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HomeMy WebLinkAboutBOARD MINUTES 05-03-90 81 ./ MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MAY 3, 1990 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 5019 Imhoff Place, County of Contra Costa, State of California, at 3 p.m. on May 3, 1990. President Carlson called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Boneysteele, Clausen, Carlson ABSENT: Members: Dalton, Rainey Members Dalton and Rainey had previously indicated that they would be unable to attend this meeting and had requested that they be excused. 2. PUBLIC COMMENTS Mr. Ken Little, attorney for Pleasant Hill Bayshore Disposal, stated that he just received a copy of the certified letter in which the District alleges breaches of the franchise agreement provisions by Pleasant Hill Bayshore Disposal. Mr. Little stated that the company does not believe they have breached the franchise agreement. The allegations are being reviewed and the company will report back to the District. 3. BIDS AND AWARDS a. CONSIDER RELIEF OF BID REOUEST FROM' FEE CONSTRUCTION. INC.. AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO MANUAL C. JARDIM. AUTHORIZE EXECUTION OF AN AGREEMENT WITH JAMES M. MONTGOMERY ENGINEERS. AND AUTHOR I ZE EXECUTION OF AN AGREEMENT WITH THOMAS ANDERSON AND ASSOCIATES FOR THE MARTINEZ SEWER REHABILITATION SUBBASIN 5L PROJECT. DISTRICT PROJECT 4611 Mr. Roger J. Dolan, General Manager-Chief Engineer, reviewed the range of bids received for the Martinez Sewer Rehabilitation Subbasin 5L project. The apparent low bidder, Fee Construction Inc., has requested that they be relieved of the bid because of a clerical error in preparation of the bid. Staff has reviewed this matter and believes that California law provides for relief of bid in the event of a clerical or arithmetic error in preparing the bid proposal. If the Board concurs, staff would recommend that award be authorized to the second low bidder, Manual C. Jardim, Inc. Mr. Bob Smallman, Chief Estimator for Fee Construction, Inc., addressed the Board, confirming that an error was made in preparation of the bid proposal. Mr. Smallman requested relief of the bid due to the error. Following discussion, it was moved by Member Clausen, and seconded by Member Boneysteele, that relief of bid request from Fee Construction, Inc. and return of the bid bond be approved. Motion approved on the following roll call vote: AYES: Members: Clausen, Boneysteele, Carlson NOES: Members: None ABSENT: Members: Dalton, Rainey It was moved by Member Clausen, and seconded' by Member Boneysteele, that award of the contract for the amount of $1,375,404 for construction of the Martinez Sewer Rehabilitation, Subbasin 5L Project, District Project No. 4611, be authorized to ,.,0,,5 .03 :: ,9; 0 82 Manual C. Jardim, Inc., as the lowest responsible bidder; that the General Manager-Chief Engineer be authorized to execute a cost reimbursement agreement with a cost ceiling of $147,924 with James M. Montgomery Consulting Engineers, Inc.; and that the General Manager-chief Engineer be authorized to execute a cost reimbursement agreement with a cost ceiling of $75,000 with Thomas Anderson and Company. Motion approved on the following roll call vote: AYES: Members: Clausen, Boneysteele, Carlson NOES: Members: None ABSENT: Members: Dalton, Rainey b. AUTHORIZE AWARD OF A CONTRACT TO DALTON CONSTRUCTION COMPANY FOR CONSTRUCTION OF 1680/SR24 SEWER RELOCATION PHASE II. DISTRICT PROJECT 4654: AUTHORIZE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH JOHN CAROLLO ENGINEERS: AUTHORIZE BOARD PRESIDENT AND SECRETARY TO SIGN A UTILITIES AGREEMENT WITH CALTRANS Mr. Dolan, General Manager-Chief Engineer, stated that a spread sheet was included in the Board packet showing the range of bids received. The low bid was considerably under the Engineer's Estimate. The project was discussed with the low bidder, Dalton Construction Company, and staff would recommend that the Boård authorize award of the contract. The majority of the work will be reimbursed by Caltrans. It was moved by Member Clausen and seconded by Member Boneysteele, that award of contract for construction of District Project No. 4654, 1680/SR24 Sewer Relocation Phase II, be authorized to Dalton Construction Company as the lowest responsible