HomeMy WebLinkAboutBOARD MINUTES 05-01-80
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MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD
OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD MAY 1, 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 May ì, 1980 at 7:30 p.m.
President Carlson called the meeting to order and requested the
Secretary to call roll.
1.
ROLL CALL
PRESENT:
ABSENT:
Members:
Member:
Boneysteele, Dalton, Campbell and Carlson
Stanley
II.
APPROVAL OF MINUTES
1.
MINUTES OF THE MEETING OF APRIL 3, 1980
The minutes of the meeting of April 3, 1980 were deferred to the
next meeting.
III.
APPROVAL OF EXPENDITURES
Member Boneysteele, member of the Budget and Finance Committee
stated that he had reviewed the expenditures indicated on the lists
dated May 1,1980, and found them to be satisfactory.
After discussion, it was moved by Member Boneysteele, seconded by
Member Dalton, that the expenditures paid by Sewer Construction Warrant
Nos. 1018 through 1042 inclusive and Running Expense Warrant Nos. 10071
through 11094 inclusive; be approved. Motion was carried by the following
vote:
AYES: Members: Boneysteele, Dalton, Campbell and Carlson
NOES: Members: None
ABSENT: Member: Stanley
IV. HEARINGS
None.
V. BIDS 1.
1.
a.
REPORT BIDS FOR INSTALLATION OF COMPOSITE SEWAGE SAMPLERS, DSP 3346
b. AWARD CONTRACT FOR INSTALLATION OF COMPOSITE SEWAGE SAMPLERS,
DSP 3346 AND AUTHORIZE FUNDS
Mr. Dolan, General Manager-Chief Engineer (GM-CE), reported that
bids for the installation of a composite sewage sampler were received
and opened on April 24, 1980. They were as follows:
McCrary Construction Co.
Foster City, CA
$35,500
Monterey Mechanical Co.
Oakland, CA
$38,500
D. W. Nicholson Corp.
San Leandro, CA
$56,637
Da 1 ze 11 Corp.
Emeryvi 11 e, CA
The Engineer's Estimate was $35,800
$54,000
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After discussion, it was moved by Member Dalton, seconded by Member
Boneysteele to award the contract for installation of a composite sewage
sampler, DSP 3346 to McCrary Construction Company for the amount of
$35,500 and authorize the establishment of a sewer construction fund in
the amount of $41,600 ($35,500 for contract and $6,100 to cover contingencies
connected with the project). Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Boneysteele, Dalton, Campbell and Carlson
None
Stanley
President Carlson called for any items to be taken out of order.
Mr. Dolan, GM-CE, suggested that the Board consider VII. NEW BUSINESS,
Item 7a. at this time. Board Members voiced no objections to the suggestion.
VI I.
NEW BUSINESS
7.
PERSONNEL
ADMINISTRATIVE
a. REVIEW WAGE AND BENEFIT REQUESTS FOR 1980-81 AND CORRESPONDENCE FROM
EMPLOYEES ASSOCIATION AND CONSIDER MEET AND CONFER REQUIREMENT
Member Campbell made a statement concerning his activities on the
Personnel Committee regarding the Employees Association's requests and
correspondence. He concluded his statement by suggesting that 'the
General Manager-Chief Engineer and District Counsel be designated to act
as representatives of the District Board in meet and confer sessions
with the CCCSD Employees Association.
Mr. Dolan, GM-CE, made a series of observations and comments relating
to the correspondence received from the Employees Association. Mr. Dolan
believes that through cooperation and understanding a settlement can be
reached that will serve the interest of both the employees and the
public.
It was moved by Member Campbell to adopt a resolution acknowledging
receipt of the Employees Association's Wage and Benefit Request for
Fiscal Year 1980-1981 and the appointment of representatives to the
Board of Directors for the purpose of meeting and conferring with representatives
of the Central Contra Costa Sanitary District Employees Association.
Discussion followed.
Mr. David Johnson, President of the Employees Association, introduced
members of the Association's Wage and Benefit Committee to the Board.
