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HomeMy WebLinkAboutBOARD MINUTES 03-03-88 28 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MARCH 3, 1988 The District Board of the Central Contra Costa Sanitary District convened in a regular meeting at its regular place of meeting, 5019 Imhoff Pl ace, Martinez, County of Contra Costa, State of California, at 7:30 p.m. on March 3', 1988. President Pro Tem Boneysteele announced that President Rainey had i nformed him that she was ill and woul d be unabl e to attend the Board Meeti ng. In the absence of President Rainey, President Pro Tem Boneysteele called the meeting to order and requested that the Secretary call roll. I. ROL L CAL L PRESENT: Membe rs : Clausen, Carlson, Boneysteele ABSENT: Members: Dalton, Rainey President Pro Tem Boneysteele stated that in addition to President Rainey who was absent due to illness, Member Dalton was unable to attend the meeting and had requested to be excused. II. PUBLIC COMMENTS President Pro Tem Boneysteele stated that public comments on Items VII., Solid Waste, and VIII., Legal/Litigation, will be heard with those items on the agenda. Public Comments with regard to any other item will be heard at this time. There being no comments, President Pro Tem Boneysteele proceeded with the order of the agenda. III. APPROVAL OF MINUTES 1. MINUTES OF FEBRUARY 18,1988 It was moved by Member Carlson and seconded by Member Clausen, that the minutes of February 18, 1988, be approved with the addition of the following paragraph to Item IX. Correspondence: "Member Cl ausen stated that, at that time, he di d not accept the proposition set forward by Member Boneysteele." There being no objection, the motion was approved with Members Dalton and Rainey being absent. IV. BIDS AND AWARDS 1. AUTHORIZE PilARD OF CONTRACT TO TRANSNATIONAL SERV ICES INCORPORATED FOR THE INSTALLATION OF CHECK VALVES IN THE FILTER PLANT BACKWASH PUMPS CHECK VALVE' ADDITION, DISTRICT PROJECT NO. 20026 Mr. Roger J. Dol an, General Manager-Ch ief Engi neer, di rected the Board's attention to the spread sheet showing the bids received. Mr. Dolan stated that staff is prepared to recommend that the Board authorize award of the contract to Transnational Services, Inc., the lowest responsible bidder. In response to a question from Member Carlson, Mr. Charles W. Batts, Pl ant Operations Department Manager, stated staff has rev iewed the bi d submitted and checked the references of Transnational Services, Inc., and has determined that the bidder is prepared to do the work for the bid price. It was moved by Member Carlson and seconded by Member Clausen, that award of a contract be authorized to Transnational Serv ices, Inc., the lowest responsi bl e bi dder for $3,564, for the install ati on of Fil ter Plant Backwash Pumps Check Valve Addition, District Sewer Project No. 20026. Motion approved on the following roll call vote: ,,::.,,<" ~..'- t' f ' " .' ' , , 03 03 88 29 AYES: Members: Carl son, Cl ausen, Boneysteele NOES: Members: None ABSENT: Members: Dalton, Rainey 2. AUTHORIZE AWARD OF A CONTRACT TO DILLINGHAM CONSTRUCTION N.A., INC. FOR CONSTRUCTION OF DISTRICT PROJ ECT NO. 3791,' DEWATERING SYSTEM IMPROVEMENTS, AND AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AMENDMENT WITH JOHN CAROLLO ENGINEERS FOR SERVICES DURING CONSTRUCTION ' , Mr. Dolan, General Manager-Chief Engineer, stated that this is a large and complicated project. Mr. Bert L. Michalczyk, the Project Manager, has taken a very creative and thoughtful approach to the layout being bid for construction. Dewatering' projects are difficult and typically are projects where equipment or process complications often develop. The equipment and process have been carefully selected. We bel i eve that th is will resul t i n a successful appl icati on for the District. Staff would recommend that the construction contract for the Dewatering System Improvements Project be authorized to Dillingham Construction and that authorization be given for execution of an amendment with John Carollo Engineers. Discussion followed concerning the preconstruction estimate of costs and the prior invol vement of Dillingham Construction with the District. In response to,an inquiry from Member Boneysteele, Mr. Dolan