bidder contingent upon receipt of a fully-executed utilities agreement from Caltrans on or before May 11, 1990; that the Board President and Secretary of the District be authorized to execute a utilities agreement; that Resolution No. 90-055 be adopted to that effect; and that the General Manager-Chief Engineer be authorized to execute an agreement with John Carollo Engineers. Motion approved on the following roll call vote: AYES: Members: Clausen, Boneysteele, Carlson NOES: Members: None ABSENT: Members: Dalton, Rainey 4. CONSENT CALENDAR It was moved by Member Boneysteele and seconded by Member Clausen, that the Consent Calendar, consisting of nine items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 90-056 accepting an easement at no cost to the District from M. L. Streeter and W. Wang, Lafayette area (Job 4650 - Parcell) was adopted and recording authorized. Motion approved on the following vote: AYES: Members: Boneysteele, Clausen, Carlson NOES: Members:' None ABSENT: Members: Dalton, Rainey b. Resolution No. 90-057 accepting an easement at no cost to the District from KOAR, Pleasant Hill Partners, Pleasant Hill are (Job 4292 - Parcell) was adopted and recording authorized. 05 ,03 è:f)'O 83 Motion approved on the following vote: AYES: Members: Boneysteele, Clausen, Carlson NOES: Members: None ABSENT: Members: Dalton, Rainey c. Quitclaim Deed to Mr. Steven Varner, Job 4290, was approved, the President of the District Board of Directors and the Secretary of the District were authorized to execute and record said Quitclaim Deed, and Resolution No. 90-058 was adopted to that effect. Motion approved on the following vote: AYES: Members: Boneysteele, Clausen, Carlson NOES: Members: None ABSENT: Members: Dalton, Rainey d. Quitclaim Deed to Lockwood Family Trust, et al,-Job 3169, was approved, the President of the District Board of Directors and the Secretary of the District were authorized to execute and record said Quitclaim Deed, and Resolution No. 90-059 was adopted to that effect. Motion approved on the following vote: AYES: Members: Boneysteele, Clausen, Carlson NOES: Members: None ABSENT: Members: Dalton, Rainey e. The Agreement Relating to Real Property with Edward W. Beck, et ux, Job 1798 was approved, the President of the District Board of Directors and the Secretary of the District were authorized to execute and record said agreement, and Resolution No. 90-060 was adopted to that effect. Motion approved on the following vote: AYES: Members: Boneysteele, Clausen, Carlson NOES: Members: None ABSENT: Members: Dalton, Rainey f. The contract work for District Project No. 10057, Larwin Pumping station Upgrade, was accepted and the filing of the Notice of Completion was authorized. Motion approved on the following vote: AYES: Members: Boneysteele, Clausen,~Carlson NOES: Members: None ABSENT: Members: Dalton, Rainey g. The Board was advised of the close out of the Wastewater Treatment Plant Cathodic Protection System Phase 2 Project (District Project 20055) and the M-2 Force Main Cathodic Protection project (District project 4015). This item was presented for the Board's information. No action was taken. Member Clausen questioned the delay in reporting the completion of this work. Mr. Jay S. McCoy, Construction Division 05 .'0" '3 .:-".9'~O ,~ . :. . '" ,.:; t, ". 84 Manager, explained that an experimental anode had failed. delayed completion of the work. This h. May 17, 1990 was established as the date for a public hearing to consider. establishing equalization charges for Local Improvement District No. 56 (La Casa Via). Motion approved on the following vote: AYES: Members: Boneysteele, Clausen, Carlson NOES: Members: None ABSENT: Members: Dalton, Rainey i. A Board workshop was set on May 31, 1990 and public hearings were set on June 8, 1990 to receive public comment on the establishment of the 1990-1991 Sewer Service Charge rate and the collection of such charges, and prior year delinquent charges, on the County tax rolls. Motion approved on the following vote: AYES: Members: Boneysteele, Clausen, Carlson NOES: Members: None ABSENT: Members: Dalton, Rainey CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Dolan, General Manager-Chief Engineer, indicated that a request was received to take Item G.b. out of order. President Carlson proceeded to Item 6.b. 6. ENGINEERING b. ADOPT RESOLUTIONS WHICH DECLARE THAT THE DISTRICT HAS RIGHTS TO MAINTAIN AND OPERATE EXISTING SEWER PIPELINES ACROSS ASSESSOR'S PARCEL NOS. 271-150-002. 