Loading...
HomeMy WebLinkAboutBOARD MINUTES 10-02-80 1790 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD OCTOBER 2,1980 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 October 2,1980 at 7:30 p.m. President Carlson called the meeting to order and requested the Secretary to call roll. I. ROLL CALL PRESENT: Members: Boneysteele, Campbell and Carlson ABSENT: Members: Stanley and Dalton Member Stanley arrived at 7:34 p.m. Member Dalton arrived at 7:38 p.m. II. APPROVAL OF EXPENDITURES Member Boneysteele advised that he had reviewed the expenditures dated October 2, and found them to be satisfactory. It was moved by Member Boneysteele, seconded by Member Campbell, that SIC Warrant Nos. 1208-1222 and R/E Warrant Nos. 12827-12982, be approved. Motion carried by the following vote: AYES: Members: Boneysteele, Campbell and Carlson NOES: Members: None ABSENT: Members: Stanley and Dalton II!. BIDS AND AWARDS 1. CONSIDER PROTEST CONCERNING BID FROM C. W. ROEN CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE DECHLORINATION FACILITY, JOB NO. 3272 At 7:33 p.m., President Carlson declared an executive session to discuss potential litigation concerning the protest of D. W. Young Construction Company in regard to alledged minority business enterprise recruitment deficiencies in the bid from C. W. Roen Construction Company for the Dechlorination Facility Project, Job No. 3272. At 7:45 p.m., President Carlson closed the executive session and reconvened the meeting. At 7:46 p.m., President Carlson opened the hearing and requested Mr. D. W. Young of Young Construction to address the Board in regard to his protest concerning the Roen bid. Mr. Young alleged that the bid submitted by C. W. Roen for the Dechlorination Facility Project did not comply with the percentage requirements for minority contractor participation as stipulated by the State Board and EPA. He indicated that his proposal contained a sub-proposal to Frank Mock Company (a minority subcontractor) who would be responsible for doing 16.3% of the project work. It was Mr. Young1s contention that C. W. Roen Construction Company did not demonstrate sufficient effort in the recruitment of minority subcontractors with requirements of the State Water Quality Control Board and the EPA. Mr. Gerry Schnieder, estimator for D. W. Young Construction, responded to questions posed by Board and staff regarding the scope of work that would be performed by their minority subcontractor and gave a background of Mr. Mock's experience. Board discussion followed. ] " '.', ~, .~, 'i., .) ~, ~ s() 1791 President Carlson then called upon Mr. Roen of Roen Construction Company to address the Board. Mr. Roen stated that he had requested a referral list for this project from Homitz, Allan and Associates but was sent a list made up for South Bayside Systems Projects. A subsequent request to Homitz, Allan and Associates for a proper referral list was made and appropriate suppliers and subcontractors were contracted. Anderson Electric was chosen as the minority subcontractor and will be responsible for approximately 45% of the work. The firm is classified as a minority subcontractor under a Joint Venture Agreement made with a minority employee. Discussion followed wherein Mr. Carniato, District Counsel commented that the bids for the project were submitted by the conractors on August 7 and requested that the contractors indicate if their bids were still firm. C. W. Roen and D. W. Young both stated that their bid price is still effective. President Carlson asked if there were any further comments in regard to this matter. There being none, he closed the hearing at 8:43 p.m. After discussion, it was the consensus of the Board to have an executive session to confer with District Counsel. At 8:45 p.m., President Carlson declared an executive session to confer with District Counsel in regard to a decision on this matter. At 8:55 p.m., President Carlson closed the executive session and reconvened the meeting. As a result of discussion in executive session, the Board requested District Counsel to make a recommendation concerning Board action. Mr. Carniato, District Counsel, recommended that the Board disallow the protest of D. W. Young Construction Company and that the contract for the Dechlorination Facility Project, Job 3272, be awarded to Roen Construction Company; and that the District Counsel's office draft a resolution to that effect. It was then moved by Member Stanley, seconded