add to the agenda and allow input by Board and staff.
The Board does not feel that this was intended to prohibit members of the
public from commenting on items on the agenda.
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Mr. Barker asked that if there was something on the agenda tonight
on which he wished to address the Board, would he be free to do so?
President Boneysteele indicated that he would.
The second item Mr. Barker raised was relative to a position paper
dated December 27, 1984 which appeared on the Consent Cal endar. The
position paper was entitl ed "Accept the contract for construction of
Chlorine and Sulfur Dioxide Facilities Improvements (Project 3660) and
authorize the filing of the notice of compl etion."
Mr. Barker objected to the fact that no questions were asked by the
Board rel ative to thi s paper. Mr. Barker stated that thi s was shall ow,
superficial, and indicated nonexistent scrutiny of expenditure of public
funds. Board Members shoul d have asked questions concerni ng the status
of the proj ect.
Mr. Barker stated that if the Board was doing their jobs and paying
attention, more questions should have been asked. Mr. Barker recommended
that all position papers and acceptances of work have some sort of
routine language to alert the Board to problems.
Member Dal ton stated that the Board i s kept adv i sed conti nually of
proj ects as they progress.
Mr. Barker stated that for reasonabl e monitori ng of these issues,
the Board must know the budget, time schedul e, and if the project was
workable. Mr. Barker stated that the District is spending millions of
dollars on legal fees. Major construction contracts are still in
liti gati on. There must be some method of controll i ng costs and telli ng
if the project is on schedule.
Member Dal ton stated that he spent 22 years doi ng what Mr. Barker
sai d is not bei ng done. The Board, management and staff are worki ng to
see that the job of decision making is properly done.
Mr. Barker stated that this District has a history of litigation.
The current procedure is just closing the barn after the horse is gone.
It is common industry practice to receive this data systematically
beforehand.
Member Carlson stated that the District consults with experts in the
contracting business and contracts with them. This organization is here
to provide the service of collecting and treating sewage. Budgets and
costs are well monitored and controlled and staff has done an excellent
job in recent years.
President Boneysteele requested that the General Manager-Chief
Engineer review the position papers on notices of completion to determine
if such an addition as Mr. Barker suggests is appropriate.
With regard to number three in Mr. Barker's January 30,1985 letter,
President Boneysteele indicated that the legal fees were approved by the
Board on January 3, 1985 rather than January 4, 1985 as Mr. Barker
indicated.
Mr. Barker stated that at the Board meeti ng, the Board approved
$54,000 in 1 egal fees. The Di stri ct has seven sets of attorneys. The
authorization was moved and seconded without even a glance. No one is
paying proper attention. Again this is superficial, shallow and
nonexi stent scruti ny. The Di strict is becomi ng known as the Attorneys'
Benevolent Association Capitol of Contra Costa County. Something is
obviously wrong if seven sets of attorneys are needed.
Mr. Barker stated that Items 3, 4, and 5 in his January 30, 1985
letter are somewhat interrelated and none were properly reviewed by the
Board.
Member Cl ausen stated that that is absol utel y not correct. Board
Members go over litigation matters in closed session with their attorney
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before bills are paid.
attorney.
Mr.
Campbell
reviews all
bills for every
Mr. Barker stated that as a member of the public who pays the bills,
he does not feel the Board is watching legal fees properly. Something is
drastically wrong if seven sets of attorneys are needed.
Mr. Barker stated with regard to selection and type of new counsel,
since this is as much a litigation district as a sanitary district, he
was interested in the lack of comment of the Board when the duties and
selection of the new attorney were discussed. On the one hand if the
attorney recommends settlement, there are no legal fees coming in for his
private 1 aw office. Mr. Barker strongl y recommended that anyone taki ng
that counsel position receive a good sal ary and that under no set of
circumstances should he be allowed to do legal work for the District.
Mr. Barker questioned the Board with regard to the duties of the new
counsel. In particular, he inquired as to the Board's position on
accepting legal advice, free or paid, from the District Counsel, on
accepting lavish entertainment for themselves and their wives from
counsel, and on any job contacts or association or dealings between any
of the Board Members and the new counsel.
In summary, Mr. Barker stated that there is a massive confl ict of
interest.
Mr. Barker stated that with respect to legal fees, we see a system
of pointless authorizations of money. The District will always have a
Risk Manager since it has been institutionalized. If more money is
authorized for legal fees, more will be spent. Again this is shallow,
superficial and nonexistent scrutiny of expenditure of public funds. No
one is controlling these expenditures.
Mr. Barker stated that with regard to the Carollo position paper
dated January 14, 1985, that again the same problems are present. The
District has learned nothing from previous actions. If you look at the
position paper, the lines of authority are blurred. Mr. Barker stated he
is trying to alert the Board that something is wrong. The same problems
are being repeated. Mr. Barker thanked the Board for their time.
President Boneysteele thanked Mr. Barker.
XI.
REPORTS
1.
