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HomeMy WebLinkAboutBOARD MINUTES 05-03-84 44 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MAY 3, 1984 The Board of Directors of the Central Contra Costa Sanitary District convened in a regular session at their regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, on May 3, 1984, at 7 :30 p.m. roll. President Dalton called the meeting to order and requested the Secretary call I. ROLL CALL PRESENT: Members: Carlson, Boneysteele, Clausen, Dalton ABSENT: Members: Stanley Member Stanley telephoned and indicated that due to an emergency he would be unable to attend this meeting and requested that he be excused. II. APPROVAL OF MINUTES 1. MINUTES OF APRIL 19, 1984 It was moved by Member Boneysteele, seconded by Member Clausen, that the minutes of April 19, 1984, be approved as presented. There being no objections, the motion was approved. III. EXPENDITURES 1. EXPENDITURE LIST DATED MAY 3, 1984 Member Boneysteele, member of the Budget and Finance Committee, stated he had reviewed the expenditures and found them to be satisfactory. It was moved by Member Boneysteele, seconded by Member Clausen, that the Expenditure List dated May 3, 1984, including Running Expense Warrant Nos. 13767-13948; Payroll Warrant Nos. 805-1054; and Sewer Construction Warrant Nos. 1852-1877, be approved as presented. There being no objection, the motion was approved. IV. CONSENT CALENDAR It was moved by Member Clausen, seconded by Member Boneysteele, that the Consent Calendar, consisting of five items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Accept an easement at no cost to the District from BLACKHAWK DEVELOPMENT CORPORATION, Blackhawk area (Job 3936, Parcell), Resolution No. 84-046. 2. Accept an easement at no cost to the District from BLACKHAWK DEVELOPMENT CORPORATION, Blackhawk area (Job 3937, Parcel 3), Resolution No. 84-047. 3. Accept an easement at no cost to the District from RICHARD RA YMOND PATRICK, et ux, Orinda area (Job 3851, Parcel 2), Resolution No. 84-048. 4. Accept an easement at no cost to the District from JEFFREY SUPRAN, et ux, Orinda area (Job 3851, Parcel 3), Resolution No. 84-049. 5. Authorized inclusion of P .A. 84-8 (Alamo) in a future formal annexation to the District. The above motion was approved with Member Stanley being absent. 05 03 84 45 CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None V. ADMINISTRATIVE 1. RECOMMEND POLICY FOR USE OF DISTRICT FACILITIES BY OUTSIDE GROUPS Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that the Board had requested staff to research policies of other agencies relative to use of facilities by outside groups. District considerations in regard to security, risk, and costs were also reviewed. It was moved by Member Carlson, seconded by Member Clausen, that a policy be adopted allowing the use of District facilities by outside groups only when the District is involved or the meeting is directly involved with District-related business. The motion was approved on the following roll call vote: AYES: Members: Carlson, Boneysteele, Clausen, Dalton NOES: Members: None ABSENT: Members: Stanley RECEIVE INFORMA TION ON UNAUTHORIZED SEWER LINE CONNECTIONS AND THE DISTRICT PROCEDURE CONCERNING THEM 2. Mr. Dolan, General Manager-Chief Engineer, presented a position paper outlining District procedure currently being utilized when unauthorized connections to sewer lines are discovered. The responsible property owner is identified, notified of the unapproved connection, requested to establish that the connection has been approved, or obtain such approval and pay the appropriate fees. If, after 30 days, no response is received, further attempts to contact the responsible individual are made by telephone and letter. If no progress is made, the matter is turned over to District Counsel and the responsible individual is notified in writing. The Board received the above procedure and attachments indicated their concurrence and suggested no changes. 3. CONSIDER AL TERNA TIVE COURSES OF ACTION ON NONPAYMENT OF CONNECTION FEES FROM BARRETT DEVELOPMENT COMPANY, A BANKRUPT Mr. Dolan, General Manager-Chief Engineer, advised the Board that in September 1982 the District discovered that Barrett Development Company had not paid applicable connection fees for units in a Pleasant Hill subdivision. Mr. Dolan outlined the three possible alternatives available to the Board at this time. The current status of the property in question and possible legal and statutory remedies were discussed by the Board and staff. Mr. John J. Carniato, Counsel for the District, advised that the District can in effect file a lien on the property as a result of illegal connections or nonpayment of fees. However, this is not an automatic statutory lien. Mr. Carniato advised further that an alternative to the options already discussed would be to take no action at this time and keep all options open for possible future negotiation. Following discussion, it was moved by Member Clausen, seconded by Member Carlson, that the matter of nonpayment of connection fees from Barrett Development Company, a Bankrupt, be referred to counsel for continued monitoring and follow-up. There