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HomeMy WebLinkAboutBOARD MINUTES 03-19-81 1875 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MARCH 19, 1981 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 March 19,1981 at 7:30 p.m. President Campbell called the meeting to order and requested the Secretary to call roll. I. ROLL CALL PRESENT: ABSENT: Members: Members: Carlson, Boneysteele, Dalton, Stanley and Campbell None II. APPROVAL OF MINUTES 1. MINUTES OF THE MEETING OF JANUARY 15, 1981 It was moved by Member Boneystee 1 e, seconded by Member Carl son, that the minutes of January 15, 1981 be approved as presented. Mr. Donald Risden, President of the Employees' Association, requested that additions be made to the minutes regarding the item on the Insurande Benefit Program. After discussion, it was the consensus of the Board that the minutes of January 15, 1981 were adequate in reference to the insurance item and they should stand as presented. Motion was unanimously approved. MINUTES OF THE MEETING OF FEBRUARY 5,1981 2. After discussion, it was moved by Member Carlson, seconded by Member Boneysteele, that the minutes of February 5,1981 be approved with the following correction: Under II XII 1. REPORTS, 4. COMMITTEES, II delete a 11 wordage fo 11 owi ng the word "since" and add the following sentence. "There were no items pertaining to District business." Motion was unanimously approved. III. APPROVAL OF EXPENDITURES Members Boneysteele and Dalton advised that they had reviewed the expenditures dated March 19, 1981 and found them to be satisfactory. After discussion, it was moved by Member Boneysteele, seconded by Member Dalton, that Running Expense Warrant Nos. 14454-14460; 14588-14629; 14834-14870, and 14878-14983; Sewer Construction Warrant Nos. 1366-1380 and 3790-3806; and Payroll Voucher Nos. 1641-1644 and 8504308-8504542; be approved. Motion was unanimously approved. IV. HEARINGS 1. HEARING ON D. W. YOUNG PROTEST REGARDING REJECTION OF ALL BIDS FOR DSP 3272 Mr. Carniato, District Counsel, directed the Board's attention to the letter he wrote to Mr. William Miller, attorney for D. W. Younq Construction. advisinq that their protest concerninq the Board's action in rejectinq all bids for the Dechlorination Project would be heard at this meeting. Present in the audience was Mr. Hal German from the State Water Resource Control Board who has been concerned with the issues of the D. W. Young bid protest. 0 ~;,\, ~J , t, -", "t J] è:"' <~ 1876 President Campbell declared the hearing open and called for any comments by staff. Staff wished to make no comments at that time. Mr. Young of D. W. Young Construction was then called upon to address the Board. Mr. Young reviewed the history and circumstances leading to his protest concerning the bid submitted by R. W. Roen for the Dechlorination Project 3272 and his subsequent protest in regard to the Board's action in rejecting all bids related to the project. He said EPA had found him to be the lowest responsible bidder. He stated that a great deal of time and expense had been directed at trying to resolve this matter and he did not feel the Board exercised prudent judgement in rejecting all original bids for the project. Also indicating that, should future bids indicate higher cost figures, the EPA would only recognize the amount of the original responsible low bid for grant funding. Mr. Young further stated that he had fullfilled the minority requirements as stipulated by the EPA and considers Mr. Frank Mock to be a viable minority contractor. He therefore, requested that the Board reconsider its position for rejecting all the original bids. Mr. Frank Mock, minority contractor, addressed the Board commenting that D. W. Young had met the terms and conditions prescribed by the EPA regarding participation use of minority sub-contractors and that it did not seem reasonable to reject the bid. Mr. Dolan, GM-CE, commented that he found discrepancies in some of the statements made by Mr. Young, one being that the EPA did not establish D. W. Young Construction as the lowest responsible bidder. The Board made itsdetermi.nati.on to award the contract ,to C. W. Roen, based-on on the feeling