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HomeMy WebLinkAboutBOARD MINUTES 10-29-87 174 MINUTES OF THE ADJOURNED REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA, SANITARY DISTRICT HELD ON OCTOBER 29,1987 The District Board of the Central Contra Costa Sanitary District convened in an adjourned regular meeting at its regular .place of meeting, SO19 Imhoff Place, Martinez, County of Contra Costa, State of California, at 7:30 p.m. on October 29,1987. President Clausen called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Boneysteele, Dalton, McNulty, Carlson, Clausen ABSENT: Members: None On behalf of the Board and staff of the Central Contra Costa Sanitary District, President Clausen congratulated Member Nels Carlson for his ten years of service to the District as a Member of the Board of Directors and presented him with a ten-year service award. Board Members congratulated Member Parke Boneysteele, as well, for this twenty years of service to the District. Member Boneysteele's 20-year service award was presented at the Service Awards Luncheon held on October 28,1987. II. PUBLIC COMMENTS None III. APPROVAL OF MINUTES 1. MINUTES OF OCTOBER 1,1987 It was moved by Member McNul ty and seconded by Member Boneysteel e, that the minutes of October 1, 1987, be approved as presented. There being no objection, the motion was unanimously approved. 2. MINUTES OF OCTOBER IS, 1987 It was moved by Member McNul ty and seconded by Member Boneysteel e, that the minutes of October IS, 1987, be approved with the fol lowing amendment: The first sentence in the second paragraph on page 4 was amended to read: "Member Ca rl son questioned the need for the catastroph i c ' loss property insurance, stating that with the high deductible limits and the excl usion of earthquake coverage from the pol icy, the potential loss under the coverage listed would probably impact only one location." There being no objection, the above motion was unanimously approved. IV. HEARINGS 1. CONDUCT A PUBLIC HEARING ON THE PROPOSED 1987-88 SCHEDULE OF FEES Mr. Roger J. Dolan, General Manager-Chief Engineer, introduced Mr. James M. Kelly, Planning Division Manager, who stated that a summary of the findings and proposed rates and charges, a comparison of fees charged by other agencies, and a detailed basis for the proposed 1987-1988 fees are presented for the Board's consideration. Mr. Kel ly introduced Mr. Bart Brandenburg, Associate Engineer, who highlighted the fees that have decreased greatly, those that have increased more than three percent, and the new fees being proposed. In the discussion that followed, staff was requested to advise the cities of the new lateral abandonment fee that is proposed. Members Cl ausen, Carl son, and McNulty questi oned the proposed $800 fee for preparation and processing of Agreements Relating to Real 10 ,29 87 175 Property, feeling that the fee may be a deterrent. Since the Agreements Relating to Real Property are of benefit to the District, Members Clausen, Carlson and McNulty felt it would be better to encourage their use. Member Boneysteele suggested using actual cost, thus avoiding having the general public subsidize those building over District easements. Item F-4, Speci al Di scharge Permit Fees, were' di scussed. Concern was expressed by the Board that some fees or ordinances may be impractical' or impossible to enforce. In the discussion it was pointed out that special discharge events could result in water quality problems or pipeline capacity problems if they were unregulated. Therefore, while the District did not intend to undertake an accelerated enforcement program on inconsequential special dischargers, it was important to adopt regulations to control these discharges and fees to cover District costs associated with the required staff work. It was noted that correspondence was received from Mr. Joe Bristol, of Roto Rooter, indicating that he had no comments on the proposed fee schedule. No other correspondence was received. President Clausen opened the public hearing at the hour of 8:28 p.m. There being no comments either in favor of or in opposition