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HomeMy WebLinkAboutBOARD MINUTES 05-20-82 2077 MINUTES OF A REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MAY 20, 1982 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its new regular place of meeting, 5019 Imhoff Place, Martinez (Pacheco area), County of Contra Costa, State of California, on May 20, 1982, at 7:30 p.m. Mr. John Walters, Technical Maintenance Supervisor, presented to the Board on behalf of the Water Pollution Control Plant Maintenance Division, a handcrafted brass and hardwood gavel and block for use in the new Board Room at the Plant. President Stanley accepted the gavel and expressed the Board's appreciation for this most generous gesture. Using the new gavel, President Stanley called the meeting to order and requested the Secretary to call roll. I. ROLL CALL PRESENT: Members: ABSENT: Members: Carlson, Boneysteele, Dalton, Campbell and Stanley None I!. APPROVAL OF MINUTES 1.. 2. MINUTES OF APRIL 1, 1982 MINUTES OF APRIL 15,1982 After discussion, it was moved by Member Carlson, seconded by Member Boneystee1e, that the minutes of April 1, and April 15,1982, be approved as presented. Motion was unanimously approved. III. EXPENDITURES 1. LIST DATED MAY 20,1982 After staff explanation regarding a query posed by Member Carlson, it was moved by Member Boneysteele, seconded by Member Dalton, that the expenditures on the list dated May 20, covering Running Expense Warrant Nos. 20297-20298,20341-20523; Sewer Construction Warrant Nos. 2050-2074 and 4061-4064; and Payroll Warrant Nos. 1806-1807, be approved. Motion was unanimously approved. IV. HEARINGS 1. CONDUCT A PUBLIC HEARING ON DISTRICT ANNEXATIONS 73, 75, 76, 77 AND 78, AS AMENDED BY THE LOCAL AGENCY FORMATION COMMISSION Member Boneysteele requested that since this is the first meeting being held at the new location, the Board delay the hearing to 8:00 p.m. to allow the public more time for arrival. Mr. Dolan, General Manager- Chief Engineer (GM-CE), indicated that notices of the pending Hearing had been posted in the newspapers stating that the Hearing would be held at the new address and that interested parties who contacted the District were given directions. There being no objections from the Board, President Stanley deferred the Hearing until 8:00 p.m., and continued to, the next item Qn the agenda. v. CONSENT CALENDAR After discussion, it was moved by Member Boneysteele, seconded by Member Carlson, that Items 1 through 3, be approved, resolutions adopted and their recording authorized as applicable. (' - ) ,.J , " ,"IV ',¡J' ,~ .) ',.. ""'11 2078 1. Accept easement from K. H. Golden, et ux, Walnut Creek area, (Job No. 3651- Parcell) at no cost to the District and adopt a resolution to that effect and authorize recording. Resolution No. 82-50. 2. Authorize execution of Grant of Easement to Contra Costa Water District across the Bates Ave. Pump Station parcel (Job 1379-Parce1 7), Concord area, adopt a resolution to that effect and authorize recording. Resolution No. 82-51 3. Order completion of District Annexations 73A, 75A, 76A, and 78A and adopt respective resolutions ordering the completion of such annexations. Motion was unanimously approved. At this point President Stanley noted that it was 8:00 p.m., and indicated the Board would now consider Section IV. Hearings. IV. HEARINGS 1. CONDUCT A PUBLIC HEARING ON DISTRICT ANNEXATIONS 73, 75, 76, 77, AND 78 AS AMENDED BY THE LOCAL AGENCY FORMATION COMMISSION At 8:01 p.m., President Stanley declared a Public Hearing in regard to DA 73,75,76, 77 and 78 and referred to Mr. Dolan, GM-CE, for comments. Mr. Dolan, GM-CE, stated that a series of annexations had been submitted to LAFC for formal approval and LAFC had modified several of the areas by adding parcels for the purpose of straightening the District boundary or eliminating islands. LAFC modifications have aroused protest from some property owners of certain areas. This Hearing has been established to consider the areas modified by LAFCO. Mr. McCoy, Construction Services Division Manager, described the original proposed annexations and pointed out the amendments made by LAFC. President Stanley asked Mr. Dewey Mansfield, LAFC Executive Officer, for his comments. Mr. Mansfield withheld any comment until after the public had presented its comments. Mr. Charles O. Triebel, Jr., Counsel for DOS as OS area, introduced Mr. Tuckerman Moss, property owner near area 77-0 affected by the LAFC modifications, to address the Board. Mr. Moss stated that the EIR previously developed for a project in the immediate area applied to three lots, however, LAFC has now included three additional lots that would be effected. He expressed his concerns and requested that LAFC reconsider its action pending further review in light of the possible environmental changes