HomeMy WebLinkAboutBOARD MINUTES 11-06-80
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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).
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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.
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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.
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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.
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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.
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(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.
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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)
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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.
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President of the District Board of the
Central Contra Costa Sanitary District,
County of Contra Costa, State of
California
COUNTERSIGNED:
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