Loading...
HomeMy WebLinkAboutBOARD MINUTES 01-09-86 61 MINUTES OF THE ADJ OURNED REGULAR BOARD r.EETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JANUARY 9, 1986 The Di strict Board of the Central Contra Costa Sanitary Di strict convened in an adjourned regular meeting at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 7:30 p.m. on January 9, 1986. President Boneysteele called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Carlson, Dalton, McNulty, Clausen, Boneysteele ABSENT: Members: None 1. ELECTION OF DISTRICT BOARD PRESIDENT AND PRESIDENT PRO TEM Member Clausen stated that in the past it has been the District Board policy to rotate the Presidency. On that basis, it was moved by Member Cl ausen and seconded by Member Dal ton, that Presi dent Pro Tem Carl son be el ected 1986 Di strict Board Presi dent. Motion unanimousl y approved on the following roll call vote: AYES: t-1embe rs: Ca rl son, Dalton, McNulty, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None It was moved by Member Dalton and seconded by Member McNulty, that Member Clausen be elected to serve as President Pro Tem of the District Board of 1986. Motion unanimously approved on the following roll call vote: AYE S: Members: Ca rl son, Dalton, McNulty, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None President Boneysteele extended his thanks to the Board and staff for the cooperation he received as District Board President. President Boneysteele congratulated Member Carlson on his electiDn and transferred the gavel to him. On behalf of the Board, President Carlson expressed appreciation for the job President Boneysteele did during the past year. Many District probl ems were resol ved i ncl udi ng the Concord meteri ng and SA i ssues. President Carlson expressed the hope that during 1986 areas of concern with the Water District could be resolved. President Carlson advised the Board of an unavoidable prior commitment and that the would have to leave the meeting at 8:10 p.m. II. PUBLIC COMMENTS None III. APPROVAL OF MINUTES 1. APPROV AL OF MINUTES OF DECEMBER 5, 1985 It was moved by Member Dal ton and seconded by Member Boneysteel e, that the minutes of December 5, 1985, be approved with the following addition: Under Item XII. sentence was added: REPORTS, 4. BOARD MEMBERS, e., the following "At that meeti ng the Town Counci 1 unani mousl y 1~ (t.9! &6 62 decided not to proceed with negotiation of franchise garbage collection operations by the town." There being no objection, the motion was unanimously approved. IV. EXPENDITURES 1. EXPENDITURE LIST DATED JANUARY 9,1986 Member Dalton, member of the Budget and Finance Committee, stated he and Member Cl ausen have reviewed the expenditures and found them to be satisfactory. It was moved by Member Dalton and seconded by Member Clausen, that the Expenditure List dated January 9, 1986, including Running Expense Warrant Nos. 23470-23736, Sewer Construction Warrant Nos. 3375-3403, and Payroll Warrant Nos. 5830-6056, be approved as presented. There being no objection, the motion was unanimously approved. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None V. ENGINEERING CONSIDER THE REQUEST BY MR. DAVID DEUTSCHER CONCERNING CONDEMNATION OF A PUBLIC SEWER EASEMENT IN PLEASANT HILL (JOB 4048) 1. Mr. Roger J. Dol an, General Manager-Chief Engi neer, stated that since the last discussion of this matter with the Board, there have been a number of staff activities. Mr. Jay S. McCoy, Construction Division Manager, showed slides of the Deutscher subdivision and two possible sewer routes to serve the development. Mr. Robert A. Baker, Deputy Chief Engineer, reviewed the history and current status of the Deutscher project. Mr. Deutscher has requested that the Board ask the city of Pleasant Hill to proceed with a condemnation action and that the Board overrule the staff recommendation and accept the creek crossing design. A Board and staff discussion followed concerning the feasibility of raising the level of the subdivision, the possibility of a rebate line to serve other parcels, and the Linda Lane alternative. President Carl son voiced concern with the engi neeri ng and condemnation issues relating to the two alternatives under consideration. For those reasons, staff was requested and has prepared an economic analysis of the