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HomeMy WebLinkAboutBOARD MINUTES 10-19-89 190 MINUTES OF THE REGULAR BOARD MEETING OF. THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON OCTœER 19, 1989 The District Board of the Central Contra Costa Sanitary District convened i n a regul ar meeti ng at its regul ar place of meeti ng, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 3 p.m. on October 19,1989. President Rainey called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRES EN T: Members: Boneysteele, Dalton, Clausen, Rainey J'B SENT: Members: Ca rl son Member Carlson entered the meeting at the hour of 3:08 p.m. II. PUBLIC COMMENTS None III. SOLID WASTE 1. RECEIVE REPORT AND DEMONSTRATION ON WASTE MANAGEMENT GARBAGE TRANSFER SYSTEM Mr. Roger J. Dolan, General Manager-Chief Engineer, introduced Mr. Jerry Kruszka, of Waste Management, who provided an overview of the automated refuse collection and transfer system for residential and commercial service. Member Carlson entered the meeting at the hour of 3:08 p.m. Mr. Kruszka showed a video and reviewed the schedule and costs for the automated waste management system. Nine front-end loader unjts at $175,000 each, 27 POD units at $15,000 each; two transporters at $140,000 each, and 3,460 95-gallon carts at $75 each are being purchased for a total cost of $2,519,500. Valley Waste Management shoul d be ready to begin service in a trial area by approximately November 15-20,1989. Discussion followed concerning tracking and accountabl1ity for the 95-gallon carts, procedures for handling househol d hazardous waste, the i ssue of zoni ng for the POD stagi ng and cl eani ng areas, i ntegrati on of automated collection and transfer with recycling,. and the question of whether permits would be required. Member Clausen suggested that Mr. Kruszka contact the County Health Officer and other County representatives to address concerns they may have concerning the automated transfer system. There bet ng no further questions or comments, Prest dent Rai ney adjourned the meeting to the plant parking lot for a demonstration of the automated collection and transfer system. At 3:55 p.m., President Rainey reconvened the meeting with all parties present as previously designated. The questi on of permitti ng was di scussed further. Member Carl son expressed his hope that the automated collection and transfer system would result in efficiencies in the use of both equipment and manpower. Mr. Kruszka agreed i ndi cati ng th at the reduction i n manpower woul d be accomplished through attrition. . President Rainey requested that Mr. Kruszka schedule a meeting with District staff as soon as possible to define and confirm the test community and implementation schedule. Mr. Kruszka indicated that he woul d. <lO~19 ~89 191 IV. BIDS AND AWARDS 1. RESCIND THE NOTICE OF AWARD AND REJ ECT QJSTOM CONTROLS AND ELECTRIC COMPANY'S BID, AND AUTHORIZE AWARD OF CONTRACT FOR DISTRICT PROO ECT NO. 10057, LARWIN PUMPING STATION UffiRADE, TO THE SECOND LG'lEST RESPONSIBLE BIDDER, QASSIC ELECTRIC & DATA. Mr. Dolan, General Manager-Chief Engineer, stated that a detailed explanation is contained in the position paper. Custom Controls and El ectri c has not been abl e to meet the contract requi rements and staff recommends th at the Board authorize award of the contract to the second lowest responsible bidder, Classic Electric & Data. Member Carlson questioned the procedure that .bid bonds are not normally required for projects of less than $100,000, stating that bonding companies provide bid bonds at no cost as a service to those who have prequalif led for performance bonds. Mr. Dol an i ndi cated he woul d discuss the matter with staff and report back to the Board. Following discussion, it was moved by Member Carlson and seconded by Member Clausen, that a breach of contract and forfeiture on the part of Custom Control sand El ectric Company was decl ared and award of contract for District Project No. 10057, Larwin Pumping Station Upgrade, was authorized to Classic Electric & Data, the second lowest responsible bidder in the amount of $67,500. There being no objection, the motion was unanimously approved. V. CONSENT CALENDAR It was moved by Member Dalton and seconded by Member Carlson, that the Consent Calendar, consisting of six items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resolution No. 89-179 accepting an