They were as follows: Messrs. Peter Wiebens, Peter Filipovich, Kenneth
Moon, Ken Laverty and Donald Risden. Mr. Johnson commented on the
communications between the Board and members of the Association.
Mr. Filipovich discussed the meet and confer process as it related
to the Board's actions.
Mr. Carniato, District Counsel, distributed to the Board copies of
the proposed resolution and in his opinion the resolution and its adoption
would be in conformance with the Meyers-Milias-Brown Act.
Mr. Carniato commented on the concern of the Wage and Bene-fit
Committee as to the legality of the meet and confer sessions through
representatives There was no question in his opinion that the requirements
may be met by appointed representatives.
Mr. Donald Risden commented that the Govenment Code of the State of
California is emphatic that employees cannot serve as representatives in
meet and confer sessions, and both Mr. Dolan and Mr. Carniato are employees
of the District. He also discussed the activities of the Board at the
Board Meeting of April 17, when the Board adjourned into executive
session to discuss a personnel matter.
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President Carlson stated that there is a motion before the Board to
adopt the resolution as prepared and asked for any Board comments.
Member Boneysteele commented that the Board Members are not available
during the working day due to their job responsibilities., Because of
their limited time availability, it would be impossible for a Board
Member to properly negotiate wages and benefits.
After further discussion, Member Dalton seconded the motion previously
made by Member Campbell to adopt the resolution acknowledging receipt of
the Employees Association's wage and benefits request for fiscal year
1980-1981 and the appointment of representatives of the Board of Directors
for the purpose of meeting and conferring with representatives of the
Central Contra Costa Sanitary District Employees Association. Resolution
No. 80-61. Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Boneysteele, Dalton, Campbell and Carlson
None
Stanley
President Carlson thanked the employees for attending the Board
Meeting and reverted to the order of the agenda.
VI.
OLD BUSINESS
1.
a.
APPROVE AGREEMENT WITH MACKINLAY, WINNACKER, MCNEIL AIA & ASSOCIATES,
INC., FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE NEW OFFICE
BUILDING DSP 3000, AND AUTHORIZE EXECUTION
Mr. Dolan, GM-CE, advised that at the last meeting the Board had
expressed concern over some items in the ~MM Agreemevt and the fee
structure. The fee structure was based on a time and expense method
with a fixed ceiling. The Board was of the opinion that the fee curve
was too high for this type of work and asked MWM to submit a modified
curve. Mr. Tom Dawson, an associate with the office of John J. Carniato,
District Counsel, met with MWM and proposed some changes to the Agreement;
namely, under Article 1, subparagraph 1.1.2, Design and Development,
and Article 8, subparagraph 8.1, Basic Services.
The Board reviewed the amended contract. Mr. Winnacker of MWM
addressed the Board, stated that by comparison a contract involving a
fixed fee would result in a lower cost to the District than a contract
based on time and expense with a ceiling. Discussion followed after
which President Carlson stated that he felt the contract would be acceptable
if the fee was based on a time and expense figure not to exceecl 6~1/e%,
regardless of the construction cost.
The Board excused MWM representatives to consider a reduced fee
schedule and continued with the agenda until such time that MWM returned
to the meeting.
2.
APPROVE PLANS AND PROJECT MANUAL FOR BACKUP CAKE PUMP INSTALLATION AND
AUTHORIZE ADVERTISING FOR BIDS
Mr. Dolan, GMCE, explained that at the meeting of January 10, 1980,
the Board authorized Rickard Associates to prepare plans and specifications
for the installation of a backup cake pump in the solids conditioning
buil di ng.
The plans and specifications have now been completed and staff is
requesting authorization to advertise for bids for the installation of
the backup cake pump. The preliminary Engineer's Estimate for this
project is $45,000.
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After discussion, it was moved by Member Dalton, seconded by Member
Boneysteele that the plans and specifications for the installation of
the backup cake pump be approved and to authorize advertising for bids
for the project. Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Boneysteele, Dalton, Campbell and Carlson
None
Stanley
APPROVE PLANS AND PROJECT MANUAL FOR DECHLORINATOR FACILITY IMPROVEMENTS,
PROJECT DSP 3272 AND AUTHORIZE ADVERTISING FOR BIDS
3.
