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HomeMy WebLinkAboutBOARD MINUTES 10-01-87 159 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON OCTOBER 1, 1987 The District Board of the Central Contra Costa Sanitary District convened in a regul ar meeti ng at its regul ar pl ace of meeti ng, 5019 Imhoff Pl ace, Marti nez, County of Contra Costa, State of Cal iforni a, at 7:30 p.m. on October 1,1987. President Clausen called the meeting to order and requested that the Secretary call roll. I. ROLL CALL PRESENT: Members: Boneysteele, McNulty, Carlson, Clausen ABSENT: Members: Dalton Member Dalton had advised staff that he would be unable to attend this meeting and requested that he be excused. II. PUBLIC COMMENTS None III. APPROVAL OF MINUTES 1. MINUTES OF AUGUST 27, 1987 It was moved by Member McNul ty and seconded by Member Boneysteel e, that the minutes of August 27, 1987, be approved as presented. There being no objection, the motion was approved with Member Dalton being absent. MINUTES OF SEPTEMBER 3,1987 2. It was moved by Member Boney steel e and seconded by Member Carl son, that the minutes of September 3, 1987, be approved with the following amendments: On Dace 1. Item I. Roll Call, a sentence was added to refl ect that Member McNulty had indicated previously that she would be unable to attend this meeting and requested that she be excused. , On page 1, Item II. Public Comments, the fourth sentence was amended to read: "Mr. Roger J. Dol an, General Manager-Chief Engi neer, stated that the District's present intention is to use this property as a buffer zone, but that the Di strict coul d not commit to 1 imit its use shoul d other future District plans develop." On page 4, Item VI. Engineer, 2., the sentence "Staff indicated it was less expensive" was added to the end of the first paragraph. There being no objection, the above motion was approved with Member Dalton being absent and Member McNulty abstaining. 3. MINUTES OF SEPTEMBER 17,1987 It was moved by Member Carlson and seconded by Member Clausen, that the minutes of September 17, 1987, be approved with the fol lowing amendment: On page 1, Item I. Roll Call, a sentence was added to reflect that Members Boneysteele and McNulty had indicated previously they would be unable to attend this meeting and requested that they be excused." There being no objection, the motion was approved with Member Dalton being absent. 10 01 87 ~' " , ' '" 160 IV. BIDS AND AW ARDS 1. AUTHORIZE AWARD OF CONTRACT TO CLASSIC ELECTRIC AND DATA FOR THE INSTALLATION OF THE Q-ILORINE EMERGENCY VISUAL ANNUNCIATOR SYSTEM, PROJ ECT NO. 10027 Mr. Roger J. Dolan, General Manager-Chief Engineer, reported that the Chlorine Emergency Visual Annunciator System is a safety emergency warning system which will provide a visual beacon in all of the locations in the Treatment Plant where the siren may not be heard. A Board discussion followed concerning the safety of the adjoining areas. Staff was requested to notify the neighbors of the chlorine emergency procedures and to provide training as appropriate. ' It was moved by Member Carlson and seconded by Member Boneysteele, that award of contract be authorized to Cl assic Electric and Data, the lowest responsible bidder for $3S,869, for the installation of District Sewer Project 10027, Chlorine Emergency Visual Annunciator System. There bei ng no obj ecti on, the moti on was approved with Member Dalton bei ng absent. 