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HomeMy WebLinkAboutBOARD MINUTES 03-21-85 (2) 164 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MARCH 21, 1985 The District Board of the Central Contra Costa Sanitary District convened in a regul ar session at its regul ar pl ace of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 7:30 p.m. on March 21, 1985. President Boneysteele called the meeting to order and requested the Secretary call roll. I. ROLL CALL PRESENT: Members: Carlson, Dalton, Clausen, Boneysteele ABSENT: Members: Stanley President Boneysteele stated that Member Stanley had advised staff he would be unable to attend this meeting and requested that he be excused. II. APPROVAL OF MINUTES 1. APPROVE MINUTES OF FEBRUARY 21, 1985 It was moved by Member Carlson and seconded by Member Clausen, that the minutes of February 21, 1985 be approved as presented. There being no objection, the motion was approved with Member Stanley being absent. III. EXPENDITURES 1. EXPENDITURE LIST DATED MARCH 21, 1985 Member Dalton, member of the Budget and Finance Committee, stated he and President Boneysteele have reviewed the expenditures and found them to be satisfactory. It was moved by Member Dalton and seconded by Member Clausen, that the Expenditure List dated March 21, 1985, incl uding Running Expense Warrant Nos. 18572-18747 and 22805-22808 and Sewer Construction Warrant Nos. 2811-2836, be approved as presented. There being no objection, the motion was approved with Member Stanley being absent. IV. HEARINGS 1. CONDUCT A PROTEST DETERMINATION. HEARING REGARDING. THE STAGE 5B PROJ ECT CONSTRUCTION BIDS AND TAKE NECESSARY ACTION TO RESOl VE PROTEST Mr. John J. Carniato, Counsel for the District, advised that some late information has been received by telephone to the effect that Mr. Roen may have withdrawn his protest. Mr. Carniato recommended that the Board proceed with the staff presentation and open the hearing to determine if Mr. Roen is present and wishes to comment. Mr. Curtis Swanson, Senior Engineer, advised that on February 7, 1985, bids for construction of the Stage 5B Project were received and opened. The apparent low bidder was Pacific Mechanical Corporation (PMC). The second low bidder, C. W. Roen Construction Co., filed a protest with the District on February 15, 1985, against the award of the construction contract to PMC on the alleged failure of PMC to enlist sufficient Minority Business Enterprise or Women's Business Enterprises (~E/WBE) participation in their bid proposal. The District has received federal and state grant funding under the Clean Water Grant Program for construction of the Stage 5B Project. Mr. Swanson summarized the federal and state grant conditions and requirements including ~E/WBE participation requirements. In addition, Mr. Swanson provided a summary of the positive effort requirements and actions taken by PMC to comply with those requirements. In accordance with grant regulations, the District, by letter dated March 8, 1985, notified all bidders that a protest had been fl1 ed. The same noti ce advi sed the bi dders of the protest resolution procedures, the time and place of the protest 03<~1 ti:.b' t'( ¡ 165 determination hearing, and how and when to submit written arguments or documentation. Mr. Swanson stated that based on the information received to date from C. W. Roen and PMC, that PMC has complied with the MBE/WBE positive effort requirements and barring any new evidence presented tonight would recommend that the Board of Directors deny the protest. Member Clausen stated that Pacific Mechanical Corporation had actually fttempted to comply with the ~E/WBE participation requirements by bidding 26 percent of the work with minority business enterprises. The bids received were not low however, so they were rejected as provided in the Clean Water Grant Program. Mr. Swanson stated that was correct. President Boneysteel e decl ared the publ ic hearing open and there being no appearances either in favor of or in opposition to the protest filed by C. W. Roen Construction Company, the public hearing was declared closed. It was moved by Member Clausen and seconded by Member Carlson, that the protest of award of the Stage 5B Project construction contract to the apparent low bidder, Pacific Mechanical Corporation, be denied. Motion approved on the following roll call vote: AYES: Members: Carl