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HomeMy WebLinkAboutBOARD MINUTES 09-06-90 163 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON SEPTEMBER 6, 1990 The District Board of the Central Contra Costa Sanitary District convened in a regular session at 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 3 p.m. on September 6, 1990. President Carlson called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Boneysteele, Dalton, Carlson ABSENT: Members: Clausen, Rainey Members Clausen and Rainey had indicated previously that they would be unable to attend this meeting and had requested to be excused. 2. PUBLIC COMMENTS None 3. HEARINGS a. HOLD PUBLIC HEARINGS ON UNINHABITED DISTRICT ANNEXATIONS 115-C. 115-E. AND 115-F AS AMENDED BY LOCAL AGENCY FORMATION COMMISSION (LAFCO) AND CONSIDER THE NEGATIVE DECLARATION BY LAFCO President Carlson stated that the purpose of this public hearing is to consider testimony of affected property owners before acting on the proposed annexations amended by LAFCO. At 3:06 p.m., President Carlson opened the public hearing to consider uninhabited District Annexations 115-C, 115-E, and 115-F as amended by LAFCO. It was noted for the record that no written protests or correspondence had been received. There being no comments either in favor of or in opposition to the proposed annexation, the public hearing was closed. It was moved by Member Dalton and seconded by Member Boneysteele, that Resolution Nos. 90-110. 90-111. and 90-112 be adopted, certifying that the Board reviewed and considered the Negative Declaration and concurs with the adoption of the Negative Declaration by LAFCO; ordering the filing of the Notice of Determination as a responsible agency; and ordering' annexation of the property contained in District Annexations 115-C, 115-E, and 115-F as amended by LAFCO. Motion approved on the following vote: AYES: Members: Dalton, Boneysteele, Carlson NOES: Members: None ABSENT: Members: Clausen, Rainey b. HOLD PUBLIC HEARINGS ON INHABITED DISTRICT ANNEXATIONS 115-B AND 115-D AS AMENDED BY THE LOCAL AGENCY FORMATION COMMISSION (LAFCO) AND CONSIDER THE NEGATIVE DECLARATION BY LAFCO President Carlson indicated that the purpose of this public hearing is to consider the testimony of affected property owners before acting on the proposed annexations amended by LAFCO. ,,09 06,90 164 Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that written protests have been received on proposed District Annexation 115-D. Mr. Kenton L. Aim, Counsel for the District, reviewed the authority of the Board of Directors and guidelines relating to annexations as set forth in Government Code Sections 57051 and 57078. Mr. Aim stated that if there is a majority protest, the Board does not have the authority to proceed. At 3: 15 p.m., President Carlson opened the public hearing to consider inhabited District Annexation 115-B as amended by LAFCO. It was noted for the record that no written protests or correspondence had been received. There being no comments either in favor of or in opposition to the proposed annexation, the public hearing was closed. It was moved by Member Boneysteele and seconded by Member Dalton, that Resolution No. 90-113 be adopted, certifying that the Board reviewed and considered the Negative Declaration and concurs with the adoption of the Negative Declaration by LAFCO; ordering the filing of the Notice of Determination as a responsible agency; and ordering annexation of the property contained in District Annexation 115-B as amended by LAFCO. Motion approved on the following vote: AYES: Members: Boneysteele, Dalton, Carlson NOES: Members: None ABSENT: Members: Clausen, Rainey At this time President Carlson proceeded to proposed District Annexation 115-D as amended by LAFCO. Mr. Dennis Hall, Associate Engineer, no~ed that six written protests from 11 registered voters were received. At 3: 18 p.m., President Carlson opened the public hearing to consider inhabited District Annexation 115-D as amended by LAFCO. It was noted that written protests were received from the following: James H. Matheney Barbara Matheney 135 Gaywood Road Alamo, CA 94507 APN 1 98-020-01 8 James D. Strausser Biruta A. Strausser P.O. Box 133 11 8 Albern Court Alamo, CA 94507 APN 1 98-020-020 Eugene D. Campbell 1 00 Alvern Court Alamo, CA 94507 APN 198-020-019 Joel Ann Pehanick Joseph Pehanick 1 21 Alvern Court Alamo, CA 94507 APN 1 98-020-01 8 Carol M. Raney Thomas P. Raney 134 Gaywood Road Alamo, CA 94507 APN 1 98-020-003 .'CO9:\~O6'.',90 165 Dabney D. Miller Beverly J. Miller 1520 Las Trampas Road Alamo, CA 94507 APN 198-020-059 Ms. Joel Ann Pehanick, 121 Alvern Court, Alamo, addressed the Board protesting . proposed District Annexation 115-D. Ms. Barbara Matheney, 135 Gaywood Road, Alamo, addressed the Board protesting proposed District Annexation 115-D. Mr. James D. Strausser, 118 Alvern Court, Alamo, addressed the Board protesting proposed District Annexation 115-D. There being no further testimony, President Carlson closed the public hearing at the hour of 3:23 p.m. and returned the matter to the Board for deliberation. Discussion followed with regard