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HomeMy WebLinkAboutBOARD MINUTES 10-02-86 200 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON OCTOBER 2, 1986 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. President Carlson called the meeting to order and requested that the Secretary call roll. I. ROLL CALL PRESENT: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson ABSENT: Members: None II. PUBLIC COMMENTS None III. APPROVAL OF MINUTES MINUTES OF SEPTEMBER 18,1986 1. It was moved by Member Boney steel e and seconded by Member Dal ton, that the minutes of September 18,1986, be approved as amended. Under XII. REPORTS, BOARD MEMBERS, b., the second paragraph was amended to read: "It was moved by Member Boneysteel e and seconded by Member Carlson, that in conjunction with previously approved attendance at an EPA seminar in Salt Lake City, Member Dalton was authorized to extend his travel plans to include travel to New Orleans to receive a 1 ife membership in APi/A. There being no objection, the motion was approved with Members McNulty and Clausen being absent." There being no objection, the above motion was approved with Members Clausen and McNulty abstaining for the reason that they were not present at the meeting of September 18, 1986. IV. EXPENDITURES 1. EXPENDITURE LIST DATED OCTOBER 2,1986 Member Dalton, member of the Budget and Finance Committee, stated that he and Member Clausen 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 October 2,1986, including Self Insurance Warrant Nos. 100017-100022, Running Expense Warrant Nos. 28274-28563, Sewer Construction Warrant Nos. 3971-4008, and Payroll Warrant Nos. 7972-8220, be approved as presented. There being no objection, the motion was unanimously approved. V. CONSENT CALENDAR It was moved by Member McNulty and seconded by Member Boneysteele, that the Consent Calendar, consisting of fourteen items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Reso 1 ut i on No. 86-119 accept i ng an easement at no cost to the District from DIABLO VALLEY ESTATES HOMEOWNERS ASSOCIATION, Pleasant Hill area (Job 4116 - Parcell) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson 10 02 86 201 NOES: Members: None ABSENT: Members: None 2. Resol ution No. 86-120 accepting an easement at no cost to the District from L. QUEIROlO, et al, Danvil1e area (Job 4103 - Parcel 2) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteel e, Da 1 ton, McNulty, Clausen, Ca rl son NOES: Members: None ABSENT: Members: None 3. Resolution No. 86-121 accepting an easement at no cost to the District from G. G. ALLEN, et ux, Walnut Creek area (Job 4182 - Parcel 2) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteel e, Dalton, McNulty, Clausen, Ca rl son NOES: Members: None ABSENT: Members: None 4. Resol ution No. 86-122 accepting an easement at no cost to the District from E. A. CORTES, Alamo area (Job 1627 ext. - Parcel 1) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteel e, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None 5. Resolution No. 86-123 accepting an easement at no cost to the District from NORTH STATE DEVELOPMENT COMPANY, Concord area (Job 4219 - Parcell) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteel e, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None 6. Resolution No. 86-124 accepting an easement at no cost to the District from MARRIOTT CORPORATION, San Ramon area (Job 4211 - Parcel 4) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Ca rl son NOES: Members: None ABSENT: Members: None 7. Resol uti on No. 86-125 accepti ng an easement at no cost to the District from CREEKSIDE NORTH HOMEOWNERS ASSOCIATION, INC., Wal nut Creek area (Job 4076 - Parcel 1 (ptn» was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson '10 ',0:2 86 202 1.0 02 NOES: Members: None AB SENT: Members: None 8. Resol ution No. 86-126 accepting an easement at no cost to the District from J. R.GARDNER. et al, Wal nut Creek area (Job 4076 - Parcell (ptn» was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteel e, Dalton, McNulty, Clausen, Ca rl son NOES: Membe rs: None ABSENT: Members: None 9. Resolution No. 86-127 accepting an easement at no cost to the District from S. L. BROWN, et al, Walnut Creek area (Job 4076- Parcell (ptn» was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteel e, Da 1 ton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None 10. Resol uti on No. 86-128 accepti ng an easement at no cost to the District from H. S. MORAN, et al, Walnut Creek area (Job 4076- Parcell (ptn» was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Ca rl son NOES: Members: None AB SENT: Members: None 11. Reso 1 ut i on No. 86-129 accepting an easement at no cost to the District from C. ROACH, et al, Orinda area (Job 4182 - Parcel 2) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteel e, Da 1 ton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None 12. The Board was advised of the close out of District Project 