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HomeMy WebLinkAboutBOARD MINUTES 02-04-88 13 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON FEBRUARY 4,1988 The District Board of the Central Contra Costa Sanitary District convened in a regular meeting at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 7:30 p.m. on February 4,1988. President Rainey called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Boneysteele, Dalton, ~ausen, Carlson, Rainey ABSENT: Members: None II. PUBLIC COMMENTS None III. APPROVAL OF MINUTES 1. MINUTES OF JANUARY 21,1988 It was moved by Member Boneysteele and seconded by Member Clausen, that the minutes of January 21, 1988, be approved with the following amendments: In the first paragraph under Item V., Approval of Expenditures, the phrase "and certai n expenditures questioned" was del eted from the second sentence and the phrase "on the items questioned" was deleted from the third sentence. Item X., Announcements, was amended to 1 ist the Board Committee assignments. There being no objection, the above motion was unanimously approved. IV. HEARINGS 1. HOLD A PUBLIC HEARING, AND IF APPROPRIATE ADOPT A RESOLUTION OF NECESSITY AND AUTHORIZE $1,200,000 FROM THE SEWER CONSTRUCTION FUND FOR ACQUIRING THE PROPERTY, ASSESSOR'S PARCEL NO. 159~140-042, LAGISS PROPERTY, BY EMINENT DOMAIN.. FOR A TREATMENT PlANT BUFFER ZONE, PROJ ECT 20065 President Rainey indicated that the purpose of this public hearing is to consider acquiring the Lagiss property, Assessor's Parcel No. 159-140-042, by eminent domain to provide a buffer zone for the Treatment Plant. ' Mr. Paul Morsen, Deputy General Manager, stated that through the years the District has tried to ensure that incompatible development did not occur in areas adjacent to the Treatment Plant. The Lagiss parcel abuts the District in a critical area near Holding Basins Band C. We have offered to buy the property from Mr. Lagiss. The correspondence in that regard has been provided to the Board. Mr. Lagiss did not agree to sell the property. so the only alternative left is condemnation. Mr. James L. Hazard, Counsel for the District, advised that all legal requirements have been met. President Rainey opened the public hearing at the hour of 7:44 p.m. and inquired if Mr. Lagiss had been notified of this hearing and whether he wi shed to address the Board. Staff responded that Mr. Lagi ss was notified but did not appear to be present. There being no comments either in favor of or in opposition to the matter at hand, it was moved by Member Clausen and seconded by Member Carlson, that the public hearing be closed. There being no objection, the motion was unanimously approved. 02 04 88 14 It was moved by Member Clausen and seconded by Member Dalton, that the Board of Di rectors finds that the positions of District staff as presented at this February 4, 1988 hearing and as set forth in the correspondence contained in Attachment 5 to the position paper, has appropriately addressed the issues raised by Mr. Lagiss as contained in his correspondence contained in Attachment 5 to the position paper. Motion unanimously approved on the following roll call vote: . AYES: Members: Cl ausen, Dal ton, Boneysteele, Ca rl son, Rainey NOES: Members: None ABSENT: Members: None It was moved by Member Clausen and seconded by Member Dalton, that Resolution No. 88-011, A Resolution of Necessity Authorizing the Acquisition of Real Property, Assessor's Parcel No. 159-140-042, Lagiss Property, by Eminent Domain for a Treatment Plant Buffer Zone, be adopted. Motion unanimously approved on the following roll call vote: AYES: Members: Cl ausen, Dalton, Boneysteele, Carl son, Rainey NOES: Members: None ABSENT: Members: None It was moved by Member Clausen and seconded by Member Dalton, that $1,200,000 be authorized from the Sewer Construction Fund for acquisition of the Lagiss property, Assessor's Parcel 159-140-042. Motion unanimously approved on the following roll call vote: AYES: Members: Cl ausen, Dalton, Boneysteele, Ca rl son, Rainey NOES: Members: None ABSENT: Members: None 2. HOLD A PUBLIC HEARING ON UNINHABITED DISTRICT ANNEXATIONS 97C, 97D, 97E, 97F, 97G, and 97H AS AMENDED BY THE LOCAL' AGENCY FORMATION COMMISSION (LAFCO) President Rainey indicated 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 7:48 p.m., President Rainey opened the public hearing to consider uninhabited District Annexation 97G as amended by LAFCO. Mr. Dannenberg addressed the Board concerning proposed District Annexation 97G. Mr. Dannenberg asked if property owners must connect to the system if there are no failing septic