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HomeMy WebLinkAboutBOARD MINUTES 03-19-87 36 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MARCH 19,1987 The Di strict Board of the Central Contra Costa Sanitary Di strict convened in a regul ar meeti ng at its regul ar pl ace of meeti ng, SO19 Imhoff Place, Martinez, County of Contra Costa, State of Cal ifornia, at 7:30 p.m., on March 19,1987. President Clausen called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: ABSENT: Members: Boneysteele, Dalton, McNulty, Carlson, Clausen Members: None II. PUBLIC COMMENTS None III. APPROVAL OF MINUTES 1. MINUTES OF MARCH S, 1987 Member Boney steel e proposed that the fi rst two pa ragraphs of Item IX., SOLID WASTE, be amended as follows: "Mr. Dol an, General Manager-Chief Engi neer, stated that during the rate setting process last year the City of Orinda expressed interest in impl ementi ng a reduced seni or citizen rate for seni or citizens with limited incomes. Orinda-Moraga Disposal Service, Inc. has now requested approval to implement such a reduced senior citizens rate for refuse collection in the Orinda and Moraga service areas. Staff has contacted the Town of Moraga and the City of Ori nda to determi ne if support for this program still exists. Mr. Dolan distributed a letter dated March S, 1987 from Mr. Gary C. Chase, Moraga Town Manager, advising that after due deliberation the Moraga Town Council was unable to support the proposal. In a letter dated February 26, 1987, Mr. Tom Sincl air, Orinda City Manager, stated that a committee of two Councilmembers expressed interest in the concept of a reduced senior citizen rate but the matter has not been presented to t~e full Council. Following discussion, there was a consensus of the Board that a stronger, more definitive recommendation must be received from the Orinda City Council before this Board can take action. President Clausen questioned the legal ity, indicating that he knows of no authority for this Board to order the collector to charge a higher rate for some people than for others." It was moved by Member Boneysteele and seconded by Member Dalton, that the minutes of March 5, 1987, be approved with the above amendment to Item IX., Sol i d Waste. There bei ng no obj ecti on, the motion was unanimously approved. IV. CONSENT CALENDAR It was moved by Member Carlson and seconded by Member McNulty, that the Consent Calendar, consisting of eight items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. ' 1. Resolution No. 87-046 accepting an easement at no cost to the District from ALTA JUNGE, Orinda area (Job 4029 - Parcel 3) was adopted and recording authorized. ' Motion unanimously approved on the following vote: 03 19 87, , .. " 37 AYES: Members: Carl son, McNulty, Boneysteele, Dalton, Clausen NOES: Members: None ABSENT: Members: None 2. Resolution No. 87-047 accepting an easement at no cost to the District from BLACKHAWK CORPORATION, San Ramon area (Job 4122 - Parcel 3E) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Carl son, McNulty, Boneysteele, Dalton, Clausen NOES: Members: None ABSENT: Members: None 3. Resolution No. 87-048 accepting an easement at no cost to the District from K. P. CLAPP, Walnut Creek area (Job 4076 - Parcel 1 (ptn» was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Ca rl son, McNulty, Boneysteele, Dalton, Cl ausen NOES: Members: None ABSENT: Members: None 4. Resolution No. 87-049 accepting an easement at no cost to the District from D. F. HOFFMAN, et ux, Walnut Creek area (Job 4076 - Parcell (ptn» was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Carl son, McNulty, Boneysteele, Dalton, Clausen NOES: Members: None ABSENT: Members: None s. Authorization was given for P.A. 87-7 (Danville) and P.A. 87-8 (Alamo) to be included in a future formal annexation to the Di stri ct. Motion unanimously approved on the following vote: AYES: Members: Carlson, McNulty, Boneysteele, Dalton, Clausen NOES: Members: None AB SENT: Members: None 6. Quitclaim Deed to Alta Junge, Job No. IS64, was approved; the President of the District Board of Directors and the Secretary of the District were authorized to execute said Quitclaim Deed, the recording of the Quitclaim Deed was authorized; and Resolution No. 87-050 was adopted. Motion unanimously approved on the following vote: AYES: Members: Carl son, McNulty, Boneysteele, Dalton, Cl ausen NOES: Members: None ABSENT: Members: None 7. An extended three month medical leave of absence was authorized for Michael Parkinson, Maintenance Crew Leader, effective March 7, 1987. Motion unanimously approved on the following vote: 03 19 87 38 AYES: Members: Carlson, McNulty, Boneysteele, Dalton, Clausen NOES: Members: None ABSENT: Members: None 8. Purchase and installation of the supplemental cabinet and circuit paks on the telephone system was authorized and $6,000 was authorized from the Sewer Construction Fund. Motion unanimously' approved