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HomeMy WebLinkAboutBOARD MINUTES 03-21-91 40 MINUTES OF THE ,REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MARCH 21, 1991 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 3 p.m. on March 21, 1991. President Clausen called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Boneysteele, Dalton, Carlson, Rainey, Clausen ABSENT: Members: None 2. PUBLIC COMMENTS Mr. Stephen A. Minton, Jr., addressed the Board on behalf of the Lafayette Solid Waste Advisory Committee. Mr. Minton thanked the Board for their recent letter to him and expressed hope that the Lafayette Solid Waste Advisory Committee would be a positive influence on the solid waste efforts in the County. Mr. Minton listed thp. rrl~iHbers of the advisory committee and their areas of expertise. Mr. Minton reported that the Board of Supervisors considered an increase in tipping fees because of the decrease in volume going to Acme transfer station. After Mr. John Tulley, of the Lafayette Solid Waste Advisory Committee, addressed the Board of Supervisors on the matter, they referred it back to staff. 3. HEARINGS a. CONDUCT A PUBLIC HEARING ON THE PROPOSED SOURCE CONTROL ORDINANCE At 3:.05 p.m., President Clausen opened the public hearing to consider adoption of a revised source control ordinance. Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that Central San controls the inflow of discharges from businesses and residences into the sewer system. In recent years it has become necessary to impose regulations on that discharge to protect the environment. The District has had a source control ordinance for many years. Now, under the direction of the Environmental Protection Agency and the State Water Resources Control Board, the District is revising and strengthening that ordinance. Mr. Dolan introduced Mr. Bart Brandenburg, Associate Engineer, who summarized the technical and administrative aspects of the proposed source control ordinance. Mr. Brandenburg distributed proposed additions and amendments to the draft ordinance previously distributed to the Board. Mr. Kenton L. Aim, Counsel for the District, reviewed the legal and enforcement provisions of the proposed source control ordinance. Mr. Aim stated that the real intent in changing the ordinance is to bring it up to date and set forth the provisions of the law and the practice of the District. It was noted for the record that no correspondence had been received. Mr. Larry Piatti, Industrial Consultant for Etch-Tek, Inc., addressed the Board. Mr. Piatti distributed and read a letter from Mr. Ken Beard, President of Etch-Tek, Inc., recommending that an industrial steering committee be formed to assist in developing the source control document and to work with the District on an ongoing basis. Mr. Piatti requested that adoption of the source control ordinance be delayed until a clearly defined set of guidelines can be developed. Mr. Piatti expressed concern about access for sampling and the proprietary nature of some of the information requested. 03 21.: 9.,1 41 Mr. Aim stated that it is the District's policy that if documents are marked proprietary, that is respected to the extent the law allows. Member Rainey asked if there is an urgent need to adopt the source control ordinance at this time, or if there is sufficient time to hold another meeting with the industries. Mr. Brandenburg stated that the proposed ordinance was provided to the industries approximately two weeks ago and a workshop, which Etch- Tek attended, was conducted. Very few comments were received, and none had to do with confidentiality or access issues. Mr. Brandenburg highlighted the comments received at the workshop. Board and staff discussion followed concerning the discharge limits and the ability of the industries to meet those limits and the notification that went out to affected companies. Member Boneysteele requested that if affected companies have problems with the proposed source control ordinance, they give specific references and alternative language. Mr. Piatti indicated that he would be happy to give specific comments in writing. There being no further comments, President Clausen closed the public hearing at the hour of 3:55 p.m. It was moved by Member Carlson and seconded by Member Rainey, that consideration of the proposed source control ordinance be continued to April 4, 1 991 , to allow affected parties to submit comments and proposed alternative language in writing. Written comments and alternative language should be submitted by March 27, 1991. Member Boneysteele requested that