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HomeMy WebLinkAboutBOARD MINUTES 05-19-87 67 MINUTES OF THE ADJOURNED REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MAY 19,1987 The Oi strict Board of the Central Contra Costa Sanitary Di strict convened in an adjourned regular meeting at its regular place of meeting, SO19 Imhoff Place, Martinez, County of Contra Costa, State of California, at 7:30 p.m., on May 19,1987. President Clausen called the meeting to order and requested that the Secretary call roll. I. ROLL CALL PRESENT: ABSENT: Members: Boneysteele, Dalton, Carlson, Clausen Members: McNulty Member McNulty had indicated previously that she would be unable to attend this meeting and requested that she be excused. II. PUBLIC COMMENTS None III. HEARINGS 1. CONTINUE THE PROCESS FOR LOCAL IMPROVEMENT DISTRICT S6 (LID S6): HOLD PUBLIC HEARING, APPROVE ENGINEER'S REPORT AND ASSESSMENTS, AND, AWARD A CONTRACT TO V AND M CONSTRUCTION AND AUTHORIZE, $2S6,90,O ,FROM THE SEWER CONSTRUCTION FUND President Clausen stated that the purpose of this public hearing is to receive testimony concerni ng formati on of Local Improvement Di strict S6 (LID S6). Mr. Robert Brunsel 1, Bond Counsel for the Di strict, addressed, the Board outl i ni ng the s!Jbstance of the heari ng and procedure gui del i nes. Mr. Brunsell stated that Mr. Jensen, the Engineer of Work, is present to answer any questions the Board may have. President Clausen opened the public hearing at the hour of 7:32 p.m. It was noted for the record that a letter opposing the formation of LI.D 56 was received from Mr. Edwin R. Parks, 160 Brodia Way, Walnut Creek. Mr. Edwin R. Parks, ,160 Brodia Way, Walnut Creek, addressed the Board expressing opposition to the formation of LID S6. Mr. Parks stated further that he has lived at this address for the last 18 years and he has no pl ans to subdivide the property. The sanitary facil ities during those 18 years have been satisfactory. There being no further comments either in favor of or in opposition to the proposed formation of LID 56, President Clausen closed the public hearing at the hour of 7:37 p.m. and returned the matter to the Board for consideration of the testimony and the proposal. Following Board del iber~tion, it was moved by Member Dalton and seconded by Member Boneysteel e, that Resol uti on No. 87-073 overrul i ng protests and Resolution No. 87-074 approving the amended Engineer's Report and Assessments, be adopted. Motion approved on the following, ro 11 ca 11 vote: AYES: Members: Da 1 ton, Boneysteele, Carlson, Clausen NOES: Members: None J'BSENT: Members: McNulty 05 19 87 ; , 68 It was moved by Member Dalton and seconded by Member Carlson, that Resolution No. 87-07S awarding construction contract in the amount of $166,760 to V and M Constructi on and Resol uti on No. 87-076 authoriz i ng approval of change orders be adopted and that $256,900 be authorized from the Sewer Construction Fund. Motion approved on the following roll call vote: AYES: Members: Dal ton, Carlson, Boneysteele, Cl ausen NOES: Members: None ABSENT: Members: McNulty IV. BIDS AND AWARDS 1. AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO WESTERN UTILITY CONTRACTORS, INC. , AUTHORIZE' EXEClITION OF AGREEMENTS WITH PSC ASSOCIATES, INC., AND SHAPIRO OKINO HOM' AND ASSOCI"TES ENGINEER§,. AND JAMES M. MONTOOOMERY, 'AND AUTHORIZE $9,630,000 FROM THE SEWER. CONSTRUCTION FUND FOR PHASE lA AND 2 OF THE SAN RAMON VALLEY TRUNK SEWER, PROJ ECT 4224A Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that the low bid received for this project was substantially lower than the engineer's estimate. Because of the size and complexity of this project, a second cost estimate was prepared by an i ndependentcost engi neer. Both the engi neer' s estimate and the estimate of the i ndependent cost estimating engineer were in the $14 million to $1S million cost range. Following technical and commercial evaluation of the bids received, the low bid appears to be a responsive and responsible Md. Staff would recommend authorization to award the construction contract to Western Utility Contractors, Inc., the low bidder. Following discussion, it was moved by Member Carlson and seconded by Member Dalton, that award of the construction contract for Phase lA and 2 of the San Ramon Valley Trunk Sewer, Project 4224A, be authorized to Western Utility Contractors, Inc. as the lowest responsible bidder; that the General Manager-Chief Engineer be authorized to execute Amendment No. 3 to the agreement with James M. Montgomery Consul ti ng Engi neers, and agreements with PSC Associates and Shapiro Okino Hom and Associates Engineers; that a temporary secretarial position be authorized for this project for a period of 14 months; and that $9,630,000 