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HomeMy WebLinkAboutBOARD MINUTES 05-07-87 59 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MAY 7,1987 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, SO19 Imhoff Pl ace, Marti nez, County of Contra Costa, State of Cal iforni a, at 7:30 p.m. on May 7,1987. President Clausen called the meeting to order and requested that the Secretary call roll. I. RQL CALL PRESENT: ABSENT: Members: Boneysteele, Dalton, McNulty, Carlson, Clausen Membe rs : None II. PUBLIC COMMENTS None III. APPROV AL OF MINUTES 1. MINUTES OF APRIL 16, 1987 It was moved by Member Carlson and seconded by Member Dalton, that the minutes of April 16, 1987, be approved as presented. There being no objection, the motion was unanimously approved. IV. HEARINGS 1. HEARING TO CONSIDER REVOCATION OF A PERMIT TO DUMP SEPTIC SEWAGE Pres i dent Cl ausen stated th at the purpose of th i shea ri ng is to consider the revocation of the Pioneer Liquid Transport, Inc. pennit to dump septi c sewage because of repeated fal sificati on of septic tank disposal forms, repeated failure to pay the District's billing within 30 days, and fail ure to mai ntai n a Contra Costa County Heal th Department waste haul er permit and to compl y with County regul ati ons forreporti ng. President Clausen declared the hearing open at the hour of 7:3S p.m. Mr. Roger J. Dolan, General Manager-Chief Engineer, introduced Mr. James M. Kelly, Planning Division Manager, who presented a brief overview of the Di strict's procedures and requi rements with regard to pennits to dump septic sewage and summarized the events leading to this hearing. Mr. James Watterson, attorney for Pioneer Liquid Transport, Inc., presented the position of Pioneer Liquid Transport. Mr. Watterson stated that the Contra Costa County Heal th Department Haul er Pennit fees have been paid and the pennit issued. Mr. Watterson stated that he has been working with Pioneer Liquid Transport staff to prevent this situation from happening again and to ensure that the company is in compliance with the requirements. Finally, Mr. Watterson stated that he presented Mr. Bart Brandenburg, CCCSD Associate Engineer, with a check paying Pioneer Liquid Transport's account with the District in full. Mr. Bart Brandenburg, Associ ate Engi neer, briefly summarized the staff acti ons and presented the staff recommendati on that the Pi oneer Liquid Transport penn1t to dump septic sewage be revoked because of this extremely serious breach of the District Code. Mr. Watterson again summarized the position of Pioneer Liquid Transport, stati ng that there is no evi dence of anyth i ng other than grease in any of the loads. At this time, after hearing all declared the hearing closed. who spoke, President Clausen F 01 low i ng de 1 i be rati on, it was moved by Membe r Dalton and seconded by Member McNulty, that Pioneer Liquid Transport, Inc.'s permit to dump 05. :.07, 87' 60 septic sewage be revoked because of repeated falsification of the septic tank disposal forms after warning in writing of the consequences, repeated failure to pay the District's billing within 30 days, and failure to maintain a Contra Costa County Health Department waste hauler permit and to comply with County regulations for reporting. Motion approved on the following roll call vote: AYES: Membe rs: Dalton, McNulty, Boney steel e, Cl ausen NOES: Members: Carl son ABSENT: Members: None It was noted for the record that Member Carl son voted no for the reason there are limited options available to the public for disposal of grease. Member Carlson stated that the District has an obligation to provide a service to the public and to protect the environment. Member Carl son suggested that some other means, ,such as a fi ne, may be more appropriate than revocation of the permit. V. BIDS AND AW ARDS AUTHORIZE $21,SOO IN SEWER CONSTRUCTION FUNDS AND AUTHORIZE PURCHASE OF A 200 HP PUMP FROM McLEMORE PUMP, INC. 1. Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Dal ton and seconded by Member Carl son, that purchase of a 200 HP pump and driver from McLemore Pump Company be authorized and that $21,500 be authorized franthe Sewer Construction Fund for purchase, administrative costs, and contingency. There being no objection, the motion was unanimously approved. VI. CONSENT CALENDAR It was moved by Member Boneysteele and seconded by Member McNulty, that the Consent Cal endar, consi sti ng of el even items, be' approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resolution No. 87-066 accepting an easement at no cost to the Di strict fran KAISER FOUNDATION HOSPITALS, Wal nut Creek area (Job 4046 - Parcel S) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, McNulty, Dalton, Carlson, Clausen NOES: Members: None ,ABSENT: Members: None 2. Resolution No. 87-067 accepting an easement at no cost to the District fran R. G. COLOMBO, et ux, Lafayette area (Job 