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HomeMy WebLinkAboutBOARD MINUTES 07-20-61 103 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE DJBTRICT BOARD CENTRAL CONTRA CasTA SANITARY DISTRICT HELD JULY 20, 1961 ~ The District Board of Central Contra Costa Sanita~ District convened in an Adjourned Regular Session at its regular place of meeting located at 1250 Springbrook Road, Walnut Creek, County of Contra Costa, State of California, on July 20,1961, at 8:00 o'c1cck P.M. The meeting was called to order by President Mitchell. I. ROLL CALL PRESENT: Members: Gibbs, Roemer, Sa1fingere, Bowman and Mitchell ABSENT : Members: None II. APPROVAL OF MINUTES The Minutes of the meeting of July 6,1961, were approved as presented. III. APPROVAL OF BILLS None. IV. BIm None. V. OLD BUSINESS ~ MAURICE MARCUS . REQUEST FOR AUDIENCE HE ARDELL LAWSON Letter from Mr. Maurice S. Marcus, attorney, requesting a hearing for Arde11 Lawson on his dismissal was presented. President Mitchell asked Mr. Marcus to present his case for Mr. Lawson. Mr. Marcus stated that Mr. Lawson was employed by the District in August of 1960, and was given permanent status after his six months' pro- bationary period in February, 1961. He stated that his notice of dismissal was received while away from work as a result of an accident on the job. Mr. Marcus stated that Ordinance No. 17 was not followed in this case. Mr. Lawson was not notified of his right of appeal, stating that he felt the dismissal was harsh because of no hearing before the Board. Mr. Marcus stated that he felt there was a probable misunderstanding relative to Mr. Lawson's absence record, stating that Mr. Lawson's wife did not drive a car and with six children it was necessary he take them to the hospital from time to time. ~ The District Board asked to have the letter read informing Mr. Lawson of his dismissal. Mr. Horstkotte, District Manager-Engineer, read the letter to Mr. Lawson, dated July 7, 1961, notifying him of his dismissal due to his physical inability to handle the work required of him. Mr. Marcus stated that it was Mr. Lawson's èontention that a medical report was never required of him. Mr. Marcus stated some recent absence from work was caused by two injuries on the job. Mr. Marcus stated that, although Ordinance No. 17 provided for a re- viewing officer to be appointed for the hearing, he felt the decision could be made without referral to a reviewing officer. President Mitchell asked Mr. Marcus if the appeal was for Mr. Lawson's returning to work for the District, to which Mr. Marcus replied yes. 07 20 61 .104 \", , Mr. Horstkotte, District Manager-Engineer, referring to a memorandum dated June 22, 1961, from Mr. Robert Hinkson, Superintendent of Field Operations, stated that Mr. Lawson, previous to his recent employment with the District, worked as a temporary laborer for the District in 1952, and, at the time of re-employment, it was felt he was capable of the work required. Mr. Lawson, upon being hired by the District, was given the form and was instructed to have a physical examination and have the form filled out and returned to the District by the examining physician. The report showed a high albumin count and Mr. Lawson was required to have this condition re- checked. A letter was received from Dr. Frederick Nesbit, M. D., from the Kaiser Foundation Hospital in Pittsburg dated November 11,1960, stating that the patient showed no evidence of albuminura at that time and advised Mr. Lawson to return in February for another checkup and urinalysis. Mr. Horstkotte stated that this follow-up examination was not done. ~ Mr. Horstkotte stated that of the 10 plus months Mr. Lawson was em- ployed, he missed 32 working days; 9 without pay; 10 sick leave days, and 11 vacation days. The vacation days were taken at random. Mr. Lawson usually failed to notify the District when he was away, causing lost time for other maintenance crew members. Mr. Horstkotte stated that on May 17,1961, while working in a trench in the Orinda area, there was a cave-in without apparent injury to anyone at the time. Mr. Lawson continued work on May 17,1961, and was at work on May 18,1961. On May 19,1961, he failed to show up for work or notify the District. The first notice the District received of Mr. Lawson's injury to his back was when the Kaiser Foundation Hospital