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HomeMy WebLinkAboutBOARD MINUTES 02-19-81 1858 MINUTES OF A REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON FEBRUARY 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 February 19, 1981. 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. EXPENDITURES Members Boneysteele, and Dalton, members of the Budget and Finance Committee, stated that they had reviewed the expenditures and found them to be satisfactory. After discussion, it was moved by Member Dalton, seconded by Member Boneysteele, that Running Expense Warrant Nos. 14109-14118, 14204-14247, 14430-14453 and 14461-14587; Sewer Construction Warrant Nos. 3775-3789, 1340-1346; and Payroll Warrant No. 1640, and 8343473-8343706. Motion was unanimously approved. , III. CONSENT CALENDAR After discussion, it was moved by Member Carlson, seconded by Member Stanley, that Items 1 through 3 be approved and respective resolutions adopted to that effect and that Item 4 be approved. Grantee Area Job No. 1. a. b. c. d. e. f. g. h. i . j. Jack Cain, etal Lafayette 3382 Jack Cain, etal Lafayette 3382 Jack Cain, etal Lafayette 3382 E. M. Ruiz, et ux Walnut Crk 3142 R. M. Dahl Walnut Crk 3142 R. A. Harrington, et ux Walnut Crk 3142 M. Magana, et ux Walnut Crk 3142 Graham Dev. Co. Walnut Crk 3476 R. F. OIBrien, et ux San Ramon 934 Ext. 190 Cleaveland Investors, Ltd. Pleasant Hill 3467 2. Parcel No. Res. No. 1 81-30 2 81-31 3 81-32 2 81-33 3 81-34 4 81-35 4a 81-36 1 81-37 1 81-38 3 81-39 Resolution No. 81-40. Authorize execution of Consent to Dedication to Contra Costa County, Subd. 5465, (Job 3148). 3. Resolution No. 81-41. Authorize execution of Consent to Dedication to Contra Costa County, Subd. 5466 (Job 3148l 4. Authorize increase of $560 in the Special Projects Engineering Division Equipment Budget. Motion was unanimously approved. (ì ;¿ - ", ,f'"'J " ~..'" 81 --_.,-~, ---. ._----------, ---,-,------,----,.. ..'---""------ 1859 IV. ADMINISTRATIVE REVIEW PROTEST AND CONSIDER ACTION ON BIDS RECEIVED AUGUST 6, 1980 FOR CONSTRUCTION OF DECHLORINATION FACILITY IMPROVEMENTS (DSP 3272) Mr. Dolan, General Manager-Chief Engineer (GM-CE), reviewed background of the matter and referred to Mr. Carniato, District Counsel, for comments concerning this matter. 1. Mr. Carniato advised that Mr. William Miller, attorney representing D. W. Young Construction, was present. He also informed the Board that the EPA had sustained the protest of D. W. Young Construction Company and found C. W. Roen Construction Company to be a nonresponsible bidder as a result of its failure to meet MBE requirements. Mr. Carniato recommended rejection of all bids and readvertising of the project. .President Campbell recognized Mr. William Miller to address the Board in behalf of D. W. Young Construction. He stated that Mr. Young had gone to great lengths to provide a bid consistent with the responsibilities and objectives of the project. He commented that after six months of deliberation and review, a decision to refuse all bids would be inconsistent with the public interest this Board is charged to uphold. Mr. Young of D. W. Young Construction commented that he has made the effort to comply with the bid requirements and has maintained his bid price for six months. He felt that the EPA had made an unbiased review of the Roen bid and felt that rejection of the bids for this project would not serve the best interest of the public. Member Carlson commented that based on the Hearing held on October 2, 1980, Mr. Young did not adhere to the MBE requirements as far as advertising for minority subcontractors seven days prior to the bid opening date. Mr. Young replied that he did not contact Homitz and Allan (coordinators for MBE) but chose to file his bid in accordance with the Contra Costa County Home Town Plan. He further explained that the goal of the Contra Costa County Home Town Plan is to have 16% of a contract funds designated to a minority subcontractor. Mr. Young stated that he had demonstrated and complied with the Plan requirements. Member Boneysteele asked staff if any contact has been made with Pacific Mechanical, the second low bidder, regarding this matter. Mr. Carniato replied that Pacific Mechanical appears to have no further interest in this project. Mr. Carniato indicated that since there had been litigation threatened on this matter, it would be appropriate to discuss the subject further in closed session. There being no