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HomeMy WebLinkAboutBOARD MINUTES 08-17-95 149 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON AUGUST 17, 1995 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, at 2:00 p.m. on August 17, 1995. President Hockett called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Menesini, Dalton, Rainey, Boneysteele, Hockett ABSENT: Members: None 2. PUBLIC COMMENTS None 3. CONSENT CALENDAR Following discussion of the Knox Drive Sewer Replacement Project and difficulties encountered with directional drilling, it was agreed that an ad hoc committee meeting will be scheduled to discuss tunneling issues and technologies. It was moved by Member Boneysteele and seconded by Member Rainey, that the Consent Calendar, consisting of Items a. and b., be approved as recommended and recordings authorized as appropriate. a. The contract work performed by Underground Construction Company, Inc. for construction of the Knox Drive Sewer Replacement Project, DP 4602, was accepted and the filing of the Notice of Completion was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Rainey, Menesini, Dalton, Hockett None None b. A public notice was authorized, advising that documentation used in the determination of the appropriations limit shall be available fifteen days prior to the Board meeting to be held on September 7, 1995, at which the appropriations limit for the Sewer Construction Fund for the fiscal year 1995-1996 will be established. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Rainey, Menesini, Dalton, Hockett None None 4. HEARINGS a. HOLD PUBLIC HEARING ON INHABITED DISTRICT ANNEXATION 132. AS AMENDED BY THE LOCAL AGENCY FORMATION COMMISSION (LAFCQ); AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AGREEMENTS WITH TWO PROPERTY OWNERS; AND CONSIDER ANNEXATION 08 17 95 150 President Hockett stated that the purpose of this hearing is to receive public comments on proposed District Annexation 132 as amended by LAFCO. Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that the territory contained in this proposed annexation was discussed at a previous Board Meeting. In addition, Board Members Menesini and Boneysteele visited the area and nearby pumping stations. At 2:07 p.m., President Hockett opened the public hearing to receive comments on proposed inhabited District Annexation 132 as amended by the Local Agency Formation Commission (LAFCO). There being no comments, the public hearing was closed. Following discussion relative to gravity flow and the need for pumping to serve a portion of the proposed annexation, it was moved by Member Rainey and seconded by Member Dalton, that the General Manager-Chief Engineer be authorized to execute the agreements regarding potential future sewer service with Corrie Development Corporation, APN 206- 132-010, and Tassajara Investors, Inc., APN 206-132-009, the owners of the two eastern parcels added by LAFCO; and that Resolution No. 95-066 be adopted, certifying that the Board has reviewed the Negative Declaration, ordering the filing of an appropriate Notice of Completion, and there being no written protests filed, ordering the annexations of inhabited District Annexation 132 as amended by LAFCO. Motion unanimously approved on the following vote: None a. 08 17 AYES: Members: NOES: Members: ABSENT: Members: Rainey, Dalton, Menesini, Boneysteele, Hockett None None 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER 6. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that an unforeseen site condition has arisen on the Pleasant Hill Relief Interceptor Project which may result in a change order. Mr. Dolan introduced Senior Engineer Tad Pilecki who described the Pleasant Hill Relief Interceptor Project location and status. Mr. Pilecki stated that the project is approximately 25 percent complete. The contractor encountered a problem about 400 feet into the tunneling in the K-Mart parking lot. Mr. Pilecki showed slides and described the unusual site condition which was not identified in the borings and soils report. Wood, boulders, and other debris were encountered for about 70 feet. Pressures became extremely high, causing equipment problems. It was necessary to dig the equipment up and take it out of the ground. This required a 30-foot wide hole. Mr. Pilecki stated that staff believes there was a changed site condition and that a substantial change order may result. Mr. Dolan thanked Mr. Pilecki for the update and stated that staff will keep the Board apprised of new developments. 2) Mr. Dolan, General Manager-Chief Engineer, provided an update on the M-4 Force Main repair. Mr. Dolan stated that the Board will recall in December 1994, about one and one-half or two years after completing installation, a leak developed in the M-4B Force Main. Sewage flows were switched to the older M-4A Force Main, and the new line was shut down for investigation and reconstruction. It was then found that the older line M-4A line had been damaged in two locations where Southern Pacific installed fibre optic cable along the pipe route. Repairs were made, and the M-4A line has been in service since that time. The newer M-4B Force Main has now been dewatered and a television inspection conducted. It appears that the pipe separated where two sections were welded together. The contractor and pipe suppliers are working with Collection System Operations 95 b. 151 (CSO) Department and Engineering Department employees to fix the problem and also to correct structural shortcomings of the pipeline. Even though the one year warranty period has expired, the problem is clearly associated with hidden defects resulting from construction. The estimated cost of this effort is $30,000 for outside contractors and $70,000 for staff work. Since none of the contracts are more than $10,000, this item will not be calendared for Board action, but staff wished to keep the Board informed. 