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HomeMy WebLinkAboutBOARD MINUTES 11-06-80 1804 MINUTES OF A REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON NOVEMBER 6, 1980 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 November 6,1980 at 7:30 p.m. President Carlson called the meeting to order and requested the Secretary to call roll. 1. ROLL CALL PRESENT: Members: Boneysteele, Dalton, Campbell and Carlson ABSENT: Member: Stanley President Carlson advised that Member Stanley was excused due to a conflicting meeting, but he anticipated being present later in the meeting. I!. APPROVAL OF MINUTES MINUTES OF THE MEETING OF SEPTEMBER 18, 1980 1. After discussion, it was moved by Member Campbell, seconded by Member Dalton, that the minutes of September 18 be approved with the following addition: . Under "III. BIDS AND AWARDS, 1. AUTHORIZE AWARD OF CONTRACT FOR THE CONSTRUCTION OF DECHLORINATION FACILITY IMPROVEMENT PROJECT, DSP 3272, TO C. W. ROEN CONSTRUCTION CO.", add the following sentence to the end of the first paragraph. "President Carlson stated that it was the consensus of the Board to defer this item until a hearing could be held." Motion carried by the following vote: AYES: NOES: ABSENT: Members: Boneysteele, Dalton, Campbell and Carlson Members: None Member: Stanley II!. EXPENDITURES: Member Boneysteele, member of the ~udget and Finance Committee, stated that he had reviewed the expenditures and found them to be satisfactory. After discussion, it was moved by Member Boneysteele, seconded by Member Dalton, that Running Expense Warrant Nos. 13126-13311; and Sewer Construction Warrant Nos. 1247-1259, be approved. Motion carried by the fo 11 owi ng vote: AYES: NOES: ABSENT: Members: Boneysteele, Dalton, Campbell and Carlson Members: None Member: Stanley IV. HEARINGS 1. PUBLIC HEARING ON THE TOWN OF MORAGA's REQUEST FOR MODIFICATION TO GARBAGE COLLECTION SERVICE President Carlson opened the hearing and requested representatives from the Town of Moraga to present their request. Councilwoman Margaret DePriester addressed the Board on the modification of the level of garbage servlce for the Town of Moraga. She stated that as a result of notices and publications, followed by three public hearings, it was determined that the residents of the Town of Moraga favored the addition of a weekly trimming pickup and general cleanup collections three times a year to the present garbage service for single family residences (not including apartments and condominiums). .,~ ; ~ - ~- (itJ ~u 1805 President Carlson requested Mr. George Navone of the Orinda/Moraga Disposal Service to address the Board and explain the modification in service and its cost. Mr. Navone stated that the additional service would consist of an extra pickup of one-can per week of garden trimmings and a tri-annual cleanup not to exceed two yards. The cost to the individual resident for the extra service would be approximately $1.00 per month and would become effective on January 1,1981 for a period of 15 months. This additional charge would not be affected by the application for a garbage collection rate increase which may be filed by the disposal company during the first quarter of 1981. President Carlson asked for comments from the audience. Ms. Marjorie Linebaum, a resident of Miramonte Gardens, objected to the extra service contending that individuals residing in condominiums have no need for this type of service and therefore the extra cost would be an imposition. Mr. Navone explained that for the past two years Orinda/Moraga Disposal Service has provided Miramonte Gardens with a drop box for their garden clippings at no cost. This service will continue but a charge of $1.00 per unit will be imposed. Mr. Navone added that any cluster complex requesting a drop box will be serviced at a cost. Mrs. Sharon Galiano, President of the Moraga Garden Club, expressed her support for the modification of the garbage service. Mr. Gary Chase, Manager of the Town of Moraga addressed the Board stating that as expressed in their letter to the District dated September 18, the Council Committee wanted the modification of the level of garbage service for its single family residences but specifically requested that multiple residential developments having alternate disposal service be excluded from this service unless specifically requested through Mr. Navone. A motion to that effect was made and carried at the Town of Moraga's Council Meeting of September 17,1980. President Carlson commented that further clarification on service for single family residence vs. condominium multiple residential developments seems to be required and suggested that the matter be held over to the next regular board meeting. There being no further discussion or comments, President Carlson closed the hearing. After discussion, it was the consensus of the Board that staff be directed to prepare an ordinance reflecting the requests of the Town of Moraga for modification of the level of garbage collection service for single family detached residences and that staff conduct discussion with Mr. Navone of Orinda/Moraga Disposal Service on the matter of the feasibility of modifying the garbage service for condominium residents, and that those findings be presented to the Board at the meeting of November 20, 1980. President Carlson expressed his thanks to the people involved in the hearing. At 8:15 p.m., President Carlson recessed the meeting. At 8:20 p.m., President Carlson reconvened the meeting. 