Mr. Dolan, GM-CE, explained that this project is funded under the
Clean Water Grant Program as part of the Stage 5B expansto,n ,project
and is eligible for reimbursement of up to 87-1/2%-of cons~ruction
costs. The preliminary engineers estimate is $180,300.
After discussion, it was moved by Member Dalton, seconded by Member
Boneysteele, that the plans and specifications for Declorinator Facility
Improvements, Project DSP 3272 be approved and that advertising for bids
be authorized. Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Boneysteele, Dalton, Campbell and Carlson
None
Stanley
4.
APPROVE PLANS AND SPECIFICATIONS FOR CONSTRUCTION SERVICES BUILDING AND AUTHORIZI
THE ADVERTISING FOR BIDS
After explanation by Mr. Dolan, GM-CE, and Board discussion, it was
moved by Member Dalton, seconded by Member Campbell, that the plans and
specifications for the Construction Services Building (Job No. 3383) be
approved subject to staff review in regard to providing sewer service to
the site and that advertising for bids be authorized. Motion carried by
the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Boneysteele, Dalton, Campbell and Carlson
None
Stanley
VI I.
NEW BUSINESS
ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT AND ADOPTION OF
RESPECTIVE RESOLUTIONS AND AUTHORIZE RECORDING
1.
After discussion, it was moved by Member Campbell, seconded by Member
Dalton, that the easements, as listed, be accepted at no cost to the
District, respective resolutions adopted and recordation authorized.
Grantor Area Job No. Parcel Res No.
a. Silverwood Dev. Co. Walnut Creek 3253 2 80-62
b. Ronald G. Dennis &
Joanne G. Dennis Walnut Creek 2272 1 80-63
c. Pine Grove Associates Orinda 3359 1 80-64
d. Zocchi Brothers Pleasant Hill 3112 1 80-65
e. Thomas F. Morgan & Nancy
M. Morgan Diablo 2421 1 80-66
f. Cleaveland Green Assoc. Pleasant Hill 3364 2 80-67
g. Crow Canyon Executive Park San Ramon 3353 2 80-68
Motion carried by the following vote:
AYES: Members: Boneysteele, Dalton Campbell and Carlson
NOES: Members: None
ABSENT: Member: Stanley
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2.
AUTHORIZE EXECUTION OF QUITCLAIM EASEMENT - WALNUT CREEK AREA,
JOB NO. 2272 (TRACT EASEMENT) AND RECORDING SM1E
After explanation by Mr. Dolan, GM-CE, it was moved by Member
Dalton, seconded by Member Campbell, that the President and Secretary
be authorized to execute a quitclaim easement, Walnut Creek area,
Job NO. 2272, Parcel Miscellaneous, a resolution adopted to that effect
and their recording authorized. Resolution No. 80-69. Motion carried by
the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
r~ember :
Boneysteele, Dalton, Campbell and Carlson
None
Stanley
3.
AUTHORIZE PA 80-14 SAN RAMON AREA, PA 80-15 DANVILLE AREA AND
PA 80-16 DANVILLE AREA TO BE INCLUDED IN THE NEXT FORMAL ANNEXATION
TO THE DISTRICT
Mr. Dolan, GM-CE, felt it would be appropriate at this time to give
the Board an update on the continuing issue of tax revenues from newly
annexed property.
County Auditior has defined an increase in the assessed value of
properties after the date of annexation as a tax increment. The County
is proposing that the tax increment would be shared with various special
districts. Under this proposal, the District would receive a share of those
tax revenues comparable to the share we receive elswhere in our service
area. Considering that most properties are raw land when annexed to the
District, there is a marked increase in the assessed value when sewers are
extended and the land developed. EBMUD and CASA are receptive to the proposal.
The preferred position for Central San would be to receive a share of the
total tax base (tax prior to July 79 and increments) for the properties
annexed or other equitable tax sharing system.
Discussion followed wherein the Board considered the possibility of
holding over the approval of any further pending annexations until the
matter of distribution of the revenues from annexations had further
clarification.