271-150-003. AND 271-150- 004 Mr. Jay S. McCoy, Construction Division Manager, reviewed the history of the developer-installed pipeline located off Donna Maria Way in Orinda and the slide which occurred in 1983. A temporary pipeline was installed following the slide which has been maintained by the District. Various alternatives for repair or rerouting the pipeline have been considered and discussed with the property owner but no agreement has been reached. Mr. Kenton L. AIm, Counsel for the District, recommended that the District file easement declarations on the three properties in which the existing pipeline is located. Through this process, the District will be assured that any new owner will take ownership with notice of the District's easement rights. Mr. H. D. Claxton, owner of the property, requested that the District not adopt the resolution declaring public easements across the property. Mr. Claxton stated that the easements would adversely impact the property. Mr. Claxton requested that this matter be deferred to allow staff more time to consider alternative alignments. In response to a comment by Mr. Claxton, Mr. David Williams, Engineering Division Manager, stated that the pipeline is not in compliance with current District standards for a new pipeline but is in compliance for existing lines. . Mr. Dolan stated that the issue before the Board is the protection of a future buyer. This decision would not prevent the relocation of the pipeline. .05 ',()/3 ;.9'0 85 Board discussion followed concerning the importance of protecting the District's easement rights, and maintaining and operating the pipeline which serves other properties. It was moved by Member Clausen and seconded by Member Boneysteele, that Resolution Nos. 90-061. 90-062. and 90-063 be adopted, declaring that the District has rights to maintain and operate existing sanitary sewer pipelines in and across Assessor's Parcel Nos. 271-150-002, 271-150-003, and 271-150-004. Motion approved on the following roll call vote: AYES: Members: Clausen, Boneysteele, Carlson NOES: Members: None ABSENT: Members: Dalton, Rainey At this time, President Carlson reverted to the order of the agenda. 5. SOLID WASTE a. CONSIDER SUGGESTIONS BY A CUSTOMER OF ORINDA-MORAGA DISPOSAL SERVICE. INC. FOR SENDING NOTIFICATION TO CUSTOMERS OF PUBLIC HEARINGS ON COLLECTION RATES. AND OF THE NEWLY ESTABLISHED SCHEDULE OF RATES Mr. Dolan, General Manager-Chief Engineer, stated that at the last Board meeting, a letter was received from Mr. Gary G. Gallaher expressing concern about receiving a bill for services already rendered. The Board requested that staff look into this and come back with a recommendation. Mr. Dolan reviewed the alternatives and .costs for sending notices of public hearings to all affected customers. . Board discussion followed with regard to the results of the post card notification system used by the City of Walnut Creek and the need to provide notification to the customers. It was the consensus of the Board, that notification of requested rate increases and the date when customers may call for the date of the public hearing will be included on the quarterly bills. In addition, it was agreed that District staff would work with the affected cities to include an article on public hearings on collection rates in their quarterly publications to citizens. with regard to setting a future effective date for new rates, Mr. Dolan explained that the District customarily sets new collection rates in the month of July to be effective July 1st, and follows a policy of limiting the effective date to be no earlier than the beginning of the month in which the Board action occurs. Mr. Dolan described the billing cycles used by each collector and the problem of retroactivity that is an artifact of the billing cycles. In the discussion that followed, it was the consensus of the Board that, with the present billing system, the retroactivity problem is unavoidable without substaintially increasing the rate increase as a result of deferring each rate increase for 90 'days. The solution for the next, and last issue raised by Mr. Gallaher