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HomeMy WebLinkAboutBOARD MINUTES 11-01-89 198 MINUTES OF THE AQJ ŒJRNED REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON NOVEMBER 1, 1989 The District Board of the Central Contra Costa Sanitary District convened i n an adj ourned regul ar meeti ng at its regul ar pl ace of meeti ng, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 3 p. m. on November 1, 1989. In the absence of Presi dent Rai ney, Presi dent Pro Tern Boneysteel e called the meeting to order and requested that the Secretary call roll. I. ROLL CALL PRESENT: Members: Dal ton, C1 ausen, Ca rl son, Boneysteel e A9SENT: Members: Rainey President Rainey had previously indicated that she would be unable to attend this meeting and requested that she be excused. II. PUBLIC COMMENTS Member Cl ausen commended Ms. Harriette Heibel, Public Information Coordinator, on the outstanding annual report. The format and 'content of the annual report are deserv i ng of commendation. Member Cl ausen was j oi ned by the Boa rd of Di rectors in his recogni ti on of Ms. Hei bel's efforts. . I III. ~ARDS AND COMMENDATIONS 1. LETTER FROM DOUG AND SANDY IV EY, 731 MINER ROAD, ORINDA,.. COMMENDING BA THAN, DOUG CRAIG, ALLEN RCBINSON, AND THE PRQJ ECT TEAM FOR THE FL Q\lMOL E PRQJ ECT Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that the letter from Doug and Sandy Ivey commending Ba Than, Doug Craig, Allen Rob.i nson, and the Fl owMol e proj ect Team is most appreci ated and speaks for itsel f. However, the Di strict works well because of its employees. Mr. Dol an.^ stated that he was pl eased that the Iveys recognized the efforts of these employees and took the time to write a letter commending them. On behal f of the Board of Di rectors, Prest dent Pro Tem Boneysteel e commended Ba Than, Doug Crai g, All en Robi nson, and the Fl owMol e Proj ect Team for their efforts and requested that they be provided with.a copy of the Board mi nutes. IV. BIDS AND AWARDS 1. AUTHORIZE ~ARD OF CONSTRUCTION CONTRACT TO RANGER PIPELINES, INC. FOR CONSTRUCTION OF DISTRICT PRQJ ECT NO. 4331A, HALL DRIVE SEWER IMPROV EMENTS, PHASE I Mr. Dolan, General Manager-Chief Engineer, recommended award of the constructi on contract for the Hall Drive Sewer Improvements, Phase I, to the low bidder, Ranger Pipelines, Inc. . Foll ow ing di scussi on of the commerci al eval uati on and the constructi on schedul e, it was moved by Member Dal ton and seconded by Member Carl son, that award of contract for the amount of $676,514 for constructi on of the Hall Drive Sewer Improvements proj ect, Phase I, District Project No. 4331A, be authorized to Ranger Pi pel ines, Inc. as the lowest responsible bidder. Motion approved on the following roll call vote: AYES: Members: Dal ton, Ca rl son, C1 ausen, Boney steel e NOES: Members: None A9SENT: Members: Rai ney 11.. 01. :89,:' . 199 v. CONSENT CAL ENDAR Member Cl ausen requested that Items 4 and 5 be pull ed from the Consent Calendar for discussion. It was moved by Member Cl ausen and seconded by Member Carl son, that the Consent Calendar, consisting of Item l' through 3 and excluding Items 4 and 5, be approved as recommended, resolutions adopted as appropriate, and recordi ngs duly authorized. 1. Quitclaim Deed to Blackhawk Corporation, Job 4501, Lot ll, Subdivision 6595, was approved, the President of the District Board of Di rectors and the Secretary of the District were authorized to execute and record said Quitcl aim Deed, and Resolution No. 89-184 was adopted to that effect. Motion approved on the following vote: AYES: Members: Cl ausen, Ca rl son, Dalton, Boneysteel e NOES: Members: None ,ABSENT: Members: Rai ney 2. Quitclaim Deed to Blackhawk Corporation, Job 4501, Lot 12, Subdivision 6595, was approved, the President of the District Board of Di rectors and the Secretary of the District were authorized to execute and record said Quitcl aim Deed, and Resolution no. 89-185 was adopted to that effect. A YES: Members: Cl ausen, Ca rl son, Dal ton, Boneysteel e NOES: Members: None ,ABSENT: Members: Rai ney 3. Authorization was given for P. A. 89-25 (Al amo) to be i ncluded in a future formal annexation to the District. AYES: Members: Cl ausen, Carl son, Dal ton, Boneysteel e NOES: Members: None ,ðBSENT: Members: Rainey With regard to Item 4, .Advise the Board of the close out of the El Portal Bridge Sewer Replacement Project in Danville, District Project 4324, Member Cl ausen questioned the need for a Joint Exercise of Powers Agreement (JEPA) with the Town of Danvllle and the liability issues associated with the use of a