stated that the previous problems of the 5A-l Project were well behind us and that h~ believed that Dillingham was quite capable of doing a good job on the project and that he looked forward to a successful project. It was moved by Member Clausen and seconded by Member Carlson, that award of contract for construction of District Project No. 3791, the Dewatering System Improvements, be authorized to Dillingham Construction N.A., Inc. the lowest responsible bidder; and that the General Manager-Chief Engi neer be authorized to execute a $302,400 contract amendment with John Carollo Engineers for services during construction. Motion approved on the following roll call vote: AYES: Members: Cl ausen, Ca rl son, Boneysteel e NOES: Membe rs: None ABSENT: Members: Dalton, Rainey V. CONSENT CALENDAR It was moved by Member Carlson and seconded by Member Clausen, that the Consent Calendar, consisting of four items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resol ution No. '88-031 accepti ng an easement at no cost to the District from PAT HONELL, Orinda area (Job 4434 - Parcel 2), was adopted and recording authorized. Motion approved on the following vote: AYES: Members: Carl son, Cl ausen, Boneysteel e NOES: Membe rs: None ABSENT: Membe rs: Da 1 ton, Rainey 2. 'Grant of Easement Agreement with Contra Costa County, Job 4417, Parcel 3, was approved, the President of the Board of Directors and the Secretary of the Di strict were authorized to execute and forward said agreement to the County for its action, and Resol uti on No. 88-032 was adopt,ed. Motion approved on the following vote: 08 03 88 ': .' ',' 30 AYES: Members: Carl son, ~ausen, Boneysteele NOES: Members: None ABSENT: Members: Dalton, Rainey 3. The Board was advised of the close out of the A-I Line Soldier Beam Installation Project in Walnut Creek WP 14257) and the return of $11,886 to the Collection System Program 'Contingency Account. This item was presented for the Board's information. No action was taken. 4. The Board was advised of the close out of the Local Improvement District 56 (LID 56), La Casa Via/Brodia Way, Walnut Creek Sewer Construction Project (DP 4144). This item was presented for the Board's information. No action was taken. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Items VII., Solid Waste, VIII., Legal/Litigation, and XIII., ~osed Session, were taken out of order to accommodate interested persons in the audience. VIII. LEGAL/LITIGATION 1. REV IEW A QAIM RECEIVED FROM IAN AND PENa.OPE BAIRD OF 89 SLEEPY HOLLOW LANE, ORINDA, CALIFORNIA Mr. Dol an, General Manager-Chief Engi neer, introduced Mr. John A. La rson, Co 11 ect i on System Operations Depa rtment Manager. Mr. La'rson presented a chronology of events and breakdown of costs expended to date with, regard to, an overflow which occurred i n the home of Ian and Penelope Baird at 89 Sleepy Hollow Lane, Orinda, on October 10, 1987. Mr. Ian Baird and Mrs. Penelope Baird addressed the Board, requesting compensation of $700 for incidental expenses, a $100 a day loss of the use of their property, and 5 percent of the value of the house as diminution in value resulting from the overflow. In response to a q uesti on from Member Cl ausen, Mr. La rson stated that an' overflow device has been installed and the basic problem with the line has been corrected. At this' time, President Pro Tem Boneysteele proceeded to Item XIII., Closed Session. XIII. Œ-OSED SESSION SIGNIFICANT EXPOSURE TO LITIGATION 1. Pursuant to Government Code Section 54956.9(b), a point has been reached where in the opi ni on of the Board of Di rectors of the Central Contra Costa Sanitary Di strict on the adv ice of its Counsel, based on existing facts and circumstances, there is a significant exposure to liti gati on against the Di strict. At 8: 17 p.m., Presi dent Pro Tem Boneysteele declared the closed session to discuss litigation pursuant to Government Code Section 54956.9(b). At 8:37 p.m., President Pro Tem Boneysteele concluded the ciosed session and reconvened the meeting into open session. XIV. ACTIONS RESULTING FROM DISCUSSIONS IN Œ-OSED SESSION President Pro Legal/Litigation. Tem Boneysteele returned to Item VII1., VIII. LEGAL/LITIGATION 1. REV IEW A QAIM RECEIVED FROM IAN AND PENa.OPE