to verification as to whether a majority protest exists. In response to a question from Member Dalton, Mr. Jay S. McCoy, Construction Division Manager, stated that the proposed annexation was not initiated by the Health Department and no certifed health problem exists at this time of which we have been made aware. In light of the letter from Mr. and Mrs. Thomas P. Raney withdrawing their petition for annexation and the written protests received, it was moved by Member Boneysteele and seconded by Member Dalton, that proposed District Annexation 115-D be disapproved and abandoned. Following further discussion, the motion was approved on the following vote: AYES: Members: Boneysteele, Dalton, Carlson NOES: Members: None ABSENT: Members: Clausen, Rainey President Carlson thanked the concerned property owners for attending the meeting and providing their comments. 4. CONSENT CALENDAR It was moved by Member Boneysteele and seconded by Member Dalton, that the Consent Calendar, Items a. through e., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 90-114 was adopted, concurring with and adopting the Negative Declaration of the Local Agency Formation Commission (LAFCO), certifying that the Board has reviewed and considered the Negative Declaration, ordering the filing of a Notice of Determination as a Responsible Agency stating that the District considered the Negative Declaration as prepared by LAFCO as required, and ordering the completion of District Annexation No'. 11 5-A. Motion approved on the following vote: AYES: Members: Boneysteele, Dalton, Carlson NOES: Members: None ABSENT: Members: Clausen, Rainey b. Resolution No. 90-115 was adopted, concurring with and adopting the Negative Declaration of the Local Agency formation Commission (LAFCO), certifying that the Board has reviewed and considered the Negative , '::, '7 09 ; 0 6 :'9~ 166 Declaration, ordering the filing of the Notice of Determination as a Responsible Agency stating that the District considered the Negative Declaration as prepared by LAFCO as required, and ordering the completion of District Boundary Reorganization No. 115-G. Motion approved on the following vote: AYES: Members: Boneysteele, Dalton, Carlson NOES: Members: None ABSENT: Members: Clausen, Rainey c. Resolution Nos. 90-116 and 90-117 were adopted, authorizing the President of the District Board of Directors and the Secretary of the District to accept and record Grants of Easement for District Project 4539, Parcels 2 and 5, at a total cost to the District of $11,274. Motion approved on the following vote: AYES: Members: Boneysteele, Dalton, Carlson NOES: Members: None ABSENT: Members: Clausen, Rainey d. The Board was advised of the close out of the Ash Storage Basin I Improvements and Holding Basin Levee Roads pavement Project (DP 10066 and 10067). This item was presented for the Board's information. No action was taken. e. The Board received notification. of election of officers for the Management Support/Confidential Group for 1990-1991. This item was presented for the Board's information. No action was taken. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Dolan, General Manager-Chief Engineer, suggested that Item 11.a.1, Board Room HVAC, be taken out of order. The Board concurred. 11. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1) Mr. Dolan, General Manager-Chief Engineer, reported that the staff and the contractor had anticipated that the Board Room HVAC Project could be completed in August prior to this meeting. Last week the contractor found that the Board Room roofing contained asbestos. A specialty contractor was called in to remove the asbestos. This has caused delays in the project and extra costs were incurred. A cost of $4,600 was incurred for removing the asbestos and $1,600 for replacing the roofing. These costs include removing all the asbestos and replacing the entire eight-year-old roof. Staff is doing everything possible to Qefthis project completed as soon as possible. . , At this time, President Carlson reverted to the order of the agenda. 5. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH JAMES M. MONTGOMERY. CONSULTING ENGINEERS. INC. FOR SLUDGE DRYER PILOT PROGRAM CONSULTING SERVICES <DP 20104) Mr. Dolan, General Manager-Chief Engineer, stated that a complete position paper explaining the Sludge Dryer Pilot Program was provided. The objective of the program is to secure a sludge disposal alternative to the furnaces in the event a furnace is down 09',',06 ,9'0 167 since we will soon need two furnaces to dispose of sludge. Mr. Dolan recommended that the Board authorize staff to proceed with the Sludge Dryer Pilot Program. It was moved by Member Boneysteele and seconded by Member Dalton, that the General Manager-Chief Engineer be authorized to execute a Consulting Services Agreement with James M. Montgomery, Consulting Engineers, Inc., to initiate pilot testing of thermal sludge drying technology, District Project 20104. The motion was approved with Members Clausen and Rainey being absent. b. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH CH2M HILL FOR DESIGN OF THE SLUDGE LIME STABILIZATION PROJECT (DP 20098) Mr. Dolan, General Manager-Chief Engineer, stated that the Sludge Lime Stabilization Project will allow the District to dispose of sludge at the Sonoma County Tubbs Island facility on an emergency basis. This facility will never be the best long-term solution but it is the most expedient short-term solution. Staff would recommend that the Board authorize design of the Sludge Lime Stabilization Project at this point. Following discussion, it was moved by Member Dalton and seconded by Member Boneysteele, that the General Manager-Chief Engineer, be authorized to execute an agreement with CH2M for $199,500 for design of the Sludge Lime Stabilization Project, DP 20098. The motion was approved with Members Clausen and Rainey being absent. 6. CORRESPONDENCE a. NOTE RECEIPT OF LETTER FROM THE CITY OF MARTINEZ CONCERNING REGIONAL RECYCLING ADVISORY COMMITTEE AND REGIONAL HOUSEHOLD HAZARDOUS WASTE FACILITY Receipt of the letter from the City of Martinez concerning the Regional Recycling Advisory Committee and the Regional Household Hazardous Waste Facility was acknowledged. 7. APPROVAL OF MINUTES a. MINUTES OF AUGUST 2. 1990 b. MINUTES OF AUGUST 13. 1990 It was moved by Member Dalton and seconded by Member Boneysteele, that the minutes of August 2, 1990 and August 13, 1990, be approved as presented. Motion approved with Members Clausen and Rainey being absent. 8. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED SEPTEMBER 6. 1990 Member Boneysteele, member of the Budget and Finance Committee, stated that he and Member Dalton reviewed the expenditures and found them to be satisfactory. Member Boneysteele stated that he was very pleased with the job done by the Purchasing staff with regard to purchase of computers. The prices were very good. . It was moved by Member Boneysteele and seconded by Member Dalton, that the Expenditure List dated September 6, 1990, including Self-Insurance Check Nos. 100463- 100467, Running Expense Check Nos. 54739-55325, Sewer Construction Check Nos. 8562-8684, and Payroll Check Nos. 21147-21459, be approved as recommended. Motion approved with Members Clausen and Rainey being absent. 9. BUDGET AND FINANCE a. RECEIVE THE FISCAL YEAR 1989-1990 CAPITAL IMPROVEMENT PROGRAM YEAR-END REPORT 09, ~ 06 ,.90 ,:,i.~'~,::' :~"¡'::,'\"' , . 168 Mr. James M. Kelly, Planning Division Manager, presented the year-end report of the Capital Improvement Program revenue and expenditure levels. Revenues for the fiscal year ended June 30, 1990, were $20,810,000, representing 92 percent of the revenue projected in the Capital Improvement Plan. Expenditures for capital improvement projects were $21,022,000, representing 94 percent of projected expenditures. Mr. Kelly highlighted the breakdown of capital improvement revenue as set forth in the position paper. President Carlson indicated that staff should be more conservative in projecting revenues. Mr. Kelly agreed that would be prudent and stated that he would follow the Board's guidance. Mr. Dolan stated that staff believes that the accuracy of projections is very important and alternatives for refining the accuracy of projections are being considered. Mr. Kelly summarized the Capital Improvement Program expenditures. President Carlson noted that the fiscal year 1989-1990 Capital Improvement Program Year-End Report was duly received. b. RECEIVE JULY 1990 FINANCIAL STATEMENTS Mr. Walter N. Funasaki, Finance Officer, reviewed the results of operations and maintenance expenses for the month of July 1990, noting that actual O&M expenses were $263,000 less than budget, representing a 12.4 percent favorable variance. The District's temporary investments were held in Treasury bills and notes and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 7.700 percent to 9.410 percent. The latest interest rate as of July 31, 1990, was 7.982 percent. The average yield for the LAIF account through July 31, 1990, was 8.517 percent. President Carlson declared that the July 1990 Financial Statements were duly received. 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 11. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1) The Board Room HVAC report was taken out of order earlier in the agenda. 2) Mr. Dolan, General Manager-Chief Engineer, stated that there are several developing programs that impact the public and on which public information is needed. Mr. Dolan introduced Mr. Paul Morsen, Deputy General Manager, who reported that the Board received copies of the refuse collection uniform rate brochure and insert that were sent to the communities. In addition, a brochure dealing with automated garbage/yard trimmings collection was distributed to the Board. Mr. Morsen stated that this brochure will be sent to residents in Danville when the pilot program begins in that area. It is anticipated that the 32-gallon containers will be received approximately mid-September and the program will begin about three weeks later. 