staff provide an estimate of the breakdown of dischargers between the District and the City of Concord in each class listed on page 1 of Attachment A to the position paper. Member Boneysteele inquired into the legal implications of the District in plugging a side sewer. Mr. Aim, Counsel for the District, stated that the question of legal liability depends on the circumstances. The District would not have unlimited ability to go in without just cause under all circumstances. In some cases there may be more liability associated with not going in. Member Boneysteele requested that staff consider disposal alternatives for such things - as antifreeze. Member Boneysteele requested staff provide information with regard to the incremental cost or financial impact of implementing the proposed source control ordinance. Mr. Dolan indicated that the requested information would be provided at the next meeting. Mr. Aim suggested that the Board continue consideration of the proposed source control ordinance to April 18, 1991 rather than April 4, 1991, to allow sufficient time for staff to receive and comment on the information submitted by the affected industries. The above motion was amended by Member Carlson and seconded by Member Rainey, that consideration of the proposed source control ordinance be continued to April 18, 1991, to allow affected parties to submit comments and proposed alternative language in writing. Written comments and alternative language should be submitted by March 27, 1991. There being no objection, the motion was unanimously approved. Member Rainey requested that staff advise the affected industries that this matter was continued to allow further input. 4. BIDS AND AWARDS a. CONSIDER RESPONSIVENESS OF ANDES CONSTRUCTION'S BID TO CONSTRUCT THE ARLENE DRIVE SEWER IMPROVEMENT PROJECT, DP 4539, AND CONSIDER AWARD TO THE LOWEST RESPONSIVE BIDDER At 4:06 p.m., President Clausen opened the hearing to consider the responsiveness of Andes Construction Company's bid to construct the Arlene Drive Sewer Improvement Project. :0,3 21 .,91 42 Mr. David R. Williams, Engineering Division Manager, reviewed the background of the Arlene Drive Sewer Improvement Project and the bidding process and schedule. Mr. Williams stated that Andes Construction Company was the apparent low bidder, but their bid contained the following irregularities: 0 Proposal from contractor to District to perform the work was missing. 0 Addenda were not acknowledged. 0 Required contractor's license and expiration date were not providèd. 0 No subcontractors were listed for any portion of the work, as required by the Public Contract Code and the contract documents (form missing). 0 No material suppliers were listed, as required by the contract documents (form missing). 0 Bidders Statement of Financial Responsibility, Technical Ability, and Experience was missing. 0 Contractor Safety Acknowledgement was missing. 0 Noncollusion Declaration was missing. 0 Certificate Regarding Inspection of Contract Documents, Site, and Geotechnical Report was missing. . Mr. Williams stated that the bid form stated that failure to submit any of these documents was grounds for finding the bid nonresponsive. Since these irregularities were discovered, Andes Construction was contacted. They said these documents were not submitted because they did not receive Volume 1, Bidding Conditions and Requirements. Mr. Williams reviewed the process for distributing bid documents, and stated that the District records indicate that Andes Construction Company did receive all the bid documents. Mr. Williams reviewed the courses of action available to the Board and recommended that Andes Construction Company's bid be rejected as nonresponsive and that authorization be given to award the contract to the second low bidder, Fee Construction, Inc. The second low bidder did complete the bid package and met all the District's conditions. Mr. Dan Mayorga, President of Andes Construction Company, addressed the Board. Mr. Mayorga stated that Andes Construction would have completed the forms if they had been received since there was sufficient time to do so. Mr. Mayorga stated that the forms do not affect the price of the job. Andes Construction has satisfactorily .completed work for the District previously. Mr. Mayorga requested that the Board of Directors waive the requirement for submission of the forms and authorize award of the contract to Andes Construction. There being no further comments, President Clausen closed the hearing at the hour of 4:17 p.m. Following discussion, it was moved by Member Dalton and seconded by