" .
Mr. Dolan, GM-CE, asked if there was anyone in the audience who had
an interest in the pending annexations being presented before the Board.
There was no one.
After further discussion, it was moved by Member Dalton, seconded by
Member Campbell, that authorization for PA 80-14 (San Ramon Area), PA 80-15
(Danville Area) and PA 80-16 (Danville Area) to be included in the
next formal annexation to the District be approved. Motion carried by the
following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Boneysteele, Dalton, Campbell and Carlson
None
Stanley
4.
REVIEW OF DISTRICT SPHERE OF INFLUENCE BOUNDARY AND CONSIDER LAFCO REQUEST
FOR ANY DESIRED CHANGES
Mr. Dolan, GM-CE, advised that a letter has been received from
LAFCO asking if the District had any desire to change its sphere of
influence (SOl). Since LAFCO is mandated by Government Code 54774 et
seq., it is their policy to conduct a review of the SOls periodically in
order to determine if any changes should be made.
Member Dalton mentioned that for years there has not been a determined
Boundary between Central San and Mt. View or Dublin/San Ramon. It might
be appropriate to make a boundary determination at this time. Discussion
followed wherein Mr. Dolan advised the Board that he would draft a
letter to LAFCO requesting them to consider this matter. No further
action was taken.
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President Carlson noted that Mackinlay, Winnacker, McNeil (MWM),
had concluded their conference and requested that the Board return to
IIItem 1 of IIV1. OLD BUSINESSII. Board Members voiced no objections.
1.
a.
APPROVE AGREEMENT WITH MACKINLAY, WINNACKER, MCNEIL AIA &
INC., FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE NEW OFFICE
BUILDING DSP 3000, AND AUTHORIZE EXECUTION
Mr. Bob Wood of MWM advised that the firm has completed the schematic
design drawings incorporating the requested changes. He stated that the
firm would be willing to amend the proposed agreement to set the fee at
6-1/2% with a lower ceiling of $185,000.
Discussion followed wherein Mr. Dolan, GM-CE, explained the graph
outlining the architectural cost for the new building on a cost and
percentage basis.
After further discussion and explanation, it was moved by Member
Boneysteele, seconded by Member Campbell, that the fee formula for basic
arthitectural services by MWM for the design and construction of the new
Administration Building be approved as; 7-1/2% of construction cost if
the total cost is between 2.0 and 2.5 million; if the construction cost
is between 2.5 and 2.9 million, the services shall be provided for the
fixed fee of $185,000 ; if construction cost above 2.9 million, the fee
shall be 6-1/2% of the construction cost; and that the President of the
Board be authorized to execute the modified Agreement with MWM. Motion
carried by the following vote:
AYES: Members: Boneysteele, Dalton, Campbell and Carlson
NOES: Members: None
ABSENT: Member: Stanley
b. AUTHORIZE $100,000 FOR ARCHITECTURAL SERVICES PROVIDED BY MACKINLEY
WINNACKER, MCNEIL AIA & ASSOCIATES, INC., IN CONJUNCTION WITH THE
NEW OFFICE BUILDING, DSP 3000 AND OTHER IN HOUSE EXPENSES
This item was deferred to the meeting of May 15, 1980.
President Carlson thanked the architects for attending the meeting
and reverted to the order of the agenda.
VI I.
NEW BUSINESS
5.
AUTHORIZE EXECUTION OF JOINT EXERCISE OF POWERS AGREEMENT WITH CONTRA
COSTA COUNTY FOR THE 1980 SEAL COATING PROGRAM AND AUTHORIZE $12,500
FOR THE COST OF THE WORK
After explanation by Mr. Dolan, GM-CE, it was moved by Member
Dalton, seconded by Member Boneysteele, that the President of the Board
and the GM-CE be authorized to execute a Joint Powers Agreement with
Contra Costa County for the 1980 Seal Coating Program and to authorize
$12,500 for the cost of the work. Motion carried by the following vote:
AYES: Members: Boneysteele, Dalton, Campbell and Carlson
NOES: Members: None
ABSENT: Member: Stanley
6.
