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HomeMy WebLinkAboutBOARD MINUTES 10-05-89 179 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL- CONTRA COSTA SANITARY DISTRICT HELD ON OCTOBER 5, 1989 The District Board of the Central Contra Costa Sanitary District convened i n a regul ar meeti ng at its regul ar pl ace of meeti ng, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 3 p.m. on October 5,1989. President Rainey called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: ABSENT: Members: Boneysteel e, Dal ton, Cl ausen, Rai ney Members: Carlson Member Carlson entered the meeting at the hour of 3:06 p.m. II. PUBLIC COMMENTS None III. CONSENT CALENDAR It was moved by Member Cl ausen and seconded by Member Dalton, th at the Consent Calendar, consisting of thirteen items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resolution No. 89-159 accepting an easement at no cost to the District from Roy W. Pero, et ux, Walnut Creek area (Job 4638- Parcell) was adopted and recording authorized. Motion approved on the following vote: A YES: Members: Cl ausen, Dalton, Boneysteele, Rainey NOES: Members: None ,ABSENT: Members: Carl son 2. Resolution No. 89-160 accepting an easement at no cost to the Di stri ct from A. R. Gonzal es, et ux, Wal nut Creek area (Job 4479 - Parcel 3) was adopted and recording authorized. Motion approved on the following vote: AYES: Members: Cl ausen, Dalton, Boneysteele, Rainey NOES: Members: None ABSENT: Members: Carlson 3. Resolution No. 89-161 accepting an easement at no cost to the District from L & B Developers, Walnut Creek area (Job 4144 - ParcelS) was adopted and recording authorized. Motion approved on the following vote: A YES: Members: Cl ausen, Dalton, Boneysteele, Rainey NOES: Members: None .AS SENT: Members: Carlson 4. Resolution No. 89-162 accepting an easement at no cost to the District from Olympia Investments, Inc., Danville area (Job 4631 - Parcel 2) was adopted and recording authorized. Motion approved on the following vote: ,..~,.l"O ,,',05 ~89 180 9. AYES: Members: Cl ausen, Dalton, Boneysteele, Rainey NOES: Members: None ABSENT: Members: Carl son 5. Resolution No. 89-163 accepting an easement at no cost to the District from Olympia Investments, Inc., Danville area (Job 4631 - Parcel 2A) was adopted and recording authorized. Motion approved on the following vote: A YES: Members: Cl ausen, Dalton, Boneysteele, Rainey NOES: Members: None ,ABSENT: Members: Carlson 6. Resolution No. 89-164 accepting an easement at no cost to the District from Olympia Investments, Inc., Danville area (Job 4631 - Parcel 3) was adopted and recording authorized. Motion approved on the folloWing vote: A YES: Members: Cl ausen, Dalton, Boneysteele, Rainey NOES: Members: None ABSENT: Members: Carlson 7. Resolution No. 89-165 accepting an easement at no cost to the District from Olympia Investments, Inc., Danville area (Job 4631 - Parcel 6) was adopted and recording authorized. Motion approved on the following vote: A YES: Members: Cl ausen, Dalton, Boneysteele, Rainey NOES: Members: None ABSENT: Members: Carlson 8. Resolution No. 89-166 accepting an easement at no cost to the District from Olympia Investments, Inc., Danville area (Job 4631 - Parcel 7) was adopted and recording authorized. Motion approved on the following vote: A YES: Members: Cl ausen, Dalton, Boneysteele, Rainey NOES: Members: None ABSENT: Members: Carl son Resolution No. 89-167 accepting an easement at no cost to the District from 'Olympia Investments, Inc., Danville area (Job 4631 - Parcel 8) was adopted and recording authorized. Motion approved on the following vote: A YES: Members: Cl ausen, Dalton, Boneysteele, Rainey NOES: Members: None ABSENT: Members: Carl son 10. Resolution No. 89~168 accepting an easement at no cost to the Di stri ct from Security Owners Corporation, Marti nez area (Job 4625 - Paracel 2) was adopted and recording authorized. Motion approved on the following vote: :'1"0 0.5 ~ :89 181 AYES: Members: Cl ausen, Dal ton, Boneysteele, Rainey NOES: Members: None ,AB SENT: Members: Carlson 11. Quitclaim Deed to Villa Woods, Inc., dba Danville Oaks, Job 1603, Parcels 27, 28, and 33, Danvi1le area, was approved, the President of the District Board of Directors and the Secretary of the District were authorized to execute and record said Quitclaim Deed, and Resolution No. 89-169 was adopted to that effect. Motion approved on the following vote: A YES: Members: Cl ausen, Dalton, Boneysteele, Rainey NOES: Members: None ABSENT: Members: Carlson 12. Quitclaim Deed to Furman Properties, Job 460 - Portion Parcel 1, Lafayette area, was approved, the