3) Mr. Dolan, General Manager-Chief Engineer, stated that good progress is being made on solid waste issues. The ambitious rate setting and contract negotiation schedule is being met. Deputy General Manager Paul Morsen is officially transmitting a summary of the draft rates as well as a summary of the consensus reached on rate issues to the Cities of Lafayette and Orinda and the Towns of Danville and Moraga, requesting their response by August 31, 1995. The matter will then be calendared for consideration by the District Board on September 7, 1995 and by the Central Contra Costa Solid Waste Authority (CCCSWA) Board on September 14, 1995. Staff will be advising the County of a couple rate issues, one in the Dougherty Valley raised by Supervisor Gayle Bishop and one relating to the possible annexation of the Pleasant Hill BART area to either the City of Pleasant Hill or the City of Walnut Creek. Mr. Dolan stated that he will be out of town and unable to attend the CCCSWA Board meeting on August 24, 1995. Mr. Morsen will attend in his place. Mr. Dolan briefly highlighted some of the items calendared for consideration at that meeting. Following discussion, it was noted that the proposed legislation relating to Alternative Daily Cover has been delayed until January 1996, and it was agreed that the request for support of that legislation be removed from the August 24, 1995 CCCSWA agenda. Mr. Paul Morsen, Deputy General Manager, reported that he attended the Orinda City Council meeting on August 15, 1995. An item had been calendared on that agenda to give notice of the City of Orinda's intent to franchise for solid waste and recycling service as of March 1, 1996, and providing notice that neither the District nor CCCSWA are authorized to enter into solid waste or recycling service contracts on behalf of the City in the post-February 1996 period. Mr. Morsen stated that the City Manager, Mr. Bill Lindsay, recommended that the City adopt instead paperwork similar to that adopted by the District, the County, and the City of Walnut Creek, delegating authority to CCCSWA. Mr. Lindsay believes that there are at least three votes on the Orinda City Council for the City to join CCCSWA and be seated in March 1996. The Orinda City Council will consider this matterfurther on August 29, 1995. Mr. Morsen stated that staff is drafting language to ensure that the contract will still be in force for the other areas even if the City of Orinda withdraws. Following discussion, the Board thanked Mr. Morsen for his update. Mr. Dolan stated that copies of letters between the District, its auditors, and Mr. Doug Lomow, of Orinda Moraga Dispose-All, relative to the information that would be needed for consideration of a rate application have been provided to the Board. Discussion followed with regard to monies owed to the District by Orinda Moraga Dispose-All. Mr. Dolan reported that Mt. View Sanitary District has included an article on the proposed joint Household Hazardous Waste Facility in its publication to its citizens. Mr. Dolan distributed copies of the publication for the Board's information. COUNSEL FOR THE DISTRICT 1 ) Mr. Kenton L. Aim, Counsel for the District, stated that the draft Transitional Agreements were reviewed in detail at the last Board meeting. Following a brief discussion, it was moved by Member Rainey and seconded by 08 95 17 152 c. d. 08 Member Dalton, that the Transitional Agreement between County of Contra Costa and Central Contra Costa Sanitary District for the Collection of Solid Waste within Certain Unincorporated Areas to be within the Jurisdiction of the Central Contra Costa Solid Waste Authority (CCCSWA) and the Transitional Agreement between County of Contra Costa and Central Contra Costa Sanitary District for the Collection of Solid Waste within Certain Unincorporated Areas of the North Concord/Pacheco/Clyde Solid Waste Franchise Area were approved, and the General Manager-Chief Engineer was authorized to execute said Transitional Agreements. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Dalton, Menesini, Boneysteele, Hockett None None 2) Mr. Aim, Counsel for the District, stated that the issue of keeping a closed session minute book or having recordation of votes taken in closed session has been calendared for discussion. Mr. Aim reviewed the various options available to the Board to ensure compliance with the Ralph M. Brown Act. Following discussion, it was the consensus of the Board that the Secretary of the District officially record decisions made or votes taken in closed session. During the closed session, a security officer will be present in the Board Room to assist members of the public should the need arise. SECRETARY OF THE DISTRICT None BOARD MEMBERS 1 ) Member Boneysteele stated that he is very impressed with the progress made on solid waste matters and the solid and complete staff work. Members Rainey and Hockett have done a great job. Member Menesini acknowledged the Board and staff efforts, and recognized the leadership role the District has played in the solid waste area. . Member Rainey stated that the solid waste workshop format was excellent and the participation by City and Town officials was very good. The status of contract negotiations with Browning-Ferris Industries (BFI), and employment of displaced Valley Waste Management employees were discussed briefly. Staff was requested to report back to the Board with more information on this matter at a future Board meeting. 2) Update on Local Agency Formation Commission (LAFCO) activities was deferred. 3) Members Menesini, Boneysteele, and Rainey reported on the August 9-1 2, 1995 California Association of Sanitation Agencies (CASA) Annual Work Conference at which reorganization of local government was a major topic of discussion. Member Menesini suggested that the District Board and staff consider ways to generate some kind of public acknowledgment of the activities and services provided by the District. Member Rainey suggested that a delegation of special district representatives visit local legislators every other year. It was agreed that this item will be calendared for discussion at the September 21, 1995 Board Meeting. District Counsel will check on the timing, and when appropriate, schedule a report on the citizens' suit against the City of Portland and the possibility of joining in an amicus curiae brief with the City of Portland. 