be authorized from the Sewer Construction Fund for the construction and rel ated costs. Motion approved on the following roll call vote: AYES: Members: Carl son, Dalton, Boneysteele, Clausen NOES: Members: None ABSENT: Members: McNulty At this time, President Clausen departed from the order of the agenda to consider Item XII, Closed Session. XII. a.OSED SESSION 1. SIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section S4956.9(b) a point has been reached where in the opinion of the Board of Directors of the Central Contra Costa Sanitary District on the advice of its Counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the District. At 7:57 p.m., President Clausen declared the closed session to discuss litigation pursuant to Government Code Section S4956.9(b). It was noted for the record that because of a conflict of interest, Member Boneysteel e refrai ned from partici pati ng and was not present for the closed session. At 8:12 p.m., President Clausen concluded the closed ,session and reconvened the meeting into open session. President Clausen returned to the order of the agenda. , ' '., . 05 19 b7 69 IV. B IDS AND AW ARDS 2. CONSIDER RESPONSIVENESS OF HOMBOLDT-WEDAG'S BID TO SUPPLY CENTRIFUGES FOR DISTRICT PROJECT NO. 3791, DEWATERING IMPROVEMENTS AND CONSIDER AWARD OF CONTRACT It was noted for the record that because of Member Boney steel e' s investment in Penwalt Corporation, he refrained from participation in consideration of this item. Mr. Dolan, General Manager-Chief Engineer, stated that the purpose of this hearing is to determine the responsiveness of Humboldt-Wedag's bi d for centrifuge procurement on the Dewateri ng System Improvements Project and, based on that finding, award the contract to the lowest responsive bidder or reject all bids. Mr. Dolan reviewed the bids received and the 1 etters submitted with the bi d and received subsequent to the bid from Humboldt-Wedag. President Clausen opened the hearing at the hour of 8:1S p.m. Mr. John Robbins, Regional Manager for Humboldt-Wedag, addressed the Board, stating that the letters were offered for the purpose of obtaining clarification of the contract documents. Mr. Robbins stated that Humboldt-Wedag did not request any variances which would be an exception to the contract documents. Mr. Robbi ns requested that the 1 etters requesting clarification be withdrawn as a means of expediting the process. Mr. Sanford Skaggs, Attorney rep resenti ng the Sharp 1 es- Stokes Division of Penwalt Corporation, addressed the Board stating his opinion that the 1 etters submitted by Humboldt-Wedag were not requests for clarification but modification of the general conditions and addition of certain provisions. For that reason, Mr. Skaggs urged the Board to reject Humboldt-Wedag's bid as non-responsive and award the bid to the second low bidder, Sharples. Mr. Robbins again address the Board, citing the inconsistencies in the specifications and stating that the letters were merely a request for cl arification. After hearing all who spoke, President Clausen declared the hearing closed at the hour of 8:47 p.m. Following deliberation, it was moved by Member Carlson and seconded by Member Dalton, that because of the ambiguity between General Conditions 19 and 21 and the possibility of confusion in the future, that all bids be rejected and staff be directed to modify the specifications, issue an addendum, and again solicit bids from Humboldt-Wedag and Sharples. Motion approved on the following roll call vote: AYES: Members: Carl son, Dalton, Clausen NOES: Members: None ABSENT: Members: McNulty V. CONSENT CALENDAR It was moved by Member Dalton and seconded by Member McNulty, that the Consent Cal endar, consi sti ng of two items, be approved ~s recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resolution No. 87-077 accepting an easement at no cost to the District from J. R. WOODRUFF, Walnut Creek area (Job 4076 - Parcell (ptn» was adopted and recording authorized. Motion unanimously approved on the following vote: 05 1,.9 .' " 87 70 AYES: Members: Dal ton, Ca rl son, Boney steel e, Cl ausen NOES: Members: None J'BSENT: Members: McNulty 2. Resolution No. 87-078 accepting an easement at no cost to the District from D. E. BACA, North Concord area (Job IS26 - Parcel 2) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Dalton, Carlson, Boneysteele, Clausen NOES: Members: None ABSENT: Members: McNulty VI. APPROV AL OF EXPENDITURES 1. EXPENDITURE LIST DATED MAY 19,1987 Member Dal ton, member of the Budget and Fi nance Canmittee, stated that in the absence of Member McNulty he and Member Boneysteele reviewed the expenditures and found them to be satisfactory. It was moved by Member Dal ton and seconded by Member Boneysteel e, that the Expenditure Li st dated May 19, 1987, incl udi ng Sel f-Insurance Warrant Nos. 100110-100112, Running Expense Warrant Nos. 32283-32422, and Sewer Constructi on Warrant Nos. 4S00-4S16, be approved as recommended. There being no objection, the motion was approved with Member McNulty being absent. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item VIII, Sol id Waste, was taken out of order to accommodate interested persons in the audience. VIII. SOL ID WASTE 1. CONSIDER lliE REQUEST OF ORINDA-MORAGA DISPOSAL SERV ICE, INC. TO IMPLEMENT A REDUCED SENIOR CITIZENS RATE FOR REFUSE COLLECTION IN ZONE 1 (ORINDA SERVICE AREA)' , Mr. Dolan, General Manager-Chief Engineer, reported that Member McNulty and District staff met with representatives of the City of Orinda and Mr. George Navone of Orinda-Moraga Disposal Service in an effort to work out a compromise proposal for a reduced senior citizens rate for refuse collection in the Orinda service area. The proposal is now before the Board for consideration. It was moved by Member Dal ton and seconded by Member Boneysteel e, that the request of Orinda-Moraga Disposal Service, Inc. to implement a senior citizens discount program in Zone 1 be implemented effective July 1,1987, for a test period of one year. Motion approved on the following roll call vote: AYES:. Members: Dal ton, Boneysteele, Carlson, Clausen NOES: Members: None J'BSENT: Members: McNulty It was noted for the record that Member Boneysteel e' s vote and second to the motion was based on the fact that this proposal was 'requested by the City of Orinda. It was noted further that President Clausen's vote was only on the basis of implementation for a one-year test period. President Clausen indicated his opposition to the implementation of discount rates as a policy. President Clausen returned to the order of the agenda. I. 05 '1'9 '8 7 71 VII. BUDGET AND FINANCE 1. RECEIVE APRIL 1987 FINANCIAL STATEMENTS Mr. Walter Funasaki, Finance Officer, summarized the results of operati ons and mai ntenance for the month of April 1987, noti ng that expenditures ,were $32,000 more than budget representi ng a 2.0 percent unfavorable variance. Year-to-date expenditures were $811,000 less than budget representing a S.l percent favorable variance. The District's temporary investments were hel d i n a Federal Home Loan Bank note, collateralized certificates of deposit, bankers' acceptances, and the District's Local Agency Investment Fund (LAIF> account with interest rates ranging from 7.2S percent to S.8 percent. The latest interest rate at April 30, 1987 was 7.0 percent. The average yield for the LAIF account through April 1987 was 7.04 percent. Mr. Dolan advised that because of the presentation of the Capital Improvement Budget, the Sewer Construction Fund report will be omitted at this meeting. At conclusion of the reports, President Clausen declared that the April 1987 financial statements were duly received. APPROVE THE 1987-1988 EQUIPMENT BUDGET FOR 1987-1988 DISTRICT BUDGET INCLUSION IN THE 2. It was moved by Member Carlson and seconded by Member Dalton, that the 1987-1988 Equipment Budget be approved for inclusion in the 1987-1988 District Budget to be adopted on June 18,1987. Motion approved on the following roll call vote: . AYES: Members: Carl son, Dalton, Boneysteele, Cl ausen NOES: Members: None, ABSENT: Members: McNulty RECEIVE THE DRAFT FISCAL YEAR 1987-1988 CAPITAL IMPROVEMENT BUDGET. " AND THE DRAFT 1987 TEN-YEAR CAPITAL IMPROVEMENT PLAN FOR REVIEW' . 3. Mr. Dol an, General Manager-Chief Engi nèer, stated that both the Capital Improvement Budget and the Ten-Year Capital Improvement Plan were reviewed by the Capital Projects Committee and guidance and comments were provided by the Committee. At this time staff would like to provide the other Board Members with an overview because of its importance to the District. This is the culmination of a great deal of work during the 1 ast year. Mr. Robert Baker, Deputy Chief Engineer, stated that staff is very proud of this document not only as a budget but as a system. Mr. Baker acknowledged Jarred Miyamoto-Mills, Jim Kelly, Walter Funasaki, Kent Alm, Mohammad Quresh i, and the many proj ects managers for thei r si gni ficant contributions to the document. Mr. Baker acknowledged as well Helen Baumgartner and the District secretaries and Dave Baldi and his staff for production of the document. Mr. Baker stated that the fundamental importance of the document is twofold: first, it gives the Board an opportunity to have an overview of District projects for comparison and priority setting; and second, it provides the District will full documentation and support for the Capital Improvement Program and justification for the cost of the Program. . Mr. James Kelly, Planning Division