easement at no cost to the District from Equiphll Investments,' Walnut Creek area (Job 4704 - Parcell) was adopted and recording authorized. Motion unanimously approved on the following vote: A YES: Members: Dalton, Carlson, Boneysteele, Clausen,. Rainey NOES: Members: None ,ABSENT: Members: None 2. Resolution No. 89-180 accepting an easement at no cost to the Di stri ct from T. L. Wheel er, et al, Wal nut Creek area (Job 4647 - Parcell) was adopted and recording authorized. AYES: Members: Dalton, Carlson, Boneysteele, Cl ausen, Rainey NOES: Members: None ,AB SENT: Members: None 3. Resolution No. 89-181 accepting an easement at no cost to the District from T. L. Wheeler, et al, Walnut Creek .area (Job 4647 - Parcel 2) was adopted and recording authorized. AYES: Members: Dalton, Carlson, Boneysteele, Cl ausen, Rainey NOES: Members: None ,AB SENT: Members: None 4. Quitclaim Deed to Marriott Corporation, Jobs 4630 and 3148, was approved, the President of the District Board of Directors and the Secretary of the Di stri ct were authorized to execute and record said Quitclaim Deed, and Resolution No. 89-182 was adopted to that effect. 10', 19 ' 89 ,. 192 AYES: Members: Dalton, Carl son, Boneysteele, Cl ausen, Rainey NOES: Members: None JIB SENT: Members: None 5. Quitclaim Deed to Andrew M. Kwiecien, et ux, Job 4057, was approved, the President of the District Board of Directors and the Secretary of the Di stri ct were authorized to execute and record sat d Quitcl aim Deed, and Resol uti on No. 89-183 was adopted to that effect. AYES: Members: Dalton, Carl son, Boney steel e, Cl ausen, Rainey NOES: Members: None ,AB SENT: Members: None 6. Attendance of Lynne Bunker, Associ ate Engi neer, at the Ash Utilization and Stabilization Conference in Arlington, Virginia on November 8-9,1989, was approved. AYES: NOES: Members: Dalton, Carlson, Boneysteele, Clausen, Rainey Members: None ,ABSENT: Members: None CALL FOR REQUESTS TO CONSIDER ITEMS OJT OF ORDER President Rainey stated that she has a conflict later in the evening and must leave the meeting early. President Rainey requested that Item XI, Emergency Situations Requi ri ng Board Action, be taken out of order at this time. XI. EMERGENCY SITUATIONS REQUIRING BOARD ACTION Mr. Dolan, General Manager-Chief Engineer, stated that two dresser couplings on a 20" pipeline at the Maltby Pumping Station failed during the October 17, 1989 earthquake. Mr. Dol an drew a di agram of the location showing the District ponds, the Maltby Pumping Station, and the IT levee. Mr. John Larson and a Collection System Operations crew, with the help of Dalzell Corporation, a construction contractor, have used a backhoe to. reach the pi pee The bol ts of the dresser coupli ngs had corroded. In order to work on the line, it is necessary to pump through a bypass to mat ntai n service to the City of Marti nez. An emergency situation exists. For that reason, Mr. Dolan requested Board authority for exception to the District standard bidding procedure to allow work to proceed to correct this situation. Mr. Kenton .L. Alm, Counsel for the District, stated that the provisions of the Brown Act require that a majority vote of the Board determi ni ng th at an emergency exi sts i s req ui red for consi derati on of this matter. It was moved by Member Clausen and seconded by Member Carlson, that in accordance with Government Code Section 54954.2(b)(l), the Board of Directors of the Central Contra Costa Sanitary District determines that an emergency situation exists, as defined in Section 54956.5 of the Government Code. There being no objection, the motion was unanimously approved. Foll ow i ng a bri ef di scussi on, it was moved by Member. Carl son and seconded by Member Clausen, that in accordance with Public Contract Code Section 20806, the Board of Di rectors finds that the ci rcumstances are sufficient for the Board to make the legislative finding that in order to avoid public calamity and to protect the public health and safety, exception to the'District standard bidding procedure is authorized for completion of the work necessary to correct the situation at the Maltby Pumping Station. There being no objection, the motion was unanimously approved. 