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HomeMy WebLinkAboutBOARD MINUTES 05-28-87 74 MINUTES OF THE ADJ OJRNED REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MAY 28,1987 The Di strict Board of the Central Contra Costa Sanitary District convened in a adj ourned regul ar meeti ng at its regul ar pl ace of meeti ng, SO19 Imhoff Place, Martinez, County of Contra Costa, State of California, at 7:30 p.m., on May 28,1987. President Clausen called the meeting to order and requested that the Secretary call roll. I. ROlL CALL PRESENT: Members: Boneysteele, Dalton, McNulty, Carlson, Clausen ABSENT: Members: None II. PUBLIC. COMMENTS None III. APPROV AL . OF MINUTES 1. MINUTES OF MAY 7,1987 It was moved by Member Carlson and seconded by Member Dalton, that the mi nutes of May 7, 1987, be approved as presented. There bei ng no objection, the motion was unanimously approved. At this time, Presi dent Cl ausen departed fran the order of the agenda to consider Item XII., Closed Session. XII. CLOSED SESSION 1. SIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section 549S6.9(b), a point has been reached where in the opi nion of the Board of Di rectors of the Central Contra Costa Sanitary Di strict on the adv ice of its Counsel, based on exi sti ng facts and ci rcumstances, there i s a si gnificant exposure to litigation against the District. ' , 2. INITIATION OF LITIGATION Pursuant to Government Code Section S49S6 .9(c), on the adv ice of Counsel based on existing facts and circumstances, the Board of Directors' of the Central Contra Costa Sanitary District has decided to initiate or is deciding whether to initiate litigation. The title of the litigation is not being disclosed because to do so would jeopardize the ability of the District to advantageously conclude existing settlement negotiations. 3. REAL ESTATE NEGOTIATIONS With respect to real estate negotiations, the closed session was hel d pursuant to Government Code Secti on 549S6.8. The real property which the negotiations may concern is Parcel 32, public sewer easements for the San Ramon Valley Interceptor Project, No. 4224. At 7 :32 p. m. , Presi dent Cl ausen decl ared the cl osed sessi on to discuss 1 itigation pursuant to Government Code Sections S4956.9(b) and (c) and real estate negoti ati ons pursuant to Government Code Secti on S49S6.8. It was noti ced for the record that because of a confl i ct of interest, Member Boneysteele refrained fran participating and was not present for the closed session consideration of Item 1 listed above. At 7:45 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:: >28- .87' 75 IV. HEARINGS 1. HOLD A HEARING, 'ADOPT A RESOLUTION OF NECESSITY, AND AUTHORIZE $SO,100 FROM THE SEWER CONSTRUCTION FUND FOR THE PURPOSE OF INITIATING ACXlUISITION OF PUBLIC SEWER EASEMENTS BY EMINENT DOMAIN FOR THE SAN RAMON V ALLEY INTERCEPTOR, PROO ECT 4224 President Cl ausen stated that the purpose of this hearing is to consider adoption of a resolution of necessity to acquire sewer easements by eminent domain for the San Ramon Valley Interceptor, Project 4224. President Clausen opened the hearing at the hour of 7:46 p.m. Mr. Roger J. Dol an, General Manager-Chief Engi neer, introduced Mr. Curtis 'W. Swanson, Principal Engineer, who described the history and status of the project. Easements for the project were purchased through the County with the exception of the former Danville Railroad Station site and the 2,357-foot secti on between Danvill e Boul evard at Rudgear Road and Woodl and Drive. Negotiations with Southern Pacific and thei r lessee for the railroad station easement are underway. The latter parcel is the subject of this hearing. Both permanent sewer and temporary construction easements are required. The temporary construction easement would be needed for a period of one year. The proposed sewer alignment is the most envi ronmentally and econanically feasibl e al ternative. The next most feasible alternative would be to construct the pipe