that have occurred. Mr. Moss displayed a map of the area delineating the delicate geology of the area and showing the poor road access to some of the properties. Mr. Moss requested the District staff to notify the DOS OS OS Association as to when construction of the impending sewer line will begin and whose responsibility it will be to install the fire hydrant. Dr. R. F. Tomfohrde (owner of one of the lots) and Mr. John Whitsett also addressed the Board protesting the amended annexation. Mr. Mansfield responded to Mr. Moss that the purpose of adding the three lots to the annexation was to improve and straighten the District Boundary. He commented that according to LAFC's Legal Counsel, Central San, as the lead agency, took action to approve a proposal for extension of a sewer line to serve three lots and had an EIR prepared for the project. However, this does not constrain LAFC from modifying the proposed annexation. The modification does not require analysis in an EIR unless: (1) there is some significant effect; (2) a previously identified significant effect is more severe than indicated in the EIR; (3) a mitigation previously found infeasible is determined to be feasible; or (4) a mitigation measure or alternative not previously considered would substantially lessen one or more significant effects. Since none of the conditions apply, the three parcels added to this area by LAFC are considered categorically exempt. ()5 \Ii) l¡ ¡,:æ 11 )ri , 'i (,~J';';~if' 2079 There being no further discussion, President Stanley declared the Public Hearing closed at 8:28 p.m. After discussion, it was moved by Member Boneystee1e, seconded by Member Campbell to remove all of the area designated as DA 77, Parcel 0 from the annexation and order the annexation of DA 73,75,76 and 78 and the balance of 77 as amended by LAFC. Mr. Mansfield stated that the Office of Planning Research (OPR) made the decision that Central San would be the lead agency on this annexation but LAFC would hold the position of the responsible agency. The condition of approval was predicated upon the District's amended boundaries not being changed. The District, however, can disapprove the proposed additional lots and then resubmit the original proposal. Members Boneysteele and Campbell withdrew their motion. Mr. Robbins, proponent for the annexation, expressed his disappointment if the annexation was not approved indicating the time and expense he had incurred and that the three additional lots would have no impact on the EIR. After discussion, it was moved by Member Boneystee1e, seconded by Member Campbell, to exclude the three parcels added by LAFC to DA 77 Parcel 0 and order the annexation of all other areas in DA 73, 75, 76, 77, including the three original parcels in Parcel 0, and DA 78 as modified by LAFC. Motion failed by the following vote: AYES: ,~Members:_, Boneystee1e and Campbell NOES: Members: Carlson, Dalton and Stanley ABSENT: Members: None It was then moved by Member Carlson, seconded by Member Dalton, that respective resolutions be adopted ordering annexation of District Annexations 73, 75, 76, 77 excepting Parcel 0 and 78, as amended by LAFC, and that Board action on DA 77Parce'l 0 be deferred for two weeks pending further review by District staff. Motion was unanimously approved. At 8:40 p.m., President Stanley recessed the meeting. At 8:47 p.m., President Stanley reconvened the meeting. President Stanley asked if there were any requests to take items out of order. Mr. Dolan, GM-CE, requested that Item I ("Equipment Budget") under Section VIII. Budget and Finance be discussed at this time. Board Members voiced no objections to the request. VII I. BUDGET AND FINANCE 1. TENTATIVELY APPROVE EQUIPMENT BUDGET FOR 1982-83 Mr. Dolan, GM-CE, requested Mr. Robert Hinkson, Collection System Operations Manager, to review the major items requested by his Department. Mr. Hinkson indicated that his Department will require replacement of some heavy equipment this year, including the purchasing of a vacuum hydro-flush unit. He described some of the equipment to be replaced and showed a slide presentation prepared by Vector Company depicting the capabilities of a new vacuum hydro-flush unit. After discussion, it was moved by Member Carlson, seconded by Member Dalton, to approve the Equipment Budget for 1982-83 as presented. Mr. Paul Morsen, Administrative Department Manager, requested that the Equipment Budget be amended to include a new chair to be used by the Recording Secretary at the dias in the new Board room. Members Carlson and Dalton amended their motion to include one new chair matching as near as practicable to the existing chairs at the dias and the amended motion was unanimously approved. (')..' t'" , ~) ~,,; ~. , fi';¡¡ ! "..' ~,~) .J N:¡¡¡j 2080 There being no further requests for items to be taken out of