further discussion, President Campbell declared a closed session at 7:47 p.m., to discuss the District's legal position concerning the bids received for construction of the Dechlorination Facility Improvements. At 7:55 p.m., President Campbell concluded the closed session and reconvened the meeting. As a result of discussion in closed session, it was moved by Member Dalton, seconded by Member Carlson, to reject all bids for construction of Dechlorination Facility Improvements, DSP 3272; and to authorize staff to solicit new bids; and to authorize an increase of $5,000 in the cost ceiling for the project, from Sewer Construction Funds, for John Carollo Engineers to prepare an addendum to the bid document covering conditions and requirements that have changed since the original bid date. Motion was unanimously approved. O"",'~, ,.4.1. ]~,9 S.l 1860 2. REPORT AND DISCUSSION ON 1981 FLOW STUDY Mr. Dolan, GM-CE, informed the Board that the Collection System Engineering Services Division has as part of the 1981 Flow Study prepared a Chart to assist in analyzing the capacity of our Treatment Plant. He requested Mr. Jay McCoy, Collection System Engineering Services Division Manager, to explain the various aspects of the flow study chart. Mr. McCoy explained that as reflected on the chart, current influent flows at the plant are approaching the 35 mgd plant capacity limit. This 35 mgd limit is based on dry weather flows, i.e., the District's discharge cannot exceed 35 mgd per month for three consecutive months during the dry weather season. Based on past records, the plant is capable of treating more than 35 mgd and still meet its effluent requirements. The "real" capacity of the plant is unknown because of the highly unusual process configuration. If the "real" capacity of the plant is 38 mgd, it would appear that the next hydraulic expansion project should be completed before a 38 mgd flow is reached. Member Boneysteele asked how the District's flow projections compare with EBMUD projections for water consumption and suggested that staff obtain such data for comparison. Member Stanley asked for a staff assessment regarding the possibility of exceeding discharge limits. Mr. Dolan replied that at present the plant has adequate capacity to handle hydraulic loads and solids received at the plant. However, when the ongoing construction of the proposed hydraulic expansion project gets underway, interruptions in plant operation may occur. Such interruptions could lead to periods when the plant would not meet its NPDES requirements and result in NPDES violations. It is anticipated that the Metcalf and Eddy project, which will expand the treatment plant capacity to 45 mgd will be completed in 1984. According to growth projections, the expansion will provide the District with enough discharge capacity for a ten year period. If the growth rate exceeds projections, the District could consider controls on the growth rate. Also, if the capacity increase project fails to meet the present schedule, or if unforeseen developments interfere with the plant's ability to meet NPDES requirements as flow increases, it may be necessary for the District to consider controls on growth. Member Dalton stated that the District cannot place controls on the City of Concord service because there are no limitations on service stipulated in the City of Concord Contract except under specific order of the Regional Water Quality Control Board. After discussion between Board and staff, Mr. Dolan stated that he would keep the Board apprised of future developments. 3. CONSIDER METHOD OF APPROACH FOR UPDATING DISTRICT SCHEDULE OF FEES AND CHARGES Mr. Dolan, GM-CE, advised the Board that this item is presented to the Board at this time for informational purposes and comment by Board. Mr. Dolan stated that staff is presently conducting a comprehensive review of the fixture fees and charges in order to determine an appropriate methodology for maintaining an equitable, self-supporting rate structure. He requested Mr. McCoy, Collection System Engineering Services System Division Manager, to give a presentation regarding the proposed formula for determining fixture fees. () ">," ., ".'* , "". I' £,"" '.