in Danville Boulevard. The cost and disruption to the canmunity would be significantly greater with that alternative. There is a need to proceed with the project at this time. Mr. David M. Madway, attorney for Laura Lorraine Llewellyn Stidger, addressed the Board stating his opinion that his client has a right to the property in question. There being no further comments, hearing at the hour of 7:52 p.m. President Clausen closed the It was moved by Member Dalton and seconded by Member McNulty, after considering testimony, that Resolution No. 87-080, a resolution of necessity authoriz i ng the acqui sition of permanent and temporary sewer easements by eminent domain for the San Ramon Valley Interceptor, Project 4224, be adopted; and that $SO,100 be authorized fran the Sewer Construction Fund. Motion unanimously approved on the following roll call vote: AYES: Members: Dalton, McNulty, Boneysteele, Carlson, Clausen NOES: ABSENT: Members: None Members: None V. BIDS AND AWARDS 1. J't THORIZE AWARD OF CONTRACT TO GENERAL ELECTRIC COMPANY, TO FURNISH AND INSTALL IMPROVEMENTS TO THE MOBILE RADIO SYSTEM AND AUTHORIZE $7S,300 FROM THE SEwER CONSTRUCTIOÑfÜÑD It was noted for the record that because of Mrs. Boney steel e' s ownership of General Electric stock, Member Boneysteele did not participate in the consideration of this item. Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Carlson and seconded by Member Dalton, that award of contract be authorized to General El ectric Canpany to furni sh and install improvements to the Mobil e Radio System and that $73,500 be authorized fran the Sewer Construction Fund. Motion approved on the following roll call vote: AYES: Members: Carl son, Dalton, McNulty, Clausen NOES: Members: None AB SENT: Members: None 05 28 :8.7 76 VI. CONSENT CALENDAR It was moved by Member McNul ty and seconded by Member Dal ton, that the Consent Calendar, consisting of three items, be approved as recommended and resolutions adopted as appropriate. 1. Report of settl ement of a sewer overfl ow damage cl aim in the hane of Frank and Helen Bru, 969 Yorkshire Court, Lafayette, was received for infonmation. 2. Resolution No. 87-079 commending Theodore R. Wooten for his 30 years of service to West Contra Costa Sanitary District was adopted. Motion unanimously approved on the following vote: AYES: Membe rs: McNulty, Dalton, Boneysteele, Carlson, Clausen NOES: Members: None ABSENT: Members: None 3. $7,SOO was authorized fran the Sewer Constructi on Fund for the repl acement of S22 feet of sewer in Oak Knoll Loop in Wal nut Creek. Motion unanimously approved on the following vote: AYES: Members: McNulty, Dalton, Boneysteele, Carlson, Clausen NOES: Members: None JIB SENT: Members: None CALL FOR REQUESTS TO CONSIDER ITEMS OUT ,OF ORDER None VII. ENGINEERING 1. AUTHORIZE $S2,000 FROM THE SEWER CONSTRUCTION FUND FOR A COMPUTER-:- AIDED MAPPING AND DRAFTING SYSTEM' FEASIBILITY STUDY AND AUTHORIZE THE GENERAL MAN AG ER-,ŒI IEF ENG INEER , TO . EXEClITE A PROFESSIONAL SERV ICES AGREEMENT WITH BSI CONSULTANTS, INC. I Following discussion of the capabilities of a canputer-aided mapping and drafting system and the potential for cost-sharing with the County, it was moved by Member Carl son and seconded by Member Dalton, that the General Manager-Chief Engineer be authorized to execute an agreement for technical services with BSI Consultants, Inc., and that $S2,000 be authorized for the CAD feasibility study. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Boneysteele, McNulty, Clausen NOES: JlBSENT: Members: None Members: None 1. V II I. BUOOET AND FINANCE RECEIVE THE 1987-1988 OÆRATIONS AND MAINTENANCE BUOOET AND THE SELF-INSURANCE BUOOET FOR REVIEW ' Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Walter N. Funasaki, Finance Officer, who highlighted the budgeted revenues, expenditures, and reserves as detailed in the proposed 1987-1988 Operations and Maintenance Budget presented for the Board's review. Mr. Funasaki presented the Sel f-Insurance Fund Budget based on di scussi ons with the Board at the May 7,'1987 Board Meeting. , 05 ',~2.8 <'8 7 ... '.: 77 Mr. James Kelly, Planning Division Manager, reviewed the basis and details of the proposed changes to the sewer service charge for certain non-residential sewer users to conform to the District's revenue program which was a stipulation of the SB Grant. Following discussion, it was the consensus of the Board that staff contact the supermarkets impacted by the proposed change to determine if they wish to change their operations based on the significant increase proposed. With respect to the proposed 1987-1988 Operations and Maintenance Budget, changes in the i nsi de pri nti ng and outsi de pri nti ng 1 i ne items were discussed. Hearing no further questions or comments from the Board, President Clausen declared that the 1987-1988 O&M Budget and Self- Insurance Fund Budget were dul y received and would be cal endared for further consideration at the June 4,1987 Board Meeting. 2. APPROVE THE FISCAL YEAR 1987-1988 CAPITAL IMPROVEMENT BUOOET FOR INCLUSION IN THE 1987-1988 DISTRICT BUOOET AND APPROVE THE 1987 TEN-YEAR CAPITAL IMPROVEMENT PLAN It was moved by Member Carlson and seconded by Member Clausen, that the Fi scal Year 1987-1988 Capital Improvement Budget be approved for inclusion in the 1987-1988 District Budget to be adopted on June 18, 1987, and that the 1987 Ten-Year Capital Improvement Plan be approved for use in capital fee system analysis. Motion unanimously approved on the following roll call vote: ' AYES: Members: Ca rl son, Clausen, Boneysteele, Dalton, McNulty NOES: Members: None ABSENT: Members: None IX. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None XI. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1. a. Mr. Dol an, General Manager-Chief Engineer, introduced Mr. John Larson, CSO Department Manager, who reported on the recent Oakland Boulevard sewer connection. The sanitary sewer had been connected to the storm drain facility by a plumbing contractor. The cross connection had existed since April 1985. When advised of the problem, District staff immediately corrected the error. The property owner will be billed for the District's work. b. Mr. Dolan announced that he will be on vacation from noon on May 29,1987 through June 1,1987. 2. COUNSEL FOR THE DISTRICT None 3. SECRETARY OF THE DISTRICT None 4. BOARD MEt-eERS a. Mr. Dave Okita, of the Contra Costa County Community Development Department, addressed the Board providing a status report of County solid waste activities. The Ki rker Pass proposed 1 andfill site 1 and use entitlement public hearing has been closed and the land use permit certi f ied. The East Contra Costa (Garaventa) proposed 1 andf 11 1 site is still in the EIR process. The land use entitlement public hearings are continuing. Mr. Okita also provided an update of the Blue Ribbon Task Force's efforts to date. Mr. Okita stated that a letter will be mailed to the District in the near future inviting Central San to playa more active role in the landfill siting process. 05 28 87 78 At the conclusion of his presentation, the Board and staff thanked Mr. Okita for the status report. b. Following discussion, it was the consensus of the Board that the first Board Meeting in July be rescheduled for 7:30 p.m. on July 1,1987. c. Members Boneysteel e and Carl son reported on the May 1987 CASA. Conference. The meeti ng was well attended. Many items of importance were discussed including pending federal and state legislation. The Directors' program consisted of a Regional Board update, ground water contamination, hazardous waste disposal, and drug testing. XI. ANNClINCEMENTS None XII. Q OSED SESSION This item was taken out of order earlier in the agenda. XIII. ACTIONS RESULTING FROM DISCUSSIONS IN QOSED SESSION None XIV. ADJ OURNMENT There being no further business to come before the Board, President Clausen adjourned the meeting at the hour of 9:40 p.m. COUNTERSIGNED: 05 28 . . ' , 'C"7 û ..