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HomeMy WebLinkAboutBOARD MINUTES 05-10-79 1505 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT MAY 10, 1979 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 1250 Springbrook Road, Walnut Creek, County of Contra Costa, State of California, on May 10,1979 at 7:30 P.M. In the absence of Mr. Hopkins, President Carlson requested the acting Secretary to call roll. I. ROLL CALL PRESENT: Members: ABSENT: Members: Stanley, Boneysteele, Allan, Campbell and Carlson None II. APPROVAL OF MINUTES 1. 2. MINUTES OF THE MEETING OF APRIL 5,1979 MINUTES OF THE MEETING OF APRIL 19, 1979 After discussion, it was moved by Member Campbell, seconded by Member Boneysteele, that the minutes of April 5, 1979 and April 19,1979 be approved with the following correction: In the minutes of April 5, 1979, under "VL OLD BUSINESS, 1. CONSIDER PRELIMINARY ENVIRONMENTAL ASSESSMENT FOR DSP 3170, OUTFALL REPAIR, 1979" show "Member Campbell" as seconded the moti on. Motion was unanimously approved. III. APPROVAL OF EXPENDITURES Member Campbell indicated that the Expenditure Committee had reviewed the current expenditures. After discussion, it was moved by Member Campbell, seconded by Member Boneysteele, that the expenditures paid by SIC Voucher Nos. 565 through 584, together with SIC Voucher Nos. 3468 through 3474; RIE Voucher Nos. 7046 through 7213, together with RIE Voucher Nos. 7222 through 7366, and Payroll Voucher Nos. 4857 through 5080, be approved. Motion was unanimously approved. Member Boneysteele indicated that with the expenditures now being submitted on a twice-a-month basis, it has become increasingly difficult for the Expenditure Committee to review thoroughly the expenditures in the short time available prior to the start of the District Board meeting. He therefore requested that staff have advance copies of the expenditures delivered to the Expenditure Committee thereby allowing for a more comprehensive review. IV. HEARINGS 1. EMINENT DOMAIN PROCEEDINGS - ACME FILL PROPERTY OUTFALL RESTORATION PROJECT The President of the Board of Directors opened the hearing pursuant to the California Civil Code relative to the Districtls requirements in the obtaining of certain real property for the repair of the Districtls outfall 1 ine. 05 10 79 1506 Mr. Dolan, General Manager4:hief Engineer; Jay McCoy, Collection System Engineering and Services Division Manager, and John Carniato, District Counsel, gave a brief report both on the property being considered for condemnation and the need for the acquisition of the property. Staff further presented in their report the extreme disturbance to the Districtls outfall line which has been caused by the slide occurring on the Acme Fill property. Staff further outlined to the Board of Directors not only the danger that the pipe might fail, but also reminded them of the Regional Water Quality Control Board's order requiring that the line be repaired or replaced by October 30, 1979. The Staff's report provided further evidence relative to the fact that public interest and necessity required the acquisition of the various parcels outlined to the Board and further that the proposed public improvement, was planned and located in a manner which would be most compatible with the greatest good and least private injury. Member Boneysteele requested a report from Counsel and staff on the efforts and results regarding the acquisition of the property through negotiation. Mr. Carniato responded to Member Boneysteele's question by advising him that negotiations had taken place and would continue to take place in a good faith effort to resolve this matter through negotiation rather than litigation. Mr. Dolan additionally added that as early as April he had met with representatives of Acme Fill in discussing the various rights-of-way involved in the condemnation and asked for certain information from Mr. Olney, which has not yet been received. In response to Member Campbell IS request for a summarization of the Woodward-Clyde findings as to the need for relocation, Mr. Dolan indicated that Woodward-Clyde, soils consultants, had found that there were ripples in the soil and continuing motion in the area as a result of the slide. Woodward-Clyde had concluded that the site of the present outfall line was still unstable and still moving. Both George Gordon and Frank Boerger, Counsel and consultant respectively for Acme Fill, appeared on behalf of Acme