tanks. Mr. Roger J. Dolan, General Manager-Chief Engineer, responded that it is the District's policy to allow septic tanks to continue until there is a problem with failing septic tanks. If there are failing septic tanks in the area, the County Health Department could make the homes in the area connect to the sewer system. There being no further comments or questions, it was moved by Member Carlson and seconded by Member Clausen that the public hearing to consider uninhabited District Annexation 97G, be closed. There being no objection, the motion was unanimously approved. It was moved by Member Clausen and seconded by Member Carlson, that Resolution No. 88-016 be adopted concurring with and adopting the Negative Declaration of LAFCO and ordering the annexation of all territory contained in District Annexation 97G as amended by LAFCO. Motion unanimously approved on the following vote: "", ," . .. - ,., , ' , '" , AYES: Members: Cl ausen, Carlson, Boneysteele, Dalton, Rainey NOES: Members: None AB SENT: Members: None 02 04 88 15 At 7:S2 p.m., President Rainey opened the public hearing to consider uninhabited District Annexations 97C, 97D, 97E, 97F, and 97H as amended by LAFCO. There being no comments either in favor of or in opposition to the proposed annexations, the pubic hearing was closed. Following discussion, it was moved by Member Carlson and seconded by Member Clausen, that Resolution Nos. 88-012,88-013,88-014, 88-01S, and 88-017 be adopted, concurring with and adopting the Negative Declaration of LAFCO and ordering the annexation of all territory contained in Di strict Annexation 97C, 97D, 97E, 97F, and 97H as amended by LAFCO. Motion unanimously approved on the following vote: AYES: Members: Carlson, Clausen, Boneysteele, Dalton, Rainey NOES,: ., Me/TIÞ.ers: None ABSENT: Members: None v. CONSENT CALENDAR It was moved by Member Carlson and seconded by Member Dalton, that the Consent Calendar,' consisting of eight items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resolution No. 88-018 accepting an easement at no cost to the District from D. R. METCALF, et ux, and J. A. PASAAK, Lafayette area (Job 4406 Parcel 2) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Carl son, Dalton, Boneysteele, Clausen, Ra i ney NOES: Members: None ABSENT: Members: None 2. Resolution No. 88-019 accepting an easement at no cost to the District from D. E. BLOOMSTEIN, et al, Wal nut Creek area (Job 4144 - Parcel 6) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Carl son, Dalton, Boneysteele,Clausen, Rainey NOES: Members: None ABSENT: Members: None 3. Resol ution No. 88-020 adopti ng the Negative Decl arati on and ordering the completion of District Annexation No. 97-A, was 'adopted. Motion unanimously approved on the following vote: AYES: Members: Carlson, Dalton, Boneysteele, Clausen, Rainey NOES: Members: None ABSENT: Members: None 4. Authorization was given for P.A. 88-S (Alamo) to be included in a future formal annexation to the District. Motion unanimously approved on the following vote: AYES: Members: Carl son, Dalton, Boneysteele, Clausen, Ra i ney NOES: Members: None ABSENT: Members: None 02 04 ~8 16 5. Quitclaim Sewer Easement, Job 3904, Parcel Nos. 2 and 3, Walnut Creek area was approved, the President of the Board of Directors and the Secretary of the District were authorized to execute and record. sai d 'Quitclaim ,Deed, and Resol uti-on' No. 88-021 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Ca rl son, Dalton, Boneysteele, Clausen, Rainey NOES: Members: None ABSENT: Members: None 6. The Board was advised of the close out of the Dimension 400 Telephone System Project (DP 3699). This matter was presented as an information item. No Board action was taken. 7. Resolution No. 88-022 electing to receive an allocation of tax revenues from properties within the Pleasant Hill BART Station Area Redevelopment Plan Amendment, was adopted. Motion unanimously approved on the following vote: AYES: Members: Carl son, Dalton, Boneysteele, Clausen, Rainey NOES: Members: None ABSENT: Members: None 8. Resol uti on No. 88-023 establishing the Sewer Constrúction Fund appropriations limit in the amount of $9,264,682 for the 1987-1988 fiscal year in accordance with Article XIII B of the California Constitution, was adopted. Motion unanimously approved on the following vote: AYES: Members: Carl son, Dalton, Boneysteele, Clausen, Ra i ney NOES: Members: None ABSENT: Members: None CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None VI. ENGINEERING 1. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH CONTRA COSTA WATER DISTRICT (CCWD) AND JAMES M. MONTGOMERY CONSUL TING ENGINEERS, INC. (JMM) FOR PROFESSIONAL SERV ICES 'RELATED TO THE WATER REQAMATION PROJ ECT Mr. Dolan, General Manager-Chief Engineer, requested authorization to execute an agreement with Contra Costa Water Di strict and James M. Montgomery Consulting Engineers for professional services related to the Water Recl amati on Proj ect. Contra Costa Water Di strict will share equally in the cost of the agreement. After receiving concurrence from the Board, Mr. Dolan moved to Item XII b., Water Reclamation Project status report. Mr. Dolan reported that meeti ngs have taken pl ace with industry representatives from TOSCO and Shell. Both industries still have water quality concerns but they are being cooperative. One of the chemical suppl iers has performed test work. Another suppl i er i s schedul ed to test our effl uent i n March. A joint industry, Contra Costa Water District, and Central Contra Costa Sanitary District field trip to Southern California to inspect plants currently operating 6n treated effluent has been sugge§ted. It would be appropriate to have some staff members visit the sites with the industries. 02 04 R8 17 Following discussion of the filter media, it was moved by Member Dal ton and seconded by Member Carl son, that the General Manager-Ch ief Engineer be authorized to execute an agreement with James M. Montgomery Consulting Engineers, Inc. for Phase II of the Industrial Water Reclamation Project and to execute an agreement with Contra Costa Water District to equally share the Montgomery costs for Phase II. There being no objection, the motion was unanimously approved. VII. TREATMENT PLANT 1. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT FOR $58,000 WITH PACIFIC GAS AND ELECTRIC FOR DESIGN AND INSTALLATION OF A PARALLEL 115,000 VOLT POWER CONNECTION It was moved by Member Carlson and seconded by Member Clausen, that the General Manager-Chief Engineer be authorized to execute an agreement w1th Pacific- 'Gas and Electric for $58,000 to design and install a parallel power connection on the 115 kilovolt transmission line. There being no objection, the motion was unanimously approved. VIII. APPROVAL OF EXPENDITURES EXPENDITURE LIST DATED FEBRUARY 4,1988 1. Member Dal ton, member of the Budget and Fi nance Committee, stated that he and Member Boneysteele reviewed the expenditures and found them to be satisfactory. It was moved by Membe r Da 1 ton and seco oded by Membe r Boney steel e, that the Expenditure List dated February 4, 1988, including Self-Insurance Check Nos. 100221-100227, Running Expense Check Nos. 37259-37492, Sewer Construction Check Nos. 5307-5350, and Payroll Check Nos. 12209-12481, be approved as recommended. Member Clausen requested that staff provide a detailed listing of the Baird overflow bill and that some crisis planning and management be done in the event this sort of thing happens again. Mr. Dolan stated that staff would like to discuss this with the Board in closed session at a future Board meeting. The Baird's have indicated their intention to file a claim, which could,be the first step leading to a lawsuit. Member Clausen questioned the legal services payment to the Steefel, Lev itt and Wei ss fi rm and requested that staff use attorneys only when necessa ry . There being no further questions or comments, the above motion was unanimously approved. IX. BUDGET AND FINANCE RECEIVE THE 1987-1988 OPERATIONS AND MAINTENANCE BUDGET REVIEW FOR THE SIX MONTHS ENDED DECEMBER 31,1987 1. Mr. Dolan, General Manager-Chief Engineer, introduced Mr. walter N. Funasak i, Fi nance Officer, who presented a bri ef summary of the resul ts of the comparative review of actual and budgeted Operations and Ma i ntenance revenues and expenses for the fi rst si x months of the 1987-1988 fiscal year and the projections for the full fiscal year based on those results. Mr. Charles W. Batts, Plant Operations Department Manager, responded to questions from the Board concerning lime, natural gas, deferred maintenance, and pump station expenses. The Board commended staff for the thorough and i nformative report and received the 1987-1988 Operations and Maintenance Budget Review for the six months ended December 31,1987. 