Loading...
HomeMy WebLinkAboutBOARD MINUTES 08-13-90 155 MINUTES OF THE ADJOURNED REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON AUGUST' 3, '990 The District Board of the Central Contra Costa Sanitary District convened in an adjourned regular session at its regular place of meeting, 50'9 Imhoff Place, Martinez, County of Contra Costa, State of California, at 3 p.m. on August' 3, '990. President Carlson called the meeting to order and requested that the Secretary call roll. I. ROLL CALL PRESENT: Members: Boneysteele, Dalton, Clausen, Rainey, Carlson ABSENT: Members: None 2. PUBLIC COMMENTS It was noted that no candidates other than the incumbents, Board Members Rainey and Clausen, filed for election at the forthcoming Board election. 3. HEARINGS a. CONTINUE THE PROCESS TO ESTABLISH LOCAL IMPROVEMENT DISTRICT (LID) 57 INCLUDING HOLDING A PUBLIC HEARING. APPROVING AN AMENDED ENGINEER'S REPORT AND ASSESSMENTS. AND AWARDING A CONTRACT TO D' ARCY & HARTY CONSTRUCTION. INC. Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that the Board packet contains a lengthy position paper which lays out the history of Local Improvement District (LID) 57, the Mid-Hill Sewer Project in the Brown Avenue area of Lafayette. This LID has been the most complicated that the District has had. Because the construction cost is high and because of the large size of the lots, the unit price per lot is quite substantial. In addition, a concerned citizen in the neighborhood, Mr. Ronald Findleton, has raised the issue of traffic control and access during construction. Mr. Dolan introduced Mr. Jay S. McCoy, Construction Division Manager, who described the LID and the proposed sewers. The total estimated cost of the project is $320,000. The cost per unit is approximately $40,000. This is the largest assessment in the history of the District for several reasons: ,) the steep difficult terrain, 2) construction includes correction of a potentially unstable area, 3) the properties are large and few in number, and 4) extra cost ~ssociated with financing through an assessment district. Mr. McCoy introduced Mr. Dennis Hall, Associate Engineer, who described the access and delays expected during construction of the various segments of LID 57. The maximum delay is expected by the contractor to be two minutes. Work in the area s expected to take no more than two weeks. At 3:' 7 p.m., President Carlson opened the public hearing to continue the process to establish Local Improvement District 57. Receipt of correspondence from Richard V. McKinley, F. Allan Chapman, Peter and Patricia Grossgart, J. Ronald Findleton, Richard S. Ryan of the Contra Costa County Fire Protection District, and David B. Hop was acknowledged and by reference incorporated in the minutes. Mr. Ernest Sponzilli, '662 Brown Avenue, Lafayette, addressed the Board in support of the proposed LID 57. Mr. Sponzilli stated that two-minute delays would not create a problem. If an alternative route were needed, access would be available through privately owned Sessions Road. Mr. Sponzilli requested that the Board approve LID 57. ,~(),8 .~:l..:i ,90 156 Mr. David B. Hop, design engineer for LID 57, addressed the Board in support of the proponents of the project who could not attend the public hearing. Mr. Hop stated that he has worked with the homeowners for more than three years putting the project together. There is a need for public sewers in the Brown Avenue area. Mr. Hop requested that the Board approve the project. Mr. Steve April, Fire Inspector with Contra Costa County Fire Protection District, addressed the Board. Mr. April stated that the concerns of the Fire District have been met with the District's proposal and by documentation provided to the Fire Department. In addition, the contractor has agreed to communicate with the Fire District should an incident occur.. This will further mitigate any concerns in the event of possible emergencies. Mr. Peter Grossgart, 3460 Sky lane, lafayette, addressed the Board expressing concern with the significant increase in the project cost and the additional costs associated with the long lateral and pump needed to serve his property. Mr. Grossgart requested that the Board defer action on LID 57 until he has an opportunity to obtain an estimate of the full costs for installation of the pump and lateral. In response to a question from Member Rainey, Mr. Dolan stated that the Board can decide not to proceed with the LID at this time. If the Board then decided to reconstitute the LID, the process must begin again from the beginning. Bids have been , received for construction of the public sewer so those costs are known. The individual costs for the facilities required to connect Mr. Grossgart's home to the new sewer would be his responsibility. Mr. leo Macias addressed the Board stating that the original estimate was approximately $15,000 per unit. Th,e costs are now $40,000 per unit plus additional hook up costs. Mr. Macias expressed concern that the LID would not go forward. Mr. Macias spoke in favor of keeping the costs down and allowing the project to proceed. Mr. Robert Baker, Deputy Chief Engineer, stated that unstable areas were found in the roadway where construction would take place. This has contributed substantially , to the cost of the LID over the original estimate of $15,000 done by Mr. Hop, the