GENERAL MANPGER-CHIEF ENGINEER
a. Mr. Dol an, General Manager-Chief Engi neer, reported that bi ds
for the 5B Proj ect were opened today. Of the seven bi ds received, five
were under the engineer's estimate.
b. The Board is i nv ited to attend the reti rement 1 uncheon for Mr.
Bob Hinkson, CSO Department Manager, on Wednesday, February 20,1985.
2.
COUNSEL FOR THE DISTRICT
None
3.
SECRETARY OF THE DISTRICT
None
4.
BOARD MEMBERS
a. President Boneysteele reported on the Landfill Project publ ic
workshop held in Antioch on January 29,1985.
b. President Boneysteele reported on the Solid Waste Management
Workshop for Elected Officials which he attended on January 31,1985.
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XII.
MATTERS FROM THE BOARD NOT ON THE PGENDA
1.
RESOLUTION COMMENDING ROBERT
OPERATIONS DEPARTMENT MANAGER
H.
HINKSON,
COLLECTION
SYSTEM
It was moved by Member Dal ton and seconded by Members Carl son and
Clausen, that staff be directed to prepare a resolution commending Robert
H. Hinkson, CSO Department Manager, for his service to the District
(Resolution No. 85-010). Motion approved on the following roll call
vote:
AYES: Members: Carl son, Dal ton, Cl ausen, Boney steel e
NOES: Members: None
ABSENT: Members: Stanl ey
Member Cl ausen asked that Member Stanl ey' s name be added to the
resolution on his request to do so.
XIII.
QOSED SESSION
1.
INITIATION OF LITIGATION
With respect to litigation, the closed session is being held
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
District has decided to initiate or is deciding whether to initiate
litigation regarding the city of Concord.
2.
REAL PROPERTY NEGOTIATIONS
With respect to real property negotiations, the closed session is
being held pursuant to Government Code Section 54956.8. The real
property which the negotiations may concern is Lot 12, Block E, Orinda
Oaks, Assessor's No. 264-075-015. Mr. Paul Morsen, the District's
Negotiator, may nogotiate with all potential purchasers.
3.
LABOR RELATIONS
With respect to labor relations, the closed session is being 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 organizati ons regardi ng the sal ari es,
salary schedules or compensation paid in the form of fringe benefits of
employees in order to review its position and instruct its designated
representatives.
At 8:55 p.m., President Boneysteele declared the closed session
concerning litigation, real property negotiations, and labor relations.
At 10: 02 p. m., Presi dent Boney steel e concl uded the closed session and
reconvened the meeting into open session.
XIV.
ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION
At this time, Item VIII, 2. REAL PROPERTY, and Item IX. PERSONNEL,
deferred earlier in the meeting were considered.
VIII.
REAL PROPERTY
ADOPT RESOLUTION WHICH DECLARES LOT 12, BLOCK E, ORINDA OAKS
PROPERTY SURPLUS AND AUTHORIZE ITS SALE THROUGH A REAL ESTATE BROKER
2.
It was moved by Member Carlson and seconded by Member Dalton, that
the selling price of $75,000 be establ ished, that the Secretary be
directed to enter that figure in Resolution No. 85-009, that Resolution
No. 85-009 decl ari ng Lot 12, Block E, Ori nda Oaks property, Assessor's
No. 264-075-015, surplus be adopted, and that the Administrative
Department Manager be empowered to execute a contract with the real
estate broker who will serve as the District's real estate broker in this
matter. Motion approved on the following roll call vote:
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AYES: Members: Carl son, Dalton, Cl ausen, Boneysteele
NOES: Members: None
ABSENT: Members: Stanl ey
IX.
PERSONNEL
1.
REVIEW AND APPROVE DISTRICT QASSIFICATION STUDY PART II; DELETE
CLASS DESCRIPTION, REQASSIFY POSITION; AND ESTABLISH NEW SALARY
RANG ES
It was moved by Member Carlson and seconded by Member Clausen, that:
1)
2)
The class specification for Administrative Engineer be deleted;
James Coe, Administrative Engineer, S-82, be retitled to Senior
Engineer, $-82;
3)
Sal ary range of C-60 be establ i shed
classification, effective immediately;
for
the
Printer
4)
Sal ary range of G-64 be establ i shed for the Pumpi ng Stati on
Operator II classification, effective February 1, 1985. For
those Pumping Station Operator II's currently paid at the G-65
salary range, the District Board's representatives are directed
to deal with this issue during meet and confer sessions with
Public Employees' Local No.1; and
the Ralph Andersen classification and compensation plan as summarized in
Exhibit A of the position paper and the recommendations outlined above
are approved. Motion approved on the following roll call vote:
AYES: Members: Carl son, Dal ton, Cl ausen, Boney steel e
NOES: Members: None
ABSENT: Members: Stanl ey
XV. ADJ OURNMENT
At 10:05 p.m., President Boneysteele adjourned the meeting.
COUNTERSIGNED:
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