to the proposed 1987-1988 Schedul e of Fees, the publ ic hearing was decl ared closed. The matter of installation of overflow devices was discussed. Following consideration, it was determined that staff would investigate the costs and the magnitude of this issue. Following deliberation, it was moved by Member Boneysteele and seconded by Member Dalton, that the findings as set forth in Attachments A and C to the positi on paper be adopted; that the proposed 1987-1988 Schedule of Fees excluding Item D-3, Preparation and Processing of Agreements Relating to Real Property, be adopted as recommended, effective on or about November 16, 1987; and that Ordinance No. 165 be adopted to that effect. Motion unanimously approved on the fol lowing roll call vote: . AYES: Members: Boneysteele, Dalton, McNulty, Carlson, Clausen NOES: Members: None AB SENT: Members: None It was moved by Member Boneysteele, that a fee of $800 for preparation and processing of Agreements Relating to Real Property, be adopted. Motion died for lack of a second. It was moved by Member Dal ton and seconded by Member Boneysteel e, that the present pol icy of col 1 ecti ng actual costs for preparati on and processing of Agreements Relating to Real Property, be retained. Board action was delayed pending further discussion. It was moved by Member McNulty and seconded by Member Carlson, that a maximum fee of $800 be adopted for preparation and processing of Agreements Relating to Real Property. The motion failed to pass on the following roll call vote: AYES: Members: McNulty, Ca rl son NOES: Members: Boneysteele, Dalton, Clausen AB SENT: Members: None At this time Board consideration returned to the previous motion made by Member Dal ton and seconded by Member Boneysteel e, that the present policy of collecting actual costs for preparation and processing Agreements Relating to Real Property, be retained. Motion approved on the following roll call vote: I~' or' \ U g9., 87 176 AYES: Members: Da 1 ton, Boneysteele, McNulty, Cl ausen NOES: Members: Ca rl son ABSENT: Members: None Staff was requested to keep records of the actual costs for preparation and processi ng of Agreements Rel ati ng to Real Property for use in future rate-setting processes. V. BIDS AND AWARDS 1. AWARD A CONTRACT TO PACIFIC MECHANICAL CORPORATION FOR CONSTRUCTION OF DISTRICT PROJECT NO. 42S7, SOlDIER PILE INSTALLATION FOR PROTECTION OF FUTURE A-I LINE EXCAVATION' Mr. Dolan, General Manager-Chief Engineer, stated that the letter from Valentine General Engineering Contractors requesti,ng that the low bidder, Pacific Mechanical Corporation, be disqual ified and the accompanying memorandum from Engineering Division Manager David R. Williams, were distributed to the Board. Staff would recommend that the contract be awarded to the low bidder, Pacific Mechanical Corporation. Following discussion, it was moved by Member McNulty and seconded by Member Dalton, that a contract for the construction of District Project No. 42S7, Soldier Pile Installation, be awarded to Pacific Mechanical Corporation as the lowest responsible bidder and that allocation of $6S,600 from the Collection System Program contingency account be approved. Motion unanimously approved on the following roll call vote: AYES: NOES: Members: McNulty, Dalton, Boneysteele, Carlson, Clausen Members: None ABSENT: Members: None VI. CONSENT CALENDAR It was moved by Member McNulty and seconded by Member Dalton, that the Consent Cal endar, consi sti ng of six items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resolution No. 87-192 accepting an easement at no cost to the District from T. E. POORE, et al, Walnut Creek area (Job 4379- Parcel 2) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: McNulty, Dalton, Boneysteele, Carlson, Clausen NOES: Members: None AB SENT: Members: None 2. Resolution No. 87-193 accepting an easement at no cost to the District from H. DUPREE, et ux, Lafayette area (Job 40S7 ... Parcell) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: McNulty, Dalton, Boneysteele, Carlson, Clausen NOES: Members: None ABSENT: Members: None 3. An Amendment to the State Util