2723, Ulfinian Way, and the return of $317 to the Sewer Construction Fund. 13. The Board was advised of the close out of District Project 4267, Monte Vista Sewer Reconstruction, and the return of $4,947 to the Sewer Construction Fund. 14. Execution of Grant of Easement from Contra Costa County for property rights in Walnut Creek, Danville, and San Ramon area; Parcel s 15, 16, 32, 49 through 55, 57, 59, 61 through 66, District Project 3733 for future trunk sewers in the S.P.R.R. Right-of-Way was authorized and Resolution No. 86-130 was adopted. Motion unanimously approved on the following vote: AYES: Boneysteele, Dalton, McNulty, Clausen, Carlson Members: NOES: Members: None 86 203 ABSENT: Members: None CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item XI, Closed Session, was taken out of order to accommodate Mr. Charles Denny, of Crosby, Heafey, Roach & May law firm. XI. CLOSED SESSION 1. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a). The title of the litigation discussed was: a. Peterson-Simpson v. CCCSD No. 190885 At 7:40 p.m., President Carlson declared the closed session to discuss litigation pursuant to Government Code Section 54956.9(a). At 7:53 p.m., President Carlson concluded the closed session and reconvened the meeting into open session. XII. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION At this time President Carlson returned to Item VI. Engineering. VI. ENGINEERING 1. AUTHORIZE $45,390 IN SEWER CONSTRUCTION FUNDS FOR LEGAL ASSISTANCE DURING AUDIT OF THE STAGE 5A-I AND SA-II PROJECTS It was moved by Member Dalton and seconded by Member Clausen, that $45,390 be authorized from Sewer Constructi on Funds for conti nued 1 egal assistance during the audit of the Stage 5A-I and SA-II Projects. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteel e, Dalton, McNulty, Clausen, Carlson NOES: Members: None AB SENT: Members: None 2. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH THE CONTRA COSTA WATER DISTRICT AND CWC-HDR, INC.; AUTHORIZE $88,566 FROM THE SEWER CONSTRUCTION FUND FOR WATER RECLAMATION STUDY, DISTRICT PROJECT 20026 Mr. Roger J. Dolan, General Manager-Chief Engineer, briefly recounted the basis for this study. Mr. James Kelly, Planning Division Manager, described the tasks and technical memoranda that will form the study. In response to a question by President Carlson, Mr. Kelly advised that the study will not obligate the District to any further work, but will provide the Board with a basis on which to make a decision whether or not to proceed with a reclamation project. It was moved by Member Dalton and seconded by Member McNulty, that the General Manager-Chief Engineer be authorized to execute an agreement with Contra Costa Water District and CWC-HDR, Inc. for water reclamation study and that $88,566 be authorized from the Sewer Construction Fund. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None VII. PERSONNEL AUTHORIZE THE ADOPTION OF A RESOLUTION TO APPLY FOR EXCLUSION OF EMPLOYEE RETIREMENT CONTRIBUTIONS FROM EMPLOYEES GROSS INCOME UNDER 1. 1 O~<' 0 2 86 204 THE PROVISIONS OF INTERNAL REVENUE CODE, SECTION 414 (H) (2) AND THE CALIFORNIA GOVERNMENT CODE, SECTION 31581.2 Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Boneysteele and seconded by Member Clausen, that Resolution No. 86-131 applying for exclusion of employee retirement contributions from employee gross income under the provisions of Internal Revenue Code, Section 414 (H) (2) and the California Government Code, Section 31581.2, be adopted and that District staff be authorized to apply to the Internal Revenue Service for such exclusion. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None VIII. ITEMS LATE FOR THE AGENDA None IX. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan, General Manager-Chief Engineer, reported that at the October 16, 1986, Board Meeting a public hearing has been scheduled to consider certification of the Final EIR and approval of the San Ramon Valley Sewer Improvement Project. Following discussion, an Adjourned Regular Board Meeting was scheduled for 6:00 p.m. on Tuesday, October 28, 1986, following the Fortieth Anniversary celebration and dedication of the plant expansion. b. A memorandum describing the status of planning for the Fortieth Anniversary celebration and dedication of our plant expansion was distributed and reviewed. c. Mr. Dol an reported that both the IT and Acme Fill fi rms are in the business of hazardous waste disposal; and, both have requested service from the District. Acme has indicated orally that they would like to treat their leachate from the old 2-1 site and discharge treated effluent to our outfall. We have received nothing in writing to date. IT has requested that the District provi de service by accepti ng treated waste into our Martinez pipeline from a hazardous waste treatment facility which they would build on their property in Pacheco. We have expressed our serious reservation to them and have requested