HomeMy WebLinkAboutBOARD MINUTES 10-01-87
159
MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE CENTRAL CONTRA
COSTA SANITARY DISTRICT HELD ON OCTOBER 1, 1987
The District Board of the Central Contra Costa Sanitary District
convened in a regul ar meeti ng at its regul ar pl ace of meeti ng, 5019
Imhoff Pl ace, Marti nez, County of Contra Costa, State of Cal iforni a, at
7:30 p.m. on October 1,1987.
President Clausen called the meeting to order and requested that the
Secretary call roll.
I.
ROLL CALL
PRESENT:
Members:
Boneysteele, McNulty, Carlson, Clausen
ABSENT:
Members:
Dalton
Member Dalton had advised staff that he would be unable to attend
this meeting and requested that he be excused.
II.
PUBLIC COMMENTS
None
III.
APPROVAL OF MINUTES
1.
MINUTES OF AUGUST 27, 1987
It was moved by Member McNul ty and seconded by Member Boneysteel e,
that the minutes of August 27, 1987, be approved as presented. There
being no objection, the motion was approved with Member Dalton being
absent.
MINUTES OF SEPTEMBER 3,1987
2.
It was moved by Member Boney steel e and seconded by Member Carl son,
that the minutes of September 3, 1987, be approved with the following
amendments:
On Dace 1. Item I. Roll Call, a sentence was added to refl ect that
Member McNulty had indicated previously that she would be unable to
attend this meeting and requested that she be excused.
, On page 1, Item II. Public Comments, the fourth sentence was amended
to read: "Mr. Roger J. Dol an, General Manager-Chief Engi neer, stated
that the District's present intention is to use this property as a buffer
zone, but that the Di strict coul d not commit to 1 imit its use shoul d
other future District plans develop."
On page 4, Item VI. Engineer, 2., the sentence "Staff indicated it
was less expensive" was added to the end of the first paragraph.
There being no objection, the above motion was approved with Member
Dalton being absent and Member McNulty abstaining.
3.
MINUTES OF SEPTEMBER 17,1987
It was moved by Member Carlson and seconded by Member Clausen, that
the minutes of September 17, 1987, be approved with the fol lowing
amendment:
On page 1, Item I. Roll Call, a sentence was added to reflect that
Members Boneysteele and McNulty had indicated previously they would be
unable to attend this meeting and requested that they be excused."
There being no objection, the motion was approved with Member Dalton
being absent.
10
01
87
~' "
, '
'"
160
IV.
BIDS AND AW ARDS
1.
AUTHORIZE AWARD OF CONTRACT TO CLASSIC ELECTRIC AND DATA FOR THE
INSTALLATION OF THE Q-ILORINE EMERGENCY VISUAL ANNUNCIATOR SYSTEM,
PROJ ECT NO. 10027
Mr. Roger J. Dolan, General Manager-Chief Engineer, reported that
the Chlorine Emergency Visual Annunciator System is a safety emergency
warning system which will provide a visual beacon in all of the locations
in the Treatment Plant where the siren may not be heard.
A Board discussion followed concerning the safety of the adjoining
areas. Staff was requested to notify the neighbors of the chlorine
emergency procedures and to provide training as appropriate. '
It was moved by Member Carlson and seconded by Member Boneysteele,
that award of contract be authorized to Cl assic Electric and Data, the
lowest responsible bidder for $3S,869, for the installation of District
Sewer Project 10027, Chlorine Emergency Visual Annunciator System. There
bei ng no obj ecti on, the moti on was approved with Member Dalton bei ng
absent.
2.
REJECT BID FROM V&M BACKHOE AS NONRESPONSIVE AND AUTHORIZE AWARD OF
A CONTRACT TO CARONE BROTHERS, INC. FOR CONSTRUCTION. OF DISTRICT
PROJ ECT NO. 20052, TREATMENT PLANT DRAINAGE, PHASE II
It was moved by Member Carlson and seconded by Member McNulty, that
the bid of V&M Backhoe be rejected as nonresponsive, and that award of a
constructi on contract for the constructi on of Trea'bnent Pl ant Drai nage,
Phase II, Di strict Proj ect No. 200S2, be authorized to Carone Brothers,
Inc. as the lowest responsible bidder. There being no objection, the
motion was approved with Member Dalton being absent.
v.