4142 - Parcel 4) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, McNulty, Dalton, Carlson, Clausen NOES: Members: None ABSENT: Membe rs : None 3. The contract work, for remodel ing of the Wal nut Creek Office Buil di ng (Oi strict proj ect 20047> was accepted and fil i ng of the Notice of Completion authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, McNulty, Dalton, Carlson, Clausen NOES: ABSENT: Members: None Members: None 05::;""~:"~O7\ ts '(" 4. Authorization was given for P.A. 87-17 <Danvllle area) to be included in a future formal annexation to the District and authorization was given for P.A. 87-18 and P.A. 87-19 to be i ncl uded in a future concurrent annexati on to the Town of Danvil 1 e. Motion unanimously approved on the following vote: AYES: Members: Boneysteel e, McNul ty, Dalton, Ca rl son, Clausen NOES: Members: None ABSENT: Members: None s. Proceedings were initiated to formally annex ten separate areas under the title of District Annexation 95 (Resol uti on No. 87-068) . Motion una ni mousl y approved on the fol lowing vote: AYE S: Members: Boney steel e, McNul ty, Dalton, Ca rl son, Cl ausen NOES: Members: None ABSENT: Members: None 6. The quitclaim of a sewer easement, Job 321S, Miscellaneous Parcel, Danville area, was authorized (Resolution No. 87-069). Motion unanimously approved on the following vote: AYES: Membe rs: Boneysteele, McNulty, Dalton, Carlson, Clausen NOES: Members: None ABSENT: Members: None 7. The Public Sewer Overhead Creek Crossing Design Procedure was received as an informational item. No formal Board action was taken. 8. A public hearing was set on June 4, 1987 to consider adoption of an ordinance updating environmental guidelines. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, McNulty, Dalton, Carlson, Clausen NOES: Members: None ABSENT: Members: None 9. A public hearing was set on June 4, 1987 to consider establishment of the 1987-1988 Sewer Service Charge rates, and the collection of such charges on the County tax rolls. Motion unanimously approved on the following vote: AYES: Members: Boney stee 1 e, McNulty, Dalton, Carlson, Cl ausen NOES: Members: None ABSENT: Members: None 10. A hearing was set for May 28, 1987 for the purpose of initiating acquisition of publ ic sewer easements by eminent domain for the San Ramon Valley Interceptor, Project 4224. Motion unanimously approved on the following vote: 05 07 87 .'; '. .. 61 .. 62 AYES: Members: Boneysteel e, McNul ty, Dal ton, Carlson, Clausen NOES: Members: None AB SENT: Members: None ll. The 1986 Pretreatment Program Annual Report Highlights were received as an informational item. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item IX., Treatment Pl ant, was taken out of order to accommodate interested persons in the audience. IX. TREATMENT PLANT AUTHORIZE $17 ,800 FROM THE. SEWER CONSTRUCTION FUND FOR THE DESIGN OF PHASE I OF THE DISTRICT LANDSCAPING PROJ ECT ' 1. , Mr. Charles W. Batts, Plant Operations Department Manager, reviewed the history of the District's Landscape Committee and the Treatment Plant Landscape Master Plan process. Mr. Batts introduced Mr. Greg Hanchett, with the firm of Royston Hanamoto Alley & Abey, who described the design concept for landscape of the Imhoff Place facilities. At the concl usi on of the presentati on, it was moved by Member Carl son and seconded by Member Dal ton, that $17,800 be authorized from the Sewer Constructi on Fund for the desi gn of Phase I of the Di strict Landscape Project. There being no objection, the motion was unanimously approved. ' It was noted for the record, that while President Clausen voiced full support for production of the design and master plan, he indicated he may be unable to support implementation at this time. At this time President Clausen returned to the order of the agenda. VII. ADMINISTRATIVE 1. MODIFY AN EXISTING OPTION IN THE BENEFIT OPTION PLAN TO INCLUDE REIMBURSEMENT OF DENTAL EXPENSES 'IN EXCESS OF THE ANNUAL MAXIMUM LIMIT OF 1HE DISTRICT'S DENTAL PLAN Following explanation,by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member McNulty and seconded by Member Boney steel e, that modification of the Increased Dental Orthodontic Reimbursement option in the Benefit Option Plan to include reimbursement for expenses for regular dental services which exceed the annual limit of $2,000, and retitling this option, Increased Dental Services and Orthodontic Reimbursement, be approved. There being no objection, the motion was unanimously approved. VIII. ENGINEERING 1. CONSIDER ADOPTION OF A NEGATIVE DEQARATION AND AUTHORIZE THE GENERAL MANPGER-CHIEF ENGINEER TO EXEClITE A WASTEWATER DISQ-IARGE CONTRACT WITH GSF ENERGY, INC. Mr. Dolan, General Manager-Chief Engineer, advised that if the proposed contract is approved, the District will accept condensate from GSF Energy, Inc. for treatment. In compl iance with CEQA requirements, the appropriate legal notice has