was considered to solve this problem as well. with regard to the last issue raised, the request for notification of new rates in advance of the effective date, Mr. Dolan stated that this problem should disappear when Orinda-Moraga Disposal Service converts its cycle-billing system to a common calendar quarter billing system when it automates its system during the next six months. This will enable the franchisee to notify its customers at the time of billing. It will also permit billing on quarterly cycles which should eliminate retroactivity. Then this situation that triggered Mr. Gallaher's thoughtful letter should not happen again. The Board concurred. . 05. >,.O3~):::90 86 b. CANCEL PUBLIC HEARING TO CONSIDER A REOUEST FOR CONSENT TO ASSIGNMENT OF THE PLEASANT HILL BAY SHORE DISPOSAL FRANCHISE AGREEMENT TO PLEASANT HILL BAY SHORE DISPOSAL. INC.. A SUBSIDIARY OF BROWNING-FERRIS INDUSTRIES Mr. Tom Bruin, attorney for Pleasant Hill Bayshore Disposal, Inc. and Browning-Ferris Industries (BFI), stated that he was having difficulty in compiling some of the information requested on BFI. Mr. Bruin indicated that he hoped to have the answers by the middle or end of next week and would hope to be able to. have the public hearing to consider assignment of the franchise in the near future. With respect to the issue of the franchise agreement being in breach, Mr. Bruin stated that he believed this could be some misunderstanding that could be worked out. Following discussion, it was the consensus of the Board that the public hearing scheduled for April 19, 1990 and continued to May 3, 1990 to consider the request of Pleasant Hill Bayshore Disposal, a sole proprietorship, for consent to the assignment of its franchise agreement to Pleasant Hill Bayshore Disposal, Inc., be cancelled. 6. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH JAMES M. MONTGOMERY CONSULTING ENGINEERS. INC. FOR SLUDGE DRYER PILOT PROGRAM ENGINEERING SERVICES (DISTRICT PROJECT 20104) Mr. Robert A. Baker, Deputy Chief Engineer, provided an update on the efforts to solve the District's sludge disposal problems. Mr. Baker reported that air pollution equipment will be installed on the incinerators to meet new state and federal regulations. It is recommended that a backup process for sludge handling be installed in the event that an incinerator is down for mechanical failure or renovation. And, it is recommended that the District find some means of recycling the ash. Mr. Baker reviewed the backup and recycling alternatives currently being considered and recommended that a pilot: testing program for sludge dryers be initiated. A discussion followed concerning the market for recycled and composted products, and the results of the Los Angeles County pilot program. It was moved by Member Clausen arid seconded by Member Boneysteele that the General Manager-chief Engineer be authorized to execute a consulting services agreement with James M. Montgomery Consulting Engineers, Inc. to initiate pilot testing of sludge. dryers, District Project No. 20104. Dalton and Rainey being absent. Motion approved with Members b. ADOPT RESOLUTIONS WHICH DECLARE THAT THE DISTRICT HAS RIGHTS TO MAINTAIN AND OPERATE EXISTING SEWER PIPELINES ACROSS ASSESSOR'S PARCEL NOS. 271-150-002. 271-150-003. AND 271-150- 004 This item was taken out of order earlier in the agenda. 7. CORRESPONDENCE LETTER FROM MR. STEPHEN A. MINTON. JR. CONCERNING SOLID WASTE ISSUES a. Mr. Dolan, General Manager-Chief Engineer, indicated that many of Mr. Minton's suggestions are in the process of being implemented. This letter will be included in the May 17, 1990 public hearing packet. The Board concurred. "05'.. ..03:.'.90 87 8. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED MAY 3. 1990 Member Boneysteele, member of the Budget and Finance Committee, stated that he reviewed the expenditures and found them to be satisfactory. Member Clausen questioned the payment for property taxes. Mr. Paul Morsen, Deputy General Manager, reported that the payment for property taxes rela~ed to ~he purchase of the property on springbrook Road in Walnut Creek. Mr. Morsen stated that he would follow up with a memorandum to the Board providing more detail. It was moved by Member Boneysteele and seconded by Member Clausen, that the Expenditure List dated May 3, 1990, including Self-Insurance Check Nos. 100440-100441, Running Expense Check Nos. 52626-52841, Sewer Construction Check Nos. 8187-8221, and Payroll Check Nos. 19990-20255, be approved as recommended. Motion approved with Members Dalton and Rainey being absent. 