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HomeMy WebLinkAboutBOARD MINUTES 12-06-90 216 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON DECEMBER 6, 1990 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 Costá, State of California, at 3 p.m. on December 6, 1990. President Carlson called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Boneysteele, Dalton, Clausen, Rainey, Carlson ABSENT: Members: None a. ADMINISTER OATH OF OFFICE TO BOARD MEMBERS RAINEY AND CLAUSEN TO BE EFFECTIVE FRIDAY NOON, DECEMBER 7, 1990 The Secretary of the District administered the Oath of Office to Susan McNulty Rainey and John B. Clausen, who were unopposed in the November 6, 1990 election. President Carlson and Mr. Roger J. Dolan, General Manager-Chief Engineer, extended congratulations on behalf of the Board and staff to Board Members Rainey and Clausen. b. ELECTION OF DISTRICT BOARD PRESIDENT AND PRESIDENT PRO TEM Member Boneysteele proposed that President Carlson serve d second term as District Board President, indicating that a two-year term is appropriate. President Carlson thanked Member Bon'eysteele, but declined the nomination because of the rressing nature of his business. Following discussion, it was moved by Member Rainey and seconded by Member Boneysteele, that Member Clausen be elected to serve as President of the Board of Directors for 1991. Member Clausen was elected by acclamation. It was moved by. Member Rainey and seconded by Member Boneysteele, that Member Dalton be elected to serve as President Pro Tem of the District Board of Directors for 1991. Member Dalton was elected by acclamation. 2. PUBLIC COMMENTS None 3. HEARINGS a. CONDUCT PUBLIC HEARING AND CONSIDER APPROVAL OF A NEGATIVE DECLARATION ON THE COUNTRY GARDENS/THIRD AVENUE SEWER IMPROVEMENT PROJECT (DP 4615) Mr. Dolan, General Manager-Chief Engineer, stated that the purpose of this hearing is to obtain public input on the proposed Country Gardens/Third Avenue Sewer Improvement Project. This hearing is not r'equired by the California Environmental Quality Act guidelines but does provide an opportunity for the public to comment on the project . and the Negative Declaration. Mr. Dolan introduced Mr. Russell Leavitt, Planning Assistant, who described the scope of the project proposed to eliminate wet weather overflows, correct hydraulic deficiencies, and minimize future maintenance problems in the Country Gardens/Third Avenue area of Pleasant Hill and Walnut Creek. Mr. Leavitt noted that six comment letters were received, all from public agencies. The comments have been provided to the 12 06 90 217 Board and addressed in Attachment I to the Negative Declaration. None of the comments result in the need to modify the project. , At 3: 17 p.m., President Carlson opened the public hearing to receive comments on the Negative Declaration for the proposed Country Gardens/Third Avenue Sewer Improvement Project. Receipt of correspondence was noted from Robert D. Agnew, Senior Civil Engineer, Contra Costa County Flood Control and Water Conservation District; Robert B. Berggren, General Manager, Pleasant Hill Recreation and Park District; Gail McNulty, Staff Analyst, Native American Heritage Commission; Allan V. Patton, Chief, Environmental Services Unit, Division of Clean Water Programs, State Water Resources Control Board; Arthur R. Jensen, Assistant General Manager, Contra Costa Water District; and David C. Nunenkamp, Deputy Director, Permit Assistance, Office of Planning and Research. There being no further comments or correspondence, President Carlson closed the public hearing. It was moved by Member Rainey and seconded by Member Clausen, that the Negative Declaration be approved, that the Country Gardens/Third Avenue Sewer Improvement Project (DP 4615) be approved, and that Resolution No. 90-142 be adopted to that effect. Motion unanimously approved on the following roll call vote: AYES: Members: Rainey, Clausen, Boneysteele, Dalton, Carlson NOES: Members: None ABSENT: Members: None 4. CONSENT CALENDAR It was moved by Member Clausen and seconded by Member Rainey, that the Consent Calendar Item a. be approved as recommended. a. The amended assessment diagram for Local Improvement District 54, Orinda area, was confirmed, assessment amounts were apportioned, and the recording of said diagram was authorized. There being no objection, the motion was unanimously approved. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Dolan, General Manager-Chief Engineer, requested that the Board take an emergency situation requiring Board action out of order. This urgent item occurred after the Board agenda was put together. . 