on the following vote: AYES: Members: Carlson, McNulty, Boneysteele, Dalton, Clausen NOES: Members: None ABSENT: Members: None CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None V. ENGINEERING 1. AUTHORIZE THE GENERAL MANPßER-CHIEF ENGINEER TO EXEClITE AN AMENDMENT TO A JOINT EXERCISE OF POWERS AGREEMENT WITH THE TOlIN OF DANVILLE FOR THE INSTALLATION OF SANITARY SEWERS IN ASSESSMENT DISTRICT 1985-1 AUTHORIZE $lS0,000 FROM THE SEWER CONSTRUCTION FUND FOR CONSTRUCTION OF A PORTION OF THE SAN RAt«>N VALLEY TRUNK SEWER UNDER THE TOWN OF DANVILLE ASSESSMENT DISTRICT 1985-1 2. Mr. Roger J. Dolan, General Manager-Chief Engineer, advised the Board that the first position paper provides for installation of a length of pipe crossing Sycamore Valley Road as part of the Sycamore Valley Assessment District 1985-1 road widening and reconstruction project. Combining the sewer and road improvements will result in a cost savings to the District by eliminating the need to bore under Sycamore Valley Road. The second position paper requests funding for construction. It was moved by Member Dalton and seconded by Member Carlson, that the General Manage~Chief Engineer be authorized to execute an amendment to the Joint Exercise of Powers Agreement with the Town of Danville and that $lSO,OOO be authorized from Sewer Construction Funds for construction of a portion of the San Ramon Valley trunk sewer in conjunction with the Town of Danville Assessment District 1985-1. Motion unanimously approved on the following roll call vote: AYES: Members: Dalton, Carlson, Boneysteele. McNulty, Clausen NOES: Members: None ABSENT: Membe rs: None 3. AUTHORIZE AN ADDITIONAL $18,400 FROM THE SEWER CONSTRUCTION FUND FOR DESIGN OF IMPROVEfvENTS TO THE CONCORD, INDUSTRIAL AND BATES AVENUE PUMP STATIONS (DISTRICT PROJECT NO.4091) Mr. Dolan, General Manager-Chief Engineer, presented the staff req uest for addi ti ona 1 funds to cover the increased des i gn req u i rements for the variable speed controllers in the Concord Industrial pump station and the additional effort requi red for electrical modifications in the Bates Avenue pump station. These design improvements wil 1 result in a reduction in the overall project cost. It was moved by Member Carlson and seconded by Member Dalton, that $18,400 be authorized from the Sewer Construction Fund for the increased cost of additional design efforts by District forces on District Project 4091, Improvements to the Concord Industrial and Bates Avenue Pump Stations. Motion unanimously approved on the following roll call vote: AYES: NOES: Members: Carlson, Dalton, Boneysteele, McNulty, Clausen Members: None '03 19 87 , " ABSENT: Membe rs f None '. ,,' 39 4. CONSIDER APPEAL PREQUALIFICATION BY BIRD MAOiINE COMPANY REGARDING CENTRIFUGE MembeT Boneysteele reported that he is the owner of stock in Penwalt Company, the parent company of Sharpl es Penwal t. It was noted for the minutes that Member Boneysteele disqualified himself from any consideration of this matter. Mr. Dolan, General Manager-Chief Engineer, introduced Mr. David R. Williams, Engineering Division Manager, who stressed the importance of the prequalification process for the centrifuges due to significant di fferences which exi st among the equi pment manufactured by various suppliers. Mr. Wil 1 iams reviewed the technical and cost concerns on centrifuge speci ficati ons, the use of prequal ificati on, and the prequalification process used in' this case. Of the four submittals received, two were prequalified and two were not. Mr. James L. Hazard, Counsel for the District, advised that the issues raised by Bird Machine Company are issues of fact not issues of law. The appeal essentially raised two issues: 1) Was there inherent in the prequalification process a built-in prejudgment against Bird Machine Company that deprived it of objective consideration? 2) Has Bird Machine Company provided objective data demonstrating that Bird Machine Company should receive a minimum passing score in each of the following critical categories: 0 0 0 General experience Backdrive-electronic controller Operation interface with existing controllers programmable 1 ogi c Mr. Steve Meyers, Municipal Marketing Manager for Bird Machine Company, addressed the Board appealing the staff decision to disqualify Bird Machine Company from bidding on the centrifuge project. Mr. Meyers stated that prequal ificati on generally may be sensi bl e and val uabl e in that the District process was well conceived. However, he contended that the publ ic would benefit from the presence of three bidders and the application of the prequalification process had some flaws. He specifically contended: (1) the weightings were subjective and arbitrary; (2) suppl iers were not informed of relative weightings of criteria in advance; and (3) communications ceased after the prequal ificati on 'packages were submitted. He also speci fically