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HomeMy WebLinkAboutBOARD MINUTES 06-25-87 98 MINUTES OF THE ADJOURNED REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JUNE 2S, 1987 The District Board of the Central Contra Costa Sanitary District convened in an adjourned regular session at its regular place of meeting, SO19 Imhoff Place, Martinez, County of Contra Costa, State of California, at 7:30 p.m., on June 2S, 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 .AB SENT: Members: None II. PUBLIC COMMENTS None III. ENGINEERING 1. PRESENTATION BY MONTGOMERY ENGINEERS. OF THE IMPACT OF A JOINT TRI-VALLEY WASTEWATER AUTHORITY (lWA) - CENTRAL CONTRA COSTA SANITARY DISTRICT (CCCSD) PROJECT Mr. Roger J. Dol an, General Manager-Chief Engi neer, introduced Ms. Christine Kahr and Mr. Lee Fisher, of James M. Montgomery Engineers. Mr. Fisher presented the analysis of TWA capacity requirements and costs and the potenti al impacts on CCCSD of accepti ng untreated wastewater fl ows from TWA as set forth in the white paper prepared by James M. Montgomery/Camp Dresser & McKee dated June 24,1987. A discussion followed concerning definition of terms. Mr. Robert Whitley, Engineer representing lWA, suggested that other possibly affected local jurisdiction concerns be added to the potential disadvantages cited in the analysis. 2. PRESENTATION OF THE DRAFT LETTER FROM CCCSD TO lWA Mr. James M. Kelly, Planning Division Manager, reviewed the draft 1 etter from the General Manager-Chief Engi neer of CCCSD to lWA setti ng forth the proposed terms and conditions for treatment of wastewater flows from Tri-Valley Wastewater Authority. It was the consensus of the Board that the proposed 1 etter be di rected to the TWA General Manager rather than the Board President and that certain modifications be made to the body of the letter. Staff will proceed with the indicated changes. The pol icy issues associated with providing for future capacity needs and requirements without giving up grant financing benefits were discussed. Mr. Kelly reviewed Attachment 1 setting forth the suggested potential terms and conditions for a joint project and the related policy issues. With regard to Item B., Peak Wet Weather Flows, lWA's authority to enter into the agreement was identified as an additional potential policy issue in need of clarification. With regard to Item E., Future Capacity, maximum and minimum flows, a standby charge, and the operation of TWA and LAVWMA joint facil ities were identified as potential policy issues in need of clarification. With regard to Item F., Future Unknown Regulatory Requirements, the basi s for cost shari ng was changed from "capaci ty" to "proporti onal use." With regard to Item J., Institutional Arrangements, methods for reopening the contract and for resolving disputes were discussed. 06 25 87 99 As a result of Board discussion, the following additional potential pol icy issues were identified for inclusion: development standards, connection charge and connection fee rate setting and collection, changes in zoning or master plan, water reclamation, real property acquisitions, legal authority, and other jurisdictional issues. In closing Mr. Kelly reviewed the basis of the costs. Member Boneysteele requested that the proposal be redefined on a present worth basis. Mr. Kelly agreed that could be done for internal use but that TWA would do their own analysis of the costs. In summary, Mr. Dolan stated that there is general acceptance by the Board that the methodology for allocation of costs is appropriate, that further work is needed on the definitions section, that the potential policy issues identified in discussion should be added, and that modifications to the letter suggested by the Board should be made. The Board concurred. Mr. Whitley reviewed the status and timel ine for the lWA EIR and project. Mr. Whitley stated that one or more member agencies of lWA can enter into an agreement through lWA without binding the other parties. Mr. Whitley complimented District staff on their thorough staff work and presentation and indicated that he would carry the proposal to the lWA Board of Directors. IV. EMErGENCY SITUATIONS REQUIRING BOARD ACTION None v. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan, General Manager-Chief Engineer, introduced Mr. James L. Hazard, Counsel for the District, who provided a status report of the North Concord/Bedford annexation. Mr. Hazard reported that on June 22, 1987, Superior Court Judge James issued a Writ of Mandate setting aside the certificate of completion issued by the LAFCO Executive Officer which annexed North Concord to the District. Mr. Hazard described the tax impl ications and the loss in tax revenues to the District. Judge James ordered the matter back to the City of Concord to comply with CEQA. The District has three options: 1) wait until the reorganization takes place, allowing no new connections and maintaining the status quo; 2) request Bedford to petition to LAFCO for a paral lel annexation to our District while the City of Concord annexation is being resolved; or 3) enter into a contract to provide service outside our boundary to the Bedford property subject to certain terms and conditions approved by the Board of Directors. At this time Item VII., Closed Session, was taken out of order. VII. QOSED SESSION 1. SIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section S49S6.9(b), a point has been reached where in the opinion of the Board of' Directors 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. ' At 10:33 p.m., President Clausen declared the closed session to discuss 1 itigation pursuant to Government Code Section S49S6.9(b). At 11:00 p.m., President Clausen concluded the closed session and reconvened the meeting into open session. President Clausen matter. returned to North Concord/Bedford Annexation Mr. Bud Lake, Vice President of Bedford Properties, addressed the Board stating that Bedford Properties would prefer to petition LAFCO for a separate annexation to the District. Bedford Properties would 06 ,.25 ~7 100 indemnify the District and would continue to work with Winton Jones and the City of Concord to try to resolve the EIR issues. It was moved by Member Carlson and seconded by Member Boneysteele, that staff and Counsel for the District prepare an agreement to provide continuance of service for the Bedford parcel until the annexation is approved; that Bedford Properties indemnify and hold the District harmless from any lawsuits or expenses in defending the District as result of the agreement for providing temporary service; that Bedford Properties diligently proceed with annexation to the District; that staff work with the County on the tax increment sharing to make the District whole; and that Bedford Properties assist in the effort to regain the tax increment lost to the District as a result of the June 22, 1987 Superior Court action. Motion unanimously approved on the following roll call vote: AYES: Members: Ca rl son, Boneysteele, Dalton, McNul ty, Cl ausen NOES: Members: None ABSENT: Members: None b. Mr. Dolan, General Manager-Chief Engineer, reported that Etch-Tek, Inc. has violated their wastewater discharge permit in three categories: late reporting, missing analysis, and a marginal violation of the copper limit. Staff proposed that a letter be sent to Etch-Tek, Inc. imposing a $12,S08 fine and advising them of District procedures for a show cause hea'ring shoul d the fine not be pai d by the July IS, 1987 deadline. . 2. COUNSEL FOR THE DISTRICT None 3. SECRETARY OF THE DISTRICT None 4. BOARD MEt-BERS None VI. ANNOJNCEMENTS None VII. QOSED SESSION 1. SIGNIFICANT EXPOSURE TO LITIGATION This item was taken out of order earlier in the agenda. 2. PE RSONNEL With respect to personnel, the cl osed sessi on was held pursuant to Government Code Section S49S7. At 11:14 p.m., President Clausen declared the closed session. At 11:20 p.m., President Clausen concluded the closed session and reconvened the meeting into open session. VIII. ACTIONS RESULTING FROM DISCUSSIONS IN QOSED SESSION None 06 ,2~5 :.&7 101 IX. ADJ OlJRNMENT There being no further business to come before the Board, President Clausen adjourned the meeting at the hour of 11:21 p.m. to reconvene at 7:30 p.m. on Wednesday, July 1, 1987 for an adjourned regular meeting of the Board of Directors. COUNTERSIGNED: ';,."-./ 06 25. 87