Fill, contending that the proposed alignment was not in the most compatible position. Both Mr. Gordon and Mr. Boerger raised the issue of crossings in order to allow Acme Fill to use the remaining portion of their property should the Corps of Engineers and the Department of Fish and Game allow such a use. Mr. Carniato responded that he would be negotiating with representatives of Acme Fill relative to the crossing issue. Mr. Boneysteele commented on the presentation by Acme Fill, reminding them that the District is under orders from the Regional Water Quality Control Board and that it behooves the District to make every effort to comply with those directives. Mr. Dolan, commenting on the question of alternative routes proposed by Acme Fill representatives, indicated that those alternatives were presented to Acme Fill with no comment from them and the staff has determined that the proposed alignment is the most effective one from an engineering standpoint and the lease expensive. After hearing all of the comments, President Carlson closed the hearing and digressed from the agenda to take up Item 1 under "VI. OLD BUSINESS". 1. ADOPT RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS AGAINST ACME FILL CORP., FOR PARCELS A,B,C,D,&E, DSP 3170, MARTINEZ AREA After discussion, it was moved by Member Boneysteele, seconded by Member Stanley, that a resolution authorizing condemnation proceedings against Acme Fill Corporation for Parcels A,B,C,D,&E DSP 3170, Martinez Area, be adopted. Resolution No. 79-77. Motion was unanimously approved. 05 10 79 1507 V. BIDS 1. PIPE FOR OUTFALL - FURNISHING MATERIALS FOR DSP 3170 FOR CCCSD Mr. Dolan, GM-CE, advised that two bids have been received for this project but requested that this item be deferred to the meeting of May 17 to allow further study by staff. VI. OLD BUSINESS ADOPT RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS AGAINST ACME CORP. FOR PARCELS A,B,C,D,&E, DSP 3170, MARTINEZ AREA 1. This item was acted upon immediately following the Hearing under "IV. HEARINGS". 2. PRESENTATION BY INSURANCE BROKER ON RISK MANAGEMENT PROGRAM Mr. Dolan, GM-CE, introduced Mr. Robert Schroder, Schroder Insurance Agency to present his proposal for implementing the Districtls proposed risk management program. Mr. Schroder addressed the Board stating that his proposal and summary also provide for alternatives to the specified program. He proceeded to outline cost figures, deductibles, etc., as they relate to the District1s insurance needs. Mr. Schroder indicated that upon conferring with knowledgeable persons in the industry, it was the consensus that due to the continued growth of the District, the loss factor will in all probability become greater. Therefore, it might not be in the best interest to assume a $100,000 deductible at this time. President Carlson asked if the Board Members desired to question Mr. Schroder. Member Boneysteele inquired if the cost figures for property damage insurance include earthquake and flood coverage. Mr. Schroder replied that the figures include a degree of earthquake and flood coverage on everything but pipelines. In answer to further query, Mr. Schroder discussed the concept of the $100,000 deductible. Board discussion followed. Mr. Dolan, GM-CE, commented that it appeared that the basic thrust of the Warren McVeigh & Griffin proposal was for the District to go to a retained risk concept. Should the District opt to follow the Warren, McViegh, & Griffin proposal or compromise on some modified plan, wherein there would be a need for risk management loss control and consultants, would Schroder Insurance Agency be capable of providing the necessary service. Mr. Robert Schroder, Jr.. an associate, explained that they had been in contact with ESIS who specialize in loss control claims, administration, safety problems and high retention programs and that organization would be working directly with the District. Mr. Schroder concluded by stating that his firm would be willing to work with the District on any program it decides upon. President Carlson thanked Mr. Schroder and his associate for their presentation. Mr. Dolan, GM-CE, requested the Board digress from the order of the Agenda for the benefit of interested parties in the audience to hear "VII. NEW BUSINESS, Items 2 and 9a. Board Members voiced no objection to the request. 