CONSIDER CLAIM OF PATRICK F. MCEVOY, 75 CAROLYN DRIVE, PITTSBURG, CA.,
FõR:$250,000 PROPERTY DAMAGE
Mr. Carniato, District Counsel, recommended that the claim be
denied and referred to our insurance carrier.
After discussion, it was moved by Member Campbell, seconded by
Member Dalton, that the claim of Patrick F. McEvoy be denied and referred
to George Hills Company. Motion carried by the following vote:
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AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Boneysteele, Dalton, Campbell and Carlson
None
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Stanley
7.
PERSONNEL
ADMINISTRATIVE
a.
REVIEW WAGE AND BENEFIT REQUESTS FOR 1980-81 AND CORRESPONDENCE
FROM EMPLOYEES ASSOCIATION AND CONSIDER MEET AND CONFER REQUIREMENT
This item was discussed earlier in the meeting, immediately following
V. B I OS.
8.
APPROVAL OF BILLS FOR LITIGATION SERVICES
After explanation by Mr. Carniato, District Counsel, it was moved
by Member Campbell, seconded by Member Dalton, that the statements
dated April 29,1980 for costs advanced relative to Acme Fill Corporation,
Fred J. Early, Jr. Company, Peterson-Simpson and Erik Van Deusen matters
and accrued payable statements relative to Kaiser Industries and Peterson-
Simpson, be approved. Motion carried by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Member:
Boneysteele, Dalton, Campbell and Carlson
None
Stanley
9.
ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA
None
VII I.
REPORTS
1.
GENERAL MANAGER-CHIEF ENGINEER
a. Mr. Dolan reported that through the TRI-TAC organization, he
had been in contact with the State in regard to the issue of pre-
treatment. Central San will quite likely be required to develop a pre-
treatment program towards the end of this calendar year. The pre-
treatment program will apply to certain commercial and industrial users.
The District has very few industrial users. A meeting has been scheduled
with Mr. F. A. Stewart, Manager of the City of Concord to determine who
will be in charge of the program for the City.
2.
COUNSEL FOR THE DISTRICT
a. Mr. Carniato advised that the draft report of the wage and
benefit requests from the CCCSD's Employees Association was presented to
the Board in order to keep it apprised of the events that have taken
place in relation to the request.
b. Mr. Carniato advised that he has met with the Employees Association's
Wage and Benefit Committee and felt the meeting was relatively productive.
The next Meet and Confer session with the Committee will be held on
Monday, May 5, 1980. Mr. Dolan and he will keep the Board informed as
to the progress being made.
(
President Carlson indicated that he would like to have a report at
the May 15, meeting.
Member Campbell indicated that the Personnel Committee will not
become involved in the negotiations during the initial stages.
Member Boneysteele advised that he will not be present at the
meeting of June 19, due to out of State business.
Members Dalton and Campbell once again informed that they would be
out of the area during the latter part of May and the first meeting in
June.
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President Carlson stated that it might be appropriate to
appoint an alternate to serve on the Personnel Committee during Member
Campbell's absence. It was the consensus of the Board that there should
be no problem since any final action would be considered by the full
Board.
3.
SECRETARY
None
4.
COMMITTEES
a. Member Campbell reported on a meeting that he and Member
Stanley had with Mr. Dolan, GM-CE, and other District managers on April
24 to review proposed personnel staffing request.
Mr. Dolan, GM-CE, advised that at Member Boneysteele's request,
copies of the personnel staffing request were sent to all other Board
Members.
IX.
MATTERS FROM THE FLOOR
None
At 9:36 p.m., President Carlson declared an executive session to
discuss a litigation matter.
At 9:55 p.m., President Carlson closed the executive session and
declared another executive session to discuss a personnel matter.
At 10:08 p.m., President Carlson closed the executive session and
reconvened the meeting.
X.
ADJOURNMENT
At 10:09 p.m., President Carlson adjourned the meeting.
~
President of the District Board of the
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Secr ary of th istrict Board of the
Central Contra osta Sanitary District,
County of Contra Costa, State of California
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