at that time that the firm was the lowest responsible bidder. Since the date of proposed award, the project has been tied up by protests and challenges. The District, its staff and the Board of Directors has endeavored to follow the rules and regulations of the EPA and the State relating to this matter. He suggested that the District hold a meeting with the EPA and the State Water Resource Control Board in an effort to determine a recomended course of action in this matter for presentation to the Board for review prior to any further action. Mr. Carniato stated that he wished to clarify a statement made by Mr. Young regarding the closed session held during the meeting of February 19,1981. Mr. Miller, attorney for Mr. Young, was present at that open portion of that meeting and indicated that 'legal action regarding the award of the contract would be considered by his client if he (Mr. Miller) felt that there was sufficient cause for such action. That in itself is sufficient cause for the Board to hold discussion regarding the matter in closed session. Mr. Carniato further stated that he had conferred with Mr. Miller after the meeting of February 19 and explained to him the change of the scope of the project. Therefore, it was incorrect for Mr. Young to state that the action of the Board was inappropriate. Member Carlson commented that both the local money and EPA money are all tax dollars and as a taxpayer, he is concerned with Mr. Young's indication that the Board should grant the contract to his Company to insure grant funding. His conclusion that Roen Construction was the lowest responsible bidder was based on his understanding of the facts rather than any special consideration of grant funding versus local funding. Mr. Hal German of the State Water Resources Control Board explained that the State does not have authority to make any decisions until action is taken by the Board to submit a low bidder. Until such time, its position is to act in an informational and advisory capacity. Mr. Young reiterated that his company was the lowest bidder and that the proposed increase in scope would be inconsequential. Mr. Carniato replied that the change in scope is considerable and therefore it is inappropriate from a legal standpoint to negotiate a contract price with any of the bidders. 03 ,:19 81 1877 Member Boneysteele requested that a chronological summary of the matter be prepared and provided to the Board including comments from the EPA and the State for Board study. President Campbell closed the hearing and thanked the participants. He directed staff to meet with the State Water Resources Control Board and the EPA in an effort to get a clear definition of the ag~ncy'~- ' regulations and the scope of their jurisdiction as they relate to the DSP 3272 and the D. W. Young matter and requested that this item be place on the agenda for the next regular Board meeting. V. BIDS & AWARDS 1. REPORT FOR MODIFICATIONS NORTH PARKING LOT AT TREATMENT PLANT AWARD CONTRACT FOR MODIFICATIONS TO NORTH PARKING LOT AT TREATMENT PLANT, DISTRICT PROJECT NO. 3474 2. Mr. Dolan, GM-CE, reported that the following bids for the North Parking Lot Improvement were received on March 18,1981. Gallagher & Burk, Inc. Shands Const. Co., Inc. O. C. Jones & Sons Valley Crest Landscaping, Inc. McGuire & Hester Nor Cal. General Engineering Eugene G. Alves Cons. Co., Inc. Antioch Paving Co., Inc. Bay Cities Paving & Grading Inc. Winton Jones Contractor $181,695.60 189,423.00 194,471.50 196,534.00 198,198.00 198,654.00 199,892.00 207,104.00 210,663.00 220,416.00 Engineering Estimate $190,000 In response to an earlier query by Member Carlson, Mr. Jay McCoy, Collection System Engineering and Services Division Manager, reported that there was no need to submit a lime treatment bid because the soil was not adobe as previously reported but a sandy type material. After discussion, it was moved by Member Carlson, seconded by Member Boneysteele, to award the contract for Modifications to the North Parking Lot at the Treatment Plant, District Project No. 3474 to Gallagher and Burk, Inc., for the bid amount of $181,695.60 and authorize additional contingencies funds to a total of $221,200. Motion was unanimously approved. VI. CONSENT CALENDAR After discussion~ it was moved by Member Carlson, seconded by Member Boneysteele, that items 1, 3 and 4 be adopted and that items 2, 5 and 6 be approved. 