HomeMy WebLinkAboutBOARD MINUTES 03-19-87
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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:
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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:
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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
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ABSENT:
Membe rs f None
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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
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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:
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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
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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
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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.
,..,,-'-'
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COUNTERSIGNED:
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