1'1" -- ( '\ ,""",' , tt ('\"" "i-!" ! ',' f.r~ , 1806 Mr. Dolan, General Manager-Chief Engineer, requested that the item pertaining to the Employees Association1s protest regarding the handling of the insurance proposal be heard at this time. Board members voiced no objections to the request. There being no representatives of the Employees Association or the Wage and Benefits Committee present at this time, President Carlson stated the matter would be held over to 9:00 p.m., and reverted to the order of the agenda. v. CONSENT CALENDAR After discussion, it was moved by Member Dalton, seconded by Member Campbell, that items 1 through 6 be adopted, items 7 through 10 be authorized and adopted, items 11,12,13,15 and 16 be approved, and item 14 be deleted. 1. Resolution No. 80-218. A resolution accepting an easement at no cost to the District from the City of Martinez - Martinez area, Job No. 3406, Parcell, and authorize recording. 2. Resolution No. 80-219. A resolution accepting an easement at no cost to the District from the City of Martinez, Martinez area, Job No. 3406, Parcel 2, and authorize its recording. 3. Resolution No. 80-220. A resolution accepting an easement at no cost to the District from the Tri-Smith Co., and Orinda Home Owners Assoc., Job 2426, Parcels 3 R-l and 7, and authorize its recording. 4. Resolution No. 80-221. A resolution accepting an easement at no cost to the District from Roger P. Powell, et al, Walnut Creek area, Job No. 3417, Parcel 2, and authorize its recording. 5. Resolution No. 80-222. A resolution accepting an easement at no cost to the District from J. L. Arrighi, et al, Walnut Creek area, Job No. 3442, Parcel 2 and authorize its recording. 6. Resolution No. 80-223. A resolution accepting an easement at no cost to the District from V. J. Coffaro, et al, Walnut Creek area, Job No. 2864, Parcel 3, and authorize its recording. Resolution No. 80-224. Authorize execution of Agreement Relating to real property with Gary B. Logsdon et ux, Job 1637, Parcell, Lafayette area, and authorize its recording. 7. 8. Resolution No. 80-225. Authorize execution of Agreement Relating to Real Property with James Sexton and Pauline M. Wild (Job 2847, dedicated) Martinez area, and authorize its recording. 9. Resolution No. 80-226. Authorize execution of a Quitclaim of Easement to Tri-Smith Company, owner Lot 87 Sub. 3833 (Job 2426, Parcel 5 and Portion of Parcel 3), Orinda area and authorize its recording. 10. Resolution No. 80-227. Authorize execution of a Quitclaim of Easement to Orindawood Homeowners Assn., owner of Lot 82, Sub. 3833, (Job 2426, Por. Parcel 3) Orinda area and authorize its recording. Authorize PA 80-37 (Danville area) to be included in the next formal annexation to the District. 11. 12. Authorize PA 80-38 (Orinda area) to be included in the next formal annexation to the District. 13. Authorize PA 80-39 (Alamo area) to be included in the next formal annexation to the District. 1 I ",... . '. t1 8(} .. -,,--------'----_..,----'- ,--,------,--_.._-------- 1807 14. (I tem de 1 eted ) 15. Authorize PA 80-41 (Danville area) to be included in the next formal annexation to the District. 16. Approve Policy for Safety Shoes Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Dalton, Campbell and Carlson None Stanley VI. ADMINISTRATIVE 1. ADOPT ORDINANCE REFLECTING CHANGES TO REBATE CHAPTER OF THE DISTRICT CODE Mr. Dolan, GM-CE, explained that this ordinance was requested by the Board and is consistent with the rebate fee adjustment procedure adopted by the Board at the October 2, 1980 meeting. After discussion, it was moved by Member Dalton, seconded by Member Campbell, that an ordinance reflecting changes to the chapter of the District Code pertaining to sewer rebate fees be adopted and that this ordinance shall be a general regulation of the District and shall be published once in the Contra Costa Times, a newspaper of general circulation, published and circulated in the Central Contra Costa Sanitary District and shall become effective upon the expiration of the week of publication. Ordinance No. 144. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Dalton, Campbell and Carlson None Stanley 1. VI I. 1979-1980 AUDIT REPORT BUDGET AND FINANCE Mr. Dolan, GM-CE, explained that the 1979-80 Audit Report issued by Laventhol and Horwath, Certified Public Accountants, contains two exceptions based on two practices of the District: (1) the District does not record and depreciate contributed subsurface lines; and (2) the District does not provide for depreciation of sewage collection facilities. The basis for the exceptions are that generally accepted accounting principles require recording assets dedicated to a public entity or enterprise and that all assets accept land be depreciated over their estimated useful 1 i ves . Discussion followed wherein Member Boneysteele indicated that the non-depreciation