BAIRD OF 89 SLEEPY HOLLOW LANE, ORINDA, CALIFORNIA It was moved by Member Clausen and seconded by Member Carlson, that the claim of Ian and Penelope Baird of 89 Sleepy Hollow Lane, Orinda, 03 03 88 31 Californla be continued for decision to March 17, 1988 and that staff be instructed to begin discussions with the Bairds immediately on the details of the claim in an effort to reach a resolution of the matter prior to the March 17, 1988 Board meeti ng so it can be presented for approval at that time. There being no objection, the motion was approved with Members Dalton and Rainey being absent. President Pro Tem Boneysteele proceeded to Items VII., Solid Waste. VII. SOL 10 WASTE APPROV E REV IS ION TO THE COMPUTATION OF THE ANNUAL FRANa-t ISE FEE ASSESSED TO FRANCHISED REFUSE COLLECTORS 1. Mr. Dolan, General Manager-Chief Engineer, stated that a comprehensive position paper has been presented to the Board. In addition, this item was discussed briefly with the Board at the last , meeti ng. Staff woul d be happy to answer any questions the Board may have. President Pro Tem Boneysteele indicated'that the Board would accept comments from members of the public. Mr. Ken Little, representing Orinda-Moraga Disposal Service and Pl easant Hill Bay Shore Disposal, addressed the Board, requesti ng that the Board defer action on this matter to allow garbage collectors more time to eval uate the proposal. On behal f of Pl easant Hill Bay Shore Disposal, Mr. Little stated that the proposed revision to the computation of the annual franchise fee appears to be a modification to the franchise agreement. As a member of the public, Mr. Little questioned whether the solid waste ratepayers are being treated fairly and whether a refund is due to the sewer service ratepayers. There bel ng no further comments, Presi dent Pro Tem Boneysteel e returned the matter to the Board for deliberation. Discussion followed concerning costs for outside counsel and the increase in the level of activity required in administering the franchise agreements. President Pro Tem Boneysteele stated that there is only one way to recover the costs of administering the' franchise agreements without burdening the entire District ratepayers and that is through the franchise fee. Member Boneysteele stated further that the only alternative to effective regulation is to negotiate the end of the franchise agreements and let competition ensue. Mr. Dolan stated that with the proposed revision to the computation, the franchise fee would equate to one percent of the cost of the garbage bill. At the conclusion of the discussion, it was moved by Member Clausen and seconded by Member Carlson, that decision concerning approval of the revision to the computation of the annual franchise fee assessed to franchised refuse collectors, be continued to March 17, 1988. There being no objection, the motion was approved with Members Dalton and Rainey being absent. At this time, President Pro Tem Boneysteele returned to the order of the agenda. VI. APPROVAL OF EXPENDITURES 1. EXPENDITURE LIST DATED MARCH 3,1988 Presi dent Pro Tem Boneysteel e, member of the Budget and Fi nance Committee, stated that he and Member Carl son rev iewed the expenditures and found them to be satisfactory. It was moved by Member Carlson and seconded by Member Clausen, that the Expenditure List dated March 3, 1988, including Self-Insurance Check Nos. 100237-100241, Running Expense Check Nos. 37754-38016, Sewer Construction Check Nos. 5406-5464, and Pay roll Check Nos. 12482-12743, be approved as recommended. ' There bel ng no obj ecti on, the moti on was approved with Members Dalton and Rainey being absent. ,."J)3 ,9 3 "'~ 8 , , 32 VII. sa.. ID WASTE 1. APPROVED REV IS ION TO THE COMPUTATION OF THE ANNUAL FRANa-tISE FEE ASSESSED TO FRANCHISED REFUSE COLLECTORS This item was taken out of order earlier in the agenda. VIII. LEGAL/LITIGATION 1. REVIEW QAIM RECEIVED FROM IAN AND PENa.OPE BAIRD OF 89 SLEEPY HOlLOW LANE, ORINDA, CALIFORNIA This item was taken out of order earlier in the agenda. IX. CORRESPONDENCE 1. LETTER FROM MR. DOUGLAS L. SMITH, PRESIDENT OF RIGHT OF WAY TRAIL ADVOCATES, INC., CONCERNING INSTALLATION. OF SIPHON PIPES OVER RUTH ERFORD AND SAN RAMON œ EEKS . . . Mr. Dolan, General