son, Dalton, Clausen, Boneysteele NOES: Members: None ABSENT: Members: Stanley 2. HOLD A PUBLIC HEARING ON DISTRICT ANNEXATION 90 AS AMENDED BY THE LOCAL AGENCY FORMATION COMMISSION President Boneysteele declared the public hearing open and there being no appearances either in favor of or in opposition to the proposed annexation, the public hearing was declared closed. It was noted for the record that 1 egal notice of the hearing was duly published and affected property owners were notified by certified mail of the hearing. It was moved by Member Carlson and seconded by Member Dalton, that resolutions be adopted concurring with the Negative Declaration and ordering annexation of all parcel s in District Annexation 90 as amended by Local Agency Formation Commission (Resolution Nos. 85-019, 85-020, 85-021, 85-022, 85-023, 85-024, and 85-025). Motion approved on the following roll call vote: AYES: NOES: Members: Carlson, Dalton, Clausen, Boneysteele Members: None ABSENT: Members: Stanley v. CONSENT CALENDAR Mr. Kenneth Barker addressed the Board concerning Item No.3, request to authorize attendance of Robert Baker at the WPCF Government Affairs Seminar in Washington, D.C., and Item No.5, request to accept the contract for construction of Incinerator Ash System Improvements (Project 3694.3) and authorize the filing of the Notice of Completion. Mr. Barker stated that he does not know what the Board is approving, how the Board woul d know what they are approving, the budgeted amount, and the final cost. Members Carlson and Clausen advised Mr. Barker that there are position papers providing that information. It was moved by Member Carlson and seconded by Member Clausen, that the Consent Calendar, consisting of eight items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Order completion of District Annexation No. 90-H and 90-1 (Resolution Nos. 85-026 and 85-027>. ,y, ~ ~ t"¡' f"" , 85 03 21 166 2. Authorize attendance of Tom Trice at a three-day course entitled "Asphalt Paving Mixtures: Design, Construction, and Performance," University of Nevada, Reno - April 17-19, 1985, at a cost not to exceed $360. 3. Authorize attendance of Robert Baker at the WPCF Government Affairs Seminar in Washington, D.C. on March 18-20. 4. Authorize $1,000 for the attendance of the Laboratory Superintendent at WPCF Conference entitled, "Analytical Techniques in Water Poll ution Control," May 2-3, 1985, in Cincinnati, Ohio. 5. Accept the contract for construction of Incinerator Ash System Improvements (Project 3694.3) and authorize the filing of the Notice of Completion. Quitclaim Sewer Easements, Job 3635, Subdivision 6024, Moraga area (Resolution No. 85-028). 6. 7. Resolution No. 85-029 accepting an easement at no cost to the District from R. F. KIRBY, et ux, Pacheco area (Job 3966 - Parcel 2). 8. Resolution No. 85-030 accepting an easement at no cost to the District from R. M. ~HAR, et ux, Pacheco area (Job 3966 - Parcel 3). There being no objection, Stanley being absent. the motion was approved with Member 1. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None VI. ADMINISTRATIVE ADOPT POLICY ESTABLISHING STANDARD DISTRICT-WIDE PHOTOCOPY AND SPECIAL DOCUMENT REPRODUCTION SERVICES CHARGES FOR Mr. Dol an, General Manager-Chief Engineer, stated that the Board packet includes a comprehensive position paper and attachment. Staff is ready to respond to any questions the Board might have. Member Carlson questioned that 15~ per page was sufficient to cover the actual costs incurred. Mr. John J. Carniato, Counsel for the District, stated that the 15~ per copy is for reproduction only. This fee is set by administrative action and could fluctuate based on actual costs. No charge is now made for search time. Mr. Kenneth Barker stated that this paper is a move to block access to any file. Mr. Barker went on record protesting this action. When questioned Mr. Barker stated that 15~ per page was not too high and was val ide Mr. Barker stated that the basis of his protest was that this would prevent people from getting documents. Mrmber Carlson stated that in the study made costs ranged from 10~ to 25~ per copy. Based on the staff recommendation that 15~ per copy is appropriate, it was moved by Member Carlson and seconded by Member Clausen, that the policy establishing standard District-wide charges for photocopy and special document reproduction services by adopted. Motion approved on the following roll call vote: AYES: Members: Carl son, Dalton, Clausen, Boneysteele NOES: Members: None ABSENT: Members: Stanley 03 21 85 J ';.