JEPA. Mr. Robert A. Baker, Deputy Chief Engineer, explained the specifics of this situation. Mr. Kenton L. Alm, Counsel for the District, indicated that he would research the matter and report back to the Board on liability and indemnity issues. There bei ng no further questions or comments, Presi dent Pro Tem Boneysteele noted that no action was required since the close out of the El Portal Bridge S9iler Replacement Project, District Project 4324, was presented for information only. Following discussion of the content of the management training program, it was moved by Member Carl son and seconded by Member Cl ausen, that Consent Cal endar Item 5, attendance of Messrs. Tad Pil ecki and Jarred Miyamoto-Mills be authorized at a management Action Programs, Inc. workshop at a cost of $3,200. Motion approved on the following vote: AYES: Members: Ca rl son, C1 ausen, Dal ton, Boneysteel e NOES: Members: None ,ABSENT: Members: Rainey .. . ,'11~ ~O 1~ .' 89 200 CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. J oh n F. Prenti ce req uested th at Item IX., CORRESPONDENCE, be taken out of order. IX. CORRESPONDENCE. 1. RECEIVE LETTER FROM MR. JOHN F. PRENTICE, ATTORNEY FOR Rœ RAMSAY, CONCERNING BOARD APPROV AL OF THE ARBITRATOR'S RECOMMENDATION. Mr. John F. Prentice, attorney for Rob Ramsay, addressed the Board req uesti ng recons i derati on of. th e September 21, 1989 Boa rd deci s ion w h i ch uphel d the arbi trator' s recommendati on to di scharge Mr. Ramsay. Mr. Prentice stated that notice of the September 21, 1989 matter was not received in time to all ow Mr. Ramsay to appear before the Board on th at date. Mr. Prenti ce stated that due process was not followed and the penalty was too severe for the violation. For those reasons, Mr. Prentice requested that Mr. Ramsay be reinstated in his employment with the District. After a brief summary of the circumstances, Mr. Prentice proposed that: 1) The Board modify the award of the arbitrator so Mr. Ramsay could be reinstated; 2) As a condi ti on of th at rei nstatement, Mr. Ramsay woul d f orf ei t any back pay; 3) Mr. Ramsay would be placed on probation for a period of time determined by the Board of Directors; 4) Mr. Ramsay could be assigned to a different position if appropriate; and 5) Mr. Ramsay w ill make a representation th at he will follow and abide by the beard and respirator policy. Mr. Prenti ce stated that he woul d be happy to answer any questi ons of the Board. Discussion followed with regard to the chronology of events in this matter, notice of the September 21, 1989 Board meeting, and the expert ence, qualifications and sel ecti on of the arbitrator. Attorney Daniel Clinton of Corbett & Kane, attorneys for the District, provided further i nformati on on the matter. The Board concl uded that no new evidence was presented which was not heard by the arbitrator, that Mr. Ramsay had adequate opportunity to shave, that an extremely well-qualified arbitrator heard this matter and submitted his recommendation, and that no q uesti on was rat sed by either party as to the fat rness or integrity. of the arbitrator. It was moved by Member Cl ausen and seconded by Member Carl son, based on the concl usions noted above, that the Board's previous decision of September 21, 1989,. to deny and dismiss the appeal of Rob Ramsay, Maintenance Crew Leader, as the final action of the District, be reaffirmed. Motion approved on the following vote: AYES: Members: Cl ausen, Ca rl son, Dal ton, Boneysteel e NOES: Members: None ,ABSENT: Members: Rainey At this time, President Pro Tern Boneysteele reverted to the order of the agenda. VI. SOLID WASTE 1. CONTRA COSTA COUNTY SOLID WASTE VIDEO A video outlining Contra Costa County's sol uti on to solid waste disposal was viewed. 11:: :. O.lf ;~89 201 VII. COLLECTION SYSTEM 1. NJTHORIZE THE GENERAL MANPGER-CHIEF ENGINEER TO SEND A LETTER OF INTENT TO ENTER AN PGREEMENT WITH THE TOWN OF DANVILLE FOR A JOINT SERVICE CENTER ON CAMINO TASS,AJ ARA ROAD, DANVILLE Mr. Dol an, General Manager-Ch i ef Engi neer, stated that cooperati on with the Town of Danvllle on a joint service center has been discussed previously with the Board. ,The action now before the Board for consi derati on is pursuant to gui dance received from the Board in those discussions. If the Board acts favorably, a Letter of Intent will be sent to the Town of Danvill e. . Discussion followed concerning the location of the property in reference to the District's service needs, the investment benefits of the property, access to the service center, and the abil ity to transfer Di stri ct ri ghts to the property. Various Board and staff members expressed opi ni ons to the effect that under the ri ght condi ti ons and at the right price the Danville offer could be advantageous to the District. Following discussion, it was moved by Member Carlson and seconded by Member Dal ton, th at the General Manager-Ch i ef Engi neer be authorized to send a Letter of Intent to enter into an Agreement with the Town of Danville for a joint service center located on Camino Tassajara, Danville. The motion was approved with Member Clausen voting no and Member Rainey being absent. VIII. PERSONN8. 