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HomeMy WebLinkAboutBOARD MINUTES 03-07-91 33 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MARCH 7, 1991 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 3 p.m. on March 7, 1991. In the absence of President Clausen, President Pro Tem Dalton called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Boneysteele, Carlson, Rainey, Dalton ABSENT: Members: Clausen President Clausen had advised staff that he would be late for the meeting and requested that he be excused. President Clausen entered the meeting at the hour of 4:20 p.m. 2. PUBLIC COMMENTS None 3. HEARINGS a. HOLD A HEARING AND ADOPT A RESOLUTION OF NECESSITY FOR THE PURPOSE OF INITIATING ACQUISITION OF PUBLIC SEWER EASEMENTS BY EMINENT DOMAIN FOR THE ARLENE DRIVE SEWER IMPROVEMENT PROJECt, DP 4539 At 3:02 p.m., President Pro Tem Dalton opened the hearing to receive comments concerning adoption of the proposed resolution of necessity for the purpose of initiating acquisition of public sewer easements by eminent domain for the Arlene Drive Sewer Improvement Project. Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that since the position paper was written and the agenda distributed, there has been a change. At the time the position paper was written, the action vis-a-vis Mr. and Mrs. Morris was due to the fact that an agreement concerning the purchase price of the easements across their property had not been reached. The action related to Mr. and Mrs. Batts was done for an entirely different reason, to provide an independent third party review of the arm's length agreement between a manager at the District and the District. An agreement has now been reached with Mr. and Mrs. Morris. Staff would recommend that the Board proceed with the condemnation action with regard to Mr. and Mrs. Batts. Board and staff discussion followed concerning the procedure to be followed, the function of the Board of Directors, and the method used to determine the value of the easements. Receipt of correspondence from Mr. G. Scott Morris and Mrs. Laura J. Morris withdrawing their previous request to address the Board, was noted. There being no further comments or correspondence, President Pro Tem Dalton closed the hearing at the hour of 3: 13 p.m. It was moved by Member Boneysteele and seconded by Member Carlson, that Resolution No. 91-011, Resolution of Necessity to Acquire Permanent and Temporary Sewer Easements by Eminent Domain for the Arlene Drive Sewer Improvement Project, DP" 4539, be adopted. Motion approved on the following roll call vote: AYES: Members: Boneysteele, Carlson, Rainey, Dalton NOES: Members: None ABSENT: Members: Clausen ;03 .07 ,9:,1 34 :o~ 4. CONSENT CALENDAR It was moved by Member Rainey and seconded by Member Carlson, that the Consent Calendar, consisting of Items a. through c., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. March 21, 1991, at 3 p.m. was established as the date and time for the public . hearing on the proposed Source Control Ordinance and District staff was authorized to publish a notice of the public hearing. There being no objection, the motion was approved with President Clausen being absent. b. The draft Fiscal Year 1991-1992 Capital Improvement Budget/1991 Capital Improvement Plan was received for review and April 4, 1991, at 3 p.m., was established as the date and time for a public hearing to receive comments on the draft budget and plan. There being no objection, the motion was approved with President Clausen being absent. c. The attendance of Susan Hasselwander, Chemist I, was authorized at the American Chemical Society's Laboratory and Health Training Course on May 29- 31, 1991, in San Francisco, at a cost of $1,100. There being no objection, the motion was approved with President Clausen being absent. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Dolan, General Manager-Chief Engineer, requested that Item 13., Closed Session, be taken out of order when Mr. Bob Nootbaar arrives. The Board concurred. 5. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER-CHIEF 'ENGINEER TO EXECUTE AN AGREEMENT WITH JAMES M. MONTGOMERY ENGINEERS FOR PREPARATION OF THE DISINFECTION FACILITIES PLAN <DP 20100) Mr. Dolan, General Manager-Chief Engineer, stated that the Disinfection Facilities Plan will describe alternatives for disinfection comparing cost, operations. and maintenance implications, safety, reliability, and regulatory impacts. The plan will include recommendations for phasing and project funding. Following discussion, it was moved by Member Rainey and seconded by Member Boneysteele, that the General Manager-Chief Engineer be authorized to execute an agreement with James M. Montgomery Engineers for $315,000 for preparation of the Disinfection Facilities Plan (DP 20100)." Motion approved on the following roll call vote: AYES: Members: Rainey, Boneysteele, Carlson, Dalton NOES: Members: None ABSENT: Members: Clausen b. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH JOHN CAROLLO ENGINEERS FOR FINAL DESIGN OF THE STANDBY POWER FACILITIES Mr. Dolan, General Manager-Chief Engineer, stated that the Standby Power Facilities will provide power in the event of loss of power by PG&E. The District is also looking at a co- generation project that would be a supplement to this project. It was moved by Member Carlson and seconded by Member Rainey, that the General Manager-Chief Engineer be authorized to execute a Cost Reimbursement Agreement with a cost ceiling of $249,335 with John Carollo Engineers for final design services for the Standby Power Facilities. Motion approved on the following roll call vote: '0,7 ~"1 35 AYES: Members: Carlson, Rainey, Boneysteele, Dalton NOES: Members: None ABSENT: Members: Clausen c. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO ALLOCATE $74,000 FROM COLLECTION SYSTEM PROGRAM CONTINGENCY ACCOUNT FOR SOUTH BROADWAY SEWER RELOCATIONS PROJECT. DP 4826 Mr. Dolan, General Manager-Chief Engineer, stated that when the South Broadway extension goes in, the City of Walnut Creek will place a soundwall in close proximity to the District easement which will make it difficult to maintain an already déteriorating pipe. The City of Walnut Creek has agreed to secure new easements for the District's pipeline, and the District will relocate the pipeline. This authorization will fund the study of options for relocation of this pipe. Member Carlson expressed concern that there may be solid rock in that area, and it may be best not to relocate the pipeline. Following discussion, Mr. Robert A. Baker, Deputy Chief Engineer, stated that Member Carlson's point was well taken. While it appears it will be necessary to move the pipe the effort funded by this authorization will enable the. District to quantify these concerns and examine alternatives. Mr. Dolan stated that staff will come back to the Board with the findings of the facility plan. It was moved by Member Rainey and seconded by Member Carlson, that the General Manager-Chief Engineer be authorized to allocate $74,000 to the South Broadway Sewer Relocations Project, DP 4826, from the Collection System Program Contingency Account. Motion approved on the following roll call vote: AYES: Members: Rainey, Carlson, Boneysteele, Dalton NOES: Members: None ABSENT: Members: Clausen 6. TREATMENT PLANT a. BOARD ACCEPTANCE OF THE 1990 SELF-MONITORING PROGRAM REPORT It was moved by Member Boneysteele and seconded by Member Rainey, that the 1990 Annual Self-Monitoring Program Report be accepted. There being no objection, the. motion was approved with President Clausen being absent. 7. APPROVAL OF MINUTES a. MINUTES OF FEBRUARY 7, 1991 It was moved by Member Rainey and seconded by Member Carlson, that the minutes of February 7, 1991, be approved with the following amendment: In the first sentence of the second paragraph on page 8, the word "wasil was deleted, and the words "and Director Boneysteele were II were added following the word "staff." There being no objection, the motion was approved with President Clausen being absent. - . b. MINUTES OF FEBRUARY 21. 1991 It was moved by Member Rainey and seconded by Member Carlson, that the minutes of February 21, 1991, be approved as presented. There being no objection, the motion was app~oved with President Clausen being absent. 03 0,,7. .91 36 8. APPROVAL OF EXPENDITURES EXPENDITURE LIST DATED MARCH 7, 1 991 a. Member Rainey, member of the Budget and Finance Committee, stated that in the absence of President Clausen, she and Member Boneysteele reviewed the expenditures and found them to be satisfactory. It was moved by Member Rainey and seconded by Member Boneysteele, that the Expenditure List dated March 7, 1991, including Self-Insurance Check Nos. 100507- 100511, Running Expense Check Nos. 58470-58801, Sewer Construction Check Nos. 9329-9380, and Payroll Check Nos. 23174-23452, be approved as recommended. There being no objection, the motion was approved with President Clausen being absent. 