by Member Dalton, that the recommendation of District Counsel as set forth in the resolution, be adopted. Resolution No. 80-210. Motion was unanimously approved. President Carlson thanked everyone concerned for their contribution toward a reasonable solution of this matter. ') '-. ACCEPT BID AND AUTHORIZE THE PURCHASE OF A 4-WHEEL HYDRAULIC DRIVE LOADER FROM JENKINS MACHINERY CO., FOR AMOUNT OF $16,064.46 After explanation by Mr. Jim Coe, Senior Engineer in the Collection System Operations Department, it was moved by Member Stanley, seconded by Member Dalton, to accept the bid to supply a 4-wheel Hydraulic Drive loader, from Jenkins Machinery Company for the amount of $16,064.46, and authorize the purchase of the Loader. Motion was unanimously approved. IV. CONSENT CALENDAR After discussion, it was moved by Member Campbell, seconded by Member Boneysteele, that items 1 through 6 and item 9 be adopted; and items 7 and 8 approved. 1. Resolution No. 80-202. A resolution accepting an easement at no cost to the District from V. W. Baranco, et ux, Walnut Creek area, (Job No. 3401 - Parcell) and authorize recording. Resolution No. 80-203. A resolution accepting an easement at no cost to the District from M. E. Phelan, Pleasant Hill area (Job No. 390 - Parcel 50 2. 10 () ;! 8'" 1792 3. Resolution No. 80-204. A resolution accepting an easement at no cost to the District from P. F. Santina, et al, Walnut Creek area, (Job No. 3355 Parcel 3) 4. Resolution No. 80-205. A resolution accepting an easement at no cost to the District from P. F. Santina, etal, Walnut Creek area, (Job No. 3355 - Parcel 4) and authorize recording. 5. Resolution No. 80-206. A resolution accepting an easement at no cost to the District from P. F. Santina, etal, Walnut Creek area, (Job No. 1179-Parcel 2) and authorize recording. Resolution No. 207. A resolution accepting an easement at no cost to the District from Bank of America, Walnut Creek area, (Job No. 1179 - Parcel 2) and authorize recording. 6. 7. Authorize PA 80-35 (Alamo area) to be included in the next formal annexation to the District. 8. Authorize execution of Agreement Relating to Real Property with Requa Land and Cattle Company, Orinda area (Job 1288, Parcels 1, 2 and 3) and authorize recording. 9. ResQlution No. 80-208. Resolution authorizing a quitclaim easement to Requa Land and Cattle Company, Orinda area (Job No. 1288 - Portion of Parcel 2) and authorize recording. Motion was unanimously approved. v. BUDGET AND FINANCE 1. CONSIDER REVISING REBATE FEE ADJUSTMENT PROCEDURE Mr. Dolan, General Manager-Chief Engineer (GM-CE), requested Mr. McCoy, Manager Engineering Collection System and Services Division, to make a presentation to the Board in regard to the proposed rebate fee adjustment procedure. Mr. McCoy explained that in the past the District Board has authorized a specific increase in rebate fees and maximum recovery amounts for each rebate project based on the previous year's inflation rate. The proposed procedure provides for adjustment of rebate fees and maximum recovery amounts to the appropriate current figures at the time of application for connection of a nonparticipating property to a rebate line. This would generate a current rebate fee for such connections and eliminate the need for annual Board action and annual adjustment of all rebate accounts. It is necessary to establish an ENR index with a common construction date of 1980 for all rebate projects constructed prior to that date. Board and staff discussion followed regarding the method of apportioning appropriate share of costs to those properties connecting to the rebate sewerline at different times over a period of years, handling of sewer extensions, and the life expectency of systems. After further discussion, it was moved by Member Dalton, seconded by Member Stanley, that the Board adopt the revised rebate fee adjustment procedure, that all existing accounts be incorporated into the procedure establishing 1980 as the common construction date for all rebate projects constructed previous to that date; and an ordinance be prepared for Board approval. Motion carried by the following vote: AYES: NOES: ABSENT: Stanley, Dalton, Campbell and Carlson Boneysteele None Members: Member: Members: 1 ., ; 'c :¡; 1', i Kit 1793 Member Boneysteele commented that his vote was not a reflection on the excellent staff work but he does not feel that rebate adjustments should be indexed to the inflation factor as a matter of principal. 