in Pittsburg notified the District that he had applied for State Compensation as a result of an accident. Mr. Lawson came in at the end of the month to pick up his check and was not heard from again until June 8,1961, after he had received his letter of dismissal, at which time he notified Mr. Hinkson of his injury. Mr. Horstkotte stated that Mr. Lawson was discharged: '--" 1. Due to his physical condition to do work required; 2. Lack of responsibility in notifying employer of his absence; and 3. Failure to follow up physical examination and provide the District with satisfactory medical report. Mr. Marcus stated that Nr. Lawson was given permanent status without a physical report. Mr. Horstkotte stated that Mr. Lawson was advised to have the follow up physical examination. Mr. Marcus stated that Mr. Lawson should have been warned, during his probationary period, when he was allowed to follow the procedure for which he was dismissed. Member Salfingere asked about the others Mr. Lawson was working with at the time of the accident and their report. Mr. Hinkson, Superintendent of Field Operations, stated that all maintenance crews make out a daily work report and all accidents and in- juries to personnel are noted on the reports. The occurrence on May 17, 1961, was not considered of such significance to be reported, as those working in the area, including Mr. Lawson, stated they were all right. Mr. Marcus stated that Mr. Lawson was released from the doctor on July 7, or 8,1961, and told he could go back to work. ~ President Mitchell asked Mr. Horstkotte if the District had infor- mation that qualified Mr. Lawson physically, to which Mr. Horstkotte answered, no. 07 20 61 1û5 Member Gibbs stated that if his absence was shown as vacation, the District agreed and allowed the absence. President Mitchell stated that, if denied, he would have been off without pay. ~ Mr. Horstkotte stated that this was not condoned, but, if a man had used up his sick leave it was a convenience so as not to lose pay; if sick leave was used up, he was allowed to use vacation time. Mr. Bohn noted that Mr. Lawson was off approximately 15% of the time since employed and asked the nature of the illness. Mr. Marcus stated most of it was due to his wife not driving a car and his having to drive his children to the hospital. Member Roemer stated that it showed a lack of responsibility in not calling in with the result that District crews were not able to operate at top performance. Mr. Marcus stated that Mr. Lawson should have been given a suspension to teach him a lesson, stating he felt he should be returned to work. Member Roemer stated that not all men are fitted for the type of work Mr. Lawson was required to do. Mr. Marcus stated that he should not have been put on permanent status if not qualified. Mr. Hinkson stated that, when hired in 1952, he was a good worker but, when hired in 1960, it soon became apparent that he had personal problems and by allowing time off to straighten these out, it was felt he would straighten out and be a better employee. ~ Member Gibbs stated this was not concluded during the first six months. Mr. Hinkson stated that during this time he was a fairly good worker. Member Gibbs stated that a period of generosity was condoned up close to the period of dismissal. Mr. Marcus stated that certain procedures should be followed prior to dismissal and the procedures set forth in Ordinance No. 17 were not followed. President Mitchell asked Mr. Horstkotte if there was any justifica- tion for rehiring Mr. Lawson after considering facts brought out at the hearing. President Mitchell called a recess so that Mr. Horstkotte and Mr. Hinkson could consider their final decision. After the recess, Mr. Horstkotte stated that he and Mr. Hinkson felt the basis for the original dismissal still stood. It was moved by Member Roemer, seconded by Member Salfingere, that Mr. Lawson's request to be re-hired be denied. Carried by the following vote: ~ AYES: Members: NOES: Members: ABSENT: Members: Roemer, Sa1fingere and Bowman Gibbs and Mitchell None Mr. Marcus asked the Board whether, if Mr. Lawson could pass a satis- factory physical examination, his reinstatement would be considered. President Mitchell stated that the Board had made its decision and it would be up to 1be staff to rehire. Mr. Marcus stated that he would have Mr. Lawson make a new application. 