2. REJECT BID FROM V&M BACKHOE AS NONRESPONSIVE AND AUTHORIZE AWARD OF A CONTRACT TO CARONE BROTHERS, INC. FOR CONSTRUCTION. OF DISTRICT PROJ ECT NO. 20052, TREATMENT PLANT DRAINAGE, PHASE II It was moved by Member Carlson and seconded by Member McNulty, that the bid of V&M Backhoe be rejected as nonresponsive, and that award of a constructi on contract for the constructi on of Trea'bnent Pl ant Drai nage, Phase II, Di strict Proj ect No. 200S2, be authorized to Carone Brothers, Inc. as the lowest responsible bidder. There being no objection, the motion was approved with Member Dalton being absent. v. CONSENT CALENDAR It was moved by Member Boneysteele and seconded by Member McNulty, that the Consent Calendar, consisting of nineteen items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resolution No. 87-162 accepting an easement at no cost to the District from A. SAVAGE, et ux, Lafayette area, Job 4142 - Parcel 1, wa~ adopted and recording authorized. Motion approved on the following vote: A YES: Members: Boneysteel e, McNulty, Ca rl son, Cl ausen NOES: Members: None ABSENT: Members: Dalton 2. Resolution No. 87-163 accepting an easement at no cost to the District from R. W. CARRAU, et ux, Orinda area, Job 43S6 - Parcell, was adopted and recording authorized. Motion approved on the following vote: AYES: Members: Boneysteele, McNulty, Cl ausen NOES: Members: None ABSENT: Members: Dalton ABSTAIN: Members: Ca rl son 3. , Resolution No. 87-164 accepting an easement at no cost to the District from CARRAU INVESTM:NT CORPORATION, Orinda area, Job 43S6 - Parcel 2, was adopted and recording authorized. Motion approved on the following vote: 10 01 87 161 AYES: Mem be rs: Boneysteele, McNulty, Cl ausen NOES: Members: None .ABSENT: Members: Dalton ABSTAIN: Members: Ca rl son 4. Resolution No. 87-16S accepting an easement at no cost to the District from B. Dew, et ux, Orinda area, Job 3930 - Parcell, was adopted and recording authorized. Motion approved on the following call vote: AYES: Boneysteele, McNulty, Carlson, Clausen Members: NOES: Members: None ABSENT: Members: Dalton s. Resolution No. 87-166 accepting an easement at no cost to the District from OWEN C. DICKSON, Orinda area, Job 3930 - Parcel 2, was adopted and recording au~horized. Motion approved on the following vote: AYES: Boneysteele, McNulty, Carlson, Clausen Members: NOES: Members: None .ABSENT: Dalton Members: 6. Resolution No. 87-167 accepting an easement at no cost to the Di strict from W. J. NEWMAN, III, Ori nda area, Job 3930 - Parcel 3, was adopted and recording authorized. Motion approved on the following vote: AYES: Membe rs: Boneysteele, McNulty, Carlson, Clausen NOES: Members: None ABSENT: Members: Dalton 7. Resolution No. 87-168 accepting an easement at no cost to the District from G. ROBINSON, et ux, Orinda area, Job 3930 - Parcel 4, was adopted and recording authorized. Motion approved on the following vote: AYES: Members: Boney steel e, McNulty, Ca rl son, Cl ausen NOES: Members: None ABSENT: Members: Dalton 8. Resolution No. 87-169 accepting an easement at no cost to the District from S. V. WAGLER, Orinda area, Job 4286 - Parcel 2, was adopted and recording authorized. Motion approved on the following vote: AYES: Boney steel e, McNul ty, Ca rl son, Cl ausen Members: NOES: Members: None ABSENT: Members: Dalton 9. Resolution No. 87-170 accepting an easement at no cost to the District from H. F. HAMANN, et ux, Orinda area, Job 4286 - Parcel 3, was adopted and recording authorized. Motion approved on the following vote: 10 01 87 .', <', 162 ., 10 AYES: Members: Boneysteele, McNulty, Ca rl son, Cl ausen NOES: Members: None ABSENT: Members: Dalton 10. Resolution No. 87-171 accepting an easement at no cost to the District from S. E. GANTNER, et ux, Orinda area, Job 4286 - Parcel 4, was adopted and recording authorized. Motion approved on the following vote: AYES: Membe rs: Boney steel e, McNulty, Carl son, Cl ausen NOES: Members: None ABSENT: Members: Dalton ll. Resolution No. 87-172 accepting an easement at no cost to the District from T. A. EIJÑARDS, et ux, Orinda area, Job 4286 - Parcel S A and B, was adopted and recording authorized. Motion approved on the following vote: AYES: Members: Boneysteele, McNulty, Carlson, Clausen NOES: Members: None ABSENT: Membe rs : Dalton 12. The contract work for construction of Storm Damage Repair Project (Karp Sl ide) at 3717 Happy Vall ey Road, Lafayette COP 4209) was accepted and filing of the Notice of Completion was authorized. Motion approved on the following vote: AYES: Members: Boney steel e, McNul ty, Carl son, Cl ausen NOES: Members: None ABSENT: Members: Dalton . 