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION a. AUTHORIZE THE EXECUTION OF A COMMON USE AGREEMENT WITH PACIFIC GAS AND ELECTRIC COMPANY (JOB 4351 - PARCEL 1) WALNUT CREEK Mr. Jay S. McCoy, Construction Division Manager, stated that a convalescent hospital is being built on Tice Valley Boulevard near Rossmoor. The electrical service is one of the last portions of construction and must be installed to accommodate occupancy by January 2, 1991. Mr. Arthur Evans addressed the Board requesting consideration of this matter on short notice, stating that the project is already two months behind schedule. Without the electrical service, it would be delayed further and would cause problems for the people planning to move into the facility in January. The electrical service has been installed but cannot connect until an agreement is signed between the District and Pacific Gas and Electric. In response to a question from President Carlson, Mr. McCoy described the easements and the proximity of the facilities. The District's line services 20 to 30 homes. The pipe is a four-year-old, eight-inch ductile iron pipe. 12, 06 90 218 Following discussion of the negotiations with Pacific Gas and Electric and the terms of the agreement, it was moved by Member Boneysteele and seconded by Member Rainey, that the Common Use Agreement with Pacific Gas and Electric, Job No. 4351, be approved, the President of the District Board of Directors and the Secretary of the District be authorized to execute and record said document, and Resolution No. 90-143 be adopted to that effect. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Rainey, Dalton, Clausen, Carlson NOES: Members: None ABSENT: Members: None At this time, President Carlson reverted to the order of the agenda. 5. ADMINISTRATIVE a. AUTHORIZE PERSONAL COMPUTER LOAN PROGRAM Mr. Dolan, General Manager-Chief Engineer, stated that this item was mentioned at a previous Board meeting. The concept first came up in the Mid-Managers Forum and was developed to help move our employees forward into the age of computer literacy. Mr. Dolan encouraged the Board to support this program. In the discussion that followed, the Board raised questions with regard to loss of income from the funds committed to this program, the issue of bad debt, and the issue of gift of public funds. It was suggested that a "computer pool" might be considered, where computers would be purchased and loaned to employees to facilitate computer literacy. With regard to the issue of gift of public funds, Mr. Kenton L. Aim, Counsel for the District, stated that as a matter of Board policy, if the Board determines there would be public benefit in the scope of carrying out the mission of the District in upgrading the skills of personnel by making them more productive, there would not be a problem with gift of public funds. Member Clausen suggested that this matter be referred to a Board Committee for further investigation. Member Boneysteele stated that he felt that the matter should be resolved before the full Board. Following further discussion, President Carlson indicated that, as presented, the proposal was unlikely to receive Board support. He referred the concept of a personal computer loan program to committee for further review. Mr. Dolan agreed, indicating that staff would give the Board's concerns further consideration and perhaps discuss with the appropriate Board committee options which might meet the District's needs while being sensitive to the Board's concerns. 6. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH WOODWARD-CLYDE CONSULTANTS TO PREPARE HEALTH RISK ASSESSMENT REQUIRED BY AB 2588 (DP 20072) Mr. Dolan, General Manager-Chief Engineer, stated that related actions pertaining to AB 2588 have been presented to the Board previously. A complete position paper outlining health risk assessment work was provided in the Board packet. Staff would be happy to answer any questions. In response to a question from Member Clausen, Mr. James M. Kelly, Planning Division Manager, stated that there is a cooperative effort among California sewerage agencies in gathering the data that is being input into the model using the protocol established by the Bay Area Air Quality Management District. However, the health risk assessment is site-specific work. . It was moved by Member Dalton and seconded by Member Rainey, that the General Manager-Chief Engineer be authorized to execute a consulting services agreement 1~ 2 1,:' O' 6 . 90. 219 with Woodward-Clyde Consultants to conduct the health risk assessment for Central Contra Costa Sanitary District's toxic air emissions. There being no objection, the motion was unanimously approved. 