9. BUDGET AND FINANCE CONSIDER ADDITIONAL REQUEST FOR SEWER SERVICE CHARGE REFUND BY CREEKSIDE GLEN APARTMENTS a. Mr. Kenton L. Aim, Counsel for the District, briefly discussed ambiguities which exist in Senate Bill 1821 relating to the refund of Sewer Service Charge requested by Creekside Glen Apartments. Following discussion, it was moved by Member Carlson and seconded by Member Rainey, that consideration of the additional request for Sewer Service Charge refund by Creekside Glen Apartments be deferred until June 6, 1991, for a report from District Counsel. There being no objection, the motion was approved with President Clausen being absent. b. CONSIDER FEE IMPOSED BY CONTRA COSTA COUNTY TO DEFRAY PROPERTY TAX ADMINISTRATIVE EXPENSES PURSUANT TO SB 2557 In view of the possibility that the basis for the property tax administrative fee may be voided or its method of collection significantly changed by subsequent legislative action, Mr. Dolan, General Manager-Chief Engineer, recommended that the matter be delegated to staff to consider all the variables and return to the Board with a recommendation when a clear course of action is evident. The Board concurred. 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None . 11. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, distributed the Commercial/Apartments Recycling Brochure and indicated that the program will be implemented during the next two to five months throughout the Valley Waste Management and Orinda-Moraga Disposal Service areas. Mr. Paul Morsen, Deputy General Manager, displayed the containers that will be used. The Board complimented Elaine Jacobs, Colleen Camicia, and the Graphics Section on the excellent brochure. 2) The Draft Fiscal Year 1991-1992 Capital Improvement Budgetl1991 Ten- Year Capital Improvement Plan was distributed. Following discussion, it was decided that a workshop would not be held on March 21, 1 991, but would be done in conjunction with the public hearing on April 4, 1991. Mr. Dolan introduced Mr. Jarred Miyamoto-Mills, Senior Engineer, who provided a summary of the Capital Improvement Program revenues and expenditures for the first six months of the fiscal year ended December 3 i , 1990, noting that actual revenues were $9.4 million for the first six months. For the second six months, revenues are projected to be $14.5 million, for a total projected revenue at June 30, 1991, of $23.9 million. 03; 0:7.. 91 37 Actual expenditures at December 31, 1990, were $11.3 million. Expenditures for the second six months are projected to be $12.9 million, for a total of $23.4 million at June 30, 1991. It is currently projected that there will be a $329,000 deficit at June 30, 1991 in comparison to the budgeted deficit of $1.4 million. President Clausen entered the meeting at the hour of 4:20 p.m. Mr. Miyamoto-Mills reviewed the projections for new connections, stating that it is not anticipated that there will be a return to the previous high level of connections. Even in the face of lower connections, it is projected that the District will realize approximately $1 million more than budgeted primarily because of the City of Concord's contribution for property purchases and some minor changes in Local Improvement District financing. 3) Mr. Dolan introduced Mr. David R. Williams, Engineering Division Manager, who provided an analysis of the financial impact of the Caltrans program of reimbursement for relocation work. Mr. Williams stated that Caltrans enters into utility agreements with public agencies which typically provide for reimbursement at the end of construction. As a result of the practice, the District did not realize $110,000 in interest on the $1.8 million 1680/SR24 Phase I Project. On Phase II, the total project cost was $4.2 million. As a result of entering into the utility agreement earlier in the project, we were able to schedule more timely progress payments. It appears the District will not realize $60,000 to $80,000 in interest on Phase II. In Phase III, District staff will be taking a more aggressive approach by attempting to enter into the utility agreement at the start of design and by billing Caltrans for unrealized interest on Phases I and II. 4) Mr. Dolan reported that the District recently learned that Orinda-Moraga Disposal Service sent a notice to customers which was in conflict with the provisions of the franchise agreement relating to billing and collection. Mr. Walter Funasaki, Finance Officer, investigated the situation and drafted a letter in response for - the Board's consideration. Following discussion, it was the consensus of the Board that the draft letter to Mr. W. Douglas Lomow, President of Orinda-Moraga Disposal Service, Inc., be approved and the President of the Board of Directors be authorized to execute said letter. 