of subsurface lines was in accordance with the Uniform System of Accounts established by the California State Controller's Office. Mr. Walter Funasaki, Finance Officer, stated that the audited financial statements do indicate that the non-depreciation procedure was permitted by the State Controller's Office. However, with the establishment of the Environmental Quality Charge, the District is considered by Laventhol and Horwath to be on an enterprise basis and is required to conform to generally accepted accounting principles for reporting purposes. He indicated that Laventhol and Horwath will also restate the 1978-79 Audit Report since the two exceptions were present at that time. Recognizing the relatively unconsequential nature of the exceptions, Mr. Funasaki recommended that the Board accept the Audit Report for 1979-80 and the restated Audit Report for 1978-79, and that the District proce~d to conform accounting procedures to generally accepted accounting pract1ces so as to remove the exceptions from the Audit Report in the 1980-81 fiscal year. !' " , .\ , t.,~'ái, ~ : ], .I 1808 After further Board and staff discussion, it was moved by Member Dalton, seconded by Member Campbell, that the 1979-80 Audit Report and the restated 1978-79 Audit Report be accepted. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Dalton, Campbell and Carlson None Stanley 2. APPROVAL OF BILLS FOR LITIGATION SERVICES ACCRUED PAYABLES After explanation by Mr. Carniato, District Counsel, it was moved by Member Dalton, seconded by Member Campbell, that the statements dates October 3 and November 3,1980 for services rendered, costs advanced and accrued payables relative to General, Acme Fill Corporation, EBMUD, Higby, Personnel Peterson/Simpson, Kaiser Industries, Fred J. Early, Jr., and the Contra Costa County Water District, totalling $51,143.80 be approved Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Dalton, Campbell and Carlson None Stanley President Carlson requested at this time the Board digress from the order of the agenda to take up the matter of the letter from the Employees Association. Board members voiced no objections. x. INFORMATION 2. LETTER FROM THE EMPLOYEES ASSOCIATION Mr. Dolan, GM-CE, suggested that it might be appropriate to declare an executive session to review the letter from the Employees Association prior to discussion in open session. At 9:00 p.m., President Carlson declared an executive session to review the letter from the Employees Association regarding the insurance proposal and cost. At 9:33 p.m., President Carlson closed the executive session and reconvened the meeting. President Carlson asked if there was anyone in the audience representing the Employees Association or the Wage and Benefit Committee. There were no representatives present at the meeting. As a result of the executive session, it was moved by Member Campbell, seconded by Member Dalton, that the following findings from the information provided by the Board's representatives be drafted into a resolution in response to the letter from the Employees Association dated November 3, 1980. Resolution No. 80-228A. (1) Acknowledged receipt of and reviewed the Employees Association letter of November 3,1980. (2) Interviewed the Board's authorized representatives and found that substantial time, in excess of 5-1/2 hours, was devoted to the issue. (3) Reviewed the Memorandum of Understanding on this issue and found it reflects our desire for a joint study by management and the Employees I Association to review various insurance coverages, maximize benefits and select appropriate brokers. (4) The Board found that both management and the Employees I Association contributed substantially to the proposed package, meeting and conferring in good faith at several meetings totalling over 5/1/2 hours and devoting substantial additional time to preparation and drafting of the package. ') . -... ""co (} t) 8f) 1809 (5) The Board also found that substantial compromises were made on both sides, but an impasse on an essentially minor issue occurred and the Employees. Association representatives, after a clear warning to refrain from such measures, resorted to anger, profanity, and attempted intimidation in direct disregard of the spirit of the Meyers-Mi1ias- Brown Act for "free exchange of information, opinions, and proposals to endeavor to reach agreement. II As a result of the above consideration, the Board affirmed the actions of their representatives. They also wish to advise the Employees I Association that any future incidents of profanity, overly demonstrative anger or intimidation will be considered by this Board and its representatives as failure to meet and confer in good faith. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Boneysteele, Dalton, Campbell and Carlson None Stanley President Carlson reverted to the order of the agenda VIII. CAPITAL IMPROVEMENTS 1. APPROVE AMENDMENT NO.3 TO TASK A AGREEMENT WITH METCALF & EDDY COVERING DESIGN OF THE CORRECTIONS TO THE STAGE 5A FACILITIES, SUBJECT TO STATE WATER RESOURCES CONTROL BOARD APPROVAL After explanation by Mr. Dolan, GM-CE, it was moved by Member Boneysteele, seconded by Member Dalton, that the General Manager-Chief Engineer be authorized to execute Amendment No.3 to Task A Agreement with Metcalf & Eddy covering the design of corrections to Stage 5A deficiencies at a cost not to exceed $1,271,650 upon receipt of written approval from the State Water Resources Control Board. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Dalton, Campbell and Carlson None Stanley 2. APPROVAL OF AMENDMENT NO.2 TO THE TASK A AGREEMENT WITH METCALF & EDDY COVERING FINAL DESIGN OF GRIT HANDLING FACILITIES After explanation by Mr. Dolan, GM-CE, it was moved by Member Dalton seconded by Member Boneysteele, that the General Manager-Chief Engineer be authorized to execute Amendment No.2 to the Task A Agreement covering the final design of Grit Handling Facilities at a cost not to exceed $30,064. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Boneysteele, Dalton, Campbell and Carlson Members: None Member: Stanley IX. ITEMS LATE FOR THE AGENDA a. B£ÇUEST AUTHORIZATION TO ACCEPT AND AWARD VEHICLE BIDS 1980-81 DISTRICT BUDGET Mr. Dolan, GM-CE, advised that the following were low budget bids received for eight vehicles authorized in the 1980-81 District Budget. 4 small pickups 1 Ton Cab & Chassis 1-3/4 ton pickup 1 4-door compact 1 Sub Compact $23,259.40 7,555.58 7,987.50 7,731. 29 5,888.15 East Bay Ford Truck Parker-Robb Chev. Don Young Parker-Robb Chev. Fitzpatrick Chev. 1, I,",' (} 6 '."','," 0.. , ~' 1810 After discussion, it was moved by Member Boneysteele, seconded by Member Dalton, to accept the apparent low bids for the subject vehicles and authorize the purchase of the vehicles for the total amount of $52,421.92. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Boneysteele, Dalton, Campbell and Carlson None Stanley x. INFORMATION LETTER OF APPRECIATION FROM JOSEPH CAMPBELL, INC. 1. Board Members acknowledged receipt of the letter of appreciation from Joseph L. Campbell, Inc., in regard to his experience with the District and staff on a recent Pleasant Hill project. 2. LETTER FROM THE EMPLOYEES I ASSOCIATION This matter was discussed and acted upon earlier in the meeting x!. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a.Mr. Dolan advisedthat t:tiefl&ldÜ1g Basin Project is now completed and invited Board Members to make an on-site inspection. b. Mr. Dolan commented that one of the goals and objectives for 1980 is to eliminate safety and operational deficiencies at the pump stations. Staff has mailed out Request for Proposals to engineering firms for design of corrective work to be performed at the Martinez and Lower Orinda pump stations. The proposal from the engineers should be received by the end of the month.. c. Mr. Dolan stated that he finds no need for continuance of the J. B. Gilbert 5B-I, EIR-EIS contract and recommended its termination. He requested an expression from the Board on this matter. The Board voiced no objection to the termination of the contract with J. B. Gilbert for 5B-I, EIR-EIS work. d. Mr. Dolan informed the Board that the firm of Wegman and Carrollo has been selected to do the work on the Solid Waste to Energy Project. e. Mr. Dolan gave the Board report on the status of the progress to date of the joint study being done by the District Management and Employees Association to develop an employee benefit insurance package for decision and adoption by the Board. f. Mr. Dolan directed the Board's attention to the Personnel Summary Report dated November 5,1980. POSITION~ BEING ADVERTISED CConstruction Equipment Operator Special Projects Engineering Division Manager ELIGIBILITY LISTS ESTABLISHED Operator I II Senior Buyer Vehicle & Equipment Services Attendant Associate Engineer (Contract Specialist) POSITIONS BEING TESTED Operator I (Oral Exam, Wednesday, November 12, 1980) 1.1 ",~ tJU ~O ,.---..,."- ------ -.--.. ,-----_._,--,------ ,---,., -,,' ,----..-- 1811 Associate Engineer (Environmental) (Oral Exam, Tuesday, November 18, 1980) PERSONNEL CHANGES Permanent Appointments CHARLES PAT O'CONNER, Senior Buyer, Range 68A, $1930, effective November 3, 1980, new hire RICHARD POWELL, Vehicle & Equipment Services Attendant, Range 45A, $1122, effective October 20, 1980, new hire. CURTIS SWANSON, Associate Engineer (Contract Specialist), Range 77B, $2509, effective December 1, 1980. g. Mr. Dolan advised that a course on Labor-Management Relations will be conducted by the American Public Works Association in New Mexico on November 13-14. Board Members were of the opinion that benefits would be derived from such a course, but preferred that it be taken when conducted in our general area. 2. COUNSEL FOR THE DISTRICT Mr. Carniato informed that he would present his report in executive session. 3. DISTRICT SECRETARY None 4. COMMITTEES None XI!. MATTERS FROM THE FLOOR None XII 1. EXECUTIVE SESSION At 9:55 p.m., President Carlson declared an executive session to discuss current and potential litigation matters. At 10:34 p.m., President Carlson closed the executive session and reconvened the meeting. XIV. ADJOURNMENT At 10:35 p.m., President Carlson adjourned the meeting to November 13, 1980. h ¿ / " . I;Jap i/ V~ President of the District Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Ii (J t; ~~,~