HomeMy WebLinkAbout12-20-01 AGENDA BACKUP
Central Contra Costa Saf.itary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: December 20, 2001
No.:
3.a. CONSENT CALENDAR
Type of Action: ACCEPT GRANT OF EASEMENT
Subject: ADOPT A RESOLUTION ACCEPTING A GRANT OF EASEMENT FROM JOHN G.
MARTINEZ AND SHARON E. MARTINEZ FOR A SANITARY SEWER EASEMENT AT
3035 CASTRO STREET, MARTINEZ, AND AUTHORIZING RECORDING OF THE
DOCUMENT WITH THE CONTRA COSTA COUNTY RECORDER
Submitted By:
Ricardo Hernandez
Engineering Assistant III
Initiating Dept./Div. :
Engineering / Environmental Services
:;;ND RECDMt~DR BOARD o~~~
R. Hernandez ~ J. Miyamoto-Mills C. Swanson
~
ISSUE: Easements must be approved by the Board of Directors by resolution.
RECOMMENDATION: Adopt a resolution accepting the Grant of Easement and authorizing
recording with the Contra Costa County Recorder.
FINANCIAL IMPACTS: Payment of $250 has been paid to the property owner.
AL TERNA TIVES/CONSIDERA TIONS: None.
BACKGROUND: The subject Grant of Easement is for an easement to accommodate an
existing sewer at 3035 Castro Street, Martinez (map attached). The property owners
approached the District regarding proposed improvements near a District sewer, and it
was determined at that time that a Grant of Easement was needed in order to record an
easement for this sewer segment. The sewer was part of the collection system taken
over from the City of Martinez. Many of these sewers lack recorded easements, and staff
regularly obtains Grants of Easements for these when possible.
Staff has concluded that this transaction is exempt from the California Environmental
Quality Act (CEQA) under District CEQA Guidelines Section 15305, since it involves a
minor alteration in land use limitations. Acceptance of this Grant of Easement will
estahlish the Board of Director's independent finding that this action is exempt from
CEQA.
RECOMMENDED BOARD ACTION: Adopt a resolution accepting the Grant of Easement
from John G. ~rtinez and Sharon E. Martinez and authorizing staff to record the Grant
of Easement with tbe Contra Costa County Recorder.
12/13/01
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EASEMENT
3035 CASTRO STREET, MARTINEZ
MAP
Page 2 of 2
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: December 20, 2001
No.:
3.b. CONSENT CALENDAR
Type of Action: ACCEPT GRANT OF EASEMENT
Subject: ADOPT A RESOLUTION ACCEPTING A GRANT OF EASEMENT FROM
MARILOUISE S. LEWIS FOR A SANITARY SEWER EASEMENT AT 24 SOUTHWOOD
DRIVE, ORINDA, AND AUTHORIZING RECORDING OF THE DOCUMENT WITH THE
CONTRA COSTA COUNTY RECORDER
Submitted By:
Ricardo Hernandez
Engineering Assistant III
Initiating Dept./Div. :
Engineering / Environmental Services
A. Farrell
R:;; AND RECOM~E:c; FOR BOARD cT~i
R. Hernandez ~ J. Miyamoto-Mills C. Swanson
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ISSUE: Easements must be accepted by the Board of Directors by resolution.
RECOMMENDATION: Adopt a resolution accepting the Grant of Easement and authorizing
recording with the Contra Costa County Recorder.
FINANCIAL IMPACTS: Payment of $1,250 has been paid to the property owner.
AL TERNA TIVES/CONSIDERA TIONS: None.
BACKGROUND: During construction of the 1997 South Orinda Sewer Renovation Project
("Project"), the sewer lateral serving the 20 Southwood Drive property owned by Mr.
George Burtt ("Burtt Property") was relocated to the 24 Southwood Drive property owned
by Mrs. Marilouise S. Lewis ("Lewis Property"). A new lateral to 20 Southwood Drive
was needed because the sewer main it was originally connected to was moved to a new
and deeper location. Connecting the lateral at the same location would have required
extensive excavation that would have impacted a nearby tree and retaining wall.