13. The contract work for the construction of LID S6, La Casa Via/Brodia Way, Walnut Creek (DP 4144) was accepted and filing of the Notice of Completion was authorized. Motion approved on the following vote: AYES: Members: Boney steel e, McNul ty, Carl son, Cl ausen NOES: ABSENT: Members: None Members: Dalton 14. Quitclaim Deed to Dorothea M. Franceschi, et al, Job No. 1610 was approved, the President of the District Board of Directors and the Secretary of the Di strict were authorized to execute and record said Quitclaim Deed, and Resolution No. 87-173 was adopted to that effect. Motion approved on the following vote: AYES: Members: Boney steel e, McNulty, Ca rl son, Cl ausen NOES: Members: None ABSENT: Members: Dalton IS. Quitclaim Deed to Smith and Wallace Development Company, Job 406S, was approved, the President of the Board of Directors and the Secretary of the Di strict were authorized to execute and 01 87 163 record said Quitclaim Deed, adopted to that effect. and Resolution No. 87-174 was Motion approved on the following vote: AYES: Members: Boneysteele, McNulty, Carlson, Clausen NOES: ABSENT: Members: None Members: Dalton 16. Executi on of Easement Agreement for Sewer Crossi ng under the Contra Costa Canal - Wal nut Creek area, Job 40SS - Parcel S, was authorized and Resol uti on No. 87-17S was adopted to that effect. Motion approved on the following vote: AYES: Members: Boneysteele, McNulty, Carlson, Clausen NOES: Members: None ABSENT: Members: Dalton 17. The Agreement regardi ng conveyance of property between Galaxy-Burnett Associates, and Galaxy-Orion Associates, Galaxy Associates, City of Concord, and Central Contra Costa Sanitary District was approved and the President of the District Board of Directors was authorized to execute said document (Resolution No. 87-176). Motion approved on the following vote: AYES: Members: Boneysteele, McNulty, Carlson, Clausen NOES: Members: None ABSENT: Members: Dalton 18. Authorization was given for P.A. 87-30 (Martinez), P.A. 87-31 , (Martinez), P.A. 87-32 <Orinda), P.A. 87-33 (Pleasant Hill) and P.A. 87-34 (Danville) to be included in a future formal annexation to the District. Motion approved on the following vote: AYES: Members: Boneysteele, McNulty, Carlson, Clausen NOES: Members: None ABSENT: Members: Dalton 19. Adoption of Resolution No. 87-161, District Annexation No. 99, A Resolution of Application for the Annexation of Properties to Central Contra Costa Sanitary District (Shadow Creek Development), was confirmed. Motion approved on the follow i ng vote: AYES: Members: Boneysteele, McNulty, Ca rl son NOES: Members: None .ABSENT: Members: Dalton ABSTAIN: Members: Cl ausen CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Dolan, General Manager-Chief Engineer, requested that Items IX., Solid Waste, and XV., Closed Session, be taken out of order to accommodate interested persons in the audience.' l~O:': 0'1' 8'7 164 xv. a.OSEDSESSION 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 c;ircumstances, there is a significant exposure to litigation against the. District. The titles of the litigation are not being identified because to do so would jeopardize the Board's ability to conclude existing settlement negotiations to its advantage. 