President of the District Board of Di rectors and the Secretary of the Di strict were authorized to execute and record said Quitclaim Deed, and Resolution No. 89-170 was adopted to that effect. Motion approved on the following vote: AYES: Members: Cl ausen, Dal ton, Boneysteele, Rainey NOES: Members: None ,ABSENT: Members: Carl son 13. The Agreement Rel ati ng to Real Property with Marri ott Corporation, Job 4211 and Job 4670, was approved, the President of the Di strict Board of Di rectors and the Secretary of the District were authorized to execute and record said agreement, and Resolution No. 89-171 was adopted to that effect. Motion approved on the following vote: A YES: Members: Cl ausen, Dal ton, Boney steel e, Rainey NOES: Members: None ABSENT: Members: Carlson CALL FOR REQUESTS TO CONSIDER ITEMS an OF ORDER None IV. SOLID WASTE 1. AUlHORIZE THE GENERAL MANJ'GER-CHIEF ENGINEER TO ENTER INTO A PROFESSIONAL SERVICES PßREEMENT, AND AUlHORIZE $27,000 FROM THE GENERAL IMPROVEMENT PROORAM CONTINGENCY ACCOUNT AS THE DISTRICT'S SHARE OF A FEASIBILITY STUDY FOR A PUBLICLY OWNED TRANSFER STATION, DISTRICT PROO ECT NO. 20096 Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that the Board recently adopted a resol uti on endorsi ng the concept of a transfer stati on owned by the citi es of Wal nut Creek and San Ramon and Central . Contra Costa Sanitary District. Funds are now requested for a feasibility study to review the physical, economic, and operational requi rements of a publicly owned transfer station and the potenti al Tor automated garbage transfer. The District's share of the cost would be $27,000. The cities of Walnut Creek and San Ramon will share the balance of the $65,000 cost of the feasibility study. In response to a question '. ., 10. ;;,:O${; ; 89 182 by Member Boneysteele, Mr. Dolan stated that the cost was distributed on the basis of tonnage for each franchiser. Member Carlson entered the meeting at the hour of 3:06 p.m. It was moved by Member Cl ausen and seconded by Member Dal ton, that the General Manager-Chief Engineer be authorized to enter into a professional services agreement with the firm of Hilton, Farnkopf and Hobson and that $27 ,000 be authorized from the General Improvement Program Contingency Account as the District's share of a feasibility study for a publicly owned transfer station, District Project No. 20096. There being no objection, the motion was unanimously approved. V. ADMINISTRATIVE 1. SUBSTITUTION OF COUNSEL FOR THE DISTRICT; APPOINTMENT OF KENTON L. ALM, ESQUIRE It was moved by Member Carlson and seconded by Member Boneysteele, that Resolution No. 89-172 be adopted, appointing Kenton L. Alm as Counsel for the Central Contra Costa Sanitary Di strict and that an amendment to the July 7,1988 agreement with Sellar, Hazard, Snyder,' Kelly & Fitzgerald be authorized substituting Mr. Alm as Counsel for the District in place of Mr. James L. Hazard effective October 6,1989. Motion unanimously approved on the following vote: A YES: Members: Carlson, Boney steel e, Dalton, Cl ausen, Rainey NOES: Members: None ABSENT: Members: None Member Clausen stated that while the name of the individual Counsel for the District has changed, the contract is with the firm. It would be hoped that the total resources of the firm would continue to be available .to the District. Mr. James lo Hazard, Counsel for the District, stated that was correct. The firm recognizes the District as an extremely important and valuable client. VI. ENGINEERING 1. ADV ISE STAFF REGARDING INCLUSION OF PROPERTIES IN FUlURE LOCAL IMPROVEMENT DISTRICTS Mr. Dolan, General Manager-Chief Engineer, stated that an unusual situation exi sts in that approximately hal f the property owners on a street have petitioned for annexation to the District. The other half of the property owners have not petitioned and are not interested in connecting to the public sewer system. An opportunity exists to provide guidance as to the structuring of the annexation which will be processed through the Local Agency Formation Commission (LAFCO). Staff developed options for consideration by the Board. Those options are contained in the position paper. Mr. Dolan requested dialogue as to how the Board would like staff to proceed. . In the discussion that followed, there was a consensus that staff be advised to structure the Local Improvement District (LID) so as to i ncl ude all potenti ally served properti es in the annexati on. The Board also preferred the concept of having all properties which could be served by the proposed pipe included in the LID. At Member Carlson's suggestion, staff agreed to consider extending the annexation and LID to include additional properties which might be served. Staff will meet with members of the community and determine the degree of interest in the concept of a larger LID. The Board favored spreading costs uniformly to all properties in the LID. 2. AUTHORIZE THE GENERAL MANPGER-CHIEF ENGINEER TO EXEaJTE AN AGREEMENT WITH DODSON & YOUNG TO ASSIST THE DISTRICT WITH DESIGN OF THE SLUOOE BLENDING PROJ ECT . . 