In an attempt to resolve the issue concerning the Burtt Property sewer lateral location, the
District staff offered to purchase an easement from Mrs. Lewis in favor of Mr. Burtt. Mr.
Burtt has not yet agreed to accept the easement, due primarily to his concerns about
future maintenance of the lateral. To allay Mr. Burtt's maintenance concerns, the District
staff has offered to warranty the lateral for 15 years. The District has entered into a
tolling agreement with Mr. Burtt, so that he may have time to consider the District's
warranty offer.
12/13/01
U:\PPr\Bertera\RHppSouthwood.wpd Page 1 of 3
POSITION PAPER
Board Meeting Date: December 20, 2001
Subject: ADOPT A RESOLUTION ACCEPTING A GRANT OF EASEMENT FROM
MARILOUISE S. LEWIS FOR A SANITARY SEWER EASEMENT AT 24 SOUTHWOOD
DRIVE, ORINDA, AND AUTHORIZING RECORDING OF THE DOCUMENT WITH THE
CONTRA COSTA COUNTY RECORDER
While Mr. Burtt is considering the District's warranty offer, District staff has offered to
purchase the easement from Mrs. Lewis for $1,250.00, and to have Mrs. Lewis grant the
easement directly to the District, which Mrs. Lewis has agreed to do.
Staff has concluded that this transaction is exempt from the California Environmental
Quality Act (CEOA) under District CEQA Guidelines Section 15305, since it involves a
minor alteration in land use limitations. Acceptance of this Grant of Easement will
establish the Board of Director's independent finding that this action is exempt from
CEOA.
RECOMMENDED BOARD ACTION: Adopt a resolution accepting the Grant of Easement
from Mrs. Marilouise S. Lewis and authorizing staff to record the Grant of Easement with
the Contra Costa County Recorder.
12/13/01
Page 2 of 3
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Central Contra Costa
Sanitary District
LATERAL EASEMENT
24 SOUTHWOOD DRIVE, ORINDA
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: December 20, 2001
No.: 3. c. CONSENT CALENDAR
Type of Action: APPROVE REAL PROPERTY AGREEMENT
Subject: APPROVE REAL PROPERTY AGREEMENT WITH JAMES AND CAROLYN
MITCHELL, JOB 1572, ORINDA, AUTHORIZE EXECUTION AND RECORDING OF THE
AGREEMENT
Submitted By:
Jarred Miyamoto-Mills
Principal Engineer
~7D RECDMC4 FOR BOARD ACTION,
J. M;"moto.Mm, c. SW,"'O" ~
Initiating Dept./Div. :
Engineering/Environmental Services
ISSUE: James and Carolyn Mitchell, the owners of the home at 416 Camino Sobrante,
Orinda, have requested that the District allow an existing walkway, stairway, brick patio
and barbeque counter to remain in a District easement.
RECOMMENDATION: Approve real property agreement; authorize the President of the
Board of Directors and the Secretary of the District to execute the agreement; and
authorize staff to record the agreement with the Contra Costa County Recorder.
FINANCIAL IMPACTS: None.
AL TERNATIVES/CONSIDERATIONS: Alternatives to the recommended action are Board
rejection of the real property agreement, and to either 1) direct staff to seek removal of
the encroachments, or 2) rely on the existing easement for future maintenance,
rehabilitation or replacement access.
BACKGROUND: Portions of a brick stairway, walkway, patio and barbeque counter have
been constructed within a District easement at 416 Camino Sobrante, Orinda (see
attached map). The encroachments were discovered when the property owners applied
for a building permit for a new backyard barbeque, fireplace and seating area. The
property owners, James and Carolyn Mitchell, requested that the District allow the
encroachments to remain subject to a real property agreement. An agreement was
negotiated whereby two previously constructed rock walls encroaching on the easement
directly over the public sewer would be completely removed, the pre-existing brick
stairway, walkway and patio could remain, and the proposed barbeque counter could be
built.