10 19' 89'~ 193 At this time, President Rainey reverted to the order of the agenda. VI. ENGINEERING 1. REQUIRE A DEQARATION OF RESTRICTIONS FOR LOCAL IMPROVEMENT DISTRICT 57, DISTRICT PRW ECT 4650 Member Clausen disqualified himself, stating that he represents Mr. Sullivan, one of the property owners, on another matter. Member ~ausen excused himself and did not participate in this matter. Mr. Dol an, General Manager-Chief Engi neer, stated that potenti al problems with soil instability have been noted in the Brown Avenue area. For th at reason, after careful consi deration and rev i ew of many options, staff woul d propose that a public sewer be built but that the property owners be required to execute a Declaration of Restrictions which will be recorded and will become an encumbrance on the lands for future property owners. This would limit the District's long-term liability but would allow the project to go forward. Discussion followed with regard to indemnity and the cost of defense, active negligence, the geotechnical consultants, and alternatives available to the property owners. It was moved by Member Carlson and seconded by Member Dalton, that the seven property owners in Local Improvement District 57 be required to sign a Declaration of Restrictions as a condition of forming the Local Improvement District and that the District concurs with continuing the formation of Local Improvement District 57. Motion approved on the following vote: AYES: Members: Carl son, Dalton, Boneysteele, Rainey NOES: Members: None ,ABSENT: Members: None ,AB STAIN: Members: Cl ausen 2. .AJJTHORIZE THE GENERAL MANPGER~CHIEF ENGINEER TO :EXEQJTE AN AMENIJ.1ENT WITH J O~ CAROLLO ENGINEERS~IGN OF THE 1680/ SR24 , SEWER R OCATIONS PHASE 2.. . Mr. Dolan, General Manager-Chief Engineer, stated that to accommodate construction of the 1680/SR24 Interchange Expansion, Caltrans has requested the District to relocate a number of its sewers. Caltrans has indicated that they will compensate the District for all costs attributable to the 1680/SR24 Interchange Expansion on a monthly basis. Member Clausen cautioned that the District not move forward until we are absol utely assured by Cal trans that we will be reimbursed for the work. Discussion followed concerning potential changes in Caltrans priorities due to damage suffered in the recent earthquake. Staff was advised to keep communication channels open with Caltrans, to keep them apprised of our expenditures related to this project, and to secure written acknowledgment of those expenditures from Caltrans on an ongoing basis if possible. It was moved by Member Carl son and seconded by Member Boneysteel e, that the General Manager-Chief Engineer be authorized to execute a cost reimbursement contract amendment for the amount of $134,845 with , John Carollo Engineers to complete the design of Phase 2 of the I680/ SR24 Sewer Rel ocati ons Proj ect, Di stri ct Proj ect 4654. There bet ng no objection, the motion was unanimously approved. VII. CORRESPONDENCE 1. RECEIVE LETTER FROM MR. JOHN F. PRENTICE, ATTORNEY FOR Rœ RAMSAY, CONCERNING BOARD APPROVAL OF THE ARBITRATOR'S RECOMMENDATION: CONSIDER ACTION TO BE TAKEN Ms. Joyce E. McMillan, Secretary of the 'District, stated that both Mr. Ramsay and Mr. Prentice have requested that consideration of this '10 '1;9 \ 8~9 194 matter be continued to the next Board meeting due to complications resulting from the October 17,1989 earthquake. It was the consensus of the Board that consideration of the letter from Mr. John F. Prentice, attorney for Rob Ramsay, concerning Board approval of the arbitrator's recommendation be continued to November 1, 1989. 2. RECEIVE LETTER FROM MR. STEPHEN A. MINTON, JR. CONCERNING THE ADV ANTPGES OF INCINERATION AS AN AL TERNATIV E TO LANDFILL DISPOSAL The Board acknowledged recei pt of the 1 etter from Mr. Stephen A~ Minton, Jr. concerning the advantages of incineration as an alternative to landfill disposal and requested that copies of the Wegman-Carollo report on incineration and the 1985 landfill siting study be sent to Mr. Minton. In addition, Mr. Dolan will contact Mr. Minton to tell him of the District's consideration and findings with regard to i nci nerati on. 3. RECEIVE COpy OF LETTER TO PLEASANT HILL BAYSHORE .DISPOSAL FROM MR. MARK MERILLAT, PRESIDENT'OFTH~ ClYDE C~ ASSOC+ATION, INC., CONCERNING FUTURE'PAYMENTS FOR RECYCLED 'GOODS .. Receipt of the copy of the letter to Pleasant Hill Bayshore Disposal from Mr. Mark Merillat, President of the Clyde Civic Improvement Association, Inc., concerning future payments for recycled goods, was acknow 1 edged. VIII. APPRCN