07 20 61 106 AUTHORIZE EXECUTION OF GRANT DEEDS FROM UTAH CONSTRUCTION AND MINING CO. "- PRESTON MANAGEMENT CO. AND CENTRAL CONTRA COSTA SANITARY DISTRICT TO EAST BAY MUNICIPAL UTILITY DISTRICT Continued to August 3,1961. VI. NEW BUSINESS MRS. C. W. HUTCHINSON NO. 30 Mrs. Hutchinson stated that the State had taken their homesite in Danville on which they had paid the Local Improvement District No. 30 assessment. UEST FOR AUDIENCE RE LOCAL IMPROVEMENT D:IBTRICT ...... The title report on the new property they had purchased did not in- dicate that an assessment was due but, upon completion of the house and obtaining a permit to connect to the sewer, they found that the property they had purchased was a division of a larger parcel for which they would be required to pay the equivalent assessment in Local Improvement District No. 30. Mrs. Hutchinson stated that she had paid this amount and was appealing to the Board to waive the charge due to lack of proper notice. Mr. Bohn, Counsel for the District, stated that this has been a problem on which a great deal of time and thought has been given. He suggested con- tinuing the matter to the next meeting for further thought on the problem. President Mitchell continued the matter to the next meeting and informed Mrs. Hutchinson she should not be too hopeful for relief. CORRESPONDENCE FROM BOSWELL-ALLIANCE CONSTRUCTION CO. RE CONNECTION CHARGES FOR ELDERLY HOUSING Letter from Boswell-Alliance Construction Co. was read requesting. consideration by the District Board of a lower connection charge for multiple dwellings for the elderly due to the limited number of persons who will occupy each dwelling in relation to other dwellings in the District. President Mitchell questioned whether the project would always remain in the elderly housing category. He stated the Ordinance could not provide for each type of use but had been set up on the average use. ~ Member Salfingere reminded the Board that multiple housing is causing a lack of line capacity in certain areas. Member Gibbs stated that other organizations such as schools, churches and charities are bound by the present Ordinance. President Mitchell stated that it would be up to the Board to consider low density uses as a general benefit and modify the connection charge Ordinance for such uses. Member Bowman stated that the problem was worth exploring. President Mitchell requested that the staff investigate low density uses as they relate to the connection charge Ordinance and report at the next meeting. Mr. Horstkotte, District Manager-Engineer, presented a letter from the Contra Costa Builders Association requesting that the "Multiple Use Deficiency Chargefl be placed on the same basis as the normal connection charge which pro- vides for 10% down and 1% per month as a continuing charge. Mr. Horstkotte stated that, at the time that Ordinance 44 was adopted providing for the "Multiple Use Deficiency Charge", the staff was requiring that this charge of .5, .4, .3 times the normal connection charge be paid in cash and that this policy was working a hardship. Mr. Horstkotte stated that no change in the Ordinance would be required to change the policy to 10% down and 1% per month on the total multiple use charge as set forth in Ordinance 44. Mr. Horstkotte pointed out that, if the Board allowed the request funds would accumulate at a less rapid rate for the deficiency corrections b~t would ultimately be a larger sum due to the 1% per month's being a continuing payment. '-'01 07 20 61 .~(ì? After discussion, it was moved by Member Gibbs, seconded by Member Bowman, that the present policy of collecting the "Multiple Use Deficiency Charge" of .5, .4, .3 times the normal connection charge in cash shall cease and the property owner shall be given the option of paying the total multi-unit dwellings charges of 1.5,1.4, 1.3,.asset forth in Ordinance 44, on a service charge basis by paying 10% down and 1% per month in lieu of paying all cash at the time of connection. Carried by the following vote: ~ AYES: Members: NOES: Members: ABSENT: Members: Gibbs, Roemer, Salfingere, Bowman and Mitchell None None , .' ACCEPTANCE OF STATE HIGIDfAY SEWER REIDCATION VI WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPIETION Upon the recommendation of Mr. Horstkotte, District