order, President Stanley reverted to the order of the agenda. v!. ADMI N I STRATI ON 1. REVIEW AND APPROVE DISTRICT TRAVEL POLICY At the request of Mr. Dolan, Mr. Paul Morsen, Administrative Department Manager, reviewed the proposed District Travel policy for the Board Members. After Board and staff discussion, it was moved by Member Dalton, seconded by Member Carlson, that the District Travel Policy be approved subject to minor amendments suggested by the Board. Motion was unanimously approved. VI I. ENGINEERING 1. APPROVE AMENDMENT NO. 12 TO THE TASK A AGREEMENT WITH METCALF & EDDY FOR COMPLETION OF TASK A DES1GN, DESIGN OF ADDITIONAL SCOPE ITEMS AND ENGINEERING SERVICES THROUGH BID AWARD AND AUTHORIZE $261,026 IN SEWER CONSTRUCTION FUNDS Mr. Dolan asked Dr. Weddle, Deputy Chief Engineer, to comment on the amendment. Dr. Weddle explained that at the time the original Agreement was approved, many work details were unknown. As the work progressed, the scope of the project became more evident. Amendment No. 12 addresses the required changes in the Agreement and increases M&E's cost ceiling by $231,326. An additional $29,700 is requested to cover District in- house engineering time and project management costs, making a total requested Sewer Construction Fund authorization of $261,026. In answer to Board query, Dr. Weddle stated that this authorization should complete the requests for additional funds for design of the Task A project with the exception of office engineering support during construction. After discussion, it was moved by Member Carlson, seconded by Member Dalton, to approve Amendment No. 12 to the Metcalf & Eddy Task A Agreement contingent upon approval from the State Water Resources Control Board and to authorize $261,026 in additional Sewer Construction Funds for completion of the design portion of the Task A Project. Motion was unanimously approved. 2. AUTHORIZE EXECUTION OF THE AGREEMENT WITH METCALF & EDDY AND AUTHORIZE $8,702 IN SEWER CONSTRUCTION FUNDS FOR DESIGN OF FOUNDATION FOR THE, ELECTRIC DRIVEN BLOWER After explanation by Mr. Dolan, GM-CE, it was moved by Member Dalton, seconded by Member Carlson, to authorize execution of Amendment No.6 to the Task B Agreement with Metcalf & Eddy for the Design of a Foundation for the Electric Driven Aeration Blower and authorize $8,702 in Sewer Construction Funds for the work. Motion was unanimously approved. 3. AUTHORIZE AN ADDITIONAL $5,300 FOR INSTALLATION OF WASTEWATER SAMPLER SYSTEMS After explanation by Mr. Dolan, GM-CE, it was moved by Member Dalton, seconded by Member Boneysteele, to authorize an additional $5,300 from the Sewer Construction Fund for completion of wastewater sampler systems at the Treatment Plant. Motion was unanimously approved. 4. REVIEW AND COMMENT ON PROPOSED REVISED SCHEDULE OF PLAN REVIEW FEES, INSPECTION FEES AND MISCELLANEOUS CHARGES FOR PRIVATE SEWER CONSTRUCTION PROJECTS Mr. Dolan, GM-CE, requested Mr. Ron Klimczak, Associate Engineer, to review the options for the proposed fee schedules for Mainline inspection of private sewer construction projects. 05 ""^~ ~, " IWt' ti~i 2081 At the conclusion of the review, Member Carlson requested that staff solicit input from the contractors or developers as to the preferred options. Mr. Klimczak replied that he had met with Mr. Dean LaField of the Builders' Association, who will obtain a consensus from the contractors he represents. This information will be forwarded to the Board prior to the Hearing date. ESTABLISH A HEARING DATE OF JUNE 10, 1982 TO CONSIDER CHANGES TO ENVIRONMENTAL QUALITY CHARGE (EQC) 5. In discussion concerning this matter, it was determined that the full Board would be unable to be present for an adjourned meeting on June 10. Therefore, it was the consensus to establish, Friday, June 11, as the date to hold a Public Hearing to consider changes to the Environmental Quality Charge and that an adjourned meeting be called for that date. VII I. BUDGET AND FINANCE TENTATIVELY APPROVE EQUIPMENT BUDGET FOR 1982-83 1. This item was acted upon earlier in the meeting following "IV. Hearings". IX. LEGAL/LITIGATION 1. AMENDMENT TO 1974 CONTRACT WITH THE CITY OF CONCORD Mr. Carniato, District Counsel, distributed copies of the proposed amendment to the Contract with the City of Concord. The language of the contract has been modified and the amendment has now been approved by Counsel for the City of Concord. It will be presented to the Concord City Council at their meeting of May 24. After discussion, it was moved by Member Campbell, seconded by Member Dalton, to approve the amendment to the 1974 Contract with the City of Concord. Motion was unanimously approved. x. SOLID WASTE 1. CORRESPONDENCE FROM VALLEY DISPOSAL, INC., RELATING TO GARBAGE COLLECTION RATE INCREASE APPLICATION Mr. Dolan, GM-CE, directed the Board's attention to a