12/12/01
U:\PPr\Bertera\MITCHELL PP.wPD Page 1 of 3
POSITION PAPER
Board Meeting Date: December 20, 2001
Subject: APPROVE REAL PROPERTY AGREEMENT WITH JAMES AND CAROLYN
MITCHELL, JOB 1572, ORINDA, AUTHORIZE EXECUTION AND RECORDING OF THE
AGREEMENT
CSO and Engineering staff determined that the existing sewer is in acceptable condition
and that the encroachments will not unreasonably interfere with the District's use. The
agreement limits what may be installed or planted in the easement in the future. The
property owner accepts the liability for any damage to District's facilities and for additional
costs to the District for maintenance and replacement of the sewer in the area of the
encroachment. The property owner holds the District free and harmless from all claims
and liability for injury to persons or to their property within the easement area. The
property owner agrees not to impede the District's access to the property. The agreement
provides for the District's emergency access, and requires that the property owner remove
the encroachments upon 30 days notice.
Staff has concluded that this project (the proposed agreement) is exempt from the
California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section
15305, since it involves a minor alteration in land-use limitations. The Board's approval
of this agreement will constitute a determination that the project is exempt from CEQA.
RECOMMENDED BOARD ACTION: Approve the real property agreement; authorize the
President of the Board of Directors and the Secretary of the District to execute the
agreement; and authorize staff to record the agreement with the Contra Costa County
Recorder.
12/12/01
U:\PPr\Bertera\MITCHELL PP.WPD
Page 2 of 3
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: December 20, 2001
No.: 3. d. CONSENT CALENDAR
Type of Action: ACCEPT CONTRACT WORK
Subject: ACCEPT THE CONTRACT WORK FOR THE ORINDA TRUNK SEWER
CURED-IN-PLACE (CIP) PIPE PROJECT, DISTRICT PROJECT NO 5551,
AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION
Submitted By:
Tom Godsey, Associate Engineer
Initiating Dept./Div. :
Engineering Department/Capital Projects
Division
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
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T. Godsey
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A. Fa rell
ISSUE: Construction has been completed on the Orinda Trunk Sewer Cured-in-Place (CIP)
Pipe Project, District Project 5551, in Orinda, and the work is now ready for acceptance.
RECOMMENDATION: Accept the contract work for the Orinda Trunk Sewer Cured-in-Place
Pipe Project, and authorize the filing of the Notice of Completion.
FINANCIAL IMPACTS: None related to this action.
AL TERNA TIVES/CONSIDERA TIONS: Not applicable. Filing the Notice of Completion is
advisable under the California Civil Code Section 3093.
BACKGROUND: The District began a trunk and interceptor sewer TV inspection program
in February of this year to evaluate corrosion problems in District concrete pipe. The
30-inch diameter reinforced-concrete pipe (RCP) carrying the sewer flow from the Lower
Orinda Pumping Station force main was one of the first sewers inspected in the program.
The TV inspection revealed extensive corrosion throughout the sewer (approximately
1,020 ft.) with a serious localized problem (43 ft.) downstream of the junction structure.
Engineering staff fast-tracked the design for the replacement of the worst section of the
sewer, and this section was replaced in June.
This project involved installing 977 feet of CIP pipe liner in the 30-inch diameter RCP and
installing a polyurethane protective coating into two manholes and one junction structure.
On September 20, 2001, the Board of Directors (Board) authorized the award of a
contract for the construction of the project to Insituform Technologies, Inc. The Notice
to Proceed was issued on October 29, 2001. The work was completed
12/13/01
I :\Design\Position Papers\5551 \NtcComplnPP. wpd
Page 1 of 2
POSITION PAPER
Board Meeting Date: December 20, 2001
Subject:
ACCEPT THE CONTRACT WORK FOR THE ORINDA TRUNK SEWER
CURED-IN-PLACE (CIP) PIPE PROJECT, DISTRICT PROJECT NO 5551,
AND AUTHORIZE THE FlUNG OF THE NOTICE OF COMPLETION
December 4, 2001. The remaining items of work consist of minor punch list items, which
do not affect the project acceptance.