differential maintenance cost between the Linda Lane sewer alternative and the creek crossing alternative for the Board's review. Considering the seriousness of this issue, President Carlson requested that the Board review and consider the analysis in their decision. At this time President Carlson apologized to the public, staff, and the Board and requested that he be excused. President Carlson turned the meeting over to President Pro Tem Clausen. President Pro Tem Clausen comments from the developer. indicated the Board would now hear Mr. Irvin Deutscher stated that he has an estimate in the amount of $30,000 from WW Construction for construction of the creek crossing al ternative. Mr. Deutscher expl ai ned the reason for the di fference in calculations of the 25 year storm condition, was that his engineer analyzed the depth of flow based on the slope of the creek bed 100 feet on either side of the crossing rather than calculate the hydraul ics to the full length of the creek as the District did. Mr. Deutscher requested that the Board approve referral of this matter to the city of Pleasant Hill for condemnation with the understanding that the condemnati on was approved subject to Di strict approval of the ~onstruction drawings. 86 99; 1 63 At thi s time Presi dent Pro Tem Cl ausen requested comments from homeowners and hearing none, requested staff comments. Mr. Dolan stated that Mr. Alkire, City Manager of the city of Pleasant Hill, has indicated that the City Council has no interest in condemning and sees this purely as a Sanitary District issue. Mr. Deutscher advised that his son, David Deutscher, has spoken with Mr. Alkire. In that conversation Mr. Alkire indicated that if the Sanitary District requested the city of Pleasant Hill to proceed on the basis of great necessity, that would el iminate their problem with the condemnation. Following discussion, it was moved by Member Dalton and seconded by Member Boneysteele, that Mr. Deutscher's request that the Board ask the city of Pleasant Hill to condemn an easement through the property of Mr. Stokes be denied without prejudice, that Mr. Deutscher's request that the Board approve the creek crossing sewer alternative as currently designed be denied, and that future design review considerations be referred to staff for routine processing. Motion approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen NOES: Membe rs: None ABSENT: Members: Carlson Staff was directed to work with the Deutschers, Cotton-Champlin, and other property owners in the area to work out the financial feasibil ity for providing the sewer in Linda Lane and report back to the Board. In addition, the Board requested further cost analysis of the Linda Lane and creek crossing alternatives. VI. BUDGET AND FINANCE 1. RECEIVE ANNUAL STATEMENT OF INVESTMENT POLICY Mr. Dolan, General Manager-Chief Engineer, advised that the Investment Policy currently before the Board for consideration is identical to the policy adopted in 1985 with the exception that all investment transactions of $5 million or less now require the countersignature of the Deputy General Manager. Following discussion, it was moved by Member McNulty and seconded by Member Dalton, that clarifying language be added to Section IX, Controls, and with that change the District's Investment Policy be received. Motion approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen NOES: Members: None ABSENT: Members: Carl son VII. LEGAL/LITIGATION DENIAL OF $100,000 CLAIM FOR PROPERTY DAMAGE FROM GERALD AND PATRICIA ORTLAND 1. Mr. Hazard, Counsel for the Di strict, requested that thi s item be held pending discussion of new developments in closed session. The Board concu rred. VIII. ITEMS LATE FOR THE AGENDA None l~ ~ "'9"' " ,~ ~.,'. 0, "" 8.6 ,~ ",------,----' ",-------" ' -".,,- --"""""--------- 64 IX. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dol an, General Manager-Chief Engi neer, reported that a Comprehensive Plan Review Advisory Committee is being formed by the County to assi st in review and update of the County General Pl an. The committee will consist of one representative from each of the 18 cities in the County, three county representatives to be appointed by the Board of Supervisors, and six at-large members. Staff can see advantages which would result from District participation. If the Board agrees, we would encourage the Board to seek a District seat on this committee and to appoint a Board Member to fill it. The Board concurred. Member Boneysteele indicated he would be willing to serve. b. As part of the environmental review/public participation process on the San Ramon Valley Pipeline Project, the District will conduct an in-house planning session and seminar on February 18, 19, and 20,1986. Board Members are invited to attend. c. Mr. Dolan received Board authorization to attend the AMSA meeting on February 4, 5, 6, and 7, 1986. The meeting will cover toxic waste regulations as they affect wastewater treatment facilities. As a result of attending this meeting Mr. Dolan will not be present at the February 6, 1986 Board meeting. Mr. Morsen will act in his behal f at this meeting. 2. COUNSEL FOR THE DISTRICT Mr. Hazard, Counsel for the District, requested approval for Mr. Kent Alm to attend the February AMSA meeting. Mr. Hazard indicated that Mr. Alm's time would be donated but requested that expenses be reimbursed by the Di strict. It was moved by Member McNulty and seconded by Member Dalton, that Roger J. Dolan and Kent Alm be authorized to attend the AMSA meeting on February 4, 5, 6, and 7, 1986. Motion approved on the following roll call vote: AYES: NOES: Members: Boneysteele, Dalton, McNulty, Clausen Members: None ABSENT: Members: Carlson 3. SECRETARY OF THE DISTRICT a. Ms. Joyce McMillan, Secretary of the District, distributed the Training and Conference Summary for the period October-December 1985. b. Ms. McMillan advised the Board that off-year campaign statements for the period July 1, 1985, through December 31, 1985, must be filed in the County Elections Office no later than January 31, 1986. 4. BOARD MEMBERS a. Member Dalton reported that at the January 8, 1986 Sol id Waste Commission meeting a status report of the three privately owned landfill sites was presented. It appears that it will be one to two months before they will be ready to publish the EIR documents. b. President Pro Tem Clausen reported that on January 7, 1986, he, Member McNulty, and Mr. Dolan attended Supervisor Schroder's liaison meeting in Danville. X. MATTERS FROM THE BOARD NOT ON THE AGENDA Member Boneysteele requested that staff provide copies of the draft refuse collection franchise agreement as modified and the position paper outlining the modifications to the mayors and city manager of the cities in sufficient time for comment. 1 '. O~~9 ~. 86- 65 Mr. Paul Morsen, Deputy General Manager, stated that he would ensure the information was delivered by January 27 or 28,1986. XI. CLOSED SESSION 1. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a). The titles of the 1 itigation discussed were: a. CCCSD v CCWD (Alum Sludge) Contra Costa County Superior Court No. 253195 CCWD v CCCSD (Water Reclamation) Contra Costa County Superior Court No. 258786 b. 2. SIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section 54956.9(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. The matter to be discussed is the Ortl and cl aim. At 9:18 p.m., President Pro Tem Clausen declared the closed session to discuss litigation pursuant to Government Code Sections 54956.9(a) and (b). At 10:30 p.m., President Pro Tem Clausen concluded the closed session and reconvened the meeting into open session. XI1. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION At this time, President Pro Tem Clausen returned to Item VII. LEGAL/ LITIGATION, which was deferred pending discussion in closed session. VII. LEGAL/LITIGATION 1. DENIAL OF $100,000 CLAIM FOR PROPERTY DAMAGE FROM GERALD AND PATRICIA ORTLAND It was moved by Member Dalton and seconded by Member McNulty, that the cl aim of Geral d and Patrici a Ortl and i n the amount of $100,000 against the District be denied and referred to staff for further action as necessary. There being no objection, the motion was approved with Member Carlson being absent. XIII. ADJ OURNMENT There being no further business to come before the Board, President Pro Tem Clausen adjourned the meeting at the hour of 10:32 p.m. ~ President of the Board of Directors Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: tk t. rn r ary of the Central Contra osta Sanitary District, County of Contra Costa, State of California 1 i~{O 9~ '86 ), r"