~: f " 167 VII. ENGINEERING CONSIDER ADOPTION OF NEGATIVE DECLARATION PREPARED FOR WALNUT CREEK DOWNTOWN PARALLEL PROJ ECT <DP 1997) 1. Mr. Dolan, General Manager-Chief Engineer, advised that the matter before the Board is part of the CEQA process. In compliance with the GEM requi rements, District staff has solicited comments and caused the required legal notices to be published. Mr. Dolan introduced Mr. Robert A. Baker, Engineering Department Manager, who provided an overview of the proposed Walnut Creek Downtown Parallel Project. Mr. Kenneth Barker asked how much money was being discussed. President Boneysteele and Member Clausen responded that the action before the Board is not an authorization for the project but a negative declaration. Presi dent Boneysteel e asked if there were any comments regarding environmental aspects? Hearing none, President Boneysteele stated that he would entertain a motion. It was moved by Member Clausen and seconded by Member Dalton, that the initial study be accepted and that Resol ution No. 85-031 adopting a negative declaration for the Walnut Creek Downtown Parallel Project <DP 1997) be adopted. Motion approved on the following roll call vote: AYES: Members: Carlson, Dalton, Clausen, Boneysteele NOES: Members: None ABSENT: Members: Stanley VIII. COLLECTION SYSTEM 1. AUTHORIZE 146 000 FROM SEWER CONSTRUCTION FUNDS TO COMPLETE PHASE I OF THE OUTFALL INSPECTION AND REPAIR ACTIVITY Mr. Dolan, General Manager-Chief Engineer, stated that last fall after Board and staff discussion, it was decided to take the opportunity presented and expanded the Outfall Project to seal additional joints over and above the initial work. This entailed a cost overrun. In addition this position paper requests funds for additional planning and inspection work. Staff recommends authorization of $146,000 in Sewer Construction Funds for completion of Phase I of the Outfall Inspection and Repair Activity. It was moved by Member Carlson and seconded by Member Dalton, that $146,000 from the Sewer Construction Fund be authorized to complete Phase I of the Outfall Inspection and Repair Activity. Mr. Kenneth Barker stated that, again, there is no one monitoring expenditure of public funds. Member Clausen stated that the General Manager-Chief Engineer has kept the Board apprised. The Board was aware that there would be a cost overrun. The above motion was approved on the following roll call vote: AYES: Members: Carlson, Dalton, Clausen, Boneysteele NOES: Members: None ABSENT: Members: Stanley IX. BUDGET AND FINANCE 1. RECEIVE FEBRUARY 1985 FINANCIAL STATEMENTS Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Walter Funasaki, Finance Officer, who highl ighted the February 1985 Financial Statements, a copy of which was received and ordered filed. The year to 03;, r:~21J .':85,' .' f 168 date for the eight months ended February 1985 operating expenses were $1.3 million favorable. Interest rates on District temporary investments range from 8 percent to 12 percent, with the latest investments bearing slightly over 9 percent. Pres i dent Boneysteel e asked Mr. Funasak i if he was conf i dent with the savings and loan investments. Mr. Funasaki replied that all savings and loan investments are collateralized which lends an assurance of security. It was the consensus of the Board that staff convey to the County Treasurer the District's wish to diversify investments. Hearing no objection, President Boneysteele declared that the February 1985 Financial Statements were received. x. PERSONNEL 1. AUTHORIZATION TO HIRE STUDENTS FOR SEASONAL EMPLOYMENT Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Carlson and seconded by Member Clausen, that the hiring of 38 persons for seasonal employment be approved. Motion approved on the following roll call vote: AYES: Members: Carl son, Dalton, Clausen, Boneysteele NOES: Members: None ABSENT: Members: Stanley 2. RECEIVE PERSONNEL BUDGET FOR FISCAL YEAR 1985-1986 Mr. Dolan, General Manager-Chief Engineer requested that due to the level of activity in the Office of the Secretary of the District, a half-time position in that office be considered with Board consideration of the Personnel Budget. This item has been reviewed with the Personnel Committee. Member