additional information which has not been provided. Our concerns incl ude RCRA regulations, potential damage to the Plant, and public acceptability. Getty has requested that the District accept their condensate. This is a process waste. Although the condensate comes from Acme Fill, Getty is not in the business of disposing of hazardous waste. Staff will keep the Board apprised of future developments on these requests. d. Member Boneysteel e, Mr. Dol an, and Mr. Kelly reported on the September 24, 1986 Solid Waste Management Advisory Committee (MAC) meeting. At that meeting host community mitigation measures requested by West Contra Costa Solid Waste Management Authority (WCCSWMA) for diversion of Central County waste from Acme Fill to West County, were discussed. A meeting has been scheduled for 9:00 a.m. on October 15, 1986, to draft a response to WCCSWMA. e. At the request of Member Boneysteele, consideration of retaining a publ ic advocate for garbage rate review was deferred until after the fi rst of the year so as not to di srupt the staff from the current EPA audi t. f. Mr. Dolan reported that at 9:30 a.m. on October 27, 1986, the Board of Supervisors' Internal Operations Committee will discuss providing oversight for independent special districts' finances. Messrs. 10 02 86 205 Paul Morsen and Walter Funasaki will represent the District at that meeting. Interested Board Members are invited to attend as well. g. Mr. Dolan highlighted the findings of the consultant's report on the District's radio systems. A position paper detailing the recommended improvements will be presented to the Board in the near future. h. Centrifuge prequalification information for the Dewatering System Improvements Project is being requested from potential suppl iers at this time. Because of the variability of available equipment and the importance of having a good match between the equipment purchased and the service application at Central Contra Costa Sanitary District, the District is following an unusual procedure for this project. We are requesting detailed submittals containing specific technical information. After review of these submittals the District woul d prequalify those machines which meet our requirements. Competitive bids would be requested from the prequalified suppliers. The estimated purchase price of the four machines is $1,850,000. 2. COUNSEL FOR THE DISTRICT None 3. SECRETARY OF THE DISTRICT Ms. Joyce McMillan, Secretary of the District, updated the Board on the status of the Records Management Program. Member Boneysteele suggested that a co-op student be hired to work on the program. Staff indicated they would investigate and advise the Board of the findings. 4. BOARD ME~ERS a. Members Clausen and McNulty presented the recommendation of the Annexation Committee for review of the proposed resolution concerning annexation policy and distribution of the proposed policy to public agencies for their comments. Following discussion, it was moved by Member Clausen and seconded by Member McNulty, that the proposed Resolution Regarding Annexation Policy as presented, be distributed to all city councils within the District's jurisdiction and to Local Agency Formation Commission (LAFCo) for their comments; and that this matter be calendared for adoption on November 6, 1986, unless otherwise requested by a city council or LAFCo. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Membe rs: None ABSENT: Members: None b. Member Boneysteele reported on the recent meeting of the County-wide Planning Congress. Member Boneysteele advised that he has requested Planning Division Manager James Kelly to designate a member of his staff as the District's voting substitute to the Planning Congress in the event Member Boneysteele is unable to attend a meeting. c. Member Dalton reported on the October 1, 1986, Sol id Waste Commission meeting. Discussion centered on control of the waste stream. As required by law, the Solid Waste Commission is reviewing the existing Soli d Waste Management Pl an. Member Dal ton requested that the staff review the existing Plan and advise him of any changes that may be appropriate. d. President Carlson advised that he will be unable to attend the November 6, 1986 Board Meeting and requested that President Pro Tem Clausen chair that meeting. e. Paul Morsen, Cathryn Freitas, Harriette Stahl, Ken Grubbs, and Son Nguyen were commended on the excellent quality of the Annual Report. 1,0;:," 0.2',' 86. 206 X. MATTERS FROM THE BOARD NOT ON THE AGENDA None XI. CLOSED SESSION This item was taken out of order earlier in the agenda. XII. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION This item was taken out of order earlier in the agenda. XIII. ADJ OURNMENT There being no further business to come before the Board, President Carlson adjourned the meeting at the hour of 9:40 p.m. /, í' I. ", I /íj( -t.l- ~~¡ Vt--- President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: , , 10, 02 86