2. AUTHORIZE PURCHASE OF ONE ELECTRONIC TYPEWRITER FOR THE CONSTRUCTION DIVISION FOR THE AMOUNT OF $1,624.13 AUTHORIZE THE PURCHASE OF ADDITIONAL OFFICE FURNITURE FOR THE CONSTRUCTION DIVISION FOR AN~T NOT TO EXCEED $5,354.82 3. AUTHORIZE THE PURCHASE OF A CANNON NP 80 COPIER/COLLATOR FOR THE CONSTRUCTION DIVISION FOR THE AMOUNT OF $10,532.65 4. Mr. Dolan, GM-CE, explained that the Construction Division does not have an equipment or maintenance budget for FY 1980-81. It is staff's intention to present the Construction Division FY 1980-81 Budget at a Board meeting in the near future. Mr. Dolan noted that $463.81 was expended from the Sewer Construction Fund to purchase an IBM Dictating Machine which amount should be approved and included in the Construction Division Equipment Budget. After discussion, it was moved by Member Dalton, seconded by Member Campbell, that authorization for the Construction Division to purchase one IBM Electric Typewriter at a cost of $1,624.13; office furniture not to exceed $5,354.82; a Cannon NP 80 Copier/Collator at a cost of $10,532.65; and an IBM Dictating Machine in the amount of $463.81 be approved. Motion was unanimously approved. 5. APPROVAL OF BILLS FOR LITIGATION SERVICE After explanation by Mr. Carniato, District Counsel, it was moved by Member Dalton, seconded by Member Campbell, that the statements from Carniato and Dodge dated October 1, 1980 for services rendered regarding the CCCWD, Peterson/Simpson, EBMUD, Fred J. Early, Jr., Co., Acme Fill and personnel matters totalling $18,925 be approved. Motion was unanimously approved. Mr. Carniato advised the Board that next month the billing procedure would be changed in terms of fixed costs and accrued payables. VI. SOLID WASTE 1. ACKNOWLEDGE RECEIPT OF LETTER FROM TOWN OF MORAGA REGARDING REQUEST FOR MODIFIED DISPOSAL SERVICE AND TAKE APPROPRIATE ACTION Mr. Dolan, GM-CE, advised that a hearing should be scheduled by the Board to consider modifying the level of garbage service and the garbage rates as requested by the Town of Moraga. It was the consensus of the Board that a display ad be placed in the Moraga Sun and in the Contra Costa Times informing the public that a public hearing regarding increased garbage service and rates in the Town of Moraga will be held at the regular Board meeting on November 6, 1980. 2. RECEIVED RESULTS OF PRELIMINARY FEASIBILITY STUDY IN REGARD TO GARBAGE TRANSFER STATION Mr. Dolan, GM-CE, advised that staff has conducted a preliminary study of operational cost reductions by utilizing garbage transfer stations. He asked Mr. Jim Coe, Senior Engineer-Collection System Operations Department, to present to the Board the conclusions that were reached as a result of the preliminary study. 10 0 i.} Qf) 1794 Using visual aids, Mr. Coe stated that a San Ramon transfer station would yield a slight reduction in total District-wide garbage cost; whereas a Walnut Creek transfer station would yield the greatest cost reduction for a single transfer station. Transfer stations at Walnut Creek and San Ramon would yield the most cost effective combination of transfer stations. Board and staff discussion followed. The principal conclusion from Mr. Coe's study was that the cost savings that would result from even the most cost effective transfer operation was not a significant amount when compared to the difficulties that such an operation would create. VI!. PERSONNEL 1. APPROVE POLICY AND PROCEDURE ON WORK HOURS-ALTERNATIVE WORK SCHEDULE Mr. Dolan, GM-CE, advised that Meet and Confer sessions between the Board's Representatives and the Employees Association Wage and Benefit Committee have been conducted and both sides have agreed on the language contained in the proposed policy statement. After discussion, it was moved by Member Stanley, seconded by Member Campbell, that the policy and procedure on work hours alternative work schedule be approved. Motion carried by the following vote: AYES: Members: NOES: Member: ABSENT: Members: Stanley, Boneysteele, Dalton and Campbell Carlson None 2. ADOPT ELIGIBILITY LIST FOR PLANT MAINTENANCE DIVISION MANAGER After explanation by Mr. Dolan, GM-CE, it was moved by Member Campbell, seconded by Member Stanley, that the eligibility list for the position of Plant Maintenance Division Manager be approved and a resolution adopted to that effect. Resolution No. 80-209. Motion was unanimously approved. 