letter from Mr. Sanford Skaggs, attorney for Valley Disposal Company and its subsidiaries, requesting reconsideratiön of the garbage rates established by the Board for Valley, Lafayette and Diablo Disposal Companies at their meeting of April 15 and April 22. Member Carlson asked if any staff decision has been made on the selection of an audit management consultant. Mr. Funasaki, Finance Officer, replied that the name of three firms had been submitted and Request for Proposals (RFP) will be submitted to the three firms. When such proposals are received, they will be reviewed by staff and presented to the Board of action. Mr. Dolan stated that Mr. Skaggs indicated in his letter that the established rates failed to provide for recovery of interest expense of approximately $75,000. The rates established by the Board were set at 100% operating ratio with the result that the interest expense would be excluded. Therefore, Mr. Skaggs is requesting that the District recalculate the rates to produce sufficient revenues to cover interest expense. Board discussion followed wherein Member Carlson moved that the com- mercial rates be adjusted to include interest cost at a 100% operating ratio. Member Campbell pointed out that it would not be proper to consider rate adjustments if they were not a calendared item on the agenda. Motion failed for lack of a second. (~ ,.,.. '",' ;,'~, ë':) í) ,';, , ';~ c~ l" 2082 Mrs. Barbara Zivica was present in the audience and requested to comment on the matter. After discussion, it was moved by Member Carlson, seconded by Member Dalton, that reconsideration of the rate increases established for Valley and Diablo Disposal Companies by the Board at its April 22 meeting be calendared on the June 3 agenda. Motion was unanimously approved. XI. ITEMS LATE FOR THE AGENDA None XI I. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan advised that he had addressed the Contra Costa Development Association at their meeting last Monday. b. Mr. Dolan discussed the completion date schedule for the 5B Design Project. He explained that the Project is broken into two phases: (1) design of the hydraulic portion; and (2) design of the Solids Handling portion. c. Mr. Dolan reviewed the budget schedule for the Board Members. d. Mr. Dolan reported that a meeting has been scheduled by the County for May 27, regardi ng the Garbage to Energy Project. He requested that Mr. Dalton attend that meeting. e. Mr. Dolan stated that he had attended a meeting at the Department of Water Resources (DWR). DWR requested that Central San continue working with that agency on Reclamation Alternatives involving Delta overflow. He will keep the Board apprised of any developments on this matter. f. staff. Mr. Dolan reported on the professional activities of District g. Mr. Dolan advised that through the efforts of the Engineering and Collection System Operations Departments, the District has qualified for Federal Disaster Funds to assist in the restoration of storm damage incurred by the District to its facilities last winter. h. Mr. Dolan indicated that he will be attending the AMSA Conference in Boston next week. In his absence, Messrs. Paul Morsen and David Niles will assume the responsibility and authority of the GM-CE. i. Mr. Dolan reported that he had two items for discussion in Closed Session. 2. COUNSEL FOR THE DISTRICT None 3. SECRETARY None 4. COMMITTEES a. Mr. Dalton reported that at a recent Solid Waste Meeting, discussion centered on forming an organization comprised of the District, Cities and County to contract the management of solid waste. o~ " {} -' ,~, ~t) "~.'- ,,~, 2083 XIII. MATTERS FROM THE BOARD NOT ON THE AGENDA On behalf of the Board, President Stanley expressed his satisfaction and appreciation to the staff for creating such a beautiful Room. At 10:22 p.m., President Stanley recessed the meeting. At 10:27 p.m., President Stanley reconvened the meeting. XIV. CLOSED SESSION At 10:28 p.m., President Stanley declared a closed session to discuss litigation, litigation bills, meet and confer, and personnel matters. At 11:21 p.m., President Stanley concluded the closed session and reconvened the meeting in open session. XV. ACTIONS RESULTING FROM DISCUSSION IN CLOSED SESSION 1. APPROVE BILLS FOR LITIGATION SERVICES It was moved by Member Boneystee1e, seconded by Member Dalton, that the statements from John J. Carniato in the amount of $17,803.72; Corbett, Kane, Berk and Barton in the amount of $1,171.50; and Larry Walker Associates in the amount of $5,797.70 be approved. Motion was unanimously approved. XVI. ADJOURNMENT At 11 :22 p.m., President Stanley adjourned the meeting. Presldent of the District Board f the Central Contra Costa Sanitary strict, County of Contra Costa, State of California COUNTERSIGNED: C"\ ~,-' ',~ "\'. '- ~ '~,.I 0' ~ . '"",I \> 4~ ¡: ¡';;' ~i\ ,..:'