CONSENT CALENDAR
It was moved by Member Boneysteele and seconded by Member McNulty,
that the Consent Calendar, consisting of nineteen items, be approved as
recommended, resolutions adopted as appropriate, and recordings duly
authorized.
1.
Resolution No. 87-162 accepting an easement at no cost to the
District from A. SAVAGE, et ux, Lafayette area, Job 4142 -
Parcel 1, wa~ adopted and recording authorized.
Motion approved on the following vote:
A YES: Members: Boneysteel e, McNulty, Ca rl son, Cl ausen
NOES: Members: None
ABSENT: Members: Dalton
2.
Resolution No. 87-163 accepting an easement at no cost to the
District from R. W. CARRAU, et ux, Orinda area, Job 43S6 -
Parcell, was adopted and recording authorized.
Motion approved on the following vote:
AYES: Members: Boneysteele, McNulty, Cl ausen
NOES: Members: None
ABSENT: Members: Dalton
ABSTAIN: Members: Ca rl son
3. ,
Resolution No. 87-164 accepting an easement at no cost to the
District from CARRAU INVESTM:NT CORPORATION, Orinda area, Job
43S6 - Parcel 2, was adopted and recording authorized.
Motion approved on the following vote:
10
01
87
161
AYES: Mem be rs: Boneysteele, McNulty, Cl ausen
NOES: Members: None
.ABSENT: Members: Dalton
ABSTAIN: Members: Ca rl son
4.
Resolution No. 87-16S accepting an easement at no cost to the
District from B. Dew, et ux, Orinda area, Job 3930 - Parcell,
was adopted and recording authorized.
Motion approved on the following call vote:
AYES:
Boneysteele, McNulty, Carlson, Clausen
Members:
NOES:
Members:
None
ABSENT:
Members:
Dalton
s.
Resolution No. 87-166 accepting an easement at no cost to the
District from OWEN C. DICKSON, Orinda area, Job 3930 - Parcel
2, was adopted and recording au~horized.
Motion approved on the following vote:
AYES:
Boneysteele, McNulty, Carlson, Clausen
Members:
NOES:
Members:
None
.ABSENT:
Dalton
Members:
6.
Resolution No. 87-167 accepting an easement at no cost to the
Di strict from W. J. NEWMAN, III, Ori nda area, Job 3930 - Parcel
3, was adopted and recording authorized.
Motion approved on the following vote:
AYES:
Membe rs:
Boneysteele, McNulty, Carlson, Clausen
NOES:
Members:
None
ABSENT:
Members:
Dalton
7.
Resolution No. 87-168 accepting an easement at no cost to the
District from G. ROBINSON, et ux, Orinda area, Job 3930 -
Parcel 4, was adopted and recording authorized.
Motion approved on the following vote:
AYES: Members: Boney steel e, McNulty, Ca rl son, Cl ausen
NOES: Members: None
ABSENT: Members: Dalton
8.
Resolution No. 87-169 accepting an easement at no cost to the
District from S. V. WAGLER, Orinda area, Job 4286 - Parcel 2,
was adopted and recording authorized.
Motion approved on the following vote:
AYES:
Boney steel e, McNul ty, Ca rl son, Cl ausen
Members:
NOES:
Members:
None
ABSENT:
Members:
Dalton
9.
Resolution No. 87-170 accepting an easement at no cost to the
District from H. F. HAMANN, et ux, Orinda area, Job 4286 -
Parcel 3, was adopted and recording authorized.
Motion approved on the following vote:
10
01
87
.', <',
162
.,
10
AYES: Members: Boneysteele, McNulty, Ca rl son, Cl ausen
NOES: Members: None
ABSENT: Members: Dalton
10.
Resolution No. 87-171 accepting an easement at no cost to the
District from S. E. GANTNER, et ux, Orinda area, Job 4286 -
Parcel 4, was adopted and recording authorized.
Motion approved on the following vote:
AYES: Membe rs: Boney steel e, McNulty, Carl son, Cl ausen
NOES: Members: None
ABSENT: Members: Dalton
ll.
Resolution No. 87-172 accepting an easement at no cost to the
District from T. A. EIJÑARDS, et ux, Orinda area, Job 4286 -
Parcel S A and B, was adopted and recording authorized.