ities Agreement 106.09.6 concerning relocation and adjustment of certain District faci 1 iti es in Norri 5 Cånyon Road and east of Freeway 680 <DP 4042) was approved and the President of the Board of Directors and the Secretary of the Di strict were authorized to execute said Agreement (Resolution No. 87-194). .10 "2,9 ""'87'" 177 Motion unanimously approved on the following vote: AYES: Members: McNulty, Dalton, Boneysteele, Carlson, Cl ausen NOES: Members: None ABSENT: Members: None 4. Resol ution No. 87-19S, a Resol ution of Appl ication for the annexati on of ten separate properti es to Central Contra Costa Sanitary Di strict under the titl e Di strict Annexati on 98, was adopted. Motion unanimously approved on the following vote: A YES: Members: McNulty, Dalton, Boneysteele, Carlson, Cl ausen NOES: Members: None ABSENT: Members: None S. November 19, 1987 was established as the date for a publ ic hearing to consider adding a chapter to the District Code entitled "Abandoning of Sewers." Motion unanimously approved on the following vote: AYES: Members: McNul ty, Dalton, Boneysteele, Carlson, Clausen NOES: Members: None ABSENT: Members: None 6. The attendance of William E. Brennan, Plant Operations Division Manager, was authorized at the Virginia Water Pollution Control Associ ati on Speci al ty Conference, "Strategi es for Wastewater Odor Control." Motion unanimously approved on the following vote: AYES: Members: McNulty, Dalton, Boneysteele, Carlson, Clausen NOES: Members: None ABSENT: Members: None CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None VII. ENGINEERING 1. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXEClITE AN AGREEMENT WITH CAMP DRESSER & MCKEE, INC. (COM) FOR PROFESSIONAL SERVICES RELATED TO WATERSHED PLANNING It was moved by Member Carlson and seconded by Member Dalton, that the General Manager-Chief Engineer be authorized to execute an agreement with Camp Dresser & McKee for professional services related to the watershed planning in the amount of $7S,000. There being no objection, the motion was unanimously approved. 2. ADOPT FINDINGS UNDER CEGA. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH SHAPELL INDUSTRIES. INITIATE PROCEEDINGS TO FORMALLY ANNEX THE WEST BRANCH DEVELOPMENT UNDER THE TITLE OF DISTRICT ANNEXATION 101 President Clausen disqualified himself stating that he is affiliated with the law firm that represents Shapell Industries on this project. Mr. James L. Hazard, Counsel for the District, stated that staff would request that this item be pulled from the agenda. Since staff met 10. 29'87 178 with Mr. Dewey Mansfield, the Executive Director of Local Agency Formation Commission (LAFCO), there has been a change in circumstances. As a result, LAFCO now prefers to process this item as a government reorganization rather than an annexation. As such, staff would return to the Board for approval of the agreement and for comments as a responsible agency in the CEQA process. The Board concurred. VIII. APPROV AL OF EXPENDITURES 1. EXPENDITURE LIST DATED OCTOBER 29,1987 Member McNul ty ,member óf the Budget and Finance Committee, stated that she and Member Dalton have reviewed the expenditures and found them to be satisfactory. Following discussion, it was moved by Member McNulty and seconded by Member Dalton, that the Expenditure List dated October 29, 1987, including Self-Insurance Check Nos. 100161-100163, Running Expense Check Nos. 3SS14-3S763, and Sewer Construction Check Nos. SOOS-S049, be approved as recommended. There bei ng no obj ecti on, the moti on was unanimousl y approved. ' IX. CORRESPONDENCE 1. OCTOBER IS, 1987 LETTER FROM THE CITY OF LAFAYETTE, CONCERNING DEVELOPMENT OF A RECYCLING PROGRAM OCTOBER 20,1987 LETTER FROM MAYOR GRAIG W. CROSSLEY, OF THE TOWN OF MORAGA, CONCERNING DEVELOPMENT OF A RECYQ.INGPROGRAM 2. 3. LETTER FROM MR. JAMES S. CAMPBELL, FOR THE LAMORINDA TASK FORCE FOR RECYQ ING, CONCERNING DEVELOPMENT ,OF A RECYQ. ING PROGRAM" , President Clausen acknowledged receipt of the above referenced correspondence and referred the letters to staff. X. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None XI. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. A Tri-Vall ey Wastewater Authority (TWA) Board meeti ng was hel d on October 21, 1987. At that time, lWA considered thei r options for export of wastewater from the tri-val 1 ey area. The TWA Board of Di rectors deci ded to negoti ate an agreement with East Bay Mun i ci pa 1 Util ity District;, pursue further discussions with Central Contra Costa Sanitary District; direct CH2M Hill to do more technical work on alternative West Three; pursue aggressive negotiations with East Bay Dischargers Association with the goal of achieving an agreement within two months; and try to negotiate the TWA easement agreement in the Southern Pacific right-of-way with Contra Costa County. b. Mr. Dolan reported that the administrative and legal costs related to, the possible transfer of the Valley Disposal Service refuse collection franchise to Waste Management will be accumulated. Staff intends, unl ess the Board di sagrees, to bil 1 these costs to Valley Disposal as a supplemental franchise fee. In the past, exceptional costs such as this have been spread over a multi-year period. Staff would intend to spread these costs over a three-year period. c. Mr. Dol an reported that for the second year in a row, the District has won the Regional EPA Award for Excellence in Operations and Maintenance. The District was a finalist in the national awards as well. d. Mr. Dolan announced that the EPA is investigating all aspects of sludge disposal. Incineration in under close scrutiny because of the possibility that hazardous material might be found in ash or stack 10 2 9 >,.8 7 ' ". 179 emissions. The Bay Area Air Qual ity Management District plans to test the District's stack emissions this winter. Mr. Charles Batts, Plant Operations Department Manager, is planning a program to test stack emissions as well and to refine furnace operations so as to reduce emissions. e. Mr. Dol an announced that there have been a series of power failures recently. Over the last few years, the Board has authorized a number of proj ects to enabl e the Pl ant to handl e these power fail ures. Consequently, the plant was able to keep operating in spite of the power fail ures. 2. COUNSEL FOR THE DISTRICT a. Mr. Hazard, Counsel for the District, reported that the District received $15,000 in the settlement of Case No. 2S2419, Mellon Bank v Shelter Development v CCCSD. b. Mr. Hazard reported that Mr. Kent Alm will do a presentation on bidding definitions and requirements at the November CASA meeting. Mr. Robert Baker wil 1 address the Attorneys' Committee on the possibil ity that Proposition 6S standards may be unilaterally imposed on POTWs. The Attorneys' Committee is considering whether CASA should proceed with a legal challenge on this issue. Additionally, after extensive analysis, it has been determined that there is no federal or state authority that provides for criminal prosecution for nonhazardous dumping into our facil ity. As a resul t, we are recommendi ng that CASA sponsor proposed legislation that would address this issue. Mr. Hazard distributed a copy of the proposed legislation. 3. SECRETARY OF THE DISTRICT None 4. BOARD MEMB ERS Member Dalton reported that the Solid Waste Commission has reduced their meetings to one meeting a month. There is no activity at this time pending the Board of Supervisors' decision on the two existing landfill site applications. XII. ANNOUNCEMENTS Member Carlson announced that the Bay Planning Coalition is planning a presentation to the Mayors' Conference on November 19,1987 that may be of interest to our District. Staff will look into the program. XIII. a..OSED SESSION None XIV. ACTIONS RESULTING FROM DISCUSSION IN CLOSED SESSION None xv. ADJ OJRNMENT There being no further business to come before the Board, President Clausen adjourned the meeting at the hour of 9:43 p.m. Pr sid nt of the Board of Directors n 1 Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: '1 ",~ut¿- ¿, ¡J'ì (/Y,. í..,,£.é(¿t,---_- S~ re ary of the Cen ral Contra C' sta Sanitary Di strict, County of Contra Costa, State of California l'~O~:, 2'9~;: 8~;7'~~ .