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HomeMy WebLinkAboutBOARD MINUTES 08-22-85 235 MINUTES OF THE REGULAR BOARD MEETING OF lHE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON AUGUST 22,1985 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 5019 Imhoff place, Martinez, County of Contra Costa, State of California,on August 22,1985, at 7:30 p.m. President Boneysteele called the meeting to order and requested that the Secretary call roll. I. ROLL CALL PRESENT: ABSENT: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele Members: None II. APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF JULY 18, 1985 It was moved by Member Carlson and seconded by Member Clausen, that the minutes of July 18,1985, be approved with the following corrections: The last paragraph under III. HEARINGS was amended to read: "Members Cl ausen and Boneystee 1 e voted no for the reasons, among others, that they were averse to recovery of expenses in a 9-month rather than the normal 12-month period and because they supported an adjustment to offset the estimated $117,000 Workers' Compensation Insurance return premium." Under Item VI. ENGINEERING, 3. AUTHORIZE lHEGENERAL MANAGER-CHIEF ENGINEER TO EXECUTE A CO~TRACT WI~S R. S~D ASSOC~ AUTHORIZE 35,000 FROM THE SEWER CONSTRU ION FUND FOR DESIGN OF DISTRICT PROJECT NO. 4093, the words "Watershed 44, West Trunk ewer Parallel in the North Concord/Clyde area" were inserted following District Project No. 4093. There being approved. no obj ect ions, the above motion was unanimously III. EXPENDITURES 1. EXPENDITURE LIST DATED AUGUST 22,1985 Member Dalton, member of the Budget and Finance Committee, stated that he and Member Schmidt have reviewed the expenditures and found them to be satisfactory. It was moved by Member Dalton and seconded by Member Schmidt, that the Expenditure List dated August 22, 1985, including Running Expense Warrant Nos. 21073-21440, Payroll Warrant Nos. 4393-4665, and Sewer Construction Warrant Nos. 3135-3168, be approved as presented. There being no objection, the motion was unanimously approved. IV. HEARINGS 1. CONDUCT PUBLIC HEARING, CONSIDER ADOPTION OF NEGATIVE DECLARATION, AND CONSIDER APPROVAL OF THE PROPOSED PROJ~CT FOR NORTH CONCORD/CLYDE SEWAGE COLLECTION SYSTEM IMPROVEMENTSPROJ ECT President Boneysteele indicated that the purpose of this publ ic hearing is to receive public comment regarding the adoption of the Negative Declaration for the North Concord/Clyde Sewage Collection System Improvements Project. Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that in compliance with the California Environmental Quality Act (CEQA) requirements, District staff has solicited comments and caused the required legal notices to be published. Mr. Dolan introd.uced Planning 08 22.85 236 Division Manager James M. Kelly and Mr. Russell Leavitt, of Earth Metrics Incorporated, environmental consultants. Mr. Kelly provided an overview of the proposed North Concord/Clyde Sewage Collection System Improvements Project. In response to a comment from Member Dalton at the August 1, 1985, Board meeti ng, Mr. Kelly reported that a 13,200 foot sewer would be required to convey the flow from the Clyde Pumping Station to the existing 39 inch diameter line; this line would be approximately one half the District's minimum slope requi rement. President Boneysteele declared the public hearing open at the hour of 7:51 p.m. and acknowledged receipt of correspondence from Dee Kilcoyne, Secretary of the Clyde Civic Improvements Association, Inc. There being no other correspondence or comments from members of the public, President Boneysteele declared the public hearing closed. Following deliberation, it was moved by Member Clausen and seconded by Member Carlson, that the Negative Declaration for the proposed North Concord/Clyde Sewage Collection System Improvements Project be adopted (Resolution No. 85-077) and that the project be approved (Resolution No. 85-078). Motion unanimously approved on the following roll call vote: AYES: NOES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele Members: None ABSENT: Members: None v. CONSENT CALENDAR It was moved by Member Carlson and seconded by Member Dalton, that the Consent Calendar, consisting of twelve items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. .. ... .. . Resolution No. 85-079 accepting an easement at no cost to the District from DAME CONSTRUCTION COMPANY - San Ramon area (Job 3563 - Parcel 3) was adopted. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 2. Resolution No. 85-080 accepting an easement at no cost to the Di strict from DAME CONSTRUCTION COMPANY - San Ramon area (Job 3563 - ParcelS) was adopted. Motion unanimously approved on the following roll call vote: AYES: NOES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele Members: None ABSENT: Members: None 3. Resolution No. 85-081 accepting an easement at no cost to the District from DAME CONSTRUCTION COMPANY - San Ramon area (Job 3563 - Parcel 7) was adopted. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 08';' 22'~é) . .i " 237 4. Reso 1 ut i on No. 85-082 accept i ng an easement at no cost to the District form T. R. TREADWAY - Orinda area (Job 4097 - Parcell) was adopted. Motion unanimously approved on the following roll call vote: AYES: Members: Carl son, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 5. Resol uti on No. 85-083 accepti ng an easement at no cost to the District from J. M. POLITO and M. L. SILVERMAN - Orinda area (Job 4097 - Parcel 2) was adopted. Motion unanimously approved on the following roll call vote: AYES: NOES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele Members: None ABSENT: Members: None 6. Resolution No. 85-084 accepting an easement at no cost to the District from CHATEAU PLEASANT HILL ASSOCIATION - Pleasant Hill area (Job 4101 - Parcell) was adopted. Motion unanimously approved on the following roll ca 11 vote: AYES: Members: Carl son, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 7. Resolution No. 85-085 accepting an easement at no cost to the District from GORDON FRENa-! DEVELOPMENT COMPANY - Orinda area (Job 4024 - Parcels 1 and 2) was adopted. Motion unanimously approved on the following roll call vote: AYES: Members: Carl son, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 8. - . Resolution No. 85-086 accepting an easement at no cost to the District from R. VANDERKOUS and E. D. DUNIVAN - Marti nez area (Job 3868 - Parcell) was adopted. Motion unanimously approved on the following roll call vote: AYES: NOES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele None Members: ABSENT: Members: None 9. Authorization was given for P.A. 85-17 (Alamo) to be included in a future formal annexation to the District. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele NOES: ABSENT: Members: None Members: None 08' ,;t~22 :;:.85- 238 10. Authorize the execution of a consent to dedication to Contra Costa County (-Job 3176 - Parcel 1) Sub 6457 (Alamo area), Resolution No. 85-087 was adopted. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele NOES: ABSENT: Members: None Members: None 11. Resolution No. 85-088 approving agreement relating to real property with Growers Square Investing Co., Job 4032, Parcell, in the Walnut Creek area was adopted. Motion unanimously approved on the following roll call vote: AYES: Members: Carl son, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 12. A medical leave of absence was authorized for James Bolden, Uti lity Worker. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None VI. ENGINEERING 1. ESTABLISH SEPTE~ER 19, 1985, AS lHE DATE FOR A PUBLIC HEARING REGARDING 1) THE ANNEXATION OF THE P«>NACO PARCEL (LAKE ORINDA HIGHLANDS AREA) AND 2) THE EXTENSION OF THE PUBLIC SEWER IN LA MADRONAL TO SERVE SAID PARCEL Mr. Dolan, General Manager-Chief Engineer, stated that in the past residents in the Lake Orinda Highlands area have expressed interest in any annexation or extension of the public sewer. Although this annexation and subsequent sewer project are categorically exempt in accordance with the District's environmental guidelines, it has been the Board's policy to schedule a public hearing and to notify all residents who would be affected by the annexation and sewer extension. It was moved by Member Carlson and seconded by Member Dalton, that September 19, 1985, be established as the date for a publ ic hearing regarding 1) the annexation of the Monaco parcel (Lake Orinda Highlands area) and 2) the extension of the publ ic sewer on La Madronal to serve said parcel. There being no objection, the motion was unanimously approved. 2. AUTHORIZE $21,000 FROM THE SEWER CONSTRUCTION FUND FOR PREDESIGN AND DESIGN OF CONCORD INDUSTRIAL PUMP STATION UPGRADING, DISTRICT PROJECT NO. 4091 It was moved my Member Dalton and seconded by Member Clausen, that $21,000 be authorized from the Sewer Construction Fund for predesign and design of Concord Industrial Pump Station Upgrading, District Project No. 4091. Motion unanimously approved on the following roll call vote: 0 8 -:',..