Carlson stated that he and Member Clausen have met with staff concerning the Personnel Budget requests and would recommend approval of those requests; and further the Personnel Committee would recommend approval of the requested position in the Office of the Secretary of the District. Mr. Dolan advised that no CSO staffing changes are being proposed at this time pending further review by the new CSO Department Manager. Member Cl ausen suggested minor word changes to the text of the Personnel Budget and requested staff to re-eval uate the practice of requesting reclassifications and salary adjustments during the annual Personnel Budget submission. Member Cl ausen stated that the Personnel Committee has reviewed the requests in detail and is prepared to recommend approval of the Personnel Budget. It was the consensus of the Board that the minor word changes and the part-time position in the Office of the Secretary of the District would be incorporated into the Personnel Budget which will be presented for approval at the April 4, 1985 Board Meeting. 3. RECLASSIFY POSITIONS OF. ADMINISTRATIVE DEPARTMENT MANAGER AND ENGINEERING DEPARTMENT MANAGER TO DEPUTY GENERAL MANAGER AND DEPUTY CHIEF ENGINEER AND ADOPT REVISED CLASS DESCRIPTIONS FOR THESE POSITIONS Mr. Dolan, General Manager-Chief Engineer, stated that the proposed reclassifications are part of the evolutionary process of the management staffing of the District. During this same time period the District has revised the class description format. os~; Members Carl son and Cl ausen thoroughly reviewed the proposed , thei ~ apP.gv.a5l. " .' ~i.'. 'Ii' ..t ,'t . ... ... ',: ,~ ., indicated the Personnel Committee has recl assi fications and woul d recommend 169 It was moved by Member Carlson and seconded by Member Clausen, that the Deputy Chief Engineer class description be adopted and Robert Baker be appoi nted to that position; that the Deputy General Manager cl ass description be adopted and that Paul Morsen be appointed to that position; that the class descriptions for Administrative Department Manager and Engineering Department Manager be deleted; and that Resolution Nos. 85-032 and 85-033 be adopted. Motion approved on the following roll call vote: AYES: Members: Carl son, Dalton, Clausen, Boneysteele NOES: Members: None ABSENT: Members: Stanley 4. ADOPT THE CLASS DESCRIPTION . OPERATIONS DEPARTMENT FOR MANAGER, COLLECTION SYSTEM Mr. Dolan, General Manager-Chief Engineer, stated that CSO Department Manager class description has been edited and is now submitted in the format currently in use by the District as recommended in the Andersen Study. Members Carlson and Clausen, on behalf of the Personnel Committee, recommended approval of the CSO Department Manager class description. Mr. Kenneth Barker stated that in his opinion this is an outrage and is completely at odds with any public process of promoting or selecting managers. Mr. Barker made a number of statements critical of the District management and Mr. Larson. Mr. Barker stated he has no real objection to the position paper but would recommend that the CSO Department Manager position be filled on a competitive basis. It was moved by Member Carlson and seconded by Member Clausen, that the class description for the position of Manager, Collection System Operations Department be adopted. Motion approved on the following roll call vote: AYES: Members: Carl son, Dalton, Clausen, Boneysteele NOES: Members: None ABSENT: Members: Stanley and Dalton Members Clausen and Dalton and President Boneysteele indicated that they had personally reviewed the background of the position and feel that Mr. Larson is capable and fully qualified to meet the requirements. XI. MATTERS FROM THE PUBLIC 1. REQUEST FROM MR. KENNETH BARKER DATED MARCH 11, 1985 Mr. Barker addressed the Board rel ative to the appoi ntment of Mr. John Larson to the position of CSO Department Manager and requested that the Board rescind this appointment and fill the position from candidates selected on a competitive basis. With regard to the purpose of the District's public Board meetings, Mr. Barker requested that an advertisement be placed in the Contra Costa Times noti fying the publ ic of the time and pl ace of the meeti ngs; that the agenda be distributed to libraries and post offices throughout the Central Contra Costa Sanitary District service area; and that signs