3) Mr. Dolan stated that at a recent Board meeting, the Board requested an update. on the potential for water reuse for landscape irrigation. In particular, information on the 1-680 Project, and reclaimed water use within the East Bay Municipal Utility District (EBMUD) service area was requested. Mr. Dolan introduced Mr. James M. Kelly, Planning Division Manager, who reported that EBMUD just completed a Master Plan for a pipeline along 1-680 south of Walnut Creek. EBMUD has found that it is not cost effective to c~ntinue the pipeline north because there are no large use areas beyond Sycamore Valley Road at this time. Mr. Kelly reported that District staff has met with Caltrans with regard to providing water to existing projects and to parallel 1-680 when work occurs there. Another meeting 09\'" 06~ '.90 169 has been scheduled for later this month to discuss the right-of-way down the 1-680 corridor. Mr. Kelly indicated that staff plans to look at a cooperative arrangement to take the pipeline into the EBMUD territory. 4) Mr. Dolan distributed a brochure on the District's Wellness Program and reported that to date 102 participants have enrolled. Mr. Dolan stated that the program is available to Board Members and the Board is invited to participate. In closing, Mr. Dolan stated that the objective of the Wellness Program is a healthier work force. 5) Mr. Robert A. Baker, Deputy Chief Engineer, reported that a series of soil borings were performed recently on the plant site in connection with planned future construction activities. Petroleum sludge deposited on the property by Shell Oil Company in late 1965 was encountered. Analysis revealed that the material contains concentrations of several substances that may exceed the current Environmental Protection Agency (EPA) standards for hazardous materials. Woodward-Clyde Consultants has been authorized to proceed with a baseline environmental assessment that will provide a more complete picture. Mr. Baker stated that the costs for dealing with this situation could consume a substantial portion of the Sewer Construction Fund reserve which would have serious financial implications on the future of the District. Mr. Baker stated that staff is working with Woodward-Clyde Consultants to define the problem and possible solutions. Staff is working as well with the regulatory agencies to meet their needs. Mr. Dolan stated that the District was told as recently as the mid 1980's that this material was thought not to be hazardous. . Member Boneysteele stated that his wife has an interest in Shell Oil Company stock and so he would abstain from discussions or actions on issues relating to Shell Oil Company. 6) Mr. Dolan reported that the City of San Ramon and Central Contra Costa Sanitary District have approved the Central Contra Costa Solid Waste Authority (Joint Powers Authority). It is scheduled for approval by the City of Walnut Creek on September 11, 1990. There is a possibility that a modest media event could be scheduled at or shortly after the September 11, 1990 meeting. Staff will contact Board Members Rainey and Clausen if such an event is scheduled. 7) Mr. Dolan announced that he will be unable to attend the October 4, 1990 Board meeting. 8) Mr. Dolan announced that Board Member Rainey indicated concern for the fact that there were a number of people who attended the annual Califomia Water Pollution Control Association (CWPCA) Conference in April of this year. The cost was approximately $380 each for the 13 people who attended. Mr. Dolan stated that this activity was scheduled and budgeted and that he strongly supported continuing these educational activities. Mr. Dolan stated that the CWPCA Northern Regional Conference is coming up in San Jose. The Northern Regional Conference is oriented more towards operations and maintenance personnel. Thus the attendees will, for the most part, be different from the people who attended the April session. It is planned that 18 people will attend for less than $100 each. Member Boneysteele stated that he and Member Clausen reviewed this matter in a recent Personnel Committee meeting. At that time, the Personnel Committee endorsed this activity as part of the District's training program. , b, COUNSEL FOR THE DISTRICT None c. SECRETARY OF THE DISTRICT Ms. Joyce E. Murphy, Secretary of the District, stated that she will be unable to attend the October 4, 1990 Board meeting. .,.,09,'.0,061,; 9 09 170 d. BOARD MEMBERS Member Boneysteele reported on the August 1990 CASA Conference at which officers were elected for 1 990-1 991 and presentations were made on .current issues in construction contracts, the Hayden/Van De Kamp Initiative (Big Green), the role of the new Integrated Waste Management Board, legislative activities, the drought and future water supply, and the Ralph M. Brown Act. In addition, there was a very interesting tour of the Monterey Regional Water Pollution Control Facility. 12. ANNOUNCEMENTS None 13. CLOSED SESSION None 14. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None 1 5. ADJOURNMENT There being no further business to come before the Board, President Carlson adjourned the meeting at the hour of 4:45 p.m. ;f~!L President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: :~ Se r ta y of the Central Co tra Costa Sanitary District, County of Contra Costa, State of California :06 90