AL OF MINUTES 1. MINUTES OF OCrcBER 5, 1989 It was moved by Member Dalton and seconded by Member Clausen, that the minutes of October 5,1989, be approved as presented. There being no obj ecti on, the motion was unanimously approved. IX. APPROV AL OF EXPENDITURES 1. EXPENDITURE LIST DATED OCTOBER 19,1989 Member Dalton, member of the Budget and Finance Committee, stated that he and Member Clausen reviewed the expenditures and found them to be satisfactory. It was moved by Member Dal ton and seconded by Member Cl ausen, that the Expenditure List dated October 19, 1989, incl udi ng Sel f-Insurance Check Nos. 100395-100399, Runni ng Expense Check Nos. 48960-49256, and Sewer Construction Check Nos. 753 9-7613, be approved as recommended. Following a brief discussion, the motion was unanimously approved. X. BUOOET AND FINANCE 1. RECEIVE THE PJ.JDITED FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED JUNE 30, 1989 Mr. Walter Funasaki, Finance Officer, stated that the audited financial statements for the year ended June 30, 1989, and the related management letter and letter report on the District's temporary investments and purchasing transactions, have been provided to the Board; comments were received and, for the most part, reflected in the documents now before the Board. Staff would be happy to answer any questions the Board may have. There bet ng no further comments, Prest dent Rai ney noted that the audited financial statements, auditor's opinion, related management 1 etter, and 1 etter report for the fiscal year ended June 30, 1989, were duly received. . 2. RECEIVE THE ANNUAL STATEMENT OF INVESTMENT POLICY, Mr. Dolan, General Manager-Chief Engineer, stated that the Statement of Investment Policy has been provided to the Board. This statement is ;' 1 O. . .1; .. 9 (8;;9 :; '..'. ~,;:' ':.", 195 reviewed on an annual basis and was revised by the Board approximately one year ago. No changes are recommended by staff at this time. Member Cl ausen questioned whether the Di stri ct' s temporary investments are held by brokers in the name of Contra Costa County or in the name of Central Contra Costa Sanitary District with the County as dealer. Mr. Funasaki stated they are held in the name of the County since the County handles investments for the District. The auditors made an on-site inspection of the County records this year to ensure that District ownership was reflected in the County records. Member Clausen expressed concern with regard to the legal ownership of the investments and whether the District's investments may be available to creditors of the County. Member Clausen's concern was shared by the Board. Mr. Funasaki will check into this matter and report back to the Board. At 5:16 p.m., President Rainey turned the meeting over to Prest dent Pro Tem Boneysteel e and 1 eft the meeti ng. Prest dent Rai ney had indicated previously that she would have to leave the meeting and had requested to be excused. Prest dent Pro Tem Boneysteel e proceeded with the business at hand. . Member Clausen, Member of the Budget and Finance Committee, recommended approval of the Annual Statement of. Investment Policy. It was moved by member Cl ausen and seconded by Member Dal ton, that the annual rendering of the District's Investment Policy be received in compliance with Government Code Section 53646. There being no objection, the motion was approved with Member Rainey being absent. 3. RECEIVE SEPTErvl3ER 1989 FINANCIAL STATEMENTS Mr. Walter Funasaki, Finance Officer, reviewed the results of Operations and Maintenance expenses for the month of September 1989, noting that expenses were $98,000 less than budget, representing a 4.8 percent favorabl e vari ance. Year-to-date expenses were $394,000 less than budget, representing a 6.6 percent favorable variance. Mr. Funasaki presented the Operations and Maintenance revenue report for the month of September 1989, reporting that revenues were $197,000 less than budget. For. the three months ended September 30, 1989, revenues were $263,000 less than budget, representing a 17.4 percent unfavorable variance. The District's temporary investments were held in United States Treasury bl1ls and notes and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 8.10 percent to 9.75 percent. The latest interest rate at September 30, 1989, was 8.60 percent. The average yield for the LAIF account through September 30,1989, was 