1. Acceptance of easements at no cost to the District and adoption of respective resolutions and authorize recording. Grantee Area Job No. Parcel No. Res. No. a. R. W. Hoffman Danville 3503 1 81-52 b. G. ,A. White, etal Walnut Creek 3351 3 81-53 c. R. L. Abegg, et ux Alamo 3200 2 81-54 d. D. M. Clair Alamo 3200 3 81-55 e. B. Rosenblatt, et ux Lafayette 3094 6 8.1-56 2. Authorize payment of $1,500 to Nancy and Larry Lavine for a sanitary sewer easement over an existing pipeline in Lafayette. 3. Authorize execution of Quitclaim Easement-Walnut Creek area, Job 3419, Subdivision 5619, Tract Easement. Resolution No. 81-57. 03"19 81 1878 5. Authorize execution of Quitclaim Easement-Walnut Creek area, Job 1554, Parcel 348. Resolution No. 8J-58. Approve Amendment No.3 to the Task B Agreement with Metcalf & Eddy for bid assistance with the purchase and installation of electric motor-driven areation blowers under Stage 58-I. 4. Authorize $3,817 to balance and close Account No. 51010.3-Major Overhaul of Primary Influent Engine No.4. Motion carried by the following vote: 6. AYES: Members: Carlson, Boneysteele, Dalton and Campbell NOES: Members: None ABSTAINING: Member: Stanley ABSENT: Members: None 1. VII. ADMINISTRATIVE ADOPT AN ORDINANCE CHANGING THE METHOD OF CALCULATING EQUALIZATION CHARGES. Mr. Dolan, GM-CE, explained the formula currently used for calculating equalization charges for properties upstream of Local Improvement Districts. Staff is proposing that the current method be changed in that a method similar to that used for calculating rebate charges be applied to equalization charges. The difference between the proposed change in the equalization formula and the rebate formula is that cumulative maintenance costs will not be included in the calculation. After discussion, it was moved by Member Dalton, seconded by Member Stanley, that an Ordinance changing Section 11-502 of the District Code concerning the method of calculating equalization charges be adopted and that this Ordinance shall become 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 be effective upon expiration of the week of publication. Ordinance No. 146. Motion was unanimously approved. VII I. ENGINEERING 1. CONSIDER AUTHORIZATION FOR THE FOLLOWING PENDING ANNEXATIONS TO BE INCLUDED IN THE NEXT FORMAL ANNEXATION TO THE DISTRICT: PA 81-7, 81-8 AND 81-9 After a brief explanation, Mr. Dolan, GM-CE, requested Mr. Jay McCoy, Collection System Engineering and Services Division Manager, to give a report on progresþ with the_County in regard to distribution of tax increments'from future annexed properties. ' Mr. McCoy advised that a meeting has been scheduled with County representatives on March 27 in an effort to reach some conclusions on this matter. Present in the audience were Mr. and Mrs. B. R. Williams, who have requested annexation of their 7.15 acres in the Danville area, to the District. At District staff's recommendation, the Williams submitted a proposal to the County indicating that Central San had committed itself to annex their property subject to reaching a satisfactory agreemen with the County in regard to the tax revenue sharing issue. The Board of Supervisors took no action on the proposal and referred the matter to staff. While Mr. and Mrs. Williams sympathize with the District's dilèmma on this issue, they do not feel their project should be jeopardized by events over which they have no control. 03 19 ~1 .... '"" ItS/Y Member Boneysteele advised that he had been contacted by Supervisor Torlakson on this matter. Board and staff sympathized with the plight of Mr. and Mrs. Williams and Member Stanley indicated that he would endeavor to contact members of the Board of Supervisors in an effort to try to resolve this problem. Mr. Dolan, GM-CE, commented that EBMUD, had indicated they were proposing legislation to overrule the State law which excludes school districts from the revenue sharing process. Mr. Carniato, District Counsel, suggested that it would be prudent for Mr. and Mrs. Williams to try to extend their commitment dates in case resolution of this matter continuesbeyond their present time limits. After further discussion, it was moved by Member Dalton, seconded by Member Stanley, that this matter be deferred to the second meeting in April. Motion was unanimously approved. 