7. LEGALlLlTIGA TION a. RULE ON V & M BACKHOE'S APPLICATION TO PRESENT A LATE CLAIM Member Clausen stated for the record, that he has a relationship with the law firm of Gagen, McCoy, McMahon & Armstrong, the firm representing the claimant in this matter. Member Clausen stated that although he has never discussed this ,matter with any member of the firm, he would abstain. Member Clausen left the room at the hour of 3:47 p.m. Mr. Kenton L. Aim, Counsel for the. District, stated that the decision before the Board is whether or not to accept the petition to file a late claim. The issue of the substance of the claim is not before the Board at this time. Mr. Aim reviewed the statutory grounds for filing a late claim. Mr. Jay S. McCoy, Construction Division Manager, reviewed the chronology of significant project events. Mr. Victor Conti, attorney representing the claimant Michael Novo, addressed the Board referencing the claimant's reply to the staff's position paper, previously distributed to the Board. Mr. Conti stated that differing site conditions were encountered causing great increase in the cost of the project. He requested that the Board consider the request to present a late claim and not the merits of the claim itself at this time. Approximately 25 percent of the project value has been retained causing an extreme financial burden on Mr. Novo and V & M Backhoe. Mr. Conti stated that Mr. Novo has not been interested in filing suit against the District because the past work with the District and the relationship with District staff have been good. Mr. Conti asked that the request to file a late claim. be considered by the Board at this time in the hope that negotiations for a settlement could continue. Mr. Aim stated that from his perspective, the claim was not made on a timely basis, and he concurred with the staff recommendation that it be denied. Following discussion, it was moved by Member Rainey and seconded by Member Dalton, that the Application to Present a Late Claim filed by V & M Backhoe be denied. Member Boneysteele stated that the people of the District possess a right conferred by statute. The Board should not waive that right. Member Boneysteele expressed support for the motion and second. There being no further comments, President Carlson called for a vote on the above motion to deny the Application to Present a Late Claim filed by V & M Backhoe. The motion was approved on the following roll call vote: AYES: Members: Rainey, Dalton, Boneysteele, Carlson NOES: Members: None ABSENT: Members: None ABSTAIN: Members: Clausen Member Clausen returned to the meeting. b. DENY CLAIMS FOR ALLEGED DAMAGES INCURRED FROM THE MAY 1990 OVERFLOW INCIDENT INVOLVING THE CORPS OF ENGINEER'S BYPASS PROJECT THROUGH THE CITY OF WALNUT CREEK Mr. Dolan, General Manager-Chief Engineer, stated that this is a procedural matter, and recommended that the Board deny the claims. 12. 0;6,,90 220 Mr. Jack E. Campbell, Administrative Operations Manager, stated that the attorney for the claimants expects that this matter will be settled, but must protect the claimants with regard to the statute of limitations concerning filing claims. It was moved by Member Rainey and seconded by Member Clausen, that the claims filed on behalf of 42 parties allegedly damaged by the 1990 Memorial Day weekend overflow in Walnut Creek be denied and referred to staff for further action as needed. There being no objection, the motion was unanimously approved. c. DENY CLAIM FROM JAMES AND ELEONORE HESSLER It was moved by Member Clausen and seconded by Member Rainey, that the claim for $200,000 from James and Eleonore Hessler which alleges ground water and soil contamination be denied and referred to staff for further action as needed. There being no objection, the motion was unanimously approved. d. DENY AN INJURY CLAIM CONTRACTOR'S EMPLOYEE FROM DENNIS BERG. A CONSTRUCTION It was moved by. Member Clausen and seconded by Member Rainey, that the personal injury claim from Dennis Berg, a Ball, Ball, and Brosamer employee, be denied and referred to staff for further action as needed. There being no objection, the motion was unanimously approved. . 8. APPROVAL OF MINUTES a. MINUTES OF OCTOBER 25. 1990 It was moved by Member Rainey and seconded by Member Clausen, that the minutes of October 25, 1990, be approved as presented. There being no objection, the motion was unanimously approved. b. MINUTES OF NOVEMBER 1. 1990 It was moved by Member Rainey and seconded by Member Clausen, that the minutes of November 1, 1990, be approved with the following amendment: In the third sentence of the second paragraph under No. 11., BUDGET AND FINANCE, the words "deposited to" were deleted and the words "withdrawn from" were inserted in their place. There being no objection, the motion was unanimously approve. c. MINUTES OF NOVEMBER 15. 1990 It was moved by Member Rainey and seconded by Member Clausen, that the minutes of November 15, 1990, be approved as presented. There being no objection, the motion was unanimously approved. 9. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED DECEMBER 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. It was moved by Member Boneysteele and seconded by Member Dalton, that the Expenditure List dated December 6, 1990, including Running Expense Check Nos. 56628- 56981, Sewer Construction Check Nos. 8970-9058, and Payroll Check Nos. 22028- 22307, be approved as recommended. There being no objection, the motion was unanimously approved. 