Member Carlson, that the bid of Andes Construction be declared nonresponsive, and award of the construction contract for the Arlene Drive Sewer Improvement Project, DP 4539, be authorized to Fee Construction, Inc., as the lowest responsive arid responsible bidder. Motion unanimously approved on the following roll call vote: . AYES: Members: NOES: Members: ABSENT: Members: .' ., ;iO3 2':1 Dalton, Carlson, Boneysteele, Rainey, Clausen None None "'9:1 43 5. CONSENT CALENDAR It was moved by Member Rainey and seconded by Member Dalton, that the Consent Calendar, consisting of Items a. through g., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. The President of the District Board of Directors and the Secretary of the District were authorized to accept and record Grant of Easement from G. Scott and Laura J. Morris for District Project 4539, Parcel 4, at a total cost to the District of $14,248 and Resolution No. 91-012 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Dalton, Boneysteele, Carlson, Clausen None None b. Resolution No. 91-013 accepting work and offers of dedication from Smith Land Development Company, Job 4695, Parcel No.5, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Rainey, Dalton, Boneysteele, Clausen NOES: Members: None ABSENT: Members: None ABSTAIN: Members: Carlson It was noted for the record that Member Carlson abstained from voting on this matter because he has business dealings with Smith Land Development Company. c. A Consent to Deeding of Public Road to Contra Costa County, Glenhaven Avenue South, Minor Subdivision 65-90, Job No. 4084, was adopted, the President of the District Board of Directors and the Secretary of the District were authorized to execute said document, its recording by Contra Costa County was authorized, and Resolution No. 91-014 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Rainey, Dalton, Boneysteele, Carlson, Clausen NOES: Members: None ABSENT: Members: None d. The contract work for the Walnut Creek Downtown Bypass Project (DP 1977 and 4257) was accepted. Motion unanimously approved on the following vote: AYES: Members: Rainey, Dalton, Boneysteele, Carlson, Clausen NOES: Members: None ABSENT: Members: None e. The Board of Directors was advised of the close out of the Secondary Facilities Wet Weather Expansion, DP 20018. This item was presented for the Board's information. No action was taken. 03.'~ ~ 1~ \ ". ',' G"l~,:, ð", ,\ 44 f. P. Gail Chesler, Assistant Engineer in the Engineering Department, was granted a five percent salary increase effective February 1, 1991, for professional registration differential provided for in the MOU. Motion unanimously approved on the following vote: AYES: Members: Rainey, Dalton, Boneysteele, Carlson, Clausen NOES: Members: None ABSENT: Members: None g. A Medical Leave of Absence without pay was authorized for James Boyd, Maintenance Crew Member II, effective March 4, 1991 through August 31, 1991 . Motion unanimously approved on the following vote: AYES: Members: Rainey, Dalton, Boneysteele, Carlson, Clausen NOES: Members: None ABSENT: Members: None CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Dolan, General. Manager-Chief Engineer, requested that the Board take Item 16, Closed Session, out of order. Hearing no objection, President Clausen proceeded to Item 16, Closed Session. 16. CLOSED SESSION a. LABOR RELATIONS With respect to labor relations, the closed session was held pursuant to Government Code Section 54957.6, to meet with designated representatives prior to and during consultations and discussions with the representatives of employee organizations regarding the salaries, salary schedules or compensation paid in the form of fringe benefits of employees in order to review its position and instruct its designated representatives. At 4:22 p.m., President Clausen declared the closed session to discuss labor relations pursuant to Government Code Section 54957.6. At 4:50 p.m., President Clausen concluded the closed session and reconvened the meeting into open session. President Clausen then reverted to the order of the agenda. 