The total authorized budget for the project is $332,000. The budget includes the cost of
engineering design, District forces, testing services, geotechnical services, and contractor
services. An accounting of the project costs will be provided to the Board at the time of
project closeout. It is appropriate to accept the contract work at this time.
RECOMMENDED BOARD ACTION: Accept the contract work for the Orinda Trunk Sewer
Cured-in-Place (CIP) Pipe Project, and authorize the filing of the Notice of Completion.
12/13/01
1:\Design\Position Papers\5 5 51 \NtcComplnPP. wpd
Page 2 of 2
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: December 20, 2001
No.:
6.a. ADMINISTRATIVE
Type of Action: APPOINT SECRETARY PRO TEM
Subject: ADOPT A RESOLUTION APPOINTING DIRECTOR OF ADMINISTRATION
RANDALL M. MUSGRAVES SECRETARY PRO TEM
Submitted By:
Joyce E. Murphy, Secretary of the
District
Initiating Dept./Div. :
Administrative
K. Aim
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
/;t'~
KIA-
ISSUE: It has been the practice of the District to delegate authority to the Direc r of
Administration to assume the statutory responsibilities of the position of Secretary of the
District during the absence of the Secretary. With the appointment of the Director of
Administration, it would be appropriate for the Board to confirm that authority.
RECOMMENDATION: Adopt a resolution appointing Randall M. Musgraves, Director of
Administration, Secretary pro tem.
FINANCIAL IMPACTS: None associated with this action.
ALTERNATIVES/CONSIDERATIONS: The District can decide not to appoint a Secretary
pro tem, or to appoint a different individual.
BACKGROUND: California Health and Safety Code Section 6486 provides that, "At its
first meeting, or as soon thereafter as my be practicable, the board shall choose one of
its members as president, and shall appoint a secretary who may be a member of the
board." Additionally, California Health and Safety Code Section 6487 provides that, "All
contracts, deeds, warrants, releases, receipts, and documents shall be signed in the name
of the district by its president, and countersigned by its secretary, except that the board
may, by resolution, authorize the district manager or other district employees specified by
the board to sign contracts, warrants, releases, receipts, and similar documents in the
name of the district." In accordance with the Health and Safety Code, the District Board
of Directors has adopted resolutions in the past appointing a Secretary pro tem to carry
out the statutory responsibilities of the position of Secretary of the District during the
absence of the Secretary.
RECOMMENDED BOARD ACTION: Adopt the attached resolution appointing Director of
Administration Randall M. Musgraves Secretary pro tem.
12/13/01
Page 1 of 2
RESOLUTION NO. 2001-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
APPOINTING A SECRETARY PRO TEM
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CENTRAL CONTRA COSTA
SANITARY DISTRICT THAT:
In accordance with California Health and Safety Code Section 6487, Randall M.
Musgraves, Director of Administration, is hereby authorized and empowered to act as
Secretary Pro Tem of the Central Contra Costa Sanitary District with all of the duties and
obligations of that office, including the authority to execute any documents, warrants and
checks in that capacity on behalf of the District whenever the Secretary of the District
may be absent.
PASSED AND ADOPTED this 20th day of December, 2001, by the District Board
of the Central Contra Costa Sanitary District by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Secretary of the Central Contra Costa
Sanitary District, County of Contra Costa,
State of California
APPROVED AS TO FORM:
Counsel for the District
Page 2 of 2
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: December 20, 2001
No.: 6.b. ADMINISTRATIVE
Type of Action: CONFIRM DELEGATION OF AUTHORITY
Subject: RATIFY AND CONFIRM DELEGATION OF AUTHORITY TO THE GENERAL
MANAGER
Submitted By:
Joyce E. Murphy, Secretary of the
District
Initiating Dept./Div. :
Administrative
6~
KIA-
K. Aim
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
ISSUE: As an integral part of his position and his official capacity, the General anager
executes documents and contracts on behalf of the District. It would be appropriate for
the Board of Directors to ratify and confirm that authority. In addition, a change is
proposed to the District Board policy with regard to the Board President's signature on the
title page of specifications in the bid documents.