Motion approved on the following vote:
AYES:
Members:
Boneysteele, McNulty, Carlson, Clausen
NOES:
Members:
None
ABSENT:
Membe rs :
Dalton
12.
The contract work for construction of Storm Damage Repair
Project (Karp Sl ide) at 3717 Happy Vall ey Road, Lafayette COP
4209) was accepted and filing of the Notice of Completion was
authorized.
Motion approved on the following vote:
AYES: Members: Boney steel e, McNul ty, Carl son, Cl ausen
NOES: Members: None
ABSENT: Members: Dalton
. 13.
The contract work for the construction of LID S6, La Casa
Via/Brodia Way, Walnut Creek (DP 4144) was accepted and filing
of the Notice of Completion was authorized.
Motion approved on the following vote:
AYES:
Members:
Boney steel e, McNul ty, Carl son, Cl ausen
NOES:
ABSENT:
Members:
None
Members:
Dalton
14.
Quitclaim Deed to Dorothea M. Franceschi, et al, Job No. 1610
was approved, the President of the District Board of Directors
and the Secretary of the Di strict were authorized to execute
and record said Quitclaim Deed, and Resolution No. 87-173 was
adopted to that effect.
Motion approved on the following vote:
AYES: Members: Boney steel e, McNulty, Ca rl son, Cl ausen
NOES: Members: None
ABSENT: Members: Dalton
IS.
Quitclaim Deed to Smith and Wallace Development Company, Job
406S, was approved, the President of the Board of Directors and
the Secretary of the Di strict were authorized to execute and
01
87
163
record said Quitclaim Deed,
adopted to that effect.
and Resolution No. 87-174 was
Motion approved on the following vote:
AYES:
Members:
Boneysteele, McNulty, Carlson, Clausen
NOES:
ABSENT:
Members:
None
Members:
Dalton
16.
Executi on of Easement Agreement for Sewer Crossi ng under the
Contra Costa Canal - Wal nut Creek area, Job 40SS - Parcel S,
was authorized and Resol uti on No. 87-17S was adopted to that
effect.
Motion approved on the following vote:
AYES:
Members:
Boneysteele, McNulty, Carlson, Clausen
NOES:
Members:
None
ABSENT:
Members:
Dalton
17.
The Agreement regardi ng conveyance of property between
Galaxy-Burnett Associates, and Galaxy-Orion Associates, Galaxy
Associates, City of Concord, and Central Contra Costa Sanitary
District was approved and the President of the District Board
of Directors was authorized to execute said document
(Resolution No. 87-176).
Motion approved on the following vote:
AYES:
Members:
Boneysteele, McNulty, Carlson, Clausen
NOES:
Members:
None
ABSENT:
Members:
Dalton
18. Authorization was given for P.A. 87-30 (Martinez), P.A. 87-31
, (Martinez), P.A. 87-32 <Orinda), P.A. 87-33 (Pleasant Hill) and
P.A. 87-34 (Danville) to be included in a future formal
annexation to the District.
Motion approved on the following vote:
AYES:
Members:
Boneysteele, McNulty, Carlson, Clausen
NOES:
Members:
None
ABSENT:
Members:
Dalton
19.
Adoption of Resolution No. 87-161, District Annexation No. 99,
A Resolution of Application for the Annexation of Properties to
Central Contra Costa Sanitary District (Shadow Creek
Development), was confirmed.
Motion approved on the follow i ng vote:
AYES: Members: Boneysteele, McNulty, Ca rl son
NOES: Members: None
.ABSENT: Members: Dalton
ABSTAIN: Members: Cl ausen
CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
Mr. Dolan, General Manager-Chief Engineer, requested that Items IX.,
Solid Waste, and XV., Closed Session, be taken out of order to
accommodate interested persons in the audience.'
l~O:':
0'1'
8'7
164
xv.
a.OSEDSESSION
1.
SIGNIFICANT EXPOSURE TO LITIGATION
Pursuant to Government Code Section S4956.9(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 c;ircumstances, there is a significant exposure to
litigation against the. District. The titles of the litigation are not
being identified because to do so would jeopardize the Board's ability to
conclude existing settlement negotiations to its advantage.
2.