been published. No comments have been received. It was moved by Member Dalton and seconded by Member McNulty, that the Negative Decl arati on be adopted and that the General Manager-Chief Engi neer be authorized to execute a wastewater di scharge contract with GSF Energy, Inc. (Resolution No. 87-070). Motion unanimously approved on the following roll call vote: AYES: Members: Dalton, McNulty, Boneysteele, Carlson, Clausen NOES: Members: None 05 AB,$Ði'f~ Merribè rs : Nor)è",~ o~f' 87 63 IX. TREATMENT PLANT AUTHORIZE $17,800 FROM THE SEWER CONSTRUCTION FUND FOR THE DESIGN OF PHASE I OF THE DISTRICT LANDSCAPING PROJ ECT 1. This item was taken out of order earlier in the agenda. X. APPROV AL OF EXPENDITURES 1. EXPENDITURE LIST DATED MAY 7,1987 Member McNulty, member of the Budget and Finance Committee, stated that she and Member Dalton have reviewed the expenditures and found them to be satisfactory. It was moved by Member McNul ty and seconded by Member Dal ton, that the Expenditure'List dated May 7, 1987, including Self-Insurance Warrant Nos. 100096-100109, Running Expense Warrant Nos. 31930-32282, Sewer Construction Warrant Nos. 4464-4499, and Payroll Warrant Nos. 9684-9924, be approved as recommended. There being no objection, the motion was unanimously approved. XI. BUDGET AND FINANCE 1. REV IEW A FIVE-YEAR FINANCIAL PROJ ECTION FOR THE SELF-INSURANCE FUND AND APPROVE THE INQUSION OF $SOO,OOO FOR THE FUND IN THE 1987-1988 O&M BUDGET Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Jack E. Campbell, Administrative Operations Manager, who described various alternatives for bui 1 di ng the Sel f-Insurance Fund to the 1 evel recommended by the District's insurance consultant, Mr. David Warren. Mr. Campell reviewed the District's recent liability experience. Following discussion, it was the consensus of the Board that $SOO,OOO be included in the 1987-1988 O&M Budget for the Self-Insurance Fund. 2. RECEIVE THE 1987-1988 EQUIPMENT BUDGET FOR REVIEW Members Carlson and Clausen, members of the Capital Projects Committee, stated they have reviewed the proposed Equipment Budget in detail and woul d recommend approval of the requests at the May 19, 1987 Boa rd meeti ng. Following discussion of computer and certain vehicle purchase requests, it was the consensus of the Board that the proposed 1987-1988 Equipment Budget be calendared for Board action at the May 19,1987 Board meeting. ,XII. LEGAL/ LITIGATION 1. DENY QAIM FROM PEGGY LEE BAXTER AND STEPHANIE BAXTER It was moved by Member Dalton and seconded by Member Carlson, that the claim from Peggy Lee Baxter and Stephanie Baxter for alleged damages and injuries resulting fran a January 13, 1987, vehicle accident at 31 Crestview Drive, Orinda, be denied. Motion unanimously approved on the following roll call vote: . AYES: Members: Dalton, Carlson, Boneysteele, McNulty, Clausen NOES: Membe rs: None ABSENT: Members: None XIII. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 05 07 87 ..' ,: 64 XIV. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dol an, General Manager-Chief Engineer, provided a status report on the Acme Fill/Outfall issue. Mr. Dol an discussed the potential val ue and use as additional landfill capacity of the canyon over the District outfall. b. Mr. Dol an briefed the Board on the status of 1 andfill siti ng efforts in the County. The County "Bl ue Ribbon" Committee recently recommended that the two remaining private sites be removed from further consideration. Central San's role in this process was discussed and staff was directed to closely monitor the situation but it was decided that, at this point, the Board would not increase its role without further indication that such would be appropriate. c. Mr. Dolan reported that Mr. Ed Seegmiller, Contra Costa Water ,District General Manager, is favorably disposed to the joint Reclamation Project: particularly in light of a possible drought next year. The possibility of expediting the project is being explored. d. Mr. Dolan reported on the possible sale of Valley Disposal Service to Waste Management. A letter of intent has been signed but no contracts have yet been delivered by Waste Management. Any sal e must comply with the provisions of the franchise agreement and staff will be meeting with representatives of Valley Disposal Service and Waste Management next week on this matter. e. Mr. Dolan introduced Ms. Joyce McMillan, Secretary of the Di stri ct, who reported that a tour of a transfer stati on wil 1 be scheduled during the month of June. f. Mr. Dol an reported that a request has been received from the County concerni ng use of Di strict property for dredgi ng spoil s. Staff has determined that this use would not be in the best interest of the District and would recommend against it. g. Mr. Dolan announced that bids have been opened on the San Ramon Val ley Pipel ine Project. The low bids were substantial ly lower than the