05 10 7~ 1508 VI1. NEW BUSINESS 2. ANNEXATION REQUEST - DANVILLE AREA PROPOSED SUBDIVISION 5392 lAPN 1~~-U~U-UUb) PKUPU~tO ANNEXATION Mr. Dolan, GM-CE, requested Mr. Dalton, Deputy General Manager- Chief Engineer, to summarize the annexation request. Mr. Dalton explained that the subject property is located outside the Districtls sphere of influence. In conformance with previous Board instruction, the District cannot serve any property that is not annexed. Under the reorganization procedure, LAFCO can change the Districtls sphere of influence to include the subject property. Mr. Dolan, GM-CE, asked Mr. Jackson, owner of the property, if he was aware of any controversy in developing this property Mr. Jackson replied there was none. After discussion, it was moved by Member Stanley, seconded by Member Allan, that staff draft a letter for the President's signature requesting the Local Agency Formation Commission to change the Districtls sphere of influence to include the subject property (Proposed Subdivision 5392, APN 199-090-006, Proposed Annexation 79-11, Danville Area) and after that action ,the District will ~onsider ann~xåtiGn of and service to the property under its ordinance and regulations and provisions of CEQA. Motion was unanimously approved. 9. ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA AUTHORIZATION FOR PA 79-12 (ONE PARCEL) PLEASANT HILL AREA, TO BE INCLUDED IN FORTHCOMING DISTRICT ANNEXATION PROCEEDINGS a. After explanation by Mr. Dolan, GM-CE, it was moved by Member Stanley, seconded by Member Allan, that authorization for PA 79-12, Pleasant Hill area, to be included in forthcoming annexation proceedings to the District be approved. Motion was unanimously approved. President Carlson reverted to the order of the agenda. 3. VI. OLD BUSINESS REVIEW OF DRAFT EIR, LAKE ORINDA HIGHLANDS AREA, THEISSEN SEWER PROJECT. ESTABLISH HEARING DATE Mr. Dolan, GM-CE, advised that copies of the Draft EIR for the sewer extention in Lake Orinda Highlands area as prepared by Mr. Brian Thiessen by a consultant, were previously distributed to the Board. Staff has determined that the Draft EIR is acceptable for review. After discussion, it was moved by Member Campbell, seconded by Member Boneysteele, that the Board authorize approval of the following staff recommendations: 1. Make a finding that the Draft EIR is in order and that it reflects the independent judgment of the District. 2. Instruct staff to file a Notice of Completion with the Secretary of Resources. 3. Instruct staff to mail a Notice of Completion to all organizations which received a Notice of Preparation. 4. Instruct staff to give public notice of the completion of the Draft EIR by mailing a copy of the Notice of Completion to owners contiguous to the site of the proposed project as their names and addresses are shown on the last equalized assessment roll of Contra Costa County. 5. Establish June 7, 1979 as the date for the public hearing on the environmental impacts of the sewer line extension. Motion was unanimously approved. 05 Iv r¡ 9 1509 4. ORDINANCE TO INCLUDE THE REVISED WATERSHED TRUNK CHARGES FOR WATERSHED 44 IN THE DISTRICT CODE Mr. Dolan, GM-CE, explained that this ordinance relates to the action taken by the Board at the meeting of April 19, 1979 wherein the Board established new watershed trunk charges for Watershed No. 44. After discussion, it was moved by Member Allan, seconded by Member Campbell, that an ordinance amending a portion of Section 9-602 of the District Code Relating to Secondary Watershed Trunk Sewer Plans be adopted and that this ordinance shall be a general regulation of the District and shall be published once in a newspaper of general circulation published and circulated in the CCCSD and shall become effective upon expiration of the week of publication. Ordinance No. 140. Motion was unanimously approved. 5. DETERMINATION OF ENVIRONMENTAL QUALITY CHARGE RATE FOR 1979-80 Mr. Dolan, GM-CE, advised that at the Boardls direction, staff has extended projections for O&M expenditures and revenues as they affect the EQC rate, to include the next two years. He requested that Mr. Dalton, Deputy General Manager-Chief Engineer, explain the graphs & chart illustrating the trends and choices. After Mr. Daltonls explanation, a Board discussion followed wherein Member Campbell explained a possible formula wherein the EQC rates would increase in $14.00 increments over a three year period. Mr. Dalton explained that figures cannot be firm until the final budget figure for the next year 1979-80 is determined. After discussion, it was the consensus of the Board that an 11% growth and inflation rate appears to be reasonable and use of EQC reserves should be spread over two years to keep EQC increases on a uniform basis; and that a hearing date be set for June 21. 