indicating the location of the District be placed on the road. With regard to the purpose of position papers, Mr. Barker stated that some legal language should be contained in the position papers as to the procedure followed for award of contracts. With reference to the purpose of the minutes of the meetings, Mr. Barker suggested that the minutes be held until the following meeting for approval to allow public input. Mr. Barker asked if Mrs. McMillan writes the minutes or if the General Manager-Chief Engineer exercises editorial control. O:t' '2"1 f '8 5" . j 170 Member Clausen indicated that the Board of Directors approves the minutes, so they are the Board's minutes. With regard to Board and staff members' purpose for attending CASA meetings, and review of activities at such meetings, Mr. Barker indicated he has requested and reviewed copies of expense accounts. Mr. Barker stated that the charges are excessive. Mr. Barker questioned the public good that has been derived from CASA meetings. Mr. Barker stated that it is totally wrong for the Board to accept lavish entertainment from Mr. Carni ato for themsel ves, their wives, and staff members. Mr. Barker suggested that the Board not attend CASA meetings in the future. Mr. Barker put the Board on notice that if they did not comply this would not be the end of it. 1. 2. 3. 4. XII. ITEMS LATE FOR THE AGENDA None XIII. REPORTS GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan stated that Board agenda packets are available for public inspection at the District Offices on Tuesday afternoon prior to Board meetings. b. Mr. Fred Dirker, recently retired from the Regional Water Quality Control Board, passed away. c. Mr. Dol an presented a status report of the Aquatic Habitat Institute hearing in Oakland on March 15, 1985. d. Mr. Dolan reported on a meeting with Mr. Sanford Skaggs, representing Acme Fill, on March 13, 1985. After contact with President Boneysteele, Mr. Dolan advised Mr. Skaggs that at least one member of the Board of Directors would request financial and accounting data in support of any proposed rate increase before passing an increase- on to the rate payers of Central San. e. The budget scheduled was distributed to the Board and an adjourned regular meeting of the Board of Directors was scheduled for May 30, 1985 at 7:30 p.m. f. Mr. Dolan reported the results of a completed FEMA Grant covering a portion of the Storm Damage Project. The $138,262 project cost is 99 percent eligible. g. Mr. Raymond Stone has been announced as the new Chairman of the State Water Resources Control Board. Through CASA meetings the Board will have an opportunity to work with Mr. Stone. Mr. Dolan presented a report of the recent meeting with Alameda County Solid Waste Planning JEPA staff. h. COUNSEL FOR THE DISTRICT None SECRETARY OF THE DISTRICT None BOARD ME~ERS a. President Boneysteele reported on the County sponsored bus tour of landfill sites. b. President Boneysteele advised that he accompanied several members of the West Contra Costa Sanitary District Board of Directors on a tour of the CCCSD plant facilities. 03... ,21 f ..85., I"~ 1'/ ~ ."",' ~ " ", . t 171 XIV. MATTERS FROM THE BOARD NOT ON THE AGENDA It was moved by Member Carlson and seconded by Member Dalton, that Resolution No. 85-035 commending Alan L. Stanley for his service to the District be adopted. Motion approved on the following roll call vote: AYES: Members: Carlson, Dalton, Clausen, Boneysteele NOES: Members: None ABSENT: Members: Stanley XV. CLOSED SESSION 1. EXISTING LITIGATION With respect to existing litigation, the closed session is being held pursuant to Government Code Section 54956.9(a). The title of the litigation to be discussed is: a. CCCSD v Contra Costa Water District Contra Costa County Superior Court No. 253195 2. LABOR RELATIONS With respect to labor relations, the closed session is being 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 regardi ng the sal aries, 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 9:48 p.m., President Boneysteele declared the closed session concerning existing litigation and labor relations. At 10:40 p.m., Pres i dent Boneysteel e concl uded the closed sessi on and reconvened the meeting into open session. XVI. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None XVII. ADJ OURNMENT At 10:41 p.m., President Boneysteele adjourned the meeting. COUNTERSIGNED: 08 ! i) 8 g