engineer's estimate. The bids are being evaluated and will be presented to the Board for action in the near future. h. Mr. Dolan announced the schedule for distribution and discussion of the Capital Improvement Budget and Capital Improvement Plan. i. Mr. Dolan announced that a meeting of Central County cities, and Delta Diablo Sanitation District, and the cities of Pittsburg and Antioch was hel d on May 7, 1987. At that meeti ng a report was received from Price Waterhouse on the schedul e and scope of thei r work. Draft Sol id Waste Management Plan amendments were ,discussed particularly with reference to transfer stations and recycling. The possibility of a Central County JEPA to coordi nate garbage acttviti es wa~ consi dered. j. Mr. Dolan announced that Mr. Ted Wooten, Member of the West Contra Costa Sanitary D,istrict Board of Directors, is approaching 30 years of public service. He indicated that a resolution of commendation would be prepared for Board action. k. Mr. Dolan stated that Central San was well represented at the recent CWPCA Conference. Ei ght papers were presented by Central San people, and all were very well received. 1. ' Mr. Dol an announced that in order to accommodate the Price Waterhouse schedule, garbage rate hearings will be held on July 2,1987. 2. COUNSEL FOR THE DISTRICT Mr. James L. Hazard, Counsel for the District, reported on the status of the North Concord Redevelopment Agency annexation matter. Staff is working with the City of Concord and the developers on the issue and will return to the Board when more detailed information is available. , , '- ' ", ' ~ " 05 "'07 b 7 , " 65 3. SECRETARY OF THE DISTRICT None 4. BOARD MEMBERS a. Following explanation by President Clausen, it was moved by Member Carlson and seconded by Member McNulty, that Resolution No. 87-071 be adopted, expressing support for Senate Bill 204 (Kopp). This bill would exempt special districts from payment of sales tax. Motion unanimously approved on the following vote: AYES: Members: Carl son, McNulty, Boneysteele, Dalton, Clausen NOES: Membe rs: None M3SENT: Members: None It was moved by Member Carlson and seconded by Member Dalton, that Resolution No. 87-072 be adopted, expressing support for Senate Bill 205 (Kopp). This bill would transfer certain moneys from the Retail Sales Tax Fund to a County Subvention Fund, which would be created. Motion unanimously approved on the following vote: AYES: Members: Carl son, Dalton, Boneysteele, McNulty, Clausen NOES: Members: None ABSENT: Members: None Staff was directed to forward copies of the District's position to all 1 egi sl ators, speci a 1 di stri cts, Contra Costa County, CASA, and CSAC. b. Member McNulty reported on the meeting with representatives of the City of Orinda and Orinda-Moraga Disposal Service concerning senior citizen discount rates for refuse collection. It was determined that a signed affadavit would be used as a means test. The rates will be implemented on a trial basis with Orinda-Moraga Disposal Service absorbing the cost. A position paper will be presented to the Board for consideration at the next Board meeting. xv. ANNOJNCEMENTS a. Member Boneysteele announced that Mr. Jack Fleming, Manager of Cupertino Sanitary District, recently passed away. b. Member McNulty requested that schedul ing of th,e first Board meeting in July be calendared for consideration at the May 28,1987 Board meeting. XVI. CLOSED SESSION 1. SIGNIFICANT EXPOSURE TO LITIGATION Pu rsuant to Government Code Secti on S 49S6. 9 (b) , a poi nt has been reached where in the opi ni on of the Boa rd of Di rectors of the Central Contra Costa Sanitary District on the advice of its Counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the District. The title of the litigation is not being identified because to do so would jeopardize the Board's ability to conclude existing settlement negotiations to its advantage. 2. PERSONNEL The èl osed sessi on is bei ng hel d to di scuss personnel pursuant to Government Code Secti on S49S7. At 10:SS p.m., President Clausen declared the closed session to discuss litigation pursuant to Government Code Section S49S6.9(b) and personnel pursuant to Government Code Section s49S7. At 11:12 p.m., President Clausen concluded the closed session and reconvened the meeting into open session. O'5i~,\" O? ;, 8;'7.. ,: 66 05 XVII. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None XV III. ADJ OJ RNMENT There being no further business to come before the Board, President Cl ausen adj ourned the meeti ng at the hour of 11: 12 p.m. to reconvene at 7:30 p.m. on Tuesday, May 19,1987 for an Adjourned Regular Meeting. P si nt of the Board of Directors, e al Contra Costa Sanitary District, unty of Contra Costa, State of California COUNTERSIGNED: , , i !,!,~ , . ;. rrúJY~.{ ¡ ~,~ L ..(. U ' ,.A.,.." S~cryet. y of the Central Contra Ccbsta Sanitary District, County of Contra Costa, State of California 07 87