~ . <Ii" ql 1001 Mr. McCoy briefly outlined the categories involved in the schedule of fees and charges. They are annexation fee, fixture fee (residential and commercial/industrial), watershed fee, inspection fee (sewer construction project), plan review fee, EQC (commercial), and miscellaneous charges (overtime inspection charge, District engineering charge for private sewer projects, preparation of quit claim deed charge, rebate account administration fee and other fees). He pointed out that the fee approach proposed for residential connections would differ from current policy in that there would be no variation in fee for the number of bathrooms or would there be any accounting for future bathroom additions. This "fixed" fee approach is considered to be more equitable since there is no definite connection between the number of bathrooms and the number of occupants in a residence. Member Dalton commented that he was in favor of simplification but was not in favor of a flat fee that would apply to all types of residential properties. After discussion, it was the consensus of the Board that staff proceed with updating of the District's schedule of fees and charges and when it is finalized a study session be held to review and discuss all proposed changes. A Hearing would then be scheduled prior to any Board action. V. BUDGET AND FINANCE 1. APPROVAL OF BILLS FOR LITIGATION SERVICES Mr. Carniato, District Counsel, requested that this item be held over pending receipt of backup material for the statement from Crosby, Heafey, Roach and May regarding the Peterson/Simpson litigation. 2. AUTHORIZE THE PURCHASE OF ONE MINI-PICKUP TRUCK Mr. Dolan, GM~~E.explained that the Special Projects Division requires a mini-pickup truck for use on its Biological Phosphorus Removal Pilot Plant operation. The California State Water Resources Control Board has included in its budget for the pilot plant work, $3,200 for the rental of a mini-pickup. In discussion with staff, it was determined that it would be beneficial to the District to purchase a mini-pickup and apply the allocated rental cost towards the price of the vehicle. Upon completion of the pilot plant work, the mini-pickup would be assigned to the vehicle pool. After discussion, it was moved by Member Stanley, seconded by Member Dalton, to authorize $6,500 for the purchase of a mini-pickup truck for use on the pilot plant project, of which $3,200 would be expended from the pilot plant account and $3,300 from the Collection System Operations Maintenance capital equipment budget. Motion was unanimously approved. At this time, President Campbell requested the Board to digress from the agenda to VII. PERSONNEL, Item 1. Board members voiced no objections to the request. VII. PERSONNEL 1. DELEGATE AUTHORITY TO THE GM-CE TO DISMISS JERRY JACKSON PURSUANT TO SECTION 4-415 OF THE DISTRICT CODE (TO BE CONSIDERED IN CLOSED SESSION Mr. Carniato, District Counsel, stated that this item was first presented to the Board at the meeting of November 20, 1980 at which time the Board deferred action on the matter for a three-month period. He also stated that, staff was now recommending termination and that it would be necessary to consider the matter in closed session because subjects relating to 02 f (\ , 'L,J 81 1862 Mr. Jackson's attendance, record an excessive use of sick leave would be discussed. In response to inquiry from Mr. Jackson, President Campbell requested Mr. Carniato to explain to Mr. Jackson why the Board intended to discuss the matter in closed session. Mr. Carniato responded indicating to Mr. Jackson that comparison of his attendance records with records of other employees would be discussed which would be inappropriate to do in open session. Mr. Carniato also indicated that he had been contacted by Mr. Jackson's attorney's office requesting the nature of staff's recommendation. President Campbell asked Mr. Jackson if he wished to make any comments. Mr. Jackson replied that he had not received notification of staff's recommendation until the day before the Board meeting. He requested that the Board consider his history with the District and asked what method was used to choose attendance records for comparison. Mr. Carniato replied that the records for comparison were drawn from employees who were employed by the District at approximately the same date as Mr. Jackson. He also explained that dismissal and delegation of authority are being considered at this meeting due to the fact that Mr. Jackson's probationary extension expires prior to the date of the next regular Board meeting. There being no further comments or discussion, President Campbell declared a closed session at 9:00 p.m. At 9:13 p.m., President Campbell