6. REVIEW AND APPROVAL OF DEPARTMENTAL REQUESTS FOR EQUIPMENT, TOOLS, FURNITURE, ETC. FOR 1979-80 It was the consensus of the Board that review of the equipment budget be put over to the next meeting. VII. NEW BUSINESS 1. ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT AND ADOPTION OF RESPECTIVE RESOLUTIONS AND AUTHORIZE RECORDING After discussion, it was moved by Member Stanley, seconded by Member Campbell, that the easements, as listed, be accepted at no cost to the District, respective resolutions adopted and recordation authorized. Grantor Area Job No. Parcel No. Res. No. D. C. Construction Co. Walnut Creek 2907 1 79-78 R. R. Hauth, et ux Walnut Creek 2907 2 79-79 A. D. Tyssen Walnut Creek 3201 1 79-80 W. J. McLean Walnut Creek 3201 4 79-81 Linland Dev. Co., Inc. Walnut Creek 3201 5 79-82 M. K. Sorrick Orinda 2975 Ext. 1 79-83 Motion was unanimously approved. 2. ANNEXATION REQUEST - DANVILLE AREA PROPOSED SUBDIVISION 5392 (APN 199-090-006) PROPOSED ANNEXATION 79-11 This item was taken up following VI. OLD BUSINESS, Item 2, in the meeting. 05 10 79 1510 AGREEMENT RELATING TO REAL PROPERTY WITH UWC, WALNUT CREEK ASSOCIATES, JOB 3066, MONTEZUMA CT. ,WALNUT CREEK 3. Mr. Dolan, GM-CE, explained that the present property owners desire to maintain a reinforced concrete footing and retaining wall within a portion of the District's existing sewer easements. Staff has reviewed the situation and has determined that the improvements do not interfere with the present use of our sewer, however, should there be any interference, the property owner will be held responsible for any incurred expenses. After discussion, it was moved by Member Boneysteele, seconded by Member Stanley, that the President and Secretary Pro Tem be authorized to execute an Agreement Relating to Real Property with UWC - Walnut Creek Associates, Job No. 3066, Montezuma Ct., Walnut Creek area. Motion was unanimously approved. 4. APPROVE PLANS AND PROJECT MANUAL AND AUTHORIZE ADVERTISING FOR BIDS FOR DSP 3162, MORAGA RD., MORAGA After explanation by Mr. Dolan, GM-CE, it was moved by Member Boneysteele, seconded by Member Campbell, that the plans and project manual for DSP 3162, Moraga Rd., Moraga, be approved; and advertising for bidsbeauthorized. Motion was unanimously approved. 5. PROPOSED SCHEDULE OF BOARD MEETINGS AND BUSINESS ITEMS Board Members approved the Tentative Schedule of Board Meetings for Summer 1979 and commented favorably on its format. Mr. Carniato, District Counsel, stated that he will be requesting a special meeting in the near future for the purpose of discussing litigation matters. The Board should make a decision by July 5 as to whether costs for publication of Candidate Qualifications of upcoming Board Election Candidates will be paid by the District or the individual. AUTHORIZE ADDITIONAL $3,000 AND PURCHASE OF FOAMAKER GENERATOR 6. Mr. Dolan, GM-CE, explained that the Maintenance Department was authorized $7,800 in the 1978/1979 budget to purchase a sewer rodder. Mr. Hinkson, Manager-Collection System Operations, proposes to defer that purchase and use the budgeted funds, plus an additional $3,000, to buy a foamaker generator at a cost of $10,800. The foamaker generator will be more productive than a sewer rodder in treating root lines of the District. This would preclude budgeting for this equipment in the 1979/1980 budget. In answer to Board query, Mr. Hinkson stated that the chemical used by the foamaker generator has EPA approval. After discussion, it was moved by Member Boneysteele, seconded by Member Campbell, that authorization of $3,000 from the Sewer Construction Fund to apply towards the purchase of a foamaker generator be approved. Motion was unanimously approved. 7. PERSONNEL a. ENGINEERING AUTHORIZE TERMINATION OF CHARLOTTE CLIFFORD EFFECTIVE 4/30/79 WITH REINSTATEMENT RIGHTS After explanation by Mr. Dolan, GM-CE, and Board discussion, it was moved by Member Stanley, seconded by Member Campbell, to authorize the termination of Charlotte Clifford effective April 30, 1979, with the right for reinstatement without testing through the period of time ending April 30, 1980 to a position of Engineering Aid I, II or III based on (1) Mrs. Cliffordls desire to return to work, (2) a determination that Mrs. Clifford is capable of performing the required work, and (3) the availability of an open position. Motion was unanimously approved. 