1. ADOPT QASS DESCRIPTION FOR ASSISTANT ENGINEER (SOLID WASTE), (G-72, $3,461 - $4.289); CREATE POSITION OF ASSISTANT ENGINEER (SOLID, WASTE) IN THE AIJv1INISTRATIVE DEPARTMENT; 'REQASSIFY., ASSISTANT ENGINEER 8.AINE JACOBS TO ASSISTANT ENGINEER (SOLID WASTE) President Pro Tem Boneysteele stated that this matter was discussed with the Personnel Committee. President Pro Tern Boneysteele requested that a presentation be made to the full Board. Member Claùsen requested that the staff provide further information as to why the present position in the Engineering Department should be refilled, Mr. Dolan agreed. Mr. Dolan, General Manager-Chief Engineer, stated that since this matter was discussed with the Personnel Committee and placed on the Board agenda, the union has indicated they wish to meet and confer on this. Meet and confer has been schedul ed for November 7, 1989. Staff woul d request that consi derati on of th is matter be hel d until the next Board meeti ng pendi ng meet and confer with Public Employees Uni on, Local One. The Board concurred. IX. CORRESPONDEN CE 1. RECEIVE LETTER FROM MR. JOHN F. PRENTICE, ATTORNEY FOR Rœ RAMSAY, CONCERNING BOARD APPROV AL OF THE ARBITRATOR'S RECOMMENDATION; CONSIDER ACTION TO BE TAKEN This matter was taken out of order earlier in the agenda. X. APPROV AL OF MINUTES 1. MINUTES OF OCTOBER 10,1989 It was moved by Member Dal ton and seconded by Member Cl ausen, that the mi nutes of October 10, 1989, be approved as presented. There bel ng no obj ecti on, the motion was approved with Member Rai ney bei ng absent. 2. MINUTES OF OCTOBER 19,1989 It was moved by Member Cl ausen and seconded by Member Dal ton, that the minutes of October 19, 1989, be approved with the addition of the words "on October 19, 1989" at the end of the first paragraph on the first page. There being no objection, the motion was approved with Member Rainey being absent. ~l:,l 0:1 89 202 XI. APPROV AL OF EXPENDITURES EXPENDITURE LIST DATED NOV EMBER 1, 1989 1. Member Dal ton, member of the Budget and Fi nance Committee, stated that he and Member ~ausen reviewed the expenditures and found them to be sati sf actory. It was moved by Member Dal ton and seconded by Member Cl ausen, that the Expenditure List dated November 1, 1989, incl uding Sel f-Insurance Check Nos. 100400-100404, Running Expense Check Nos. 49257-49611, Sewer Constructi on Checks Nos. 7614-7660, and Pay roll Check Nos. 18380-18645, be approved as recommended. There bei ng no obj ecti on, the moti on was approved with Member Rainey being absent. XII. EMERGENCY SITUATIONS R81UIRING BOARD ACTION None XIII. REPORTS 1. GENERAL MANPGER-CHIEF ENGINEER a. Mr. Dol an, General Manager-Chief Engineer, introduced Mr. John A. Larson, Collection System Operations Department Manager, who provided an update on the Distri ct' s mobil e communi cati on system. Mr. Larson revietled the components of the system, the locations of the equipment, and problems in coverage. Mr. Larson proposed that, in the short term, the communi cations system be eval uated and a cell ul ar tel ephone be considered for communication with inspection staff in 'difficult areas. In the long term, Mr. Larson proposed that recommended radio hardware be purchased and install ed to improve coverage and enhance communi cations during emergencies. In the discussion that followed, Member Carlson voiced opposition to adding a cellular telephone. Mr. Dolan stated that an analysis of the cell ul ar tel epone option versus the expanded radio system opti on w ill be done. It is anticipated that a proposal dealing with the mobile communications system will be presented to the Board for consideration in the coming months. b. Mr. Dol an reported that a sampl e, of the soil in the excavati on pit at the separated Maltby force main was sent to the lab for analysis. Benzene and acetone were found in high enough concentrations to cause concern. All of the work must be done in protective work gear. We are proceeding with the repair. A temporary bypass pipe