INITIATION OF LITIGATION
Pursuant to Government Code Section S49S6.9(c), on the advice 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 effectuate service of process or to advantageously
conclude existing settlement negotiations.
At 7:47 p.m., President Clausen declared the closed session to
discuss litigation pursuant to Government Code Sections S49S6.9(b) and
(c). Because of a potential conflict of interest, Member Carlson did not
enter the closed session until 7:S1 p.m. At 7:S8 p.m., President Clausen
concluded the closed session and reconvened the meeting into open
session. At this time President Clausen moved to Item IX., Solid Waste.
IX.
SOL ID WASTE
1.
ADOPTION OF LEGISLATIVE FINDINGS FOR SETTING OF GARBPGE COLLECTION
RATES
President Clausen stated that a communication was received from Mr.
Sanford Skaggs, the attorney representing Valley Disposal Service, Inc.
and Orinda-Moraga Disposal Service, Inc., requesting that this item be
postponed for two weeks to allow him to review the Legislative Findings
and ,the Administrative Record. A discussion followed wherein it was
determined that sufficient notice was given of the date for consideration
of this matter and that it would be appropriate to proceed at this time.
It was moved by Member McNulty and seconded by Member Boneysteele,
that the Legislative Findings for Setting of Garbage Collection Rates be
adopted and that said findings be filed by the Secretary of the District
with the Administrative Record of the 1987 garbage collection rate
setting process. Motion approved on the following roll call vote:
AYES:
Members:
McNul ty, Boneysteel e, Ca rlson, Cl ausen
NOES:
ABSENT:
Members:
None
Members:
Dalton
At this time, President Clausen returned to the order of the agenda.
VI.
ADMINISTRATIVE
1.
ADOPT THE DISTRICT'S FORMAL BID STANDARD, S-O13
Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Ken
Laverty, Purchasing and Materials Officer, and Mr. Kent Alm, Associate
Counsel for the District, who assisted in development of the District's
formal bid standard and who are avail able to answer any questions the
Boa rd may have.
Following discussion of the $10,000 bidding 1 imit and phasing of
projects, it was moved by Member Carlson and seconded by Member
Boneysteele, that Standard S-O13, BIDS, be- adopted for use by all
District personnel. Motion approved on the following roll call vote:
,10
0.1
87
"
165
AYES:
Members:
Carl son, Boney steel e, McNul ty, Cl ausen
NOES:
Members:
None
ABSENT:
Members:
Dalton
VII.
PLANT OPERATIONS
1.
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXEClITE A CONTRACT
WITH REALOOIC FOR PHASE II OF THE PLANT CONTROL SYSTEM SOFlWARE
UffiRADE, PROJ ECT NO. 10020
Mr. Dol an, General Manager-Ch ief Engi neer, recommended that
executi on of a consul ti ng agreement with REALOOIC for upgrade of the
software for the control system computer be authorized.
Mr. Wil 1 iam Brennan, Pl ant Operations Division Manager, described
the process control function of the Modcomp computer and the District's
current investment in both hardware and software.
It was moved by Member McNulty and seconded by Member Carlson, that
the General Manager-Chief Engineer be authorized to execute a contract
with REALOOIC, in the amount of $96,SOO for a portion of Phase II of the
Plant Control System Software Upgrade, Project No. 10020. Motion
approved on the following roll call vote:
AYES:
Members:
McNulty, Carlson, Boneysteele, Clausen
NOES:
Membe rs :
None
ABSENT:
Mernbe rs:
Dalton
VIII.
APPROVAL OF EXPENDITURES
1.
EXPENDITURE LIST DATED OCTOBER 1, 1987
Member McNulty, member of the Budget and Finance Committee, stated
that she and Member Clausen reviewed the expenditures and found them to
be satisfactory.
It was moved by Member McNulty an~ seconded by Member Clausen, that
the Expenditure List dated October 1, 1987, including Self-Insurance
Warrant Nos. 100149-1001S6, Running Expense Warrant Nos. 34760-3S198, and
Sewer Construction Warrant Nos. 4892-49S8, be approved as recommended. A
discussion followed concerning discounts. At the conclusion of the
discussion, the above motion was approved with Member Dalton being
absent. ' ,
IX.