17 95 153 7. ADMINISTRATIVE a. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO ALLOCATE $67.000 FROM THE GENERAL IMPROVEMENT PROGRAM CONTINGENCY ACCOUNT TO COMPLETE THE DEVELOPMENT OF AN EMERGENCY OPERATION CENTER (EOC) AND ALTERNATE FACILITY Mr. Dolan, General Manager-Chief Engineer, stated that an overview of the proposed Emergency Operations Center (EOC) and alternate facility was presented at the last Board meeting. Allocation of funds for the EOC is now requested. It was moved by Member Rainey and seconded by Member Dalton, that the General Manager-Chief Engineer be authorized to allocate $67,000 from the General Improvement Program Contingency Account to complete the Emergency Operations Centers originally included in the 1994-1995 Capital Improvement Budget. There being no objection, the motion was unanimously approved. 8. ENGINEERING a. ESTABLISH SEPTEMBER 7. 1995. AS THE DATE FOR A PUBLIC HEARING TO RECEIVE COMMENTS ON PROPOSED ABANDONMENT OF THE BOLLINGER CANYON LEACH FIELD Mr. Dolan, General Manager-Chief Engineer, introduced Ms. Lynne Putnam, Senior Engineer, who provided background information and described the Bollinger Canyon area. Ms. Putnam stated that the leach field was installed about 28 years ago anticipating there would be development in the canyon. Since that time the County General Plan has discouraged development in the area and the leach field has reached the end of its useful life. It would not be possible to connect any new customers and since there is no real demand, staff recommends that the Board conduct a public hearing to consider abandonment of the leach field. Following discussion of potential liability, it was moved by Member Rainey and seconded by Member Menesini, that September 7, 1995 at 2:00 p.m. be established as the date and time for a public hearing to receive comments on abandoning the Bollinger Canyon Leach Field. There being no objection, the motion was unanimously approved. b. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE A TWO- MONTH EXTENSION TO A WASTEWATER DISCHARGE PERMIT CONTRACT WITH ACME FILL CORPORATION Mr. Dolan, General Manager-Chief Engineer, stated that Acme Fill Corporation has had problems bringing its leachate treatment facility on line. Now there seems to be improved operations but things have not yet stabilized. Staff would recommend a two-month extension to the existing permit contract to allow Acme to work on stabilization of the process. It was moved by Member Dalton and seconded by Member Rainey, that the General Manager-Chief Engineer be authorized to execute a two-month extension to the current permit contract, with modifications, with Acme Fill Corporation. There being no objection, the motion was unanimously approved. 9. APPROVAL OF MINUTES a. MINUTES OF REGULAR MEETING OF AUGUST 3. 1995 It was moved by Member Rainey and seconded by Member Menesini, that the minutes of the Regular Meeting of August 3, 1995 be approved with correction of the typographical error on page 4. In the last sentence of the last bullet, the word "experience" was changed to the word" experienced." There being no objection, the motion was unanimously approved. 08 17 95 ---.--.-.---------- 154 b. MINUTES OF ADJOURNED REGULAR MEETING OF AUGUST 8. 1995 It was moved by Member Menesini and seconded by Member Boneysteele, that the minutes of the Adjourned Regular Meeting of August 8, 1995, be approved as presented. There being no objection, the motion was unanimously approved. 10. APPROVAL OF EXPENDITURES EXPENDITURE LIST DATED AUGUST 17. 1995 a. Member Menesini, Chair of the Budget and Finance Committee, stated that he and Member Boneysteele reviewed the expenditures and found them to be satisfactory. Member Boneysteele stated that Committee Members and staff found some difficulty with the new meeting time. Following discussion, it was agreed that the Budget and Finance Committee will meet at 1 :00 p.m. to review expenditures. Lunch will be brought in. It was moved by Member Menesini and seconded by Member Boneysteele that the Expenditure List dated August 17, 1995, including Self-Insurance Check Nos. 100993- 100994, Running Expense Check Nos. 91082-91378, Sewer Construction Check Nos. 15990-16057, and Payroll Check Nos. 39186-39491, be approved as recommended. There being no objection, the motion was unanimously approved. 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 12. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None 13. CLOSED SESSION INITIATION OF LITIGATION a. Pursuant to Government Code Section 54956.9(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 subject of the potential litigation is Shell Oil Company/Basin A. At 4:38 p.m., President Hockett declared the closed session to discuss litigation pursuant to Government Code Section 54956.9(c). At 5:05 p.m., because of a potential conflict of interest, Member Boneysteele left the closed session. It was noted that Member Boneysteele's revocable family trust owns Shell stock in excess of $10,000. At 5: 18 p.m., President Hockett concluded the closed session and reconvened the meeting into open session. 14. REPORT OF DISCUSSIONS IN CLOSED SESSION It was noted for the record that no decisions were made or votes taken in closed session that require reporting at this time. 08 17 95 15. ADJOURNMENT There being no further business to come before the Board, President Hockett adjourned the meeting at the hour of 5:20 p.m. COUNTERSIGNED: þ . / /,/ ~/ ;;. /~~:,'lf>JJ- President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California 08 17 155 95