<2 2 85 239 AYES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None VII. BUDGET AND FINANCE 1. RECEIVE FINANCIAL STATEMENTS FOR lHE YEAR ENDED JUNE 30, 1985 Mr. Walter N. Funasaki, Finance Officer, reviewed the financial statements for the fiscal year ended June 30, 1985, noting that expenditures were $1.4 million less than budget representing a 7.7 percent favorable variance. The annual audit being conducted by Hood and Strong is currently in progress. It is anticipated that the audit report w ill be presented to the Boa rd on October 3, 1985. The D i str i ct' s temporary investments are currently held in treasury notes, coll ateralized certificates of deposit, and bankers' acceptances. Interest rates range from 12 percent to 7.5 percent. The average annual yiel d realized on temporary investments for the fiscal year was 9.96 percent. The capital project listing contained in the financial statements shows actual expenditures for capital projects in comparison with project budgets. A discussion followed wherein President Boneysteele questioned the interest rate received form Gilbraltar Savings and Loan in comparison to the current rates at other savings and loan associations. Mr. Funasaki indicated that he would inquire into this matter and report back to the Boa rd. Member Schmidt questioned the under-budget condition of the salaries line item. Mr. Dolan reported that this is a result of vacant positions. There being no further questions or comments, President Boneysteele declared that the Financial Statements for the fiscal year ended June 30, 1985, were received. VIII. LEGAL/LITIGATION 1. AUlHORIZE lHE GENERAL MANAGER-a-!IEF ENGINEER TO EXECUTE AN AGREEMENT WITH lH~D SAFECO INSURANCE CO. FOR CREEKBANK AND SEWER RESTORATION AT '12 EVERGREEN DRIVE, ORINDA Mr. Dolan, General Manager-Chief Engineer, stated that this matter was the subject of an item on the closed session agenda at the previous Board meeting where details were elaborated. Mr. James L. Hazard, Counsel for the District, stated that the geotechnical analyses by both the District's and SAFECO's engineering consultants indicate that there is a significant probabil ity that the District's line, the Wootten's house, and the creek crossing trestle could be lost during a severe storm if repairs are not completed. If this occurs there would be a public health risk because of raw sewage spilling into the creek which flows into the East Bay Municipal Utility District's San Pablo Reservoir. Because of these extraordinary risks it is recommended that the Board declare that an emergency situation exists pursuant to Publ ic Contract Code Section 20806 so that the work can be initiated as soon as the necessary agreements are signed. It was moved by Member Carlson and seconded by Member Schmidt, that the General Manager-Chief Engineer be authorized to execute an agreement with SAFECO and Robert Wootten for renovati on work at '12 Evergreen Drive, Orinda, to repair the creekbank and sewer creek crossing, and to restore the District's permanent sewer line; and pursuant to Public Contract Code Section 20806, it is declared that an emergency situation exi sts at 112 Evergreen Drive, Ori nda. Motion unanimousl y approved on the following roll call vote: AYES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 08 2/2 8-5 240 IX. PERSONNEL 1. CREATE lHE NEW POSITION OF PRINCIPAL ENGINEER (S-86, $4,082/mo. to $4,936/mo.); RECLASSIFY CURTIS SWANSON TO PRINCIPAL ENGINEER This item recommendation. was referred to the Personnel Committee for X. MATTERS FROM lHE PUBLIC 1. LETTER FROM MR. KENNETH BARKER DATED JULY 29,1985 A letter from Mr. Kenneth Barker dated July 29, 1985, was received and a presentation was made to the Board of Di rectors by Mr. Barker wherein Mr. Barker stated he would be a candidate for election to the Board of Directors in 1987 if Members Boneysteele, Carlson, or Dalton run for re-election. President Boneysteele thanked Mr. Barker for these comments. XI. ITEMS LATE FOR THE AGENDA Mr. Dolan, General Manager-Chief Engineer, stated that there is one item late for the agenda which will be covered as the first item on the Engineer's Report. 1. XII. GENERAL MANAGER-CHIEF ENGINEER REPORTS a. Mr. Dolan introduced CSO Department Manager, John Larson. Mr. Larson reported that a leak has been discovered in the Martinez (M-2) line where it passes through the IT Corporation easement. If the leak is not corrected immediately, the integrity of the IT levees is threatened and service to the Martinez area could be interrupted. In addition, if the leak is not corrected, it could cause discharge of raw sewage directly into Pacheco Slough posing an immediate public health problem. It is requested that the Board declare an emergency situation pursuant to Public Contract Code Section 20806 so that work can be completed as soon as possible to correct the leak. It was moved by Member Carlson and seconded by Member Dalton, that pursuant to Publ ic Contract Code Section 20806 to safeguard the publ ic health, it is declared that an emergency situation exists where the M-2 line passes through the IT easement. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None b. Mr. Dolan reported that the broker is remarketing the District's insurance coverage looking at various levels of retention and coverage. There has not been sufficient time or study to quantify the risks analytically. Therefore, if a decision is made' to reduce the insurance coverage in the near future, such a decision will have to be based on the judgment of the Board rather than on a detailed analysis of risks. Staff will undertake a review of our insurance program including consideration of substantially increasing the self-retained insurance amount and impl ementati on of management techniques for managi ng the retained ri sk. Thi s study shou 1 d be conducted in time for insurance program changes effective for fiscal year 1986-87. The Board indicated that staff should proceed with this review. c. Mr. Boyd Olney has requested that the District join with the private developers of the Bailey Road landfill site. After discussion between Mr. Dolan and a number of individuals including certain Board 08 -:2:12 -'85 241 members, Mr. Dolan had prepared a draft response which he distributed for comment and review. The draft letter was approved with minor modification and the General Manager-Chief Engineer was authorized to execute same. Copies of the Final Solid Waste Management Project Report were distributed and Mr. James J. Kelly, Planning Division Manager, provided a brief update of solid waste activities in the County. Mr. Paul Morsen, Deputy General Manager, reported the status of the franchise renewal process. A draft franchise agreement is being prepared for consideration by the Board at the October 17 Board meeting. d. Mr. Dolan discussed the plan for consolidation of the Planning Division in one location. That location will be in the vacant space on the first floor. Estimated cost is approximately $50,000. A position paper will be presented at the next Board meeting. e. Discussion of the Goals and Objectives Report for the period April 1984 through April 1985 was calendared for September 5,1985. f. Mr. Dolan reported that with regard to the West Branch property in the far southeast section of the County, Mr. James Kelly has sent a letter to Shapell Industries of Northern California advising that District staff would recommend the Board of Directors not oppose the annexation of their property to the District if the following conditions were met: 1) In accordance with normal District procedure, the developer must design and build to District specifications the sewers and, if required, a pump station at the developer's cost. All plans must be reviewed and approved by the District prior to construction. If any sewers are placed in hillside area, plans must be reviewed prior to design. If a pump station is required, either a County service area, maintenance district, or similar entity would have to be establ ished to provide a mechanism to pay for the annual O&M costs associated with pumping. It would be understood that CCCSD personnel would operate and maintain the pump station with the District being reimbursed for all associated costs. 2) 3) The developer must pay connection charges. all appropriate District fees and 4) The incremental cost of providing watershed trunk capacity for the West Branch development would be an additional cost that would be paid by the developers of West Branch. Once the method of serving West Branch is decided, the watershed fees applicable to West Branch can be determined. Shapell has agreed to these conditions. g. Members Boneysteele and Clausen will serve on a committee to review the District's mutual annexation policy that encompasses the cities of Concord and Walnut Creek. 2. 3. 4. COUNSEL FOR lHE DISTRICT None SECRETARY OF THE DISTRICT None BOARD MEM3ERS a. Member Carlson reported on the recent CASA Directors' Meeting. "Co-generation, Is It for You" was discussed by four panelists. A second panel discussion focused on water reclamation policy considerations. Both discussions were well-received and generated i lIIanycom",ents, quest ions, and d i a 1 ogues. ~r"\ . ;¡. ,. 08 22 85 242 b. Member Clausen congratulated President Boneysteele on his election as First Vice President of CASA and Member Carlson on his election to the CASA Board of Directors. The District will issue a press release. c. Member Dalton reported on the Solid Waste Commi ssi on reorganization and the educational series being conducted by the Commission. XIII. MATTERS FROM THE BOARD NOT ON lHE AGENDA Member Clausen requested that if a study session is to be conducted at a meeting prior to a public hearing, that the public notice indicate that the study session will be for Board Members' questions only and that no public input will be taken at that time. XIV. CLOSED SESSION None XV. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None XVI ADJOURNMENT There being no further business to come before the Board, President Boneysteele declared the meeting adjourned at the hour of 10:02 p.m. COUNTERSIGNED: 08 22 85