SOLID WASTE
ADOPTION OF LEGISLATIVE FINDINGS FOR SETTING OF GARBAGE COLLECTION
RATES
1.
This item was taken out of order earlier in the agenda.
X.
REAL PROPERTY
1.
CONSIDER ADOPTION OF A NEGATIVE DECLARATION AND AUTHORIZE THE
GENERAL MANAGER-Q-IIEF ENGINEER TO PROCEED WITH THE. ACXlUISITION OF
THE LAGISS PROPERTY
Receipt of a letter from Mr. Anthony G. Lagiss dated September 30,
1987, was acknowledged.
It was moved by Member Carlson and seconded by Member McNulty, that
the Negative Declaration for the Proposed Acquisition of the Lagiss
Property for the Treatment Plant Buffer Zone be adopted, that the General
Manager-Chief Engineer be authorized to proceed with the acquisition of
the Lagiss parcel, and that Resolution No. 87-177 be adopted to that
effect. Motion approved on the following roll call vote:
10
01
87
166
AYES: Members: Ca rl son, McNulty, Boneysteele, Clausen
NOES: Members: None
ABSENT: Members: Dalton
XI. CORRESPONDENCE
1.
LETTER FROM MR. MARSHALL GRODIN, VICE-PRESIDENT AND GENERAL MAN~ER
OF VALLEY DISPOSAL SERVICE, INC. ,REQUESTING ,CONSENT TO ASSIGNMENT
OF FRANCHISE .
Receipt of the letter from Mr. Marshall Grodin, Vice-President and
General Manager of Val ley Disposal Service, Inc., requesting consent to
assignment of franchise, was acknowledged. Following discussion, staff
was di rected to draft a letter requesting additional information from
Valley Disposal. Board Members were requested to contact staff by
October 7, 1987~ with items for inclusion in the letter.
XII.
EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None
1.
XIII.
GENERAL MANAGER OiIEF ENGINEER
REPORTS
a. Mr.. Dol an, General Manager-Chief Engi neer, presented a status
report of the Sol i d Waste J PA Pl anni ng Committee. At the 1 ast meeti ng
the group decided to create a Pol icy Committee made up of one elected
official from each franchising agency. This Committee will review the
draft JPA document and make the key decisions concerning such matters as
scope of membership, scope of service, and financing considerations. A
Management Committee wil 1 also be formed to provide detail ed review of
the JPA document. The Board President is requested to appoint a member
to the Policy Committee and to appoint the General Manager-Chief Engineer
to the Management Committee.
, b. Mr. Dolan reported that the District has been invited to attend
a dinner honoring Mr. Theordore R. Wooten for 30 years of public service.
Board Members Boneysteele and McNulty indicated that they planned to
attend.
, c. Mr. Dol an announced that he woul dbe attending the WPCF meeting
in Philadelphia on October S-8, 1987 and that he would take vacation on
Friday, October 9,1987. Messrs. Charles Batts and James Kelly will also
be attending the WPCF meeting.
2.
COUNSEL FOR THE DISTRICT
None
3.
SECRETARY OF THE DISTRICT
None
4.
BOARD MEM3ERS
a. Due to Board Member Dalton's absence, there was no report of the
Solid Waste Commission meeting.
b. It was. moved by Member Carlson and seconded by Member McNulty,
that the regular District Board Meeting of November S, 1987, be
rescheduled for October 29,1987, due to conflict with the quarterly CASA
meeting. There being no objection, the motion was approved with Member
Dalton being absent.. ,
XIV.
ANNOJNCEMENTS
None
XV.
QOSED SESSION
10
....
This item was:taken out of order earlier in the agenda.
."'~ " ,;
0187
167
XVI.
ACTIONS RESULTING FROM DISCUSSIONS IN ClOSED SESSION
None
XVII.
ADJ OURNMENT
There being no further business to come before the Board, President
Clausen adjourned the meeting at the hour of 9:00 p.m.
/"
.-'~~¥~~
Presidént of the Board of Directors
Qent~l Contra Costa Sanitary District,
Cotfnty 'of Contra Costa, State of Cal iforni a
COUNTERSIGNED:
.1
\.~ ~ ¿ .,n1l/Y-,,'u~'^-
S~c e. ary of the Central Contra
Co- a Sanitary District, County
of Contra Costa, State of California
10
01
87