6. SOLID WASTE a. DISTRICT RESPONSE TO CONTRA COSTA COUNTY CONCERNING ORDINANCE TO ASSUME SOLID WASTE FRANCHISING RESPONSIBILITY IN UNINCORPORATED AREAS Member Rainey reported that the AB 939 Task Force discussed the proposed ordinance and took a position opposing adoption of the ordinance at this time and 'offering to work with the County to try to address the concerns of the affected parties. Mr. Paul Morsen, Deputy General Manager, reported that he met with the Alamo Improvement Association. The Association directed á letter to the Board of Supervisors in opposition to the proposed ordinance and asked one of their members to meet with Supervisor Schroder on the matter. Following discussion of the draft issue paper relating to the Contra Costa County ordinance to assume solid waste franchising responsibility in the unincorporated areas, . it was the consensus of the Board of Directors that a letter be prepared to the Board of Supervisors presenting arguments as to why it is not in the public's interest to adopt the proposed ordinance at this time and asking the Board of Supervisors to direct County staff os: 21."' 91) 45 to meet with the franchisers, waste haulers, and cities to address their concerns. President Clausen will appear at the April 2, 1 991 Board of Supervisors public hearing on the matter and present the District's position. 7. PERSONNEL a. CONCUR WITH AN EXEMPTION TO CHAPTER 4 TO ACCOMMODATE RECRUITMENT OF ENTRY LEVEL ENGINEERS Mr. Dolan, General Manager-Chief Engineer, stated that this item was discussed with the full Board at the strategic planning workshop and with the Board Personnel Committee. Board approval is requested at this time. If this special college recruitment program is successful, a modification to Chapter 4 of the District Code will be suggested. In response to a question from Member Rainey, Mr. Dolan stated that temporary positions would be created in the 1 991-1992 Personnel Budget. These positions will automatically be eliminated as vacancies occur and the individuals are moved into regular full-time positions. It was moved by Member Dalton and seconded by Member Rainey, that staff be authorized to implement a streamlined examination procedure for campus recruitment of entry level engineers effective for the period March 1991 through June 1992. There being no objection, the motion was unanimously approved. b. CREATE THE MANAGEMENT POSITION OF RISK MANAGER. APPROVE THE CLASS DESCRIPTION, AND MAKE THE APPOINTMENT TO THE POSITION: APPROVE A REVISED CLASS DESCRIPTION AND SALARY FOR. SAFETY AND LOSS CONTROL SPECIALIST: APPROVE A REVISED CLASS DESCRIPTION FOR PLANT OPERATIONS SAFETY SPECIALIST Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Paul Morsen, Deputy General Manager, who reviewed the current and proposed risk management and safety organizational structure at the District. Mr. Morsen discussed the recommended changes and indicated that the changes are proposed at this time because of retirements and a resignation, and to meet staffing needs for existing programs and to cope with future regulatory requirements. ' Discussion followed in which President Clausen recommended that the Risk Manager class description be amended to include language stating that the individual will manage the Self-Insurance Fund. In addition, President Clausen recommended that the class description for the position of Plant Operations Safety Specialist be amended to delete specific references to the Plant thus allowing greater flexibility. Mr. Dolan agreed and thanked President Clausen for his suggestions. It was moved by Member Dalton and seconded by Member Rainey, that I) a new position of Risk Manager be established at Range M-33 ($4750-$5773), that the class description for the position of Risk Manager be adopted as amended, that Ms. Bonnie Allen be appointed to this Risk Manager position, and that Resolution No. 91-015 be adopted to that effect; 2) the class description for Safety and Loss Control Specialist be revised and a new salary level at S-75 ($3891-$4710) be established; and 3) that the class description and title for the Operations Safety Specialist be revised including the amendments suggested by President Clausen. Motion unanimously approved on the following vote: AYES: Members: Dalton, Rainey, Boneysteele, Carlson, Clausen NOES: Members: None ABSENT: Members: None -, - . . '03 12191 46 8. REAL PROPERTY a. ADOPT RESOLUTION APPROVING THE PURCHASE OF PARCELS 159-150-033 AND 159-150-037. APPROXIMATELY 3.623 ACRES, 4737 IMHOFF DRIVE, MARTINEZ It was moved by Member Boneysteele and seconded by Member Dalton, that the purchase of Assessor's Parcels 159-150-033 and 159-150-037 be approved from K & M Investments in the amount of $2,617,000, in accordance with the Real Estate Purchase Agreement and that Resolution No. 91-016 be adopted to that effect. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, Carlson, Rainey, Clausen NOES: Members: None ABSENT: Members: None President Clausen asked that staff investigate whether the District may use the property around the building for parking or other purposes during the 18-month period when the seller has use of the warehouse. Mr. Dolan stated that staff will look into the matter. 