RECOMMENDATION: Adopt a resolution ratifying and confirming delegation of authority
to the General Manager, Charles W. Batts, Jr.
FINANCIAL IMPACTS: None associated with this action.
AL TERNATIVES/CONSIDERATIONS: The District can decide not to delegate authority to
the General Manager and instead have documents executed by the President of the
District Board.
BACKGROUND: California Health and Safety Code Section 6487 provides that, "All
contracts, deeds, warrants, releases, receipts, and documents shall be signed in the name
of the district by its president, and countersigned by its secretary, except that the board
may, by resolution, authorize the district manager or other district employees specified by
the board to sign contracts, warrants, releases, receipts, and similar documents in the
name of the district." In accordance with the Health and Safety Code, the District Board
of Directors has adopted various resolutions throughout the years delegating authority to
staff to execute documents and contracts for and on behalf of the District, but it has been
the District practice that the President of the Board signs the title page of the
specifications. District Counsel's Office reviewed the issue and concluded that nothing
in the Enabling Act or the Public Contract Code requires that the Board President sign the
12/7/01
Page 1 of 3
POSITION PAPER
Board Meeting Date: December 20. 2001
Subject: RATIFY AND CONFIRM DELEGATION OF AUTHORITY TO THE GENERAL
MANAGER
bid documents, specifications, drawings, or other accompanying documents in the bid
packet. Accordingly, these duties can be delegated by the Board to staff.
In March 1999, Charles W. Batts, Jr. was appointed to the position of General Manager.
At that time Resolution No. 99-030 was adopted, authorizing and empowering Mr. Batts
to fulfill the duties of the position of General Manager but no specific delegation was made
for the General Manager to sign contracts and other documents in the name of the
District.
It is recommended that the Board delegate authority to the General Manager to execute
all documents and contracts for and on behalf of the District including all documents
prepared and circulated as part of the public competitive bidding process, and that any
documents executed by Charles W. Batts, Jr. in his official capacity as General Manager
be ratified and confirmed. A resolution delegating such authority to the General Manager
has been drafted and is attached for the Board's consideration and adoption. The General
Manager will continue to advise the Board of major upcoming capital projects, the
engineer's estimates, and bidding schedules as part of the General Manager's Report.
RECOMMENDED BOARD ACTION: Adopt the attached resolution ratifying and confirming
authorization of General Manager to execute documents.
1 217 /01
Page 2 of 3
RESOLUTION NO. 2001-
A RESOLUTION RATIFYING AND CONFIRMING AUTHORIZATION OF
GENERAL MANAGER TO EXECUTE DOCUMENTS
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CENTRAL CONTRA COSTA
SANITARY DISTRICT THAT:
Charles W. Batts, Jr., General Manager, be and is hereby authorized to execute all
contracts, warrants, releases, receipts, and similar documents for and on behalf of the
District in accordance with California Health and Safety Code Section 6487, including all
documents prepared and circulated as part of the public competitive bidding process,
except for financial transactions as set forth in Government Code Section 53995.
BE IT FURTHER RESOLVED THAT:
The authorization herein referred to for said Charles W. Batts, Jr., General
Manager, is an integral part of his position and any documents heretofore executed by
Charles W. Batts, Jr. in his official capacity as General Manager are hereby ratified and
confirmed.
