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HomeMy WebLinkAboutBOARD MINUTES 11-19-87 180 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON NOVEMBER 19,1987 The District Board of the Central Contra Costa Sanitary District convened in a regular meeting at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 7:30 p.m. on November 19,1987. President Clausen called the meeting to order and requested that the Secretary call roll. I. ROLL CALL PRESENT: ABSENT: Members: Boneysteele, Dalton, McNulty, Carlson, Clausen Members: None II. PUBLIC COMMENTS There being no public comments, President Clausen departed from the order of the agenda to report that at the recent CASA Conference he accepted the Environmental Protection Agency (EPA) Award for Excellence. President Clausen stated that although he accepted the Award on behalf of the District, the credit goes to each employee whose work made this possible. President Clausen presented the EPA Award for Excellence to Mr. Roger J. Dolan, General Manager-Chief Engineer, and requested that the Award be displayed to all employees before being place on permanent display. III. APPROVAL OF MINUTES 1. MINUTES OF OCTOBER 29, 1987 It was moved by Member Carlson and seconded by Member McNulty, that the minutes of October 29, 1987, be approved as presented. There being no objection, the motion was unanimously approved. IV. HEARINGS .1. CONDUCT A PUBLIC HEARING TO CONSIDER ADDING A CHAPTER TO THE DISTRICT CODE ENTITLED "ABANDONING OF SEWERS" President Clausen, indicated that the purpose of the public hearing is to receive publ ic comment regarding the addition of requirements to the District Code for abandoning sewers. Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Jay S. McCoy, Construction Division Manager, who presented the staff report. Mr. McCoy stated that the proposed chapter would add four elements to the District Code relating to abandoning of sewers. Those are permit -requirements, payment of fees, construction or abandonment procedures, and definition of responsible parties. President Clausen opened the public hearing at the hour of 7:36 p.m. and there being no comments, the public hearing was closed. It was moved by Member Carlson and seconded by Member Dalton, that Ordinance No. 166 adding a chapter to the District Code entitled "Abandoning of Sewers," be adopted. Motion unanimously approved on the following roll call vote: AYES: Members: Ca rlson, Dalton, Boneysteele, McNulty, Clausen NOES: Members: None ABSENT:, Members: None 1,..1,:" 1:,9 ~.. 8,7 1. 181 V. BIDS AND AWARDS AUTHORIZE AWARD OF CONTRACT TO PLANT INSULATION FOR DISTRICT PROJECT NO. 10034, DRY SCRUBBER INSULATION AND CLADDING, AND AUTHORIZE ALLOCATION OF $10,000. FROM THE TREATMENT PLANT PROGRAM CONTINGENCY ACCOUNT Mr. Dolan, General Manager-Chief Engineer, reported that the cl addi ng was removed from the dry scrubber to repa i r the dry scrubber failure which occurred during the start up of the plant. Staff waited until work on the furnace was completed before this recladding. Following further explanation by Mr. Charles W. Batts, Plant Operations Department Manager, and Mr. James L. Belcher, Associate Engineer, it was moved by Member Dalton and seconded by Member McNulty, that "award of contract be authorized to Plant Insulation, the lowest responsible bidder, for $SS,323 for District Sewer Project No. 10034, Installation of Dry Scrubber Insulation and Cladding, and that allocation of $10,000 be authorized from the Treatment Plant Contingency Account. Motion unanimously approved on the following roll call vote: AYES: Members: Dalton, McNulty, Boneysteele, Carlson, Clausen NOES: Members: None ABSENT: Members: None VI. CONSENT CALENDAR It was moved by Member McNulty and seconded by Member Dalton, that the Consent Calendar, consisting of six items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resolution No. 87-196 accepting an easement at no cost to the District from C. PICCOLO, et al, Pleasant Hill area (Job 4281 - 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 2. Resolution No. 87-197 accepting an easement at no cost to the District from P. FARR, Walnut Creek area (Job 4414 - Parcel 2), was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: MeNu 1 ty, Dalton, Boneysteele, Carlson, Clausen NOES: Members: None ABSENT: Members: None 3. The Board was advised of the close out of the Sycamore Valley Road Trunk Sewer Design Project COP 3466) and the return of $242 to the Col lection System Program Budget. This item was presented for the Board's information. No action was taken. 