design engineer. There being no further questions or comments, President Carlson closed the public hearing at the hour of 3:48 p.m. and returned the matter to the Board for deliberation. Member Clausen stated that the last time this matter was before the Board, he disqualified himself because he was representing one of the participants on a lease matter. Member Clausen stated that he believes that matter has been concluded but he still feels it is necessary to disqualify himself on this matter. . It was noted for the record that Member Clausen did not participate in the discussion or action taken with regard to local Improvement District 57. Mr. McCoy reviewed the assessment amounts shown in the engineer's report. Two months ago, the engineer's estimate per unit was $37,250 and all of the participants were aware of that amount when they agreed to proceed. The project was then bid and the bids came in higher than estimated. An additional assessment was assigned to the participants with the exception of Mr. Cha~an who protested the additional assessment. Five of the six remaining participants agreed to let Mr. Chapman in the LID at the $37,250 rather than $40,000. Mr. Grossgart has not yet agreed and is still weighing his options. If the District contributed $30,000 toward the LID, the assessments would be reduced to a uniform $36,321.06 per unit for all participants. Mr. McCoy recommended that the District contribute $30,000 and proceed with LID 57 at this time. If the LID does not proceed, the money expended by the District for the LID to date would have to be borne by District residents at large rather than the participants of LID 57. . The Board questioned staff as to the number of properties that may be added to the LID in the future and the chances of recouping the funds from these future connections. Mr. McCoy stated that it is expected that at least two parcels and perhaps as many as five parcels could be served by the LID sewer line in the future. 08 ' 13 ',90 157 It was moved by Member Boneysteele and seconded by Member Dalton, that Resolution No. 90- 105 be adopted awarding construction contract for the Mid-Hill Sewer Project Local Improvement District 57 to D' Arcy & Harty Construction, Inc. Motion approved on the following vote: AYES: Members: Boneysteele, Dalton, Rainey, Carlson NOES: Members: None ABSENT: Members: None ABSTAIN: Members: Clausen It was moved by Member Boneysteele and seconded by Member Dalton, that Resolution No. 90-106 be adopted authorizing approval of change orders for the Mid-Hill Sewer Project Local Improvement District 57. Motion approved on the following vote: AYES: Members: Boneysteele, Dalton, Rainey, Carlson NOES: Members: None ABSENT: Members: None ABSTAIN: Members: Clausen President Carlson declared a recess at the hour of 4:28 p.m., reconvening at the hour of 4:34 p.m., with all parties present as previously designated. 4. BIDS AND AWARDS a. AUTHORIZE AWARD OF CONTRACT TO PM&M ELECTRIC. INC. IN THE AMOUNT OF $66.000 FOR THE INSTALLATION OF THE MEETING ROOM HVAC IMPROVEMENTS. DISTRICT PROJECT NO.1 0070 Mr. Dolan, General Manager-Chief Engineer, stated that as the Board will recall, an HVAC engineer was consulted on this project. 'An HVAC system that would meet the very exacting demands of this meeting room was requested. We are now in the process of expanding and remodeling the Plant Operations Department offices and laboratory. A complex control system that could be expanded to include the Plant Operations Department offices and laboratory was included in the bid package but not reflected in 'the cost estimate. Staff has worked with the HV AC people and the original designer to try to meet the District's needs in a more cost-effective way. To proceed' on schedule, staff recommends award of bid at this time. In order to reduce the project costs, a reduced scope of work will be negotiated with the awardee to remove the complex control elements subsequent to award of bid. Following discussion, it was moved by Member Clausen and seconded by Member Rainey, that award of the construction contract be authorized to PM&M Electric, Inc., the lowest responsible bidder in the amount of $66,000 for the Meeting Room HVAC Improvements, District Project No.1 0070. There being no objection, the motion was unanimously approved. 5. CONSENT CALENDAR It was moved by Member Rainey and seconded by Member Clausen, that the Consent Calendar, Items a. through c., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. A public hearing date was set for September 6, 1990, at 3 p.m. to consider annexation of territories contained in Annexation 1 15 as amended by the Local Agency Formation Commission (LAFCO). <'ìt{OS::13., 90 158 Motion approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: b. Rainey, Clausen, Boneysteele, Dalton, Carlson None None Resolution No. 90-107 was adopted authorizing the annexation of a 48.96 acre parcel of land in the Martinez area (formerly the Lagiss property) under the title of District Annexation 116 and consent was given to the future revision of the District's sphere of influence to coincide with said annexation. Motion approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Clausen, Boneysteele, Dalton, Carlson None None In response to a question from Member Clausen, Mr. Ken Laverty, Purchasing and Materials Officer, stated