PASSED AND ADOPTED this 20th day of December, 2001, by the District Board
of the Central Contra Costa Sanitary District by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Secretary of the Central Contra Costa
Sanitary District, County of Contra Costa,
State of California
APPROVED AS TO FORM:
Counsel for the District
Page 3 of 3
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: December 20, 2001
Type of Action: Human Resources
No.: 7. a . HUMAN RESOURCES
Subject. CREATE ONE SOURCE CONTROL INSPECTOR 1/11. RECLASSIFY KEN NULL TO
THE POSITION OF SOURCE CONTROL INSPECTOR I (G-60, $3859 - $4787). DELETE
THE POSITION OF COLLECTION SYSTEM OPERATIONS TECHNICIAN (G-59, $3771-
$4677)
Submitted By:
Curtis W. Swanson
Division Manager
R0r;;DRECO~OARD~
C. Swanson A. Farrell C. Freitas
Initiating Dept./Div.:
Engineering/Environmental Services
ISSUE: Board approval is required to create and delete positions. and to reclassify an
individual.
RECOMMENDATION: Reclassify Ken Null to the position of Source Control Inspector I. Delete
the position of Collection System Operations Technician (G-59, $3771-$4677).
FINANCIAL IMPACTS: The reclassification of Ken Null to Source Control Inspector I will result
in a 2%% salary increase from G-59 to G-60 ($3,859 to $4,787).
ALTERNATIVES/CONSIDERATIONS: 1.) Do not approve the reclassification and leave Mr.
Null at C.S.O.; or, 2.) Do not approve the reclassification and move Mr. Null to Source Control
at his current title and pay range.
BACKGROUND: The Source Control Section is responsible for the District Pretreatment
Program and Stormwater Inspection Program. A portion of the funding for the Source Control
Section employees comes from a contract with the Contra Costa County Flood Control and
Water Conservation District to provide stormwater inspection and enforcement services for the
Clean Water Program.
The Collection System Operations Department has one Collection Systems Operations
Technician (Ken Null) who is responsible for grease control at restaurants and other food
service businesses. He interacts with the Source Control Section frequently and conducts
stormwater inspections at food service facilities.
Because the CSO and Source Control Section Inspectors interact frequently and have shared
responsibilities, staff proposes to combine all source control, pretreatment. stormwater and
12/13/01
C:\WI N DOWS\TEMP\ReclassifySourceControllnsp.wpd
Page 1 of 2
POSITION PAPER
Board Meeting Date: December 20. 2001
Subject. CREATE ONE SOURCE CONTROL INSPECTOR 1/11. RECLASSIFY KEN NULL TO
THE POSITION OF SOURCE CONTROL INSPECTOR I (G-60. $3859 - $4787). DELETE
THE POSITION OF COLLECTION SYSTEM OPERATIONS TECHNICIAN (G-59, $3771-
$4677)
grease control activities into one section (see attached organization chart). This consolidation
will provide for a uniform approach to dealing with customers. and better planning and
coordination of pretreatment and stormwater activities. Ken Null would be transferred to the
Engineering Department Source Control Section and reclassified to a Source Control Inspector
I. The Source Control Section will provide proactive and reactive grease-related sewer overflow
inspection/investigation services to CSO.
Under the proposed reclassification, Mr. Null would be included in the same classification series
(Source Control Inspector 1/11) as the other inspectors in the Source Control Section. This
proposal would provide a career advancement opportunity that is currently not available to Mr.
Null. To advance to the level of Source Control Inspector II, Mr. Null will have to perform
satisfactorily as a Source Control Inspector I for 18 months and meet the education and
certification requirements of the Source Control Inspector I classification. The education
requirements are completion of college level inorganic and organic chemistry courses.
In addition to a career path, assignment to the Source Control Section will provide an
opportunity for Mr. Null to perform the full range of source control inspection duties rather than
the limited duties associated with inspection of only food service businesses.
Staff has met with Mr. Null and representatives of the Union to discuss the proposed
reclassification and assignment to the Source Control Section on two occasions. Mr. David
Rolley, President of Local One, has stated his intention to address the Board and appeal for
Mr. Null to be reclassified as a Source Control Inspector II.
RECOMMENDED BOARD ACTION: Reclassify Ken Null to the position of Source Control
Inspector I. Delete the position of Collection System Operations Technician (G-59. $3771-
$4677).
12/13/01
Page 2 of 2