addressed the categories of prequalification ratings outlined by District Counsel. He argued that Bird's experience, both general and with raw sludge, was excellent and that Bird was able to supply both an appropriate backdrive controller, as well as a satisfactory programmable logic controller for the District's needs. Questions were then asked of staff by Mr. Dolan concerning specific issues raised by Mr. Meyers. Mr. Michalczyk, Mr. Williams, and Mr. Jamel Demir, of John Carollo Engineers, responded to the questions presented. Mr. Michalczyk and Mr. Demir then made presentations specifically addressing their comments to the reasoning for the scores in the critical categories which had been questioned by Mr. Meyers. A technical explanation was given for the scores assigned and the importance of those categories as they relate to the specific application necessary for this Di strict proj ect. Subsequent to the presentations by staff and Mr. Demir, Mr. Meyers was given an opportunity to rebut or respond to the previous comments. Subsequent to the presentations, discussion followed by Board Members, wherei n Member Carlson, Member McNul ty, and President Cl ausen parti ci pated. It was moved by Member Dalton and seconded by Member Carlson, that the appeal by the Bird Machine Company be rejected and that the District staff's determination that Bird Machine Company is not prequalified to 03 ,~':";,19,. 87" 40 furnish dewatering equipment for the Dewatering System Improvements Project be affirmed. Motion approved on the following roll call vote: AYES: Members: Dalton, Carlson, McNulty, Clausen NOES: Members: None ABSENT: Members: None ABSTAIN: Members: Boney stee 1 e President Clausen declared a recess at the hour of 9:2S p.m., reconvening at the hour of 9:3S p.m., with all parties present as designated heretofore. VI. APPROVAL OF EXPENDITURES 1. EXPENDITURE LIST DATED MARCH 19,1987 Member McNulty, member of the Budget and Finance Committee, stated that she and Member Dalton have reviewed the expenditures and found them to be satisfactory. It was moved by Member McNul ty and seconded by Member Dal ton, that the Expenditure Li st dated March 19, 1987, i ncl ud1 ng Sel f Insurance Warrant Nos. 100082-100083, Running Expense Warrant Nos. 31090-3138S, and Sewer Construction Warrant Nos. 4364-4397, be approved as recommended. There being no objection, the motion was unanimously approved. VII. BUDGET AND FINANCE 1. RECEIVE FEBRUARY 1987 FINANCIAL STATEMENTS Mr. Walter N. Funasaki, Finance Officer, summarized the results of operati ons and mai ntenance for the month of February 1987, noti ng that expenditures were $104,000 less than budget, representing a 6.8 percent favorable variance. Year-to-date expenditures were $734,000 less than budget for a S.7 percent favorable variance. The District's temporary investments were held in a Federal National Mortgage Association note, collateralized certi ficates of deposit, bankers' acceptances, and the Di strict Local Agency Investment Fund (LAIF) account. Interest rates ranged from 7.39 percent to 5.69 percent, with the latest rate being 6.2 percent. The average yiel d for the 'LAIF account through February 1987 was 7.16 percent. Mr. Jay S. McCoy, Construction Division Manager, reported on capital proj ects under constructi on rev i ew i ng Proj ect 4168, Watershed 3S South Sewers Proj ect, Proj ect 20013, Concord Meters, and Proj ect 20047 Springbrook Remodel. Mr. McCoy reported that the District is currently adverti si ng for two proj ects: proj ect 20042, Wet Weather Hydraul i c Capaci ty Improvements, and proj ect 42-24, San Ramon Valley Trunk Sewer (La rge proj ect) . At the concl usion of the reports, President Cl ausen decl ared that the February 1987 Financial Statements were duly received. VIII. REAL PROPERTY 1. AUTHORIZE AGREEMENT TO EXCHANGE REAL PROPERTY <ORINDA CROSSROADS) FOR AN EASEMENT AND $6S,000 BElWEEN THE DISTRICT AND WALLACE-OLSON ASSOCIATES It was noted for the record, that due to a potenti al confl ict of interest, Member McNulty refrained from participating on this matter. It was moved by Member Dalton and seconded by Member Carlson, that the exchange of Parcel 273-010-002 <Orinda Crossroad) to Wallace-Olson Associ ates for an easement and $6S,000 be authorized, that the Deputy General Manager be authorized to execute the Agreement and the necessary documents, and that Resolution No. 87-0S1 be adopted. Motion approved on the following roll call vote: 03 .19 81 41 AYES: Membe rs: Dalton, Carlson, Boneysteele, Clausen NOES: Members: None .ABSENT: Members: None ABSTAIN: Members: McNulty IX. LEGAL/LITIGATION 1. DENY CLAIM FROM WALTER AND ELIZABETH PRICE CONCERNING PROPERTY AT 40 LOS ALTOS ROAD, ORINDA Mr. Hazard, Counsel for the District, requested that the Board defer action on this item pending discussion in closed session. Hearing no objection, President Clausen proceeded with the order of the agenda. X. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None X1. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dol an, General Manager-Chief Engi neer, stated that he had prepared a summary of the Clean Water Act Amendments of 1987. Due to the lateness of the hour, Mr. Dolan indicated that he would calendar this report for a future Board meeting. b. Mr. Dolan introduced Mr. John A. Larson, CSO Department Manager, who reported on the February 13, 1987 sewage overflow in the Sleepy Hollow area of Orinda. Mr. Larson reported that CSO is embarking on a pilot program of preventative maintenance. This line is now on the preventative maintenance schedule. , c. Mr. Dolan introduced Mr. James M. Kelly, Planning Division Manager, who provided a report of Local Agency Formation Commission (LAFCo) consideration of the Dubl in San Ramon Services District/Central Contra Costa Sanitary District sphere of infl uence. Fol lowing presentation~ by District and Tri-Valley Wastewater Authority (TWA) representatives, LAFCo determined that this issue would be held until the County General Plan is completed. Member McNulty stated that LAFCo must make sphere of influence decisions based on growth projections and none are currently available for this area except those made by Central Contra Costa Sanitary District staff. LAFCo felt it was best to wait until the County General Plan is complete. In addition, there is no water available in that area at this time. d. Mr. Dolan reported that Mr. Charles Batts, Plant Operations Department Manager, is managing the contract negotiations with Getty Gas. Mr. James Kelly is working on the related condensate issues. This matter will be coming to the Board for consideration in the near future. e. Mr. Dolan reported on soil stability issues in the vicinity of the Di strict outfall rel ated to Acme Fi,l 1. f. Mr. Dolan announced that there was a problem with furnace operation earlier this week. In the process of changing from one furnace to the other, the sl udge was too wet. Duri ng that time a substanti al amount of heat was applied and a clinker formation formed and plugged the furnace ports. The furnace was taken down and sludge is currently being hauled to Acme Fill. g. Mr. Dol an announced that he will be out of town from March 20 through March 27,1987 attending a meeting in Washington D.C. During his absence from the District, Mr. Paul Morsen will be designated Acting General Manager. 2. COUNSEL FOR THE DISTRICT None 03 ,)9,..87. 42 3. SECRETARY OF THE DISTRICT None 4. BOARD MEMBERS a. Member Dalton directed the Board's attention to the summary of the County Board of Supervisors' Internal Operations Committee meeting at which financial oversight of special district expenditures by the County Auditor-Controller's Office was discussed. A draft letter to the Board of Supervisors was presented for the Board's consideration. It was moved by Member Dalton and seconded by Member McNulty, that the draft letter to the Board of Supervisors dated March 20, 1987, be approved and that the President of the Board of Directors be authorized to execute said letter. There being no objection, the motion was unanimously approved. b. Meplber Dalton reported on the March 18, 1987 Sol id Waste Commission meeting at which closure plans for Acme Fill and the GBF/Garaventa landfills in Antioch were discussed. Mr. Dolan reported that a franch i se rate rev i ew workshop is bei ng formed to adv i se citi es who may wish to assume franchising authority. XII. ANNOUNCEMENTS None XIII. CLOSED SESSION Pursuant to Government Code Section S49S6.9(b), a point has been reached where in the opinion of the Board of Di rectors of the Central Contra Costa Sanitary Di strict on the advice of its Counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the District. At 10:43 p.m., President Clausen declared the closed session to discuss litigation pursuant to Government Code Section S49S6.9(b). At ,11:06 p.m., President Clausen concluded the closed session and reconvened the meeting into open session. XIV. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION At this time, Item IX., Legal/Litigation, was considered. IX. LEGAL/LITIGATION 1. DENY QAIM FROM WALTER AND ELIZABEll-I PRICE CONCERNING PROPERTY AT 40 LOS ALTOS ROAD, ORINDA ' It was moved by Member Dalton and seconded by Member Carlson, that the cl aim from Walter and El izabeth Price allegi ng that District staff actions caused additional costs for their sewer connection to the District be denied and referred to staff for further action as necessary. Motion unanimously approved on the following roll call vote: AYES: Members: Dalton, Carlson, Boneysteele, McNulty, Cl ausen NOES: Members: None ABSENT: Members: None 03 ">19~ 87:" xv. ADJ OURNMENT There being no further business to come before the Board, President Clausen adjourned the meeting at the hour of 11:07 p.m. ,..,,-'-' ,.--' COUNTERSIGNED: 03 19 43 87