that a detailed report of the total cost of acquisition of the Lagiss property will be presented in the position paper at the time of close out. Resolution No. 90-108 was adopted authorizing the detachment of an 11.24 acre parcel of land owned by Contra Costa County from the District's boundaries and consent was given to the future revision of the District sphere of influence to coincide with said detachment. c. Motion approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Clausen, Boneysteele, Dalton, Carlson None None CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 6. SOLID WASTE ADOPT A RESOLUTION AUTHORIZING CENTRAL CONTRA COSTA SANITARY DISTRICT TO ENTER INTO A JOINT POWERS AUTHORITY (JPA) WITH THE CITIES OF WALNUT CREEK AND SAN RAMON AND APPOINT TWO BOARD REPRESENTATIVES TO SIT ON THE JPA BOARD a. It was moved by Member Rainey and seconded by Member Dalton, that Resolution No. 90-109 be adopted authorizing membership of Central Contra Costa Sanitary District in the Central Contra Costa Solid Waste Authority. Motion approved on the following vote: AYES: ,Memb~rs: NOES: Members: ABSENT: Members: Rainey, Dalton, Boneysteele, Clausen, Carlson None None Following discussion, it was moved by Member Boneysteele and seconded by Member Dalton, that Board Members Rainey and Clausen be appointed to represent Central Contra Costa Sanitary District on the Central Contra Costa Solid Waste Authority 08,', :13"',,ØO 159 Board through December 1991. There being no objection, the motion was unanimously approved. Mr. Dolan thanked Mr. Paul Morsen, Deputy General Manager, for his efforts in getting the JPA this far and Mr. Kenton L. Aim, Counsel for the District, for this legal work on the JPA document. 7. APPROVAL OF MINUTES a. MINUTES OF JULY 12. 1990 It was moved by Member Boneysteele and seconded by Member Rainey, that the minutes of July 12, 1990, be approved with the following amendments: Under Item 8. Leaal/Litiaation. on page 12, the words "an employee of County Quarry Products, Inc., a tenant of the District, who was injured in an industrial accident" were inserted following the word" Crow. " There being no objection, the motion was unanimously approved. b. MINUTES OF JULY 19. 199O c. MINUTES OF JULY 26. 1990 It was moved by Member Boneysteele and seconded by Member Rainey, that the minutes of July 19, 1990 and July 26, 1990, be approved as presented. There being no objection, the motion was unanimously approved. 8. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED AUGUST 13. 1990 Member Boneysteele, member of the Budget and Finance Committee, stated that he and Member Dalton reviewed the expenditures and found them to be satisfactory. It was moved by Member Boneysteele and seconded by Member Dalton, that the Expenditure List dated August 13, 1990, including Running Expense Check Nos. 54671- 54738 and Sewer Construction Check Nos. 8538-8561, be approved as recommended. There being no objection, the motion was unanimously approved. 9. BUDGET AND FINANCE a. RECEIVE FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30. 1990 Mr. Walter N. Funasaki, Finance Officer, briefly reviewed the actual Operations and Maintenance (O&M) revenues and expenses for the fiscal year ended June 30, 1990, noting that revenues were $83,000 less than budget, representing a 1.8 percent unfavorable variance. Total expenses were $210,000 greater than budget, representing a .9 percent unfavorable variance. Actual retained earnings for the fiscal year ended June 30, 199O, was $2,798,000 compared to budgeted retained earnings of $3,417,000. In response to a question from Member Boneysteele, Mr. Funasaki stated that realized interest income was $82,000 less than budgeted, almost wholly as a result of using an overly optimistic interest rate in budgeting. Mr. Funasaki stated that a more conservative stance was taken in budgeting income in 1990-1991. Member Clausen cautioned staff to carefully monitor revenues during the coming year because of the potential slow down in building due to less favorable interest rates. In response to a question from President Carlson, Mr. Funasaki stated that the projection for commercial revenue for the coming year was based on more conservative flow rates. ".0.8.' 1 3:<,9 0 160 Mr. Funasaki reported that the District's temporary investments were held in the District's Local Agency Investment Fund (LAIF) account and Treasury bills and notes with interest ranging from 7.658 percent to 9.156 percent. The latest interest rate was 8.401 percent. The average yield for the LAIF account at June 30, 1990, was 8.538 percent. President Carlson declared that the financial statements for the fiscal year ended June 30, 1990, were duly received. 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 11. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1) Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Paul Morsen, Deputy General Manager, who provided an update on the District's Household Hazardous Waste Program. Mr. Morsen briefly highlighted Assembly Bill 939, Contra Costa County's Household Hazardous Waste Program, and the District's Source Control Program which have led to plans for siting a permanent Household Hazardous Waste (District Source Control) Facility. Consultants are now being interviewed to assist in siting this facility. Initially the facility will accept motor oil, latex paint, automobile batteries, and possibly antifreeze. In the second phase, the facility will be expanded to accept non-recyclable pesticides, oil based paints, and household chemicals. Capital funds for the facility will be obtained through AB 2448 money and District funds. The O&M costs will be funded through the franchise fee and the Sewer Service Charge. The cities will assist with the public information component of the program. Staff will return to the Board with costs estimates before proceeding. Member Clausen stated that the homeowner should not have to bear the commercial operator's share of the cost of the facility. Mr. Morsen stated that the current Health Department regulations dictate the length of time and the amount of material that can be stored on site. This should limit.the material taken in to homeowners and small generators. Member Clausen stated that he would hope that large generators would not be turned away but would be charged to use the facility. Member Clausen indicated that the system should be fair to everyone and should encourage people to use the facility. Mr. Dolan stated that until rates, if any, are actually determined, staff will say to those who ask that the rates are yet undetermined. The Board voiced no objection. 2) Mr. Dolan, General Manger-Chief Engineer, stated that after the last Board meeting it came to the attention of staff that the County planned to submit an ordinance to the Board of Supervisors for decision, covering the cost of closure at Acme landfill through the transfer stàtion. Our Board has taken a position on the issue of pass through of closure to the ratepayers on a number of occasions. Based on that position, Counsel for the District Kent Aim drafted a letter for President Carlson's signature. President Carlson executed the letter and Mr. Aim presented the position to the Board of Supervisors at their meeting on August 7, 1990. Copies of the letter have been distributed to the Board of Directors. . Mr. Kenton L. Aim, Counsel for the District, reported that the Board of Supervisors authorized their staff to negotiate an agreement with Acme subject to approval by the Board òf Supervisors Internal Operations Committee and finally the full Board of Supervisors. Member Clausen stated that if a Judge found the order from the County to be a lawful order to the collectors and if the fees were found to be reasonable, then they could order the District to pass through those reasonable fees. . 3) Mr. Dolan invited the Board to attend the District's Safety Picnic at 11 a.m. on September 8, 1990, at Baldwin park in Concord. 08:13.,90 161 4) Mr. Dolan announced that the letters went to the franchisees requesting information concerning development of a plastics recycling program. Letters were also sent to the franchisees concerning capital acquisitions. It was suggested that the franchisees receive prior approval for capital acquisitions to forestall questions as to the reasonableness of those acquisitions. b. COUNSEL FOR THE DISTRICT None c. SECRETARY OF THE DISTRICT None d. BOARD MEMBERS Member Rainey reported that the Board of Supervisors will meet today to consider the County-wide solid waste JPA. Member Clausen reported that Sara Hoffman, the County Solid Waste Manager, received a letter from Stanislaus County terminating discussions for capacity at their Waste-to-Energy Facility. Discussions with Santa Clara have terminated as well. The County has been unable to schedule a meeting with San Jose. Member Clausen stated that it appears that San Joaquin County is the only option remaining to Contra Costa County. 12, ANNOUNCEMENTS President Carlson recommended that installation of a large conduit in the 1680 corridor be considered for future reclaimed water distribution. Mr. Dolan stated that the District is also giving some thought to the use of small, local treatment plants for irrigation water supply and peak wet weather storage. That option has not been costed out yet. Mr. Robert A. Baker, Deputy Chief Engineer, stated that he would check the status of East Bay Municipal Utility District and Contra Costa Water District plans and report to the Board at the, September 6, 1990 Board meeting. 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 Western Utility Contractors, Inc. versus Central Contra Costa Sanitary District, Contra Costa Superior Court No. 90-00876. At 5:48 p.m., President Carlson declared the closed session to discuss litigation pursuant to Government Code Section 54956.9(aL At 6:08 p.m., President Carlson concluded the closed session and reconvened the meeting into open session. 14. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION It was moved by Member Clausen and seconded by Member Rainey, that the proposed settlement in the matter of Western Utility Contractors, Inc. versus Central Contra Costa Sanitary District, Contra Costa Superior Court No. 90-00876, be accepted. There being no objection, the motion was unanimously approved. 15. ADJOURNMENT There being no further business to come before the Board. Presiøent Carlson adjourned the meeting at the hour of 6:09 p.m. ,< ..' , 08:13'90 162 COUNTERSIGNED: ..~ \ [0";;. 8: '", ~ '1" 3 . 9 0 '. ~. ,'.:. ~;' . . . , . " . . ,,', ~~ President of the Board of Directors Central Contra Costa Sanitary District. County of Contra Costa, State of California