12 0,6 90;. 221 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION This matter was taken out of order earlier in the agenda. 11. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1) It was moved by President Carlson and seconded by Member Dalton, that the President of the Board of Directors be authorized to execute memoranda commending Helen Baumgartner, Robert Boase, Bart Brandenburg, Tom Godsey, and Walter Funasaki, members of the Deferred Compensation Plan Advisory Committee, for their efforts. There being no objection, the motion was unanimously approved. 2) Mr. Dolan reported that there was an overflow on Overhill Road in Orinda resulting in property damage. Mr. Dolan briefly reviewed the circumstances and indicated that Mr. John Larson, Collection System Operations Department Manager, will provide a detailed report at the next meeting. 3) Mr. Dolan reported that staff will present a draft of the AB 939 Plan to this Board and the cities for whom the District franchises in January 1991. Memoranda of Understanding between the cities and the District are being discussed to formalize this understanding. Staff had offered to extend AB 939 planning efforts to franchisers outside the District's franchise boundaries but there was not enough time to make the necessary arrangements. It appears that the work will be done separately even though it is the kind of thing that begs for cooperation. 4) Contra Costa County Board of Supervisors' discussion of direct haul of waste to Altamont Landfill and the Board of Supervisors' request for accounting information from the District were discussed. The General Manager-Chief Engineer was authorized to schedule a meeting with Supervisor Schroder and Phil Batchelor, of Contra Costa County, and District Board Member Rainey to discuss these issues in an effort to improve the quality of communication between the District and the County. 5) Mr. Dolan reported that the household hazardous waste facility siting effort is underway. Negotiations on the warehouse property on Imhoff Place have slowed so it is not clear whether the facility will be sited at that location. Staff will continue efforts in this regard. 6) Mr. Dolan announced that staff has discussed the use of District property with various landscape nurseries. On the face of it, it seemed like a good idea; however, the nurseries require a longer lease than the District can or should grant. Staff will suspend negotiations in this area unless the Board objects. The Board voiced no objection. 7) Mr. Dolan announced that a notice to suppliers has been sent to begin the prequalification process for equipment for the Headworks Project. 8) Mr. Dolan stated that staff is looking forward to the Strategic Planning Workshop scheduled for 2 p.m. on December 13, 1990. The workshop will be held in the second floor conference room. 9) Mr. Dolan announced that Mr. Dave Platt, Business Manager for Employees . Association Local One, has resigned. The District will miss Mr-. Platt and the professionalism he demonstrated. . b. COUNSEL FOR THE DISTRICT None SECRETARY OF THE DISTRICT c. None 12 06 90 222 d. BOARD MEMBERS 1) Member Rainey requested that staff schedule a meeting of the representatives working on the County-wide Solid Waste Joint Powers Authority. Mr. Paul Morsen, Deputy General Manager, indicated that he would arrange a meeting. 2) Member Clausen reported that a meeting of the Solid Waste Export Committee was held with Alameda County on November 28, 1990. The need for either a full Environmental Impact Report (EIR) or an updated limited EIR was discussed. Member Clausen indicated that he would be sending a letter to Alameda County Supervisor Campbell on this matter. Member Clausen reported that there was a meeting of the Solid Waste Export Committee in Stockton this morning, December 6, 1990. There is some support there for export of Contra Costa County waste to the North Site in San Joaquin County. The Solid Waste Export Committee will be making a presentation to the San Joaquin County Board of Supervisors in January 1991, to get their reaction. 12. ANNOUNCEMENTS President Carlson thanked the Board and staff for their support during his term as President of the Board of Directors. On behalf of the staff, Mr. Dolan stated that it has been a pleasure serving President Carlson during the past year. 13. CLOSED SESSION None 14. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None 15. ADJOURNMENT There being no further business to come before the Board, President Carlson adjourned the meeting at the hour of 5:25 p.m. to reconvene at 2 p.m. on December 13, 1990, for a Board Workshop on Strategic Issues. r' pres' ent of the Board of Directors, i ntral Contra Costa Sanitary District, , County of Contra Costa, State of California' COUNTERSIGNED: Seþr ta of the Central ont CoS a Sanitary District, County of Contra Costa, State of California 12 0'6 90