2. INITIATION OF LITIGATION Pursuant to Government Code Section S49S6.9(c), on the advice 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 effectuate service of process or to advantageously conclude existing settlement negotiations. At 7:47 p.m., President Clausen declared the closed session to discuss litigation pursuant to Government Code Sections S49S6.9(b) and (c). Because of a potential conflict of interest, Member Carlson did not enter the closed session until 7:S1 p.m. At 7:S8 p.m., President Clausen concluded the closed session and reconvened the meeting into open session. At this time President Clausen moved to Item IX., Solid Waste. IX. SOL ID WASTE 1. ADOPTION OF LEGISLATIVE FINDINGS FOR SETTING OF GARBPGE COLLECTION RATES President Clausen stated that a communication was received from Mr. Sanford Skaggs, the attorney representing Valley Disposal Service, Inc. and Orinda-Moraga Disposal Service, Inc., requesting that this item be postponed for two weeks to allow him to review the Legislative Findings and ,the Administrative Record. A discussion followed wherein it was determined that sufficient notice was given of the date for consideration of this matter and that it would be appropriate to proceed at this time. It was moved by Member McNulty and seconded by Member Boneysteele, that the Legislative Findings for Setting of Garbage Collection Rates be adopted and that said findings be filed by the Secretary of the District with the Administrative Record of the 1987 garbage collection rate setting process. Motion approved on the following roll call vote: AYES: Members: McNul ty, Boneysteel e, Ca rlson, Cl ausen NOES: ABSENT: Members: None Members: Dalton At this time, President Clausen returned to the order of the agenda. VI. ADMINISTRATIVE 1. ADOPT THE DISTRICT'S FORMAL BID STANDARD, S-O13 Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Ken Laverty, Purchasing and Materials Officer, and Mr. Kent Alm, Associate Counsel for the District, who assisted in development of the District's formal bid standard and who are avail able to answer any questions the Boa rd may have. Following discussion of the $10,000 bidding 1 imit and phasing of projects, it was moved by Member Carlson and seconded by Member Boneysteele, that Standard S-O13, BIDS, be- adopted for use by all District personnel. Motion approved on the following roll call vote: ,10 0.1 87 " 165 AYES: Members: Carl son, Boney steel e, McNul ty, Cl ausen NOES: Members: None ABSENT: Members: Dalton VII. PLANT OPERATIONS 1. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXEClITE A CONTRACT WITH REALOOIC FOR PHASE II OF THE PLANT CONTROL SYSTEM SOFlWARE UffiRADE, PROJ ECT NO. 10020 Mr. Dol an, General Manager-Ch ief Engi neer, recommended that executi on of a consul ti ng agreement with REALOOIC for upgrade of the software for the control system computer be authorized. Mr. Wil 1 iam Brennan, Pl ant Operations Division Manager, described the process control function of the Modcomp computer and the District's current investment in both hardware and software. It was moved by Member McNulty and seconded by Member Carlson, that the General Manager-Chief Engineer be authorized to execute a contract with REALOOIC, in the amount of $96,SOO for a portion of Phase II of the Plant Control System Software Upgrade, Project No. 10020. Motion approved on the following roll call vote: AYES: Members: McNulty, Carlson, Boneysteele, Clausen NOES: Membe rs : None ABSENT: Mernbe rs: Dalton VIII. APPROVAL OF EXPENDITURES 1. EXPENDITURE LIST DATED OCTOBER 1, 1987 Member McNulty, member of the Budget and Finance Committee, stated that she and Member Clausen reviewed the expenditures and found them to be satisfactory. It was moved by Member McNulty an~ seconded by Member Clausen, that the Expenditure List dated October 1, 1987, including Self-Insurance Warrant Nos. 100149-1001S6, Running Expense Warrant Nos. 34760-3S198, and Sewer Construction Warrant Nos. 4892-49S8, be approved as recommended. A discussion followed concerning discounts. At the conclusion of the discussion, the above motion was approved with Member Dalton