1 0 \ /0 Sf J 8 9 183 Mr. Dolan, General Manager-Chief Engineer, stated that this item was related to a matter reviewed by the Board previously. There was a question as to whether the project should proceed as a change order.to an existing contract rather than a separate contract. No agreement could be reached with the current contractor. Staff woul d recommend th at the District proceed with a separate contract at this time. A number of small related projects have been added into the new contract work. Following discussion, it was moved by Member Dalton and seconded by Member Carlson, that the General Manager-Chief Engineer be authorized to execute a reimbursement agreement with a cost cel1 ing of $69,390 with Dodson & Young for design of the Sludge Blending Project. There being no obj ecti on, the motion was unanimously approved. VII. PERSONNEL 1. ADOPT THE SECTION 125 CAFETERIA PLAN MODIFIED TO BE IN CONFORMANCE WITH THE IRS CODE AND ADOPT THE COMPONENT DEPENDENT CARE ASSISTANCE, PREMIUM CONVERSION AND HEALTH FLEXIBLE SPENDING ARRANGEMENT PLANS Member Boneysteele, member of the Personnel Committee, stated that he and Member Dalton received a report on the Cafeteria Plan and component Dependent Care Assistance, Premium Conversion and Health Flexible Spending Arrangement Plans at a recent Personnel Committee meeting.. It was moved by Member Boneyesteel e and seconded by Member Dal ton, that the Cafeteria Plan modified to be in conformance with Section 125 of the Internal Revenue Service Code and the component Dependent Care Assi stance, Premi um Conversi on and Heal th Fl exi bl e Spendi ng Arrangement Plans be adopted. There being no objection, the motion was unanimously approved. The status of Internal Revenue Service Code Section 89 was briefly discussed. VIII. LEGAL/LITIGATION 1. APPROVE THE PARTIAL ALLOWANCE OF CLAIM FROM DALTON CONSTRUCTION COMPANY; DENY THE BALANCE OF THE CLAIM Mr. Dolan, General Manager-Chief Engineer, stated that as explained in the position paper, the District has received a claim in the amount of . $308,593 .95 from Dal ton Construction Company. Staff has eval uated the cl aim and determi ned that the actual amount still owed Dal ton Construction Company for contract work is $13,800. Staff would recommend that the claim be denied with the exception of the $13,800. It was moved by Member Carlson and seconded by Member Clausen, that partial allowance of Dalton Construction Company claim in the amount of $13,800 be approved and that the bal ance of the cl aim be dent ed. There being no objection, the motion was unanimously approved. IX. CORRESPONDENCE 1. LETTER FROM MS. SHIRLEY NATHANSON CONCERNING RECYCLING PROORAM Mr. Paul Morsen, Deputy General Manager, reported that he conferred at length with Mrs. Nathanson and three of her neighbors, all of whom are elderly and on fixed incomes. They generate very little garbage and have 1 ittle if anything to recycle. They have requested some rel ief from the cost of the recycl ing program. All are on the senior citizen discount garbage collection rate. Following discussion, the Board authorized staff to meet with Orinda-Moraga Disposal Service in an effort to resolve this problem. Mr. Morsen announced that the District has been notified by the California Department of Conservation, Division of Recycl ing, that more money has become available. We will be receiving additional funds on the grant proposal submitted last spring. .:,1.0 ,..05 -(89 184 X. APPROV AL OF MINUTES 1. MINUTES OF SEPTEMBER 21,1989 It was moved by Member Clausen and seconded by Member Carlson, that the minutes of September 21,1989, be approved as presented. There being no objection, the motion was unanimously approved. XI. APPROV AL OF EXPENDITURES 1. EXPENDITURE LIST DATED OCTOBER 5,1989 Member Dal ton, member of the Budget and Fi nance Committee, stated that he and Member Clausen 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 5,1989, including Self-Insurance Check Nos. 100391-100394, Running Expense Check, Nos. 48720-48959, Sewer Construction Check Nos. 7504-7538, and Payroll Check Nos. 18102-18379, be approved as recommended. There bei ng no obj ecti on, the motion was unanimously approved. XII. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 1. XIII. GENERAL MANPGER-CHIEF ENGINEER REPORTS a. Mr. Dolan, Genera 1 Manager-Ch i ef Engi neer, stated th at 1 ast spring the District implemented a new system of connection charges. As adopted, this system applies to UDC Homes (Rossmoor). They have been informed of the new rates by letter and have been asked to respond. Mr. Larry Comegys, of UDC Homes, indicated that no connections are anticipated between January 1990 and Spring of 1991. Mr. Comegys stated that he would be responding to the District's letter. b. Mr. Dolan reported that in recent years the number and stringency of regulations, reporting requirements, and administrative fines have increased particularly as they affect our Collection System Operations. At the same time, the District faces an imminent encroachment by CALTRANS on our Walnut Creek property. We have consi dered rel ocati ng Collection System Operati ons (CSO) to the Pl ant site recognizing that administrative efficiencies would result. However, we feel it woul d be imprudent to make this change before the 1680/SR24 interchange i s improved because of the worseni ng traffic situation. It is anticipated that the 1680/SR24 work will be completed in the 1996-1997 time frame. At the present time, it appears that the Walnut Creek site should be preserved and expanded if possible. Mr. Dolan introduced Mr. John Larson, Collection System Operations Department Manager, who provided background on CSO activities, the current pl ans of CAL TRANS, and future CSO facllity needs. Mr. Larson di scussed options for future CSO yards, stati ng that the Wal nut Creek yard is the current center of CSO activities and should continue to be the center in the near future. A CSO yard at the Plant site could serve the northern service area but would add 70,000 to 100,000 additional mil es a year i n total CSO crew travel if it were to serve the enti re , service area. The Town of Danville has offered to share a yard on Camino Tassajara that could serve the southern service area. It is recommended that the District acquire property near the Walnut Creek yard to offset the encroachment of CALTRANS and that the District preserve the option for a future site to serve the southern service area. Details concerning specific properties will be discussed further in closed session. c. Mr. Dol an announced that the Board of Supervisors had been scheduled to consider use of the County Blum Road property for a homeless shelter on October 3,1989. That matter was postponed until October 10, 1989. Staff will keep the Board informed. <1'0 '05 i.89 185 d. Mr. Dolan announced that Mr. Paul Morsen, Deputy General Manager, met with Yamas, an HVAC contractor. Plans are being developed for overhaul of the HV AC system in the Board room and the Pl ant administrative wing. e. Mr. Dol an announced that CSO has stopped hauling water for cleaning activities because East Bay Municipal Utility District has stopped water rationing. f. Mr. Dolan announced that he will be attending meetings in San Francisco on October 19, 1989, the date of the next Board meeting. Mr. Dolan indicated that he will attend the District Board meeting but could be delayed in traffic. 2. COUNSEL FOR THE DISTRICT None 3. SECRETARY OF THE DISTRICT a. Ms. Joyce E. McMillan, Secretary of the District, reported that the Employee Service Award luncheon, recognizing employees with ten, fifteen, twenty, and twenty-five years of service, will be hel d on November 15,1989, at the Velvet Turtle. It was moved by Member Clausen and seconded by Member Carlson, that Resolution No. 89-173 honoring employee service award recipients Clarence Covey, Glen Descans, Eugene Peyrucain, Richard Austin, James Boyd, Robert Brown, Randy Covey, Reynaldo Limjoco, Robert Mowers, Jane Parker, Kenneth Roan, Severina Camorongan, Bess Carrier, William Dalton, Bill Hammett, Robert Hinkson, David Hollenbach, Derhyl Houck, Ken Laverty, Paul Louis, James Meiers, Wayne Miner, Joseph Puno, Gary Riddle, Timothy Rooney, Frank Shea, Nadine Sweeney, Gwen Vanecek, and Garth Williams; Resolution No. 89-174 honoring Richard Austin, Maintenance Crew Member II, for twenty years of serv ice; Resol uti on No. 89-175 honori ng J ames Boyd, Mai ntenance Crew Member II, for twenty years of service; Resol uti on No. 176 honoring Clarence Covey, Pumping Stations Superintendent, for twenty-five years of service; Resolution No. 89-177 honoring Glen Descans, Construction Inspector, for twenty-five years of service; and Resolution No. 89-178 honoring Eugene peyrucain, Pumping Stations Supervisor, for twenty-five years of service, be adopted. There being no obj ecti on, the moti on was unanimously approved. b. It was moved by Member Carl son and seconded by Member Cl ausen, that the January 18, 1990 Board meeting be rescheduled to January 25, 1990, due to a conflict with the CASA Conference. There being no objection, the motion was unanimously approved. 