and pump are being i nstall ed. Mr. Larson descri bed the 1 eakage caused by the October 17, 1989 earthquake and the work that has been done to correct the problem to date and additional work needed. Following discussion, it was moved by Member Carlson and seconded by Member Cl ausen, that the General Manager-Chief Engineer be authorized to enter into contracts to complete the emergency work at the Maltby pumping station with the understanding that the cost of the work could be on the order of $150,000. There being no objection, the motion was approved with Member Rainey being absent. c. Mr. Dolan introduced Mr. David Williams, Engineering Division Manager, who reported that following the last Board meeting he contacted Caltrans with regard to the I680/SR24 interchange work. Mr. Will iams reported that Caltrans intends to mov'e forward on schedule' with the 1680/SR24 interchange work even in light of the October 17, 1989 earthquake. This work involves slgnificant Federal funding separate from any earthquake funds and Cal trans pl ans to proceed on schedul e. d. Mr. Dolan announced that a field survey was made of the outfall through Acne Fl1l. The survey disclosed no significant movement. e. Mr. Dol an announced that the State has published a report covert ng Water Qual ity Criteri a for Setti ng Statew i de Water Quality Objectives for Inclusion in Statewide Water Quality Control Plan. This report will be discussed at the November CASA meeting. The document is a ~,11 O~l 89 203 more thoughtful presentation of the regul atory probl em than the poll utant policy document. Depending on how the regulations finally develop, the District coul d have serious probl ems with some of the criteria 1 isted in the document. Bay Area Di schargers w ill be maki ng comments at the upcoming State Water Resource Control Board workshops and hearings. The District will probably make comments as well addressing our specific concerns. f. Mr. Dol an announced that staff has been worki ng on a means of controlling ash dusting problems at the landfill. Various systems are being considered, ~l of which will increase our operating expenses and none of which have been budgeted. We i ntend to impl ernent a permanent system as soon as possi bl e. However, we are negoti ati ng rental of equipment in the interim. Discussion followed concerning alternative fixes and reuse options for the ash. g. Mr. Dol an bri efly announced the status of negoti ati ons between Vall~ Waste Management and Acme with regard to the interim transfer station and the tipping fee at Altamont. h. Mr. Dol an announced that work is proceedi ng on the Capital Improvement Pl an. Last year it was reported that several important el ements, such as sl udge di sposa 1, wet weath er capaci ty, and toxi cs management, were not included in the Plan because of insufficient information. Progress has been made in some of those areas and projects have been defined and added to the Capital Improvement Pl an. Therefore, the Plan anticipates larger expenditures and the District may face the issues of either a substantial increase in the sewer service charge or debt financing in future years. 2. COUNSEL FOR THE DISTRICT None 3. SECRETARY OF THE DISTRICT Ms. Joyce E. McMillan, Secretary of the District, distributed the Training/Conference Summary for the period July-September 1989. 4. BOARD MEMB ERS a. Prest dent Pro Tem Boneysteel e reported that the Recycling Advisory Committee will meet on November 8,1989. b. The question of whether the District shoul d take a position supporting one or more landfill disposal sites was discussed. President Pro Tern Boneysteele suggested that a decision on this matter be held until President Rainey is present because of her knowledge and involvement in the solid waste area. Mr. Dolan indicated that staff would contact the County to determine the Board of Supervisors' strategy and schedule for consideration and approval of the five landfill sites. This matter will be calendared for further discussion at the next Board meeti ng. XIV. ANN()JNCEMENTS Member ~ausen requested that the date of the first Board meeting in January 1990 be calendared for consideration at the next Board meeting. xv. CLOSED SESSION None XVI. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None ~11 0;1 89 ~ ' 204 ":1"1 XVII. AQJ OURNMENT There being no further business to come before the Board, President Pro Tem'Boneysteele a~ourned the meeting at the hour of 5:30 p.m. r COU NTERS IG NED: c.e- t.fh Se r ry of the Ce tral Contra Co a Sanitary District, County of Contra Costa, State of California ...¡ 0:'1 89