HomeMy WebLinkAboutBOARD MINUTES 05-28-87
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MINUTES OF THE ADJ OJRNED REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE CENTRAL CONTRA
COSTA SANITARY DISTRICT HELD ON MAY 28,1987
The Di strict Board of the Central Contra Costa Sanitary District
convened in a adj ourned regul ar meeti ng at its regul ar pl ace of meeti ng,
SO19 Imhoff Place, Martinez, County of Contra Costa, State of California,
at 7:30 p.m., on May 28,1987.
President Clausen called the meeting to order and requested that the
Secretary call roll.
I.
ROlL CALL
PRESENT:
Members: Boneysteele, Dalton, McNulty, Carlson, Clausen
ABSENT:
Members:
None
II.
PUBLIC. COMMENTS
None
III.
APPROV AL . OF MINUTES
1.
MINUTES OF MAY 7,1987
It was moved by Member Carlson and seconded by Member Dalton, that
the mi nutes of May 7, 1987, be approved as presented. There bei ng no
objection, the motion was unanimously approved.
At this time, Presi dent Cl ausen departed fran the order of the
agenda to consider Item XII., Closed Session.
XII.
CLOSED SESSION
1.
SIGNIFICANT EXPOSURE TO LITIGATION
Pursuant to Government Code Section 549S6.9(b), a point has been
reached where in the opi nion of the Board of Di rectors of the Central
Contra Costa Sanitary Di strict on the adv ice of its Counsel, based on
exi sti ng facts and ci rcumstances, there i s a si gnificant exposure to
litigation against the District. ' ,
2.
INITIATION OF LITIGATION
Pursuant to Government Code Section S49S6 .9(c), on the adv ice of
Counsel based on existing facts and circumstances, the Board of Directors'
of the Central Contra Costa Sanitary District has decided to initiate or
is deciding whether to initiate litigation. The title of the litigation
is not being disclosed because to do so would jeopardize the ability of
the District to advantageously conclude existing settlement negotiations.
3.
REAL ESTATE NEGOTIATIONS
With respect to real estate negotiations, the closed session was
hel d pursuant to Government Code Secti on 549S6.8. The real property
which the negotiations may concern is Parcel 32, public sewer easements
for the San Ramon Valley Interceptor Project, No. 4224.
At 7 :32 p. m. , Presi dent Cl ausen decl ared the cl osed sessi on to
discuss 1 itigation pursuant to Government Code Sections S4956.9(b) and
(c) and real estate negoti ati ons pursuant to Government Code Secti on
S49S6.8. It was noti ced for the record that because of a confl i ct of
interest, Member Boneysteele refrained fran participating and was not
present for the closed session consideration of Item 1 listed above. At
7:45 p.m., President Clausen concluded the closed session and reconvened
the meeting into open session.
/President Clausen returned to the order of the agenda.
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IV.
HEARINGS
1.
HOLD A HEARING, 'ADOPT A RESOLUTION OF NECESSITY, AND AUTHORIZE
$SO,100 FROM THE SEWER CONSTRUCTION FUND FOR THE PURPOSE OF
INITIATING ACXlUISITION OF PUBLIC SEWER EASEMENTS BY EMINENT DOMAIN
FOR THE SAN RAMON V ALLEY INTERCEPTOR, PROO ECT 4224
President Cl ausen stated that the purpose of this hearing is to
consider adoption of a resolution of necessity to acquire sewer easements
by eminent domain for the San Ramon Valley Interceptor, Project 4224.
President Clausen opened the hearing at the hour of 7:46 p.m.
Mr. Roger J. Dol an, General Manager-Chief Engi neer, introduced Mr.
Curtis 'W. Swanson, Principal Engineer, who described the history and
status of the project. Easements for the project were purchased through
the County with the exception of the former Danville Railroad Station
site and the 2,357-foot secti on between Danvill e Boul evard at Rudgear
Road and Woodl and Drive. Negotiations with Southern Pacific and thei r
lessee for the railroad station easement are underway. The latter parcel
is the subject of this hearing. Both permanent sewer and temporary
construction easements are required. The temporary construction easement
would be needed for a period of one year. The proposed sewer alignment
is the most envi ronmentally and econanically feasibl e al ternative. The
next most feasible alternative would be to construct the pipe in Danville
Boulevard. The cost and disruption to the canmunity would be
significantly greater with that alternative. There is a need to proceed
with the project at this time.