being no objection, the motion was approved. District Counsel has flagged the statute of limitations and will monitor it. 05 ()3 84 46 VI. BUDGET AND FINANCE 1. RECEIVE THE 1984-1985 EQUIPMENT BUDGET FOR REVIEW Mr. Dolan, General Manager-Chief Engineer, presented the 1984-1985 Equipment Budget for initial review by the Board of Directors. Member Boneysteele commended staff on the quality of the budget. Following discussion, it was moved by Member Carlson, seconded by Member Clausen, that the 1984-1985 Equipment Budget be approved as submitted. The motion was approved on the following roll call vote: AYES: Members: Carlson, Boneysteele, Clausen, Dalton NOES: Members: None ABSENT: Members: Stanley None VII. ITEMS LATE FOR THE AGENDA VIII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan, General Manager-Chief Engineer, announced that a retirement dinner was held on May 2, 1984, for Mr. Wendle Whipple, Supervising Surveyor in the Engineering and Construction Department, after 28 years of employment with the District. Mr. Whipple is involved in many humanitarian activities and plans an active retirement, b. Mr. Dolan advised the Board of the resignation of Personnel Officer Gail Koff, effective in August of this year. It is understandable that Mrs. Koff would want to be more actively involved at home with her two young children and in the community, but her presence at the District will be missed. c. Mr. Paul Morsen, Administrative Department Manager, reported that the Contra Costa County Public Works Department intends to use 11 to 14 acres of the Blum Road property for their corporate yard. The County's intention is to subdivide the remainder of the property for use as a light industrial development. They are not considering the sale of any of the Blum Road property at this time. Other parcels in the area were discussed briefly and staff was directed to check deeds for reversionary clauses in the event such parcels become available for sale. d. Mr. Dolan reported that at the last meeting of Bay Area Dischargers Association, Regional Water Quality Control Board Executive Director Roger James was in attendance. Mr. James indicated that the RWQCB intends to significantly increase monitoring requirements. Such an increase is not budgeted for because the cost is presently unknown. This could cause an overrun in our District budget. Staff will continue to monitor this matter. e. Mr. Dolan presented the Draft Report of the District Comprehensive Solid Waste Management Plan prepared by Mr. James Kelly, Planning Division Manager. Board Members and staff discussed the scope of the Sanitary Landfill/Comprehensive Solid Waste Disposal Project. f. Mr. Dolan reported that Central Contra Costa Sanitary District received an award from CWPCA in recognition of its second place finish in the Group III Safety Contest. Collection System Manager Robert Hinkson received the Richard D. Pomeroy Award for his practical application of original sewer maintenance concepts and contributions to the advancement of the "state of the art" through his work in CWPCA and WPCF. 2. COUNSEL FOR THE DISTRICT a. Mr. John J. Carniato, Counsel for the District, reported that Contra Costa Water District has filed suit against the District relative to water reclamation. Mr. Carniato stated he would respond to any questions of the Board in closed session. 05 03 84 47 b. Mr. Carniato gave a brief status report of the city of Concord flow meter issue as it relates to Tolling the Statute of Limitations. In the original Agreement to Toll the Statute of Limitations, the effective date was January 1, 1984. The city of Concord amended the Agreement making the effective date April 9, 1984. Mr. Carniato requested consideration and direction from the Board. 3. SECRETARY OF THE DISTRICT None 4. BOARD MEMBERS a. Member Clausen requested that staff contact other refuse franchising agencies and study franchise agreements noting conditions, requirements, limitations, and desirable provisions not included in our present franchise agreements. Additionally, staff was requested to recommend a procedure for considering existing franchises and, if appropriate, granting new ones. IX. MATTERS FROM THE BOARD NOT ON THE AGENDA None X. CLOSED SESSION At 9:22 p.m., President Dalton declared a closed session to discuss pending litigation and/or personnel matters. At 9:48 p.m., President Dalton concluded the closed session and reconvened the meeting into open session. XI. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION It was moved by Member Clausen, seconded by Member Carlson, that the President be authorized to execute the Agreement Tolling the Statute of Limitations between the city of Concord and the District, and that the Negotiating Committee, Members Carlson and Clausen, be authorized to execute a letter to the city of Concord with minor modifications proposed by Member Clausen. There being no objections, the motion was approved. XII. ADJOURNMENT At 9:50 p.m., President Dalton adjourned the meeting. LD-6l ~~-- President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: t,./hc Se r ry of the Central Contra Cos a Sanitary District, County of Contra Costa, State of California () ;) ()3 84