being absent. ' , IX. SOLID WASTE ADOPTION OF LEGISLATIVE FINDINGS FOR SETTING OF GARBAGE COLLECTION RATES 1. This item was taken out of order earlier in the agenda. X. REAL PROPERTY 1. CONSIDER ADOPTION OF A NEGATIVE DECLARATION AND AUTHORIZE THE GENERAL MANAGER-Q-IIEF ENGINEER TO PROCEED WITH THE. ACXlUISITION OF THE LAGISS PROPERTY Receipt of a letter from Mr. Anthony G. Lagiss dated September 30, 1987, was acknowledged. It was moved by Member Carlson and seconded by Member McNulty, that the Negative Declaration for the Proposed Acquisition of the Lagiss Property for the Treatment Plant Buffer Zone be adopted, that the General Manager-Chief Engineer be authorized to proceed with the acquisition of the Lagiss parcel, and that Resolution No. 87-177 be adopted to that effect. Motion approved on the following roll call vote: 10 01 87 166 AYES: Members: Ca rl son, McNulty, Boneysteele, Clausen NOES: Members: None ABSENT: Members: Dalton XI. CORRESPONDENCE 1. LETTER FROM MR. MARSHALL GRODIN, VICE-PRESIDENT AND GENERAL MAN~ER OF VALLEY DISPOSAL SERVICE, INC. ,REQUESTING ,CONSENT TO ASSIGNMENT OF FRANCHISE . Receipt of the letter from Mr. Marshall Grodin, Vice-President and General Manager of Val ley Disposal Service, Inc., requesting consent to assignment of franchise, was acknowledged. Following discussion, staff was di rected to draft a letter requesting additional information from Valley Disposal. Board Members were requested to contact staff by October 7, 1987~ with items for inclusion in the letter. XII. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 1. XIII. GENERAL MANAGER OiIEF ENGINEER REPORTS a. Mr.. Dol an, General Manager-Chief Engi neer, presented a status report of the Sol i d Waste J PA Pl anni ng Committee. At the 1 ast meeti ng the group decided to create a Pol icy Committee made up of one elected official from each franchising agency. This Committee will review the draft JPA document and make the key decisions concerning such matters as scope of membership, scope of service, and financing considerations. A Management Committee wil 1 also be formed to provide detail ed review of the JPA document. The Board President is requested to appoint a member to the Policy Committee and to appoint the General Manager-Chief Engineer to the Management Committee. , b. Mr. Dolan reported that the District has been invited to attend a dinner honoring Mr. Theordore R. Wooten for 30 years of public service. Board Members Boneysteele and McNulty indicated that they planned to attend. , c. Mr. Dol an announced that he woul dbe attending the WPCF meeting in Philadelphia on October S-8, 1987 and that he would take vacation on Friday, October 9,1987. Messrs. Charles Batts and James Kelly will also be attending the WPCF meeting. 2. COUNSEL FOR THE DISTRICT None 3. SECRETARY OF THE DISTRICT None 4. BOARD MEM3ERS a. Due to Board Member Dalton's absence, there was no report of the Solid Waste Commission meeting. b. It was. moved by Member Carlson and seconded by Member McNulty, that the regular District Board Meeting of November S, 1987, be rescheduled for October 29,1987, due to conflict with the quarterly CASA meeting. There being no objection, the motion was approved with Member Dalton being absent.. , XIV. ANNOJNCEMENTS None XV. QOSED SESSION 10 .... This item was:taken out of order earlier in the agenda. ."'~ " ,; 0187 167 XVI. ACTIONS RESULTING FROM DISCUSSIONS IN ClOSED SESSION None XVII. ADJ OURNMENT There being no further business to come before the Board, President Clausen adjourned the meeting at the hour of 9:00 p.m. /" .-'~~¥~~ Presidént of the Board of Directors Qent~l Contra Costa Sanitary District, Cotfnty 'of Contra Costa, State of Cal iforni a COUNTERSIGNED: .1 \.~ ~ ¿ .,n1l/Y-,,'u~'^- S~c e. ary of the Central Contra Co- a Sanitary District, County of Contra Costa, State of California 10 01 87