Mr. David M. Madway, attorney for Laura Lorraine Llewellyn Stidger,
addressed the Board stating his opinion that his client has a right to
the property in question.
There being no further comments,
hearing at the hour of 7:52 p.m.
President Clausen closed the
It was moved by Member Dalton and seconded by Member McNulty, after
considering testimony, that Resolution No. 87-080, a resolution of
necessity authoriz i ng the acqui sition of permanent and temporary sewer
easements by eminent domain for the San Ramon Valley Interceptor, Project
4224, be adopted; and that $SO,100 be authorized fran the Sewer
Construction Fund. Motion unanimously approved on the following roll
call vote:
AYES:
Members:
Dalton, McNulty, Boneysteele, Carlson, Clausen
NOES:
ABSENT:
Members:
None
Members:
None
V.
BIDS AND AWARDS
1.
J'tTHORIZE AWARD OF CONTRACT TO GENERAL ELECTRIC COMPANY, TO FURNISH
AND INSTALL IMPROVEMENTS TO THE MOBILE RADIO SYSTEM AND AUTHORIZE
$7S,300 FROM THE SEwER CONSTRUCTIOÑfÜÑD
It was noted for the record that because of Mrs. Boney steel e' s
ownership of General Electric stock, Member Boneysteele did not
participate in the consideration of this item.
Following explanation by Mr. Dolan, General Manager-Chief Engineer,
it was moved by Member Carlson and seconded by Member Dalton, that award
of contract be authorized to General El ectric Canpany to furni sh and
install improvements to the Mobil e Radio System and that $73,500 be
authorized fran the Sewer Construction Fund. Motion approved on the
following roll call vote:
AYES: Members: Carl son, Dalton, McNulty, Clausen
NOES: Members: None
AB SENT: Members: None
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VI.
CONSENT CALENDAR
It was moved by Member McNul ty and seconded by Member Dal ton, that
the Consent Calendar, consisting of three items, be approved as
recommended and resolutions adopted as appropriate.
1.
Report of settl ement of a sewer overfl ow damage cl aim in the
hane of Frank and Helen Bru, 969 Yorkshire Court, Lafayette,
was received for infonmation.
2.
Resolution No. 87-079 commending Theodore R. Wooten for his 30
years of service to West Contra Costa Sanitary District was
adopted.
Motion unanimously approved on the following vote:
AYES: Membe rs: McNulty, Dalton, Boneysteele, Carlson, Clausen
NOES: Members: None
ABSENT: Members: None
3.
$7,SOO was authorized fran the Sewer Constructi on Fund for the
repl acement of S22 feet of sewer in Oak Knoll Loop in Wal nut
Creek.
Motion unanimously approved on the following vote:
AYES: Members: McNulty, Dalton, Boneysteele, Carlson, Clausen
NOES: Members: None
JIB SENT: Members: None
CALL FOR REQUESTS TO CONSIDER ITEMS OUT ,OF ORDER
None
VII.
ENGINEERING
1.
AUTHORIZE $S2,000 FROM THE SEWER CONSTRUCTION FUND FOR A COMPUTER-:-
AIDED MAPPING AND DRAFTING SYSTEM' FEASIBILITY STUDY AND AUTHORIZE
THE GENERAL MAN AG ER-,ŒI IEF ENG INEER , TO . EXEClITE A PROFESSIONAL
SERV ICES AGREEMENT WITH BSI CONSULTANTS, INC.
I
Following discussion of the capabilities of a canputer-aided mapping
and drafting system and the potential for cost-sharing with the County,
it was moved by Member Carl son and seconded by Member Dalton, that the
General Manager-Chief Engineer be authorized to execute an agreement for
technical services with BSI Consultants, Inc., and that $S2,000 be
authorized for the CAD feasibility study. Motion unanimously approved on
the following roll call vote:
AYES:
Members:
Carlson, Dalton, Boneysteele, McNulty, Clausen
NOES:
JlBSENT:
Members:
None
Members:
None
1.
V II I. BUOOET AND FINANCE
RECEIVE THE 1987-1988 OÆRATIONS AND MAINTENANCE BUOOET AND THE
SELF-INSURANCE BUOOET FOR REVIEW '
Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Walter N.