05 10 79 1511 b. PLANT OPERATIONS TEMPORARY APPOINTMENT OF ORRIN LAWSON, OPERATOR II, TO THE POSITION OF SHIFT SUPERVISOR R-71C AT $1,878 EFFECTIVE MAY 10, 1979 After explanation by Mr. Dolan, GM-CE, it was moved by Member Allan, seconded by Member Stanley that Orrin Lawson receive a temporary appointment to Shift Supervisor, Range 71-C effective May 10,1979, until such time as the authorized position can be filled by examination. Motion was unanimously approved. 8. APPROVAL OF BILLS FOR LITIGATION SERVICES After explanation by Mr. Carniato, District Counsel, and discussion, it was moved by Member Allan, seconded by Member Campbell, that the statements from John J. Carniato for services rendered in Culligan Soft Water, Fred J. Early, Jr., EBMUD, General Western, Pacific Gas and Electric, Peterson/Simpson, Culp/Wesner/Culp and Woodward/Clyde matters totalling $59,760.24 be approved. Motion was unanimously approved. 9. ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA a. AUTHORIZATION FOR PA 79-12 (ONE PARCEL) PLEASANT HILL AREA. TO BE INCLUDED IN FORTHCOMING DISTRICT ANNEXATION PROCEEDINGS BE This item was taken up as second item of business following VI. OLD BUSINESS, Item 2. CONFIRM IIAMENDED ASSESSMENT DIAGRAMII AND AUTHORIZE RECORDING OF SAID DIAGRAM b. After explanation by Mr. Dolan, GM-CE, it was moved by Member Boneysteele, seconded by Member Campbell, that the IIAmended Assessment Diagram for the following assessment be confirmed and authorization to record said diagram be approved. Original Assessment No. Amount Assessment No. Amount Area 44-5-4-9 $2,175.36 44-5-4-34 -35 -36 $1,087.68 1,087.68 0.00 Danville II (ptn road) Motion was unanimously approved. VII 1. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan advised that he will be meeting with John DeVito, Manager of Contra Costa County Water District, to continue discussion on the Alum Sludge Pond situation, and other matters. b. Mr. Dolan mentioned that if the Board wishes to stimulate more public participation in the budgeting process, the District does have a public relations consultant who would prepare press releases on pertinent matters affecting Central San. c. Mr. Dolan requested an executive session at the end of the meeting to discuss a matter under the Peterson/Simpson litigation and also a personnel matter. d. Mr. Dolan reported that Ken Barker, Manager-Construction Division, has been attempting to obtain a commitment from the State Water Resources Control Board to fund all or a portion of the amount needed to complete 05 10 79 1512 05 the Treatment Plant. Correspondence has been received from Neil Dunham (SWRCB) indicating that Central San has approval for the use of the force account for accumulation and preparation of documents required for the evaluation of the contract. He called the Boardls attention to the two CCCSD proposals: one for Consulting Engineering Services and the other for Construction Management Services. Mr. Dolan requested Board approval to send these proposals to the State Board for review. After discussion, it was moved by Member Boneysteele, seconded by Member Allan, that the General Manager-Chief Engineer be directed to send the CCCSD proposal requests for Consulting Engineering Services and for Construction Management Services funding to the State Water Resources Control Board for their review and approval. Motion was unanimously approved. 2. COUNSEL FOR THE DISTRICT a. Mr. Carniato advised that he will check the date for the election filings, etc. for candidates to the District Board. He cautioned the Board Members not to accept any kind of campaign contributions. 3. SECRETARY None. 4. COMMITTEES: Member Boneysteele reported on the ABAG Regional Planning Committee meeting he had attended. IX. MATTERS FROM THE FLOOR None. At 11 :43 P.M., President Carlson declared an executive session to discuss the Brown and Caldwell situation and a personnel matter. At 12:50 A.M., President Carlson closed the executive session and reconvened the meeting. X. ADJOURNMENT At 12:51 A.M., President Carlson adjourned the meeting. '1 ' /) .'.' . f1~ ~, LíL.1.~¡~'-~~ President of the District oard of the Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Sec~ ary of the istrict Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California 10 79