2. RECEIVE DECEMBER 1987 TEMPORARY INVESTMENT REPORT Mr. Wal ter N. Funasaki, Fi nance Officer, reported that the District's temporary investments were held in a Federal Home Loan Bank :; ;;:' , >;;02 :; 04 , , '\ ~, ~8 18 note, collateralized certificates of deposit, bankers' acceptances, and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 8.1 percent to 5.90 percent. The latest interest rate at December 31, 1987, was 8.1 percent. The average y i el d for the LAIF account through 'December 1987 was 8.07 percent. " Mr. Funasaki reported that the County has been advised that no new investments will be made in Gibralter Savings and Loan until we have made a determination of the financial stabil ity of that institution. We are awaiting receipt of the fourth quarter financial statements to make that assessment. X. LEGAL/LITIGATION 1. DENY CLAIM FROM CALIFORNIA STATE AUTOMOBILE ASSOCIATION CONCERNING, A VEHIQ E ACCIDENT AT CASTLE HILL RANa-t ROAD AND WINFIELD LANE 'NEAR WALNUT ffiEEK It was moved by Member Clausen and seconded by Member Carlson, that the claim from the California State Automobile Association be denied and referred to staff for further action as necessary. There bei ng no objection, the motion was unanimously approved. XI. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 1. XII. GENERAL MAN~ER-CHIEF ENGINEER REPORTS "a. 'Mr~ Dolan, General' Manager-Ch iefEngi neer, reported that Tri-Valley Wastewater Authority (TWA) is in the process of meeting with the City of Hayward and East Bay Municipal Util ity District <EBMUD) concerning options for disposal of wastewater. EBMUD appears to be the preferred alternative at this, point.' TWA is participating with EBMUD in its desig'n for capacity in its wet weather system to accommodate TWA flows. TWA is scheduled to make a decision on February 17,1988. . Mr. Dolan reported that Mark Evanoff, of People for Open Space, has sent a letter to the Contra Costa Water District asking that they oppose the Central San option for disposing of TWA wastewater. Mr. Dolan attended the February 3, 1988 Water District Board meeting and explained the status of the project. Mr. Dolan advised the Water District that if the Central San option appeared likely, we would be in contact with them. b. The Water Recl amation proj ect status report was taken out of order earlier in the agenda. c. Mr. Dolan announced that Robert Baker, Deputy Chief Engineer, will be attending an AMSA meeting in San Diego the week of February 8, 1988. Agenda items will include toxics and EPA regulations. d. Mr. Dolan announced that Valley Disposal has received a letter from the attorney for Acme Fill demanding payment for unpaid tipping fees. 2. COUNSEL FOR THE DISTRICT None 3. SEffiETARY OF THE DISTRICT None 4. BOARD MEMBERS - ~ 92 ~", :,"":' " ' , a. It was moved by Member Boneysteel e and seconded by Member Clausen, that Member Dalton be authorized to attend a sludge and solid waste recycling conference in San Diego on March 2, 3, and 4, 1988 and - that he be reimbursed for registration and travel expenses. There being no objection, the motion was unanimously approved. 04 !; { tS.8 -~: :~ 19 b. Member Clausen reported that he had requested that ,a resolution concerning the solid waste development agreements be drafted and placed on this agenda for Board consideration. Before the meeting, changes were made to the draft resolution. Mr. Dolan read the proposed resolution. It was moved by Member Clausen and seconded by Member Carlson, that Resolution No. 88-024 requesting the Contra Costa County Board of Supervisors to limit solid waste development agreements to funding Central County's fair share of County solid waste management programs, be adopted. Motion unanimously approved on the following vote: AYES: Members: Cl ausen, Ca rl son, Boneysteele, Dalton, Rainey NOES: Members: None ABSENT: Members: None c. Member Dalton reported the County Solid Waste Commission did not meet th i s week. Member Boneysteele reported that he and President Rainey inspected two recycling centers with the Regional Recycling Advisory Committee. On January 26, 1988, the Committee toured Recycle America in San Jose and followed their curbside recycling truck. President Rainey reported that Recycle America is a voluntary program. They calculate there is approximately 60 percent participation during a month. Member Boneysteel e reported that the Committee toured the Mari n Recycling Center on February 2, 1988. The Marin facility estimates they have 60 percent participation on a regular basis. Mr. Dolan reported that Price Waterhouse made a presentation of the outline of a draft JPA at the last JPA Policy Committee meeting. XIII. ANNŒJNCEMENTS None XIV. QOSED SESSION None xv. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None XVI. ADJ OURNMENT There being no further business to come before the Board, President Rainey adjourned the meeting at the hour of 9:32 p.m. COUNTERSIGNED: ,/,'¡'J~' /ii'.Ji}t'"Ú",---. Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California 02 0,4 88