Manager-Chief Engineer, described the pipe configuration. Mr. Robert A. Baker, Deputy Chief Engineer, reported that he has met with Mr. Smith, the President of Right of Way Trail Advocates, and with representatives of the Town of Danv111e. The Town of Danv1l1e is in the process of installing a bridge in one location and has plans to install a second bridge in approximately one year. While the location of the second bridge is presently uncertain, Mr. Baker will be meeting with Danville staff members to encourage them to locate this bridge where it would eliminate Mr. Smith's concern. Following discussion, the Board of Directors acknowledged receipt of the correspondence from Mr. Douglas L. Smith, President of Right of Way Trail Advocates, Inc., concerning installation of siphon pipes over Rutherford and San Ramon Creeks and di rected staff to respond to Mr. Smith outlining the corrective action planned by the Town of Danville and the Di strict. X. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None XI. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan General Manager-Chief Engineer, reported that there will be a meeting on March 4, 1988 with Tri-Valley Wastewater Authority (TWA), Contra Costa County, and Al ameda County to di scuss TWA proj ect alternatives and Contra Costa County's response to Alameda County regarding those alternatives. Mr. Dolan stated that he and President Rainey will attend. The objective of the meeting is to help bring about a better understanding of the facts. There was a meeting this week with a group called Concerned Citizens for Improved Water Quality. This group . is headed by Mr. John Nejedly. It is the position of Concerned Citizens for Improved Water Quality that any proj ect that woul d add more treated sewage to Suisun Bay is a bad idea. b. Mr. Dolan introduced Ms. Bonnie Allen, ~afety and Loss Control Specialist. Ms. Allen presented the employee injury statistics for the period 1983 through 1987. 286,896 manhours have been worked since the 1 ast lost time injury on May 12, 1987. There has been an excell ent and improving trend over the last five years resulting from a better return to work policy, changing philosophy at the District, and improved safety education and training. Ms. Allen thanked the Board for their support of safety and loss control activ iti es and trai ni ng over the years and expressed the hope that the improving trend would continue. c. Mr. Dolan reported that in a discussion with President Rainey, the subject of rescheduling portions of the Board meetings for earlier in the day was di scussed. Routi ne items such as minutes, expenditures, consent calendar, engineer's report, and closed session, if any, could be handl ed at the earlier session. Public hearings, solid waste actions, '0 3;; Ò ~., . 8 8 33 budget actions, and items known to be of public interest could be scheduled at 7:00 p.m. President Pro Tem Boneysteele stated that he would not want earlier meetings if they would preclude any member of the publ ic or potential Board Member from participating. Following discussion, it was the consensus of the Board that consideration of the time of future Board meetings be continued to March 17,1988. At this time Member Carlson indicated that he was not feeling well and requested that any items requiring Board action be taken out of order so that he might be excused. President Pro Tem Boneysteele proceeded to Item XI.4.a., Board Members Reports. 4. BOARD MEMBERS a. It was moved by Member Clausen and seconded by Member Carlson, that Member Boneysteel e be authorized to attend the Californi a-Nevada AWWA Spring Meeting on April 13-15, 1988 in Concord. There being no objection, the motion was approved with Members Dalton and Rainey being absent. At this time, Member Carlson left the meeting. Mr. James L. Hazard, Counsel for the District, advised that since there are no longer three Board Members present, no official Board action should be taken on the remaining report items, but that the meeting could continue as a committee meeting. xv. ADJ OURNMENT President Pro Tem Boneysteele adjourned the District Board Meeting at the hour of 9:33 p.m. and continued with the remaining agenda items as a committee of the Board of Directors. XI. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mee~ing. This item was considered during the regul ar District Board b. Meeting. This item was considered during the regular District Board c. Meeting. Th i s item was consi dered during the regul ar Di strict Board d. Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Paul Morsen, Deputy General Manager. Mr . Morsen reported that a celebration is being planned for the presentation of $200,000 to the East Bay Regional Park District for the Iron Horse Trail ~ A short ceremony is planned for March 24,1988. A reception will follow at the Alamo Women's Cl ub. e. Mr. Dolan, General Manager-Chief Engineer, reported that County pl anners have stated through the EIR process, that sewer serv ice to Assessor's Parcel No. 99-160-017, the Lesher property in the Port Chicago area, should be limited', through sewer facility sizing, to a system that can serve only the Lesher property, thus avoiding growth inducement. The long-time District policy has been that facilities should be sized for ultimate development in tributary areas. This may increase Lesher's initial cost, but the line will be a rebate line. Excerpts from the District's draft response were distributed for the Board Committee's i nformati on. f. Mr. Dolan, General Manager-Chief Engineer, briefly reviewed the condition and age of the District's vehicle fleet, and announced that it is anticipated that the Equipment Budget w1l1 contain requests for purchase of a number of replacement vehicles. g. Mr. Dolan announced the District's first blood drive, held today, was an outstanding success. 03 03 88 34 h. Mr. Dolan stated that as the Board Committee is aware, staff has been looking carefully at the District's future capital needs by means of Master Planning for sewer construction projects. This was put in perspective recently when we 1 earned that the Los Angel es coll ection system needs major work. They are spending $2.3 billion on a sewer system rehabilitation project. Administrative fines are being considered and building permit restrictions are being impose~. 2. COUNSEL FOR THE DISTRICT a. Mr. James L. Hazard, Counsel for the District, reported that he met with County staff concerning the landfill site development agreanents. County staff was receptive to our comments and i ndicated they appreciated our cooperative atti tude i n maki ng these agreements as useful as possible. President Pro Tem Boneysteele complimented Messrs. Hazard and Alm on their excellent work on the development agreements. b. Mr. Hazard, Counsel for the District, reported that the District has received a Notice of the East Bay Municipal Utility District (EBMUD) condemnation hearing on a portion of the Southern Pacific right of way. This is a clean-up action to coordinate the alignment of their pipes with ours. Staff is trying to verify the exact location of the Southern Pacific pipes. If those pipes are located as documented, we will not need to appear at the EBMUD condemnation hearing. We will reserve our right to appear, however, in the event it is necessary to protect our easement in the right of way. 3., SECRETARY OF THE DISTRICT None 4. BOARD MEMBERS a. Meeting. This itan was considered during the regular District Board b. Mr. Paul Morsen, Deputy General Manager, briefly summarized the meetings held with the individual area representatives to the Regional Recycl ing Advisory Committee. Recycling pilot programs tailor,ed to the needs of the indiv idual 'areas, separation of contai ners at restaurants and bars, and an office white paper recycling program, were discussed. XII. ANNOUNCEMENTS None XIII. QOSED SESSION This item was considered during the regular District Board Meeting. XIV. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION This item was considered during the regular District Board Meeting. XV. ADJ OURNMENT There being no further business to come before the Board Committee, President Pro Tem Boneysteele adjourned the Board Committee Meeting at the hour of 9:48 p.m. \, President of the Board of Directors, Central Contra Costa Sanitary Distr ct, County of Contra Costa, State of California COUNTERSIGNED: t. S c e ry of the Ce ral Contra ta Sanitary District, County' 03 of(}ãa cogagtate of California