9. CORRESPONDENCE a. LETTER FROM MS. MARTY CASO CONCERNING SOLID WASTE MATTERS Receipt of the letter from Ms. Marty Caso concerning solid waste matters was noted, the draft response was approved, and the president of the Board of Directors was authorized to execute said response. b. LETTER FROM CONTRA COSTA COUNTY REGARDING PROPERTY TAX ADMINISTRATIVE FEE Following discussion, it was moved by Member Carlson and seconded by Member Rainey, that payment of property tax administration costs in the amount of $111,542.89 be authorized under protest to Contra Costa County. There being no objection, the motion was unanimously approved. 10. APPROVAL OF MINUTES a. MINUTES OF MARCH 7, 1991 It was moved by Member Rainey and seconded by Member Dalton, that the minutes of March 7, 1991, be approved as presented. There being no objection, the motion was unanimously approved. 11. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED MARCH 21, 1991 Member Rainey, member of the Budget and Finance Committee, stated that she and President Clausen reviewed the expenditures and found them to be satisfactory. It was moved by Member Rainey and seconded by President Clausen, that the Expenditure list dated March 21, 1 991, including Self-Insurance Check Nos. 100512- 100516, Running Expense Check Nos. 58802-59095, and Sewer Construction Check Nos. 9381-9423, be approved as recommended. There: being no objection, the motion was unanimously approved. iO3 ¡~:21 i.9.~1 ".. ~. "c,.> /:~;:.r a. 47 12. BUDGET AND FINANCE RECEIVE FEBRUARY 1991 FINANCIAL STATEMENTS Mr. Walter N. Funasaki, Finance Officer, reviewed the results of operations and maintenance for the month of February 1991, noting that expenses were $111,000 less than budget, representing a 5.4 percent favorable variance. For the eight months ended February 28, 1991, expenses were $902,000 less than budget, representing a 5.4 percent favorable variance. The District's temporary investments were held in Treasury bills and notes and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 6.85 percent to 9.41 percent. The latest interest rate at February 28, 1991, was 7.14 percent. The average yield for the LAIF account through February 28, 1991, was 8.002 percent. In response to a question from President Clausen, Mr. Funasaki stated that at the six- month budget review a revenue projection was provided. It is projected that the District will be underrealized in revenues at June 30, 1991. However, it is also projected that the District will be underexpendedin expenses at that date. The net result will not be a major increase in the deficit. President Clausen thanked Mr. Funasaki for his report and noted that the February 1991 Financial Statements were duly received. None a. 13. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 14. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that the proposed Financial and Investment Services Agreement as drafted by Kent Aim and reviewed by outside counsel was given to the Board at the last meeting for review and comments. Staff would recommend that the District proceed with the agreement at this time. It was moved by Member Carlson and seconded by Member Boneysteele, that the Financial and Investment Services Agreement be approved for submission to Contra Costa County and that Counsel for the District be authorized to negotiate the proposed agreement with the County. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Boneysteele, Dalton, Rainey, Clausen NOES: Members: None ABSENT: Members: None 2) The Board of Directors considered and approved the proposed response declining the Contra Costa County Board of Supervisors' request for a zero interest loan to cities and school districts subject to charges and fees imposed under Senate Bill 2557. 3) Mr. Dolan stated that the Board is aware from workshop sessions that staff is struggling with ways to meet the increasing demands on our agency. As the years have gone by, the District has enjoyed the benefits of long-range planning as we have kept ahead of enforcement actions and public concerns. One of the ways this has been done is through master planning efforts. A project is now moving through the final draft stage to develop a master plan for the District's Management Information System (MIS). A presentation is planned for the April 4, 1991 Board Meeting. We are 03 2t. 91 48 4) 5) 6) 7) 8) 9) looking at a phased approach with an estimated cost of $1.5 million. The greatest portion would be spent in the early phase. Mr. Dolan