2. AUTHORIZE P.A. 81-6 (DANVILLE AREA) TO BE INCLUDED IN THE NEXT FORMAL ANNEXATION TO THE DISTRICT Mr. Dolan, GM-CE, explained that authorization to annex this property to the District should be approved because of a failing septic tank. After discussion, it was moved by Member Dalton, seconded by Member Stanley, that authorization for PA 81-6 (Danville area) to be included in the next formal annexation to the District be approved. Motion was unanimously approved. APPROVE AMENDMENT NO.3 TO THE TASK C/D AGREEMENT WITH METCALF & EDDY FOR PREPARATION OF A STAGE 5B FACILITIES PLAN AMENDMENT 3. Mr. Dolan, GM-CE, requested Mr. Curt Swanson, Associate Engineer (Contract Specialist) to report on this item. Mr. Swanson explained that Metcalf and Eddy has evaluated several alternatives to the present lime treatment process and concluded that the present method is no longer cost effective and should be modified. In order to follow the EPA grant funding regulations, it will be necessary to amend the Stage 5 facilities plan and have it reviewed by the State Water Resources Control Board. After discussion, it was moved by Member Dalton, seconded by Member Carlson, that the GM-CE be authorized to execute Amendment No.3 to the Task C Agreement with Metcalf and Eddy for preparation of a Stage 5B Facilities Plan Amendment subject to approval by the State Water Resources Control Board and authorize the expenditure of $185,000 from the sewer construction fund for this work. Motion was unanimously approved. 4. ACCEPTANCE OF DISTRICT PROJECT NO. 3338, HOLDING BASIN RENOVATION PROJECT Mr. Dolan, GM-CE, explained that the project contractor, Ferrante Construction Company has satisfactorily completed the work and the District is ready to file a Notice of Completion. After discussion, it was moved by Member Dalton, seconded by Member Stanley to: (1) Approve acceptance of the contract work for Project No. 3338; (2) authorize filing of a Notice of Completion with the Contra Costa County Recorder, and (3) authorize final payment to the Contractor 35 days after filing of such Notice provided there are no claims filed against the project. Motion was unanimously approved. IX. COLLECTION SYSTEM 1. DECLARE CERTAIN DISTRICT EQUIPMENT AND VEHICLES SURPLUS After explanation by Mr. Dolan, GM-CE, and Board discussion, it was moved by M~mbe~ Stanley, seconded by Member Carlson, that the request for authorlzatlon to declare certain District equipment and vehicles surplus be approved. 03 I' l},' '~ 81 1880 Item No . Description Estimated Value -- 1. #2 1974 - 1 ton Ford truck $700.00 2. #5 1975 - 1/2 ton Ford truck 800.00 3. #14 1975 - 1/2 ton Chevrolet truck 900.00 4. #29 1974 - 1/2 ton Ford truck 550.00 5. #48 1969 - 1/2 ton Ford van 400.00 6. #12 1971 - Chevrolet sedan 250.00 7. #52 1973 - Ford sedan 650.00 8. M-4 1957 - LeRoi Compressor 85 - 100# 200.00 9. M-10 1955 - C.H.E. 2-1/2" Diaphragm Pump 20.00 10. M-69 Layton 2" Pneumatic Diaphragm Pump 10.00 11. M-l1 1957 - Homelite 2" Centrifugal Pump 5.00 12. M-12 1973 - McCulloch - 1500 Watt Generator 40.00 13. M-32 1962 - O'Brien Sewer Rodder and Parts 100.00 14. (4) 400 Watt Outdoor Lights 20.00 15. Rotary shop hoist lifting head-Model 25M12F 5.00 16. (7) Fender style work boxes for 1/2 ton pickup 140.00 17. 