5) Mr. Dolan reported that on Thanksgiving Day 1990, there was a sewer overflow at Overhill Road in Orinda. At that time, the Board was advised that the estimated cost for the loss was approximately $35,000. The repairs are now complete. Mr. and Mrs. Lukens moved back into their home on January 4, 1991. Staff is now negotiating the final costs for loss of personal items and living expenses. It now appears that the total cost will be less than $30,000. A report will be made to the Board when the final figures are known. 6) Mr. Dolan announced that the District is currently advertising for the District Vehicle Parking Lot Project, DP 20062. The engineer's estimate for the project is $96,300. 7) Mr. Dolan distributed the draft of the Financial and Investment Services Agreement with Contra Costa County and asked that the Board provide comments and feedback to Mr. Walter Funasaki "by March 14, 1991. Comments will be incorporated, and the document will be calendared for Board consideration March 21, 1 991 . 8) Mr. Dolan introduced Mr. Paul Morsen, Deputy General Manager, who reported that it was planned that tin cans and HDPE would be added to the recycling programs in May 1991. It appears that will not be possible because of the time needed to purchase and retrofit equipment. It seems that July 1991 is a more practical date. If the Board has no objection, staff will so advise the collectors. The Board voiced no objection. 03 o~ 91 38 9) Mr. Dolan announced that staff has reviewed the video tape presented by Mr. Benjamin Bell, Instrument Technician. His allegations appear unfounded. Any Board Member who wishes to review the tape should contact Joyce Murphy, Secretary of the District. 10) Mr. Dolan announced that staff is preparing prequalification packages for major equipment items on the Headworks Project. Mr. Dolan reviewed the prequalification process and the advantages of using such a process. Noting the arrival of Mr. Bob Nootbaar, Mr. Dolan suggested that the Board proceed to closed session. The Board concurred. a. 13. CLOSED SESSION REAL ESTATE NEGOTIATIONS With respect to real estate negotiations, the closed session was held pursuant to Government Code Section 54956.8. The real property which the negotiations may concern is Assessor Parcel Nos. 159-150-033 and 159-150-037. The District's negotiators may negotiate with Mr. Robert D. Mauldin, doing business as K & M investments. At 4:59 p.m. President Pro Tem Dalton declared the closed session to discuss real estate negotiations pursuant to Government Code Section 54956.8. At 5:25 p.m., President Pro Tem Dalton concluded the closed session and reconvened the meeting into open session. None 14. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION At this time, President Pro Tem Dalton reverted to the order of the agenda. 11. REPORTS COUNSEL FOR THE DISTRICT b. None c. SECRETARY OF THE DISTRICT None d. BOARD MEMBERS 2) None 03 ()7 1 ) Member Rainey reported that the Board of Supervisors introduced an ordinance to take over solid waste franchising responsibility. in the unincorporated areas of the County. A public hearing has been scheduled for April 2, 1991. Following discussion, it was the consensus of the Board that staff should work with the AB 939 Task Force and the Central Contra Costa Solid Waste Authority in drafting a letter to the Board of Supervisors for presentation at the April 2 public hearing with copies to the Contra Costa Times and the Taxpayers' Association, setting forth the consequences of the County's proposed action to take over solid waste franchising in the unincorporated areas and laying out the District's efforts in that regard to date. President Clausen reported that a letter was received from Alameda County indicating that they intend to impose a $6 per ton fee for recycling. The Solid Waste Export Committee is trying to get the fee waived since. residents of Contra Costa County are already recycling to a greater degree than those of Alameda County. 12. ANNOUNCEMENTS 9:1 39 13. CLOSED SESSION This item was taken out of order earlier in the agenda. 14. ACTIONS RESULTING FROM DISCUSSION IN CLOSED SESSION This item was taken out of order earlier in the agenda. 15. ADJOURNMENT There being no further business to come before the Board, President Pro Tem Dalton adjourned the meeting at the hour of 6: 17 p.m. esid ,t of the Board of Directors, C I Contra Costa Sanitary District, ounty of Contra Costa, State of California COUNTERSIGNED: e e ary of the Central ontra C sta Sanitary District, County of Contra Costa, State of California 08'; 1:) O~<' 9"~1:'~': '^, t., ;~ '"0 ". :':"