stated that Mr. Bhupinder Dhaliwal, Laboratory Superintendent, was budgeted to attend the Water Pollution Control Federation laboratory conference. Instead, Mr. Dhaliwal feels there would be more benefit in attending a seminar on Aquatic Toxicology and Testing. This seminar will be held in New Jersey. If the Board has no objection, Mr. Dhaliwal will attend the Aquatic Toxicology and Testing seminar. The Board voiced no objection. Mr. Dolan announced that staff has been working to identify beneficial uses for the District's ash. Mr. Ramesh Babu, a consultant on loan from Montgomery Engineers, has found such a use. Since January 1991, approximately 85 percent of the District's ash has been going to Port Costa Materials Company. They are adding the ash to their raw materials to manufacture masonry products and bricks. Mr. Dolan passed around some of the light-weight aggregate made with the District's ash and summarized the terms of the District's arrangement with Port Costa Materials Company. In the discussion that followed, Member Rainey cautioned staff about entering into a long-term contract if this process becomes very successful. Mr. Dolan agreed but indicated that the current arrangement for beneficial use of the District's ash is a good one. Mr. Dolan announced that there has been a reduction in District solid waste disposal costs as a result of recycling efforts in the Headquarters Office Building and Plant Operations Department. There was a $13,000 annual savings in disposal costs thanks to the efforts of all District employees but particularly Mr. Bill Long, Buyer I, who managed the effort. The District is currently advertising for the Headworks Project. engineer's estimate for the project is $23 million. The Mr. Dolan distributed the Affirmative Action Update for 1990. Mr. Dolan announced that he will celebrate his 50th birthday tomorrow. The Board Members wished Mr. Dolan well. b. COUNSEL FOR THE DISTRICT None c. SECRETARY OF THE DISTRICT None d. BOARD MEMBERS 1 ) 2) 3) OS' 21': The Waste Characterization Component of the Source Reduction and Recycling Element required by AB 939 and prepared by Mr. George Savage of Cat Recovery Systems, Inc., was discussed. Member Rainey stated that the work was .too general and the differences in the waste streams of the four cities were not noted. Mr. Dolan stated that staff is working to remedy that deficiency. Member Rainey stated that the next meeting of the Central Contra Costa Solid Waste Authority is scheduled for March 28, 1991. Mr. Dolan, Gen~ral Manager-Chief Engineer, stated that he has been asked if Mr. Kenton Aim, Counsel for the District, could provide legal assistance to the Authority with regard to the possible acquisition of the Acme transfer sta.tion. . The Board voiced no objection. President Clausen reported that the next Solid Waste Export Committee meeting has been rescheduled for April 25, 1991. 9' 1.. .:: . " . 49 15. ANNOUNCEMENTS President Clausen announced that he will be unable to attend the June 6, 1991 Board Meeting at which the Board is scheduled to adopt the Sewer Service Charge. President Clausen requested that staff calendar consideration of the June and July Board Meetings dates at the next meeting. 16. CLOSED SESSION a. LABOR RELATIONS This item was taken out of order earlier in the agenda. b. SIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section 54956.9(b), a point has been reached where in the opinion of the Board of Directors of the Central Contra Costa Sanitary District on the advice of its Counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the District. The title of the litigation was not identified because to do so would jeopardize the Board's ability to conclude existing settlement negotiations to its advantage. At 6:24 p.m., President Clausen declared the closed session to discuss litigation pursuant to Government Code Section 54956.9(b). At 7:09 p.m., President Clausen concluded the closed session and reconvened the meeting into open session. 17. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None 18. ADJOURNMENT There being no further business to come before the Board, President Clausen adjourned the meeting at the hour of 7:09 p.m., to reconvene at 6:30 p.m. on March 28, 1991, for a meeting of the Sanitation and Water Agencies of Contra Costa County to discuss areas of mutual concern. reside of the Board of Directors, Ce al Contra Costa Sanitary District, ounty of Contra Costa, State of California COUNTERSIGNED: e re ary of the Central ont~a C sta Sanitary District, County of Contra Costa, State of California 0:3 ~ .2.1 91