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.
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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.
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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.
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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
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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
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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
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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
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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:
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