750 gallon water tank 10.00 18. Right rear fender for 1971 Chevrolet pickup 10.00 19. Roll up shop door 12'W x 10'H 50.00 20. Motorola Communications Base Station 5.00 21. (2) Motorola Communications truck units 5.00 22. Ingersoll-Rand G.I. surplus 500# Compressor 25.00 23. (2) 16.8 H.P. Wisconsin Engines 40.00 Total estimated value: Vehicles $4,250 Equipment 685 Total $4,935 Motion was unanimously approved. X. BUDGET AND FINANCE 1. APPROVAL OF BILLS FOR LITIGATION SERVICES STATEMENT FROM CORBETT, KANE AND BERK a. After explanation by Mr. Dolan, GM-CE, and Board discussion, it was moved by Member Carlson, seconded by Member Stanley, that the statement from Corbett, Kane and Berk in the amount of $1,507 for services rendered be approved. Motion was unanimously approved. STATEMENT FROM CARNIATO AND DODGE b. Mr. Carniato requested that the statement be discussed in closed session at the end of the meeting prior to Board action. There were no objections. XI. CAPITAL IMPROVEMENTS 1. APPROVE AGREEMENT WITH RICHARD PINE ENGINEERING AND EXPENDITURE OF $80,000 IN SEWER CONSTRUCTION FUNDS TO INSTALL AIR CONDITIONER AND FILTERS IN THE THE MICROPRESSOR SYSTEM Mr. Dolan, GM-CE, requested Mr. Robert Baker, Manager Pla~t Operations, to give a synopsis of the issue. Mr. Baker explained that as a result of the microprocessors being exposed to extreme heat, dust and corrosive gases, they have become unreliable and require immediate improvements. District staff has negotiated with Richard Pine Engineering to do design and construction coordination work on this project. ()3 19 81 1881 After Board discussion, it was moved by Member Dalton, seconded by Member Carlson, that the General Manager-Chief Engineer be authorized to execute the agreement with Richard Pine Engineering for design and construction inspection related to correction of microprocessors deficiencies and to authorize $80,000 for the designed installation of such work. Motion was unanimously approved. XI!. REAL PROPERTY 1. CONSIDER LETTER CONCERNING PROPOSED ANNEXATION AND AUTHORIZE SIGNING BY BOARD PRESIDENT Mr. Dolan, GM-CE, requested that this item be removed from the agenda, since it was discussed under VIII. ENGINEERING, Item 1. XIII. PERSONNEL 1. PRESENTATION OF RESOLUTION OF APPRECIATION FROM CALI FORNIA ASSOCIATION OF SANITATION AGENCIES Mr. Dolan, GM-CE, advised that Mr. Carniato, District Counsel, has been recognized by CASA in the form of a resolution for his efforts as part of the committee in the promulgation of amendments to the Porter- Cologne Act. President Campbell expressed appreciation on behalf of the Board to Mr. Carniato for his active participation and good work on the committee. Mr. Carniato accepted the resolution and expressed his thanks to everyone. XIV. ITEMS LATE FOR THE AGENDA ~!one XV. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan advised that the Supervisors Dinner held last month proved to be a successful effort and he thanked the Board for its endorsement of this undertaking. There were strong comments from those attending that this type of function should be held twice a year. b. Mr. Dolan informed that he would be unable to attend the WPCF Government Affairs Session in Washington, D. C. c. Professor Jenkins of the University of California, is instituting a program at the Master of Science level on Management of Wastewater Systems. He will have his class tour the Treatment Plant on April 2 and then have his students attend the Board meeting. d. Mr. Dolan directed the Board's attention to a photo album showing pictures of the phostrip pilot plant. e. Mr. Dolan proposed that in order to be consistent with the Board's action regarding the increase of life insurance benefits for District employees, it would be appropriate to have the life insurance benefits for Board Members increased to $50,000. Board Members were in agreement with the proposal. f. Mr. Dolan advised that Valley Disposal has requested a hearing in April to consider garbage rate increases. Mr. Dolan had previously indicated staff's intention to contract an outside accountancy firm due to the time constraints of the Accounting Division. Since that time, staff has asked Elmer Fox Co. to provide a rate analysis. It is estimated that the analysis will take ten days to complete at a cost of $3,200. 