concluded the closed session and reconvened the meeting. As a result of discussion in closed session, it was moved by Member Carlson, seconded by Member Stanley, that the General Manager-Chief Engineer be delegated the authority to dismiss Mr. Jerry Jackson pursuant to Section 4-415 of the District Code. Motion was unanimously approved. President Campbell reverted to the order of the agenda. V. BUDGET AND FINANCE 1980-81 SIX-MONTH BUDGET REVIEW 3. Mr. Dolan, GM-CE requested Mr. Walter Funasaki, Finance Officer, to review actual and budgeted revenue and expenditures for Operations and Maintenance during the first six-months of the 1980-1981 fiscal year. Mr. Funasaki advised that the District revenues are expected to meet the annual 1980-1981 fiscal year projections. There have been over- expenditures as a result of increases in chemical costs and underestimation of chemical consumption and electrical charges. Under-expenditures have occurred in other areas with the result that it appears we will be within the overall budget. Mr. Funasaki stated that department budget reviews were completed with the assistance of the respective departments and projections were estimated. Mr. Risden, President of the Employees' Association, asked if the budget review included the Construction Litigation Support Division. Mr. Dolan, GM-CE, replied that it was not included because litigation costs are not strictly a part of the Operation and Maintenance as they are capitalized. Member Dalton commented that the budget review was well prepared. ()2 19 81 1863 0'), ¡:.", VI. CAPITAL IMPROVEMENTS 1. AUTHORIZE THE AWARD OF PURCHASE OF POLYMERIC FLOCCULANTS TO ALLIED COLLOIDS After explanation by Mr. Dolan, GM-CE, and Board discussion, it was moved by Member Dalton, seconded by Member Carlson, that authorization to award the purchase of polymeric floccu1ants to Allied Colloids, Inc., in an amount not to exceed $475,000 for the period from this date through June 1982, be approved. Motion was unanimously approved. 2. AUTHORIZE SOLICITATION FOR BIDS FOR PREPURCHASE OF THE BLOWER AND ELECTRIC MOTOR ASSEMBLY FOR THE STAGE 5B-I PROJECT Mr. Dolan, GM-CE, explained that during an analysis of the State 5B-I Plant Expansion Project, it was determined that there was a critical need for additional aeration blower capacity. It is proposed that the District prepurchase an electric motor driven aeration blower system and engage Metcalf and Eddy to do design work for the installation. The State Water Resources Control Board has given verbal approval for prepurchase of the blower. After discussion, it was moved by Member Stanley, seconded by Member Dalton, that authorization to solicit bids for the prepurchase of the blower and electric motor assembly for the Stage 5B-I project be approved. Motion was unanimously approved. VII 1. PERSONNEL 1. DELEGATE AUTHORITY TO GM-CE TO DISMISS JERRY JACKSON PURSUANT TO SECTION 4-415 OF THE DISTRICT CODE (TO BE CONSIDERED IN CLOSED SESSION) This item was discussed and acted upon following Item 2, under V. BUDGET AND FINANCE. VIII. EMPLOYEE TRAINING 1. AUTHORIZE $900 FOR D. G. NILES TO ATTEND A WATER POLLUTION CONTROL CONSTRUCTION CLAIMS SEMINAR After explanation by Mr. Dolan, GM-CE, it was moved by Member Stanley, seconded by Member Dalton, that authorization of $900 for David G. Niles, Deputy Manager, to attend a 3-day Water Pollution Construction Claims Seminar in Reno, Nevada, on March 23-25, be approved. Motion was unani- mouslyapproved. IX. ITEMS LATE FOR THE AGENDA None x. REPORTS 1. a. Mr. Dolan advised that the County is adopting a new ordinance applying to septic tanks which will require all new houses to be connected to a public sewer system when such system is available. This connection requirement was included in a previous ordinance but is now being readopted with minor modifications. b. Mr. Dolan advised that a Government Affairs Seminar sponsored by the WPCF will be held in Washington, D. C., on March 24, 1981. He would like to attend the seminar if his schedule permits. 