4. BOARD MEMBERS a. President Rainey read a resolution honoring James L. Hazard, Esquire, for his service to the Central Contra Costa Sanitary District. It was moved by Member Boneysteel e and seconded by Member Dal ton, that Resolution No. 89-158 commending James lo Hazard, Esquire, for his se,rvice to Central Contra Costa Sanitary District, be adopted. Motion unanimously approved on the following vote: AYES: Members: Boneysteel e, Dalton, Cl ausen, Carl son, Rainey NOES: Members: None ABSENT: Members: None President Rainey presented the resolution to Mr. Hazard and thanked him for his efforts on behalf of the District. b. President Rainey reported that Acne Fill and Altamont Landfill have been unabl e to reach an export agreement to date. The County has requested that the District apply pressure to our franchisees in an effort to secure an export agreement. Mr. Dolan provided a brief report 10 05 ;8,9 :: ,? ~ " . . <, ':,~' : 186 on the status of negotiations with Valley Waste Management and Altamont on rates and pass th rough of those rates at Acme. President Rainey reported that six cities with over 50 percent of the population in Contra Costa County have approved the County Solid Waste Management Plan. c. Prest dent Rai ney requested comments on the draft Solid Waste Joint Powers Agreement (JPA). Comments are being solicited as well from all the jurisdictions who would be party to the JPA prior to submission of the JPA to the Board of Supervisors. In the di scussi on that foll owed, the authority for the J PA was questioned, the need for a dissolution procedure was identified, the need for a definition of a quorum was identified, the omission of the number of votes assigned to the County' was poi nted out, and the di screpancy between the term of the Executive Committee and the Policy Committee was identified. Board Members were asked to give any additional comments to President Rainey before the next Solid Waste Commission meeting. President Rainey alerted the Board to the fact that if the proposed JPA is approved, Central Contra Costa Sanitary District will lose the permanent seat we have had in the past on the Solid Waste Commission. XIV. ANNaJ NCEMENTS None XV. 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 Central Contra Costa Sanitary District versus Western Title Insurance Company, et al, Contra Costa Superior Court No. C88-01497. 2. REAL PROPERTY NEGOTIATIONS With respect to real property negoti ati ons, the closed sessi on was hel d pursuant to Government Code Section 54956.8. The real property which the negotiations may concern and the persons with whom the District's negotiators may negotiate are as follows: a. Assessor's Parcel No. 159-150-048 RMC Lone Star, OWner b. Assessor's Parcel Nos. 159-150-033 and 159-150-037 K & M Investments, OWner c. Assessor's Parcel No. 159-150-046 Contra Costa County, OWner d. Assessor's Parcel No. 177-210-012 Richard Robinson, Charles Whelan, and Craig Prouty, OWners e. Assessor's Parcel Nos. 177-270-012, 177-270-013, 177-270-018, 177-270-019, and 184-028-008 Robert Duca, OWner f. Assessor's Parcel No. 159-040-035 CCCSD, Owner (Port Chicago Pump Station) g. Assessor's Parcel No. 273-010-015 State of California, CALTRANS, owner h. Corner of Sherburne Hills Road and Camino Tassajara Town of Danville, OWner I At 4:49 p.m., President Rainey declared the closed session to di scuss exi sti ng liti gati on pursuant to Government Code Section 54956 .9( a) and real property negoti ati ons pursuant to Government Code . ~. ... i . , " " ...' 'OS '10 '8"9 187 Section 54956.8. At 6:20 p.m., President Rainey concluded the closed session and reconvened the meeting into open session. XVI. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None ,XVII. ADJ OURNMENT There being no further business to come before the Board, President Rainey adjourned the meeting at the hour of 6:21 p.m. to reconvene at 6:30 p.m. on October 10, 1989, at the Concord Hilton, 1970 Diamond Boul,evard, Concord, Californi a, for a meeti ng with Contra Costa County Sanitary/Sanitation and Water Districts to discuss items of mutual concern. COO NTERSIGNED: s~c~~~k'~~ of ~¡~ ~~\t~~ i' : Contra cOsta Sanitary District, County of Contra Costa, State of California ;:.'10 .:::05 ~)89