Manager, described the purpose and objectives of the Capital Improvement Budget and Capital Improvement Pl an and highl ighted the impl ications of approval of both documents by the Board. This year approval of the Capital Improvement Budget is also adopti on of a capital budgeti ng system. By adopt; on of the Capital Improvement Budget, the Board will authorize'staff to pursue work on the projects 1 isted under each budget program. In addition, the General Manager-Chief Engineer will be delegated the authority to allocate funds to establish actual project budgets to expend funds within the overall program budget. Specific project budgets established at the time of the Board's award of construction contracts cannot be exceeded except by use of the Program Contingency Account if the overrun is less than IS percent 05 '19< 87 72 or by subsequent Board authorizati on if the overrun is greater than 15 percent. The General Manager-Chief Engineer's authorization 1 imit for capital projects will be increased from $10,000 to $2S,000 per project. The annual total of these authorizations will be 1 imited to the sum of the Capital Improvement Budget Program Contingency Accounts, S percent of each program budget. The General Manager-Chief Engineer will be authorized to approve consul tant contracts for amounts not to exceed $SO,OOO within established project budgets. Specific Board approval for consultant agreements over $SO,OOO, for award of construction contracts, and for budget revisions in excess of established authority limits will be requi red. Fi nally, by approval of the Çapital Improvement Budget, the Board is in effect approving projects which are "categorical ly exempt" under the California Environmental Quality Act (CEQA). Mr. Jarred Miyamoto-Mills, Project Manager, briefed the Board on the Capital Improvement Budget and di stributed and briefly highlighted the Ten-Year Capital Improvement Plan. At the conclusion of the presentation, President Clausen was joined by the other Members of the Board in commending staff for the excellent job they have done in producing the Capital Improvement Budget. Presi dent Cl ausen noted that the draft Fi scal Year 1987-1988 Capital Improvement Budget and draft 1987 Ten-Year Capital Improvement Plan were duly received. VIII. SOl. ID WASTE 1. CONSIDER THE REQUEST OF ORINDA-MORPGA DISPOSAL SERV ICE, INC. TO IMPLEMENT A REDUCED SENIOR CITIZENS RATE FOR REFUSE COLLECTION' U!. ZONE 1 (ORINDA SERV ICE AREA) , This item was taken out of order in the agenda. IX. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None X. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dol an, General Manager-Ch ief Engi neer, announced that the District is currently advertising for Schedule B of the San Ramon Valley Interceptor Project. The engineer's estimate is' $1.5 million. Bids will be opened June 16, 1987. b. Mr. James Cae has been transferred to the Engineering Department and has dropped the grievance he had filed. ' 2. COUNSEL FOR THE DISTRICT None 3. SECRETARY OF THE DISTRICT Ms. Joyce McMillan, Secretary of the District, reported that tours of the Marin Recycling and Resource Recovery Association facility and the Bay Model have been schedul ed for June 16, 1987. A tour of the Davis Street transfer station has been scheduled for June 23,1987. 4. BOARD MEMBERS Member Dalton reported on the Hazardous waste Çommission meeting and the Solid Waste Committee meeting on May 14,1987. XI. ANNOJNCEMENTS Member Boneysteele requested that the draft Sol id Waste Management Plan be calendared for consideration at the May 28,1987 Board Meeting. 05 .l9 87 " 73 XI1. a.OSED SESSION 1. SIGNIFICANT EXPOSURE TO LITIGATION This item was taken out of order earlier in the agenda. 2. REAL ESTATE NEGOTIATIONS With respect to real estate negotiations, the closed session was hel d pursuant to Government Code Section S49S6.8. The real property which the negotiations may concern is the Pacific Ready Mix Concrete Batch Plant on Imhoff Place in Martinez. The District's negotiators may negotiate with Fuller LePage, Real Estate Brokers. At 10:02 p.m., President Clausen declared the closed session to di scuss real estate negoti ati ons pursuant to Government Code Secti on S49S6.8. At 10:08 p.m., President Clausen concluded the closed session and reconvened the meeting into open session. XIII. ACTIONS RESULTING FROM DISCUSSIONS IN a.OSED SESSION None XIV. ADJ OJ RNMENT There being no further business to come before the Board, President Clausen adjourned the meeting at the hour of 10:08 p.m. to reconvene at 7:30 p.m. on Thursday, May 28,1987 for an Adjourned Regular Meeting. COUNTERSIGNED: / \" Lt. t, / nUl. . (f4-- Seçr~ ary of the ntral Contra Costa Sanitary District, County of Contra Costa, State of California 05, ,19 87