8.801 percent. . It was moved by Member Carl son and seconded by Member Dal ton, that the September 1989 financial statements be received. There being no objection, the motion was approved with Member Rainey being absent. Mr. Dolan introduced Mr. Henry Thom, Associate Engineer, who reported the status of the Martinez Early Start Project, District Project 4429. The project to replace and upgrade portions of the system in Martinez is ahead of schedule. The work is 90 percent complete while only 75 percent of the time has el apsed. Mr. Thom showed slides of the construction. President Pro Tern Boneysteele thanked Mr. Thom for his report. XI. EMERGENCY SITUATIONS REQUIRING BOARD ACTION This item was taken out of order earlier in the agenda. XII. REPORTS 1. GENERAL MAN,4GER-CHIEF ENGINEER a. Mr. Dol an, General Manager-Chief Engi neer, reported that the Di stri ct' sengi neers and consul tants have been worki ng on the needed process improvements for the Reclamation Project. Contra Costa Water District representatives have met with the industries. The industries 10 1.9. 6:.9 196 are cooperati ng; however, they are not enthusi asti c about the proj ect. The Water District has indicated they believe their costs will be higher than originally forecast. Our staff has analyzed the Water District cost i ncrease but we do not understand the new cost figures. We have requested that th~ review their figures and provide additional information. b. Mr. Dol an provided a status report of the treatment pl ant and pumping stations following the October 17,1989 earthquake, reporting on the seismic work done in previous years to strengthen the facil ities. Although this was not the "acid test," the facilities withstood the earthquake. Mr. James Kelly, Planning Division Manager, reported that he contacted other treatment pl ants to see how thei r faciliti es fared. Mr. Kelly briefly summarized damage suffered at other treatment plants. c. Mr. Dolan announced that Ms. Harriette Heibel, Publ ic , Information Coordinator, was recognized as Central Contra Costa Sanitary District Employee of the Year in celebration of National Business Women's Week. Mr. Dolan stated that we are all proud of Harriette for receiving this recognition for a very productive year. ' d. Mr. Dol an announced that ei ght citi es have approved the County Solid Waste Management Plan. Approval by one more city and approximately 100,000 additional population is needed. e. Mr. Dol an announced that a letter was received from the Department of Heal th and Human Services of the Soci al Security Administration commending Ms. Anne McLaurin, Maintenance Crew Member I, for her parti ci pati on i n that agency's Combi ned Federal Campaign Ki ck Off. We are very proud of Anne and her efforts in the community. 2. COUNSEL FOR THE DISTRICT a. Mr. Kenton L. Alm, Counsel for the District, reported on the recent Association of Metropolitan Sewerage Agencies (AMSA) Legislative Affairs Meeting in San Francisco. The meeting focused on AMSA's challenge of the toxic standards being applied by EPA and discussion of the EPA pretreatment enforcement initiative. Mr. Alm indicated that he would plan to attend one or more AMSA m~etings each year when they are hel d locally. 3. SEffiETARY OF THE DISTRICT a. The Board di scussed rescheduli ng the January 25, 1990 Board Meeting because of the potential conflict with the local Speci al , Districts Meeting but decided that it was not necessary to reschedule the Board Meeting. b. Ms. McMillan, Secretary of the District, distributed the new treatment pl ant tour brochure. The brochure was published by the Administrative Department. The Board commended Paul Morsen, Harri ette Hei bel, Son Nguyen, Ken Grubbs, and Gretchen Anastasi-Rowl and for their efforts in producing an excellent brochure. 4. BOARD MEMBERS None XIII. ANNOONCEMENTS Member Clausen requested that the question of whether the District will support one or more solid waste disposal sites be calendared for Board consideration at a future meeting. XIV. CLOSED SESSION None Xv. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None 10 1'0 go 197 XVI. ADJ aJRNMENT There being no further business to come before the Board, President Pro Tem Boney steel e adj ourned the meeti ng at the hour of 6: 17 p.m. to reconvene at 3 p.m. on Wednesday, November 1, 1989, for an Adjourned Regular Meeting. COUNTERSIGNED: 1 ø~ .:~..~ 19 ~::8 9 1.