03 19 81 1882 Discussion followed regarding the varia~es involved in determining an equitable garbage rate. Board members considered the appropriateness of scheduling an extra meeting during the month of April due to various impending items of business. It was the consensus of the Board that the regular District Board meeting dates be rescheduled to April 2, April 9, and April 23. They requested that the garbage rate analysis be distributed to the Board for their review on April 2, with a hearing scheduled for April 9 and action on the rate increase on April 23. The Secretary of the District was requested to place display ads in the local newspapers advising the public of the garbage rate hearing. ' g. Mr. Dolan advised that at Member Boneysteele's request, staff had compiled an analysis of the cost for dental insurance for retired employees (prior to 1973). Board discussion followed with the consensus being that action on this matter be deferred until comments have been received from the Employees' Association. h. Mr. Dolan gave the Managers' Report for the month of February. 2. COUNSEL FOR THE DISTRICT a. Mr. Carniato advised that he was in receipt of a letter dated March 16, 1981 from Don Risden, President of the Employees' Association, relating to the question of alleged discrepancies in the handling of premiums and claims for the dental coverage under Frank Kelly Associates. He will investigate this matter insofar as it affects the District's premiums and respond to Mr. Risden's letter. b. Mr. Carniato advised that the following items would be discussed in closed session: (1) Employee litigation, (2) CCCWD Alum Sludge agreement, (3) D. W. Young protest, (4) Proposed settlement of Ramos vs. CCCSD, (5) potential litigation, and (6) County tax increment distribution on newly annexed properties. 3. SECRETARY None 4. COMMITTEES a. Member Boneysteele advised that he had attended the ABAG meeting, which was devoted to a corridor study of the East Bay and how to provide housing for the anticipated employment level at the turn of the century. b. Member Dalton advised that the County is once again proposed to implement a special fee on garbage delivered to the dumps to cover inspection and enforcement cost of the Local Agency Enforcement Program. He requested an expression from the Board in regard to central San's position on the matter. After discussion it was the consensus of the Board that the District should take no position on the matter at this time. xv!. MATTERS FROM THE FLOOR a. Mr. Dalton advised he would be out of the country for the entire month of May. b. Mr. Risden, President of the Employees' Association asked if the Board representatives intended to respond to the request of March 12 for Meet and Confer session. Mr. Carniato, District Counsel, indicated that the Employees' Association is currently involved in litigation with the District and the items for discussion have been put into issue by the various pleadings filed by the Employees' Association. It would, therefore, be highly improper to engage in dialogue since the matter will be handled by the Court. 03 '19;' 81' 1883 Mr. Risden asked Counsel if all meet and confer items are subverted until the litigation issue is adjudicated. Mr. Carniato replied that his previous statement will stand on its own and it would be improper for him to say any more at this time. At 9:58 p.m., President Campbell recessed the meeting. XVII. CLOSED SESSION At 10:06 p.m., President Campbell reconvened the meeting and declared a closed session. At 10:59 p.m., President Campbell concluded the closed session and declared the meeting to be in open session. As a result of discussion in closed session the following actions were taken. a. It was moved by Member Boneysteele, seconded by Member Carlson, that a resolution be adopted authorizing the settlement of the Ramos vs. CCCSD action for the amount of $5,650. Resolution No. 81-59. Motion was unanimously approved. b. It was moved by Member Boneysteele, seconded by Member Stanley, that the statement from Carniato and Dodge dated March 11, 1981 for services rendered in the Acme Fill Corporation damage case, Caltrans, Fred J. Early Jr., EBMUD, King vs. CCCSD and Personnel Matters, be approved. Motion was unanimously approved. In answer to query from Member Carlson, Messrs. Dolan, and Weddle reported on progress of the new Office Administration Building design. XVIII. ADJOURNMENT At 11:04 p.m., President Campbell adjourned the meeting. esident of the District Board of the entral Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERS¡ GNED: ./ - ~~", ~~ Secr ary of the, strict Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California 03 19 81