3. AUTHORIZE APPOINTMENT TO POSITION OF PLANT MAINTENANCE DIVISION MANAGER Mr. Dolan, GM-CE, requested authorization to fill the position of Plant Maintenance Division Manager and that the salary to fill the position be established at Range 86 step C, which will conform with the salary level of other Division Managers of the District. After discussion, it was moved by Member Stanley, seconded by Member Campbell, that the GM-CE be authorized to proceed to fill the position of Plant Maintenance Division Manager at a salary within Range 86. Motion was unanimously approved. VII I. ITEMS LATE FOR AGENDA 1. REPORT ON JERRY JACKSON GRIEVANCE AND CLAIM Mr. Carniato, District Counsel, advised that a determination has been made by the Administrative Law Judge on September 25 regarding the Jerry Jackson matter. After report on the decision and discussion, it was moved by Member Stanley, seconded by Member Campbell, that the decision of Michael C. Cohn, Administrative Law Judge, in the Jerry JackSQ 1'vS. Central Contra Costa Sanitary District be adopted, a resolution adopted to that effect and that the claimant be so notified. Resolution No. 80-216. Motion was unanimously approved. '~, f-:. 1 ,~'; i';( (") '~ . i':'... 80- 1795 IX. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan advised that a deficiency list for the 5A-I project, prepared by Metcalf and Eddy, has been sent to the Board for review. Board discussion followed wherein Mr. Carniato, District Counsel, suggested that the subject be taken up in executive session later in the meeting because of the litigation on the matter. b. Mr. Dolan reported that staff has had discussion with property owners adjacent to the treatment plant in regard to purchase additional property for the plant site. After discussion, it was the consensus of the Board that the GM-CE be authorized to make offers to purchase additional property adjacent to the plant. c. Mr. Dolan requested authorization for Board and staff members to attend the next CASA meeting. It was moved by Member Dalton, seconded by Member Campbell, that the Board and members of staff as recommended by the GM-CE be authorized to attend the CASA meeting in Monterey on November 21-22, 1980. Motion was unanimously approved. d. Mr. Dolan advised that the repair patching work on the roof of the District Administration Building has been completed. e. Mr. Dolan reported that Boyd Olney of Acme Fill is meeting with the State Regional Water Quality Control Board regarding the proposed cancellation of their permit to receive waste containing significant amounts of moisture, such as the District sludge f. Mr. Dolan advised that staff is compiling an employee benefit insurance package which will be sent out to insurance carriers with requests for proposals. g. Mr. Dolan requested Mr. Jay McCoy to make a presentation regarding configuration of the proposed Board meeting room at the Treatment Plant. Discussion followed. It was the consensus of the Board that a request be made to MWM to take into consideration the comments of the Board and return to the Board with detailed layouts. 2. COUNSEL FOR THE DISTRICT a. Mr. Carniato advised that he would be meeting with G. A. Horstkotte, retired District Manager, and attorneys from the Crosby, Heafey, Roach and May's office to discuss the Peterson/Simpson litigation. b. Board Members were in agreement with Mr. Carniato that a special meeting should not be held during the month of October. 3. SECRETARY None 4. COMMITTEES None x. MATTERS FROM THE FLOOR a. The preliminary audit was submitted to the Board for their review and comment 10 0:> S(~ 1796 At 10:40 p.m., President Carlson recessed the meeting. At 10:45 p.m., President Carlson called an executive session to discuss litigation matters. At 10:59 p.m., President Carlson closed the executive session and reconvened the meeting. b. Secretary of the District, Clyde Hopkins, mentioned the impending retirement of State Senator John A. Nejedly. Afer discussion, it was moved by Member Dalton, seconded by Member Boneysteele, that a resolution be drafted commending Sentaor Nejedly for the support he has given the District and associated agencies. Resolution No. 80-217. Motion was unanimously approved. IX. ADJOURNMENT At 11:00 p.m., President Carlson adjourned the meeting. / . /ÚU{~~ Presidént of the District Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Sec tary of the trict Board of the C tral Contra Costa Sanitary District, County of Contra Costa, State of California ,:' "," It", :: ~ ~ , -J ;~() ~