9. BUDGET AND FINANCE a. REVIEW THE 1990-1991 EOUIPMENT BUDGET FOR REVIEW Mr. Dolan, General Manager-Chief Engineer, stated that copies of the Equipment Budget were distributed for review. The Equipment Budget was reviewed with the capital Projects Committee and the changes recommended by the Capital Projects Committee were discussed in the position paper. Member Boneysteele posed questions concerning the random access memory capacity and math coprocessing feature of the computers requested in the Equipment Budget. Staff will provide the requested information at the May 17, 1990 Board meeting. Member Clausen stated that over the last seven years, at least $500,000 a year was spent to upgrade equipment to increase productivity. Member Clausen expressed concern that the increased productivity has not resulted in less staff. Members Carlson and Boneysteele stated that purchase of equipment and resulting increased productivity have allowed the District staff to do more with existing personnel. President Carlson declared that the 1990-1991 Equipment Budget was received for review. 10. EMERGENCY SITUATIONS REOUIRING BOARD ACTION None 11. . REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1) Mr. Dolan, General Manager-Chief Engineer, reported that the first Central San public information brochure on solid waste matters has resulted in considerable positive feedback. Staff believes that a second brochure to explain the new solid waste rate structure if approved by the Board, the automated collection (POD) system, and green waste and recycling activities would be appropriate. The Board concurred with the concept of a second solid waste brochure and agreed that staff should proceed with the planning for the brochure. 2) Mr. Dolan stated that the recipients of the California Integrated Waste Management Board grants have been announced. The joint Central San/orinda-Moraga Disposal Service proposal was not funded, nor was the Contra Costa County public information proposal. 3) Mr. Dolan stated that in 1982, the District joined an antitrust lawsuit dealing with irregularities in the marketing of 05 03 ,.90 , ; ". j, " 88 chlorine. This week the District received a check for $3,200 as our share of the $40 million distribution. There was virtually no cost to the District for pursuing this action; just the time spent by Mr. Ken Laverty, Purchasing and Materials Officer, when the suit was filed. 4) Mr. Dolan announced that the District is currently advertising for the M-2 Force Main proj ect. The Engineer's Estimate is $2,050,000. b. COUNSEL FOR THE DISTRICT 'Mr. AIm introduced Mr. Mark Cornelius, Associate Counsel for the District. c. SECRETARY OF THE DISTRICT None d. BOARD MEMBERS Member Clausen reported that the Solid Waste Export Committee meeting with San Jose scheduled for April 25, 1990, was canceled but will be rescheduled. 12. ANNOUNCEMENTS None 13. CLOSED SESSION a. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a). The title of the litigation discussed was J. Lewis & Son versus Central Contra Costa Sanitary District, Contra Costa Superior Court No. C88-03197. It was noted for the record that Member Clausen disqualified himself, stating that he is affiliated with the law firm that represents the Danville Home Improvement Center in this matter. Member Clausen left the meeting and did not participate in discussion of this matter. At 4:45 p.m., President Carlson declared the closed session to discuss litigation pursuant to Government Code Section 54956.9(a). At 5:12 p.m., President Carlson concluded the closed session and reconvened the meeting into open session. 14. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None 15. ADJOURNMENT There being no further business to come before the Board, President Carlson adjourned the meeting at the hour of 5:13 p.m. / l~~ President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: t, . rr [(r=rJJ~C~,-, Se e ry of the Central Contra .Co a Sanitary District, County of Contra Costa, State of California ~ '.~, O~ "'. ., " . ,L ',' l\Q nr\.