Manager-Engineer, it was moved by Member Bowman, seconded by Member Gibbs, that State Highway Sewer Relocation VI work be accepted, that Mr. Horstkotte, District Manager- Engineer, be authorized to file the Notice of Completion, and that E. T. Haas Company be paid the full amount due them at the end of the lien period if no claims have been filed. Carried by the following vote: AYES : NOES : ABSENT: Members: Members: Members: Gibbs, Roemer, Salfingere, Bowman and Mitchell None None ACCEPTANCE OF EASEMENTS It was moved by Member Bowman, seconded by Member Salfingere, that ease- ments from Scott & Ball Development Company and Harvey B. Lyon be accepted and their recording ordered. Carried by the following vote: AYES: Members: Gibbs, Roemer, Salfingere, Bowman and Mitchell NOES: Members: None ABSENT: Members: None ~ CORRESPONDENCE FROM DR. H. L. BI1JM, HEALTH OFFICER . i Letter from Dr. H. L. Blum, requesting an audience for Mr. Tho~s McMorrow, Director of Sanitation, Sanitation Division, County Health Department, was read. Mr. McMorrow stated that it appeared the property owners in Rancho San Ramon Heights in Danvllle were not going to be able to obtain signatures representing 75% of the assessed value of the Rancho San Ramon Heights area needing sewers unless the District Board would allow the formation of a Local Improvement District with consent of the Board of Supervisors which would allow annexation only at the time of connecting to the District's system. President Mitchell stated that the Members of the Board wanted every effort put forth in obtaining annexation of all the properties prior to forming the Local Improvement District. If this could not be accomplished, the Board will consider other means to help property owners relieve their problem. CUIM OF WILLIAM L. WINDHAM ~ Mr. Horstkotte, District Manager-Engineer, reported that the claim of Mr. Windham did not involve the District. The City of Concord had a con- tractor working on Oak Grove Road near the Watershed 27 work being done for the District and it was the Concord contractor who was involved in the claim. It was moved by Member Gibbs, seconded by Member Roemer, that the claim of William L. Windham be denied. Carried by the following vote: AYES: Members: Gibbs, Roemer, Salfingere, Bowman and Mitchell NOES: Members: None AmENT: Members: None PROGRESS PAYMENT TO MC GUIRE AND HESTER, WATERSHED 27 Mr. Horstkotte, District Manager-Engineer, stated that a progress payment in the sum of $88,082.6h was due to McGuire and Hester and recommended payment. 07 20 61 '108 It was moved by Member Bowman, seconded by Member Gibbs, that the progress payment for Watershed 27 work in the sum of $88,082.64 be made to McGuire and Hester. Carried by the following vote: AYES: NOES : ABSENT: Members: Members: Members: Gibbs, Roemer, Salfingere, Bowman and Mitchell None None VII. REfO R TS DISTRICT MANAGER-ENGINEER OUTFALL SEWER '----" Mr. Horstkotte, District Manager-Engineer, read a report from the diver who inspected the mud and silt blocking the Outfall Sewer as a result cf M. Miller Company work. NATIONAL ASSOCIATION OF COUNTY ENGINEERS MEETING IN CHICAGO Mr. Horstkotte requested authorization to attend the National Associa- tion of County Engineers meeting in Chicago to present a manual which his com- mittee prepared as a guide for sewer installation along with an advance of funds for the trip which will be repaid to the District by the National Association of Coun~ Engineers. It was moved by Member Roemer, seconded by Member Bowman, that Mr. Horstkotte be authorized to attend the National Association of County Engineers meeting in Chicago and that the District advance expenses for the trip to be reimbursed by the National Association of County Engineers. Carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Gibbs, Roemer, Salfingere, Bowman and Mitchell None None COUNSEL FOR THE DISTRICT ~ None. REPORT RE STATE LEGISIATURE WORK Member Gibbs complimented Mr. Bohn, Counsel for the District, on his report to the Distriet Directors on the recent State Legislature work for the California Sanitary Districts Association and the District VIII. ADJOURNMENT At 10:50 o'clock P.M., the meeting was adjourned by President Mitchell to August 3,1961. ~ COUNTERSIGNED: ~~rd of the Central Contra Costa Sanitary District of Contra Costa County, State of California 01 20 61