1 ~) Rl 1864 c. Mr. Dolan reported that Contra Costa County has expressed interest in participation in our IIgarbage to energyll project. Mr. Paul Kilkenny has spoken to Member Dalton on this subject. d. Mr. Dolan explained that originally it was Metcalf and Eddy's responsibility to design a cathodic protection system for the natural gas system at the Treatment Plant as part of the fix and finish project. However, it has now been determined more feasible to hire a subcontractor to do this work under the direction of Metcalf and Eddy. Dr. Weddle has met and negotiated with Mr. Jose Villalobos (JLV) to do this work. Therefore, Mr. Dolan is requesting authorization to execute a contract with JLV at an amount not to exceed $10,000. After discussion, it was moved by Member Carlson, seconded by Member Dalton, that the General Manager-Chief Engineer be authorized to execute a contract with JLV in the amount of $8,500, plus contingencies (total amount not to exceed $10,000) to design a cathodic protection system for the Treatment Plant natural gas system, subject to review and approval of the contract by District Counsel. Motion was unanimously approved. e. Mr. Dolan reported that a letter has been sent to Mr. M. Wingett, County Administrator, regarding the IIAd Valoremll tax issue with a copy to EBMUD. f. Mr. Dolan distributed copies of the Budget Report for the month of January. 2. COUNSEL FOR THE DISTRICT Mr. Carniato requested that his report be given in closed session. 3. SECRETARY Mr. Hopkins reminded members of the Board that disclosure statements are due and will have to be filed by the end of the month. 4. COMMITTEES a. Member Dalton reported on a meeting with the County Solid Waste Commission. The County has once again brought up the matter of inspection of garbage dumps. If the County does not initiate an inspection program of the dumps, the State will do the inspections and charge the County for the work. Discussion followed regarding costs and charges for such an operation. It was the consensus of the Board that CCCSD should continue to oppose passing on this charge to the customers of the garbage companies through the franchise rate setting process at this time. b. Member Carlson stated that he had contacted Mr. Ernest LaSell, director for the Contra Costa County Water District, regarding progress of the alum sludge handling study being conducted by Montgomery Engineers. Mr. Carniato has met with their attorney to discuss contractural obligations and the removal and handling of alum sludge. Mr. Carniato advised that he would report further on this matter in closed session at the end of the meeting. C. Member Dalton requested that he receive a copy of the connection report from the Permit Section and the Treatment Plant Flow Record Sheet on a monthly basis. MATTERS FROM THE FLOOR a. Mr. Don Risden, President of the Employees Association, addressed the Board regarding Meet and Confer Sessions to discuss the matter of further disability benefits. Board members commented on the matter and referred the matter to their representatives. 02 ] () . " ..,. g¡ 1865 b. Member Boneysteele mentioned that the Selma Fowler Kingsburg District was appealing the use of Time of Use Rates for electricity. Other cities are now expressing concern over these rates. c. President Campbell advised that he would be unable to attend the next Board meeting due to a seminar he will be attending at that time. He requested that the Board appoint a President Pro Tem to preside over the meeting of March 5,1981. After discussion, it was moved by Member Campbell, seconded by Member Dalton, that in the absence of President Campbell, Member Stanley be appointed to act as President Pro Tem for the meeting of March 5. Motion was unanimously approved. XI I. CLOSED SESSION At 10:15 p.m., President Campbell declared a closed session to discuss matters pertaining to the Contra Costa County Water District litigation and personnel. Mr. Risden, President of the Employees Association, asked if the Board anticipated any action as a result of the closed session. Mr. Carniato replied that it would depend on the factors discussed in closed session. At 11 :08 p.m., President Campbell concluded the closed session and reconvened the meeting. Mr. Risden queried the Board whether they were complying with the recently adopted legislation dealing with closed sessions. Mr. Carniato, District Counsel, responded that the Board was in compliance and that the closed session concerned confidential material covering confidential personnel items, and litigation, which are appropriate matters for discussion in closed session. XIII. ADJOURNMENT At 11:10 p.m., President Campbell adjourned the meeting. President of the District Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Secretary of the District Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California 02' I',: C), """ 81"