Funasaki, Finance Officer, who highlighted the budgeted revenues,
expenditures, and reserves as detailed in the proposed 1987-1988
Operations and Maintenance Budget presented for the Board's review. Mr.
Funasaki presented the Sel f-Insurance Fund Budget based on di scussi ons
with the Board at the May 7,'1987 Board Meeting.
,
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Mr. James Kelly, Planning Division Manager, reviewed the basis and
details of the proposed changes to the sewer service charge for certain
non-residential sewer users to conform to the District's revenue program
which was a stipulation of the SB Grant. Following discussion, it was
the consensus of the Board that staff contact the supermarkets impacted
by the proposed change to determine if they wish to change their
operations based on the significant increase proposed.
With respect to the proposed 1987-1988 Operations and Maintenance
Budget, changes in the i nsi de pri nti ng and outsi de pri nti ng 1 i ne items
were discussed. Hearing no further questions or comments from the Board,
President Clausen declared that the 1987-1988 O&M Budget and Self-
Insurance Fund Budget were dul y received and would be cal endared for
further consideration at the June 4,1987 Board Meeting.
2.
APPROVE THE FISCAL YEAR 1987-1988 CAPITAL IMPROVEMENT BUOOET FOR
INCLUSION IN THE 1987-1988 DISTRICT BUOOET AND APPROVE THE 1987
TEN-YEAR CAPITAL IMPROVEMENT PLAN
It was moved by Member Carlson and seconded by Member Clausen, that
the Fi scal Year 1987-1988 Capital Improvement Budget be approved for
inclusion in the 1987-1988 District Budget to be adopted on June 18,
1987, and that the 1987 Ten-Year Capital Improvement Plan be approved for
use in capital fee system analysis. Motion unanimously approved on the
following roll call vote: '
AYES: Members: Ca rl son, Clausen, Boneysteele, Dalton, McNulty
NOES: Members: None
ABSENT: Members: None
IX.
EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None
XI.
REPORTS
GENERAL MANAGER-CHIEF ENGINEER
1.
a. Mr. Dol an, General Manager-Chief Engineer, introduced Mr. John
Larson, CSO Department Manager, who reported on the recent Oakland
Boulevard sewer connection. The sanitary sewer had been connected to the
storm drain facility by a plumbing contractor. The cross connection had
existed since April 1985. When advised of the problem, District staff
immediately corrected the error. The property owner will be billed for
the District's work.
b. Mr. Dolan announced that he will be on vacation from noon on May
29,1987 through June 1,1987.
2.
COUNSEL FOR THE DISTRICT
None
3.
SECRETARY OF THE DISTRICT
None
4.
BOARD MEt-eERS
a. Mr. Dave Okita, of the Contra Costa County Community Development
Department, addressed the Board providing a status report of County solid
waste activities. The Ki rker Pass proposed 1 andfill site 1 and use
entitlement public hearing has been closed and the land use permit
certi f ied. The East Contra Costa (Garaventa) proposed 1 andf 11 1 site is
still in the EIR process. The land use entitlement public hearings are
continuing. Mr. Okita also provided an update of the Blue Ribbon Task
Force's efforts to date. Mr. Okita stated that a letter will be mailed
to the District in the near future inviting Central San to playa more
active role in the landfill siting process.
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28
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At the conclusion of his presentation, the Board and staff thanked
Mr. Okita for the status report.
b. Following discussion, it was the consensus of the Board that the
first Board Meeting in July be rescheduled for 7:30 p.m. on July 1,1987.
c. Members Boneysteel e and Carl son reported on the May 1987 CASA.
Conference. The meeti ng was well attended. Many items of importance
were discussed including pending federal and state legislation. The
Directors' program consisted of a Regional Board update, ground water
contamination, hazardous waste disposal, and drug testing.
XI. ANNClINCEMENTS
None
XII. Q OSED SESSION
This item was taken out of order earlier in the agenda.
XIII.
ACTIONS RESULTING FROM DISCUSSIONS IN QOSED SESSION
None
XIV.
ADJ OURNMENT
There being no further business to come before the Board, President
Clausen adjourned the meeting at the hour of 9:40 p.m.
COUNTERSIGNED:
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