4. The Board was advised of the close out of the Storm Damage Repair Project (Karp Slide) at 3717 Happy Valley Road, Lafayette (DP 4209) and the return of $6,520 to the Collection System Program Budget. This item was presented for the Board's information. No action was taken. S. $2,22S was authorized from the Capital Improvement Budget's General Program Contingency Account for purchase of a Barnstead Nanopure II Water Purification System." , ',~ ,l í", , ,"-.. '11 .,.. '.-"7 i~ >, . ;1:~9 182 Motion unanimously approved on the following vote: AYES: Members: McNulty, Dalton, Boneysteele, Carlson, Clausen NOES: Members: None ABSENT: Members: None 6. Authorization was given for P.A. 87-3S (Alamo) to be included in a future formal annexation to the District. Motion unanimously approved on the following vote: AYES: Members: McNulty, Dalton, Boneysteele, Carlson, Clausen NOES: Members: None AB SENT: Members: None CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Dolan, General Manager-Chief Engineer, requested that Item XI., Solid Waste, be taken out of order to accommodate interested persons in the audience. The Board concurred. XI. SOLID WASTE 1. CONSIDER THE REQUEST FOR APPROVAL OF THE ASSIGNMENT OF THE FRANCHISE AGREEMENT WITH VALLEY DISPOSAL SERVICE, INC. TO SAWDCÖ, A SUBSIDIARY OF WASTE MANAGEMENT, INC. Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Walter N. Funasaki, Finance Officer, who presented an overview of the transfer or assignment process. Mr. Funasaki stated that responses by SAWDCO to the information requested by the District and a copy of the franchise agreement have been provided to the Board. Staff is reviewing the information received and intends to present an analysis at the December 3,1987 Board meeting. On December 3 a public hearing will be noticed on this matter unless the Board directs otherwise. Mr. Funasaki briefly reviewed the responses received to District questions and indicated that staff will obtain clarification on certain of these matters. In addition, a survey of certain Waste Management, Inc. operations in the State of California will be completed. Mr. James L. Hazard, Counsel for the District, stated that his staff has reviewed the legal issues related to the legal. issues involved in the reqúest for assignment of franchise. Mr. Kent Alm, Associate Counsel for the District, reported that a revi,ew was being Coflducted with regard to the legal problems of Waste Management, Inc. alluded to in the press. Mr. Alm stated that SAWDCO is a separate entity from Waste Management, Inc. would not directly impact on SAWDCO. To date complete information had not been received on the out-of-state matters. It was moved by Member McNulty and seconded by Member Dalton, that a public hearing be scheduled for December 3, 1987 to consider assignment of the franchise agreement with Valley Disposal Service, Inc. to SAWDCO, a subsidiary of Waste Management, Inc. There being no objection, the mot,ion was unanimously approved. At this time President Clausen returned to the order of the agenda.' VII. ENGINEERING 1. ADOPT FINDINGS UNDER CEGA. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT ,WITH SHAPELL INDUSTRIES President Clausen disqualified himsel f, stating that he is affil iated with the 1 aw fi rm of Th iessen, Gagen & McCoy who represents Shapell Industries on this project. President Clausen turned the meeting over to President Pro Tern McNulty. "..1~ ,';'- '! ;' " 19 ,,' .. ie, ..1; " , , 87 ~' r ~ ., t 183 Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Carlson and seconded by Member Dalton, that the findings regarding consideration of the environmental effects of the agreement with Shapell Industries be adopted, that the General Manager-Chief Engineer be directed to file a Notice of Determination as a Responsible Agency, and that the General Manager-Chief Engineer be authorized to execute an agreement with Shapell Industries for sewer service to West Branch. Motion approved on the following roll call vote: AYES: Members: Ca rl son, Dalton, Boneysteele, McNulty NOES: Members: None ABSENT: Members: None ABSTAIN: Members: Clausen VIII. TREATMENT PLANT 1. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT FOR $50,000 WITH HARRISON~FOX FOR PROFESSIONAL SERVICES RELATED TO CAPITAL PROJECT NO. TP-88, THE DESIGN OF THE TREATMENT PLANT REMODEL Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Charles W. Batts, Pl ant Operati ons Department Manager, who described the proposed Treatment Plan Remodel Project. The project will be accompl ished in three phases. Phase I will expand the laboratory facilities and address the need for women's locker room facil ities. Phases II and III will include improvements to the Primary Building area 'for the Plant Operations -Department Maintenance Division, as well as general building improvements. Member Carlson reported that he met with staff and reviewed the proposed project and would recommend its approval. It was moved by Member Dalton and seconded by Member McNulty, that the General Manager-Chief Engineer be authorized to execute an agreement for $SO,OOO with Harrison-Fox for professional services related to Capital Project No. TP-88, the Design of the Treatment Plant Remodel. Motion unanimously approved on the following roll call vote: AYES: Members: Dalton, McNulty, Boneysteele,Carlson, Clausen NOES: Members: None ABSENT: Members: None IX. APPROVAL OF EXPENDITURES 1. EXPENDITURE LIST DATED NOVEMBER 19,1987 Member McNulty, member of the Budget and Finance Committee, stated that she and Member Dalton reviewed the expenditures and found them to be sati sfactory. It was moved by Member McNulty and seconded by Member Dalton, that the Expenditure List dated November 19, 1987, incl uding Sel f-Insurance Check Nos. 100164-100167, Runn i ng Expense Check Nos. 3S764-36073, Sewer Construction Check Nos. SOSO-S103, and Payroll Check Nos. 11278-11674, be approved as recommended. There being no objection, the motion was unanimously approved. X. BUDGET AND FINANCE 1. RECEIVE OCTOBER 1987 FINANCIAL STATEMENTS. Mr. Walter N. Funasaki, Finance Officer, reviewed the results of operati ons and mai ntenance for the month of October 1987, noti ng that expenditures were $16,000 more than budget, repres~nti ng a .9 percent unfavorable variance. Year-to-date expenditures were $26Q~~OO less than budget, representing a 3.9 percent favorable variance. "';1~e District's " 11 ", 19 . ~.", ¡. ~ :,<'-!; )¡/:' .. ..¡ ~;)- '; ',', ' ~ '¡ 184 temporary investments were held in a Federal Home Loan Bank note, col lateral ized certificates of deposit, bankers' acceptances, and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 7.35 percent to s.8S percent. The latest interest rate at October 31, 1987, was 7.30 percent. The average yield for the LAIF account through October 1987 was 7.825 percent. Board and staff discussion followed concerning the District's Self-Insurance Fund and building permits. Mr. Jay S. McCoy, Construction Division Manager, highlighted progress on both Schedule A and Schedule B of the San Ramon Valley Interceptor Project. At the conclusion of the reports, President Clausen declared that the October 1987 Financial Statements were duly received. XI. SOLID WASTE 1. CONSIDER THE REQUEST FOR APPROVAL OF THE ASSIGNMENT OF THE FRANCHISE AGREEMENT WITH VALLEY DISPOSAL SERVICE, INC. TO SAWDCO, A SUBSIDIARY OF WASTE MANAGEMENT, .INC. This item was taken out of order earlier in the agenda. XII. LEGAL/LITIGATION 1. DENY CLAIM FROM LOUISA CAMEZON IN THE AN:>UNT OF $216,763 ALLEGING INJ URIES SUSTAINED IN A FALL ON A JOB SITE AT A PROJ ECT BEING CONSTRUCTED BY WESTCON CONSTRUCTION COMPANY It was moved by Member McNulty and seconded 'by Member Carlson, that the claim from Louisa Camezon in the amount of $216,763 alleging injuries sustained in a fall on July 28,1987, be denied and referred to staff for further action. Motion unanimously approved on the following roll call vote: AYES: Members: McNulty, Carlson, Boneysteele, Dalton, Clausen NOES: Members: None AB SENT: Members: None XIII. CORRESPONDENCE 1. RECEIVE NOVEMBER 3, 1987 RESPONSE FROM ASSISTANT COUNTY ADMINISTRATOR OF CONTRA COSTA COUNTY RELATIVE TO FISCAL OVERSIGHT OF SPECIAL DISTRICTS Receipt was acknowledged of the November 3, 1987 response from the Assistant County Administrator of Contra Costa County relative to fiscal oversight of special districts. XIV. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None XV. REPORTS .1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Paul Morsen, Deputy General Manager, who presented a status report on recycling activities. Mr. Morsen reported that the cities within our jurisdiction have been requested to appoint a representative to the District's Recycling Advisory Committee. The first meeting will be early in January 1988. The County has decided to undertake an educational effort with regard to sol id waste and recycling. Ms. Harriette Stahl will represent the District on this committee. b. Mr. Dolan announced that the District. is currently advertising for the Dewatering Project to install centrifuges. The estimated cost of the project i'S $6 million. The District is also advertising for No.3 . - ., Ii ',,' ~ ' 'II '19 87 185 Water Pump Electrical Work. $40,000. The estimated cost of the project is c. Mr. Dolan announced that representatives from the Soviet Union will be touring Collection System Operations Department on December 16, 1987 . d. Mr. Dolan invited the Board to attend the District Christmas party scheduled for December 12,1987. e. Mr. Dolan announced that the District will conduct a Chlorine Safety Day on December 2, 1987. Neighbors of the Di strict have been invited. There will be a presentation on chlorine safety issues, an evacuation drill, and testing of equipment. Member Carlson suggested that staff investigate the possibility of coordinating efforts with the County on emergency radio communications in the event of an emergency. Staff will look into the matter. f. Mr. Dolan announced that on November 19 and 20, 1987, Aquatic Habitat Institute is holding a symposium on the effect of toxicants on San Francisco Bay. A blue ribbon panel of experts from across the United Stated and Britain are participating. 2. COUNSEL FOR THE DISTRICT None 3. SECRETARY OF THE DISTRICT None 4. BOARD MEMBERS a. Members Boneysteele and Carlson reported on the recent CASA conference. Member Boneysteele reported that the CASA Bylaws are still under consideration. Changes have been proposed to conform to actual meeting procedures. The proposed changes are scheduled to be acted upon at the January 1988 meeting. Member Carlson reported that the CASA conference was well attended. Central San received the EPA Award for Excellence in recognition for outstanding performance. Mr. Robert Baker, Deputy Chief Engineer,. made a presentation on Proposition 6S as it may be appl ied to publ icly owned treatment works. ' Mr. James L. Hazard, Counsel for the District, reported on the illegal dumping issue. Mr. Charles Carry, of the County Sanitation Districts of Los Angeles County, reported on the impacts of the recent earthquake on their facilities. b. Member Dalton reported on the November 18, 1987 Sol id Waste Commission meeting. XVI. AN NOU NCEMENTS President Cl ausen announced that because of the wide interest in recycl ï'ng, it woul d be appropriate to have an ad hoc committee for recycl ing. If the Board has no objection, President Clausen stated his i ntenti on to create such a committee and to appoi nt Members Boneysteel e and McNulty to work with staff on the recycling issues. The Board voiced no obj ect i on. XVII. CLOSED SESSION 1. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section S49S6.9(a). The title of the litigation discussed was CCCSD v. Laura Lorraine Stidger, et al, Contra Costa County No. 302240. 2. REAL PROPERTY NEGOTIATIONS With respect to real property negotiations, the closed session was held pursuant to Government Code Section S49S6.8. The real property which the negotiations may concern is the Lagiss property. The District's negotiators may negotiate with Mr. Tony Lagiss. ..11 '1.9 ': ;.,,'."~~ ,,:. ;, " ',' "'..' ..':0;"7 :0': 186 At 9:15 p.m., President Clausen declared the closed session to discuss existing 1 itigation pursuant to Government Code Section S49S6. 9(a) and real property negoti ati ons pursuant to Government Code Section S49S6.8. At 9:4S p.m., President Clausen concl uded the closed session and reconvened the meeting into open session. XVIII. ACTIONS RESULTING FROM DISCUSSION IN ClOSED SESSION None XIX. ADJOURNMENT There being no further business to come before the Board, President Clausen adjourned the meeting at the hour of 9:4S p.m. , resident of the Board of Directors Central Contra Costa Sanitary Distr1 , County of Contra Costa, State of Cal ifornia COUNTERSIGNED: <.,;.,}, .;1'.'.3 \Ö 'i ,::.;;'~ {:~'~~ fH¡7