HomeMy WebLinkAboutBOARD MINUTES 11-07-85
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MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE CENTRAL CONTRA
COSTA SANITARY DISTRICT HELD ON NOVEMBER 7, 1985
The Di strict Board of the Central Contra Costa Sanitary Di strict
convened in a regul ar meeti ng at its regul ar pl ace of meeti ng, 5019
Imhoff Place, Martinez, County of Contra Costa, State of California, at
7:30 p.m. on November 7, 1985.
President Boneysteele called the meeting to order and requested that
the Secretary call roll.
I.
ROLL CALL
PRESENT:
Members:
Carlson, Dalton, Schmidt, Clausen, Boneysteele
ABSENT:
Members:
None
II.
PUBLIC COMMENTS
None
III.
APPROVAL OF MINUTES
1.
APPROVAL OF MINUTES OF OCTOBER 17, 1985
2.
APPROVAL OF MINUTES OF OCTOBER 19,1985
It was moved by Member Carlson and seconded by Member Schmidt, that
the minutes of October 19, 1985, be approved as presented and that the
minutes of October 17, 1985, be approved with the following corrections:
Under Item IX. REAL PROPERTY 2. APPROVE THE LEASING OF DISTRICT
PROPERTY PARCEL C.2, APPROXIMATELY 7 ACRES, TO COUNTY QUARRY PRODUCTS,
(NORTHERN PORTION OF THE FORMER KIEWIT PROPERTY) was inserted following
Parcel C.2; and
Under Item VIII. LEGAL/LITIGATION 1. REQUEST TO INCREASE THE
AUTHORIZED EXPENDITURE LEVEL FOR THE DISTRICT LEGAL SERVICES, Member
Da 1 ton was recorded as bei ng absent rather than voti ng i n favor of the
motion.
There being no objection, the above motion was unanimously approved.
IV.
EXPENDITURES
1.
EXPENDITURE LIST DATED NOVEMBER 7,1985
Member Dalton, member of the Budget and Finance Committee, stated he
and Member Schmidt have reviewed the expenditures and found them to be
satisfactory.
It was moved by Member Dalton and seconded by Member Schmidt, that
the Expenditure List dated November 7, 1985, including Running Expense
Warrant Nos. 22420-22758, Sewer Construction Warrant Nos. 3268-3307, and
Payroll Warrant Nos. 4969-5377, be approved as presented. There being no
objection, the motion was unanimously approved.
V.
HEARINGS
1.
CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE
COMPILING AND CODIFYING THE EXISTING ORDINANCES OF THE DISTRICT BY
REFERENCE AS THE CENTRAL CONTRA COSTA SANITARY DISTRICT CODE AND
CONSIDER ADOPTION OF RELATED RESOLUTIONS
President Boneysteele indicated that the purpose of this publ ic
hearing is to receive public comment regarding the adoption of an
ordinance compiling and codifying the existing ordinances of the District
by reference as the Central Contra Costa Sanitary District Code.
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Mr. Roger J. Dolan, General Manager-Chief Engineer, introduced Ms.
Joyce E. McMillan, Secretary of the District, who stated that in
compliance with Health and Safety Code requirements, notice of the public
hearing has been published. Ms. McMillan then provided a brief overview
of the codification project.
President Boneysteele declared the publ ic hearing open at the hour
of 7:42 p.m. There being no appearances either in favor of or in
opposition to the proposed ordinances, President Boneysteele declared the
public hearing closed.
It was moved by Member Dalton and seconded by Member Carlson, that
Ordinance No. 156 compiling and codifying the existing ordinances of the
District and adopti ng the compil ation and codi ficati on by reference as
the Central Contra Costa Sanitary Di strict Code be adopted and the the
Secretary of the District be directed to publish said ordinance pursuant
to Health and Safety Code Section 6490, that Resolution No. 85-120
establishing penalties for delinquent payments, Resolution No. 85-121
,establishing publ ic 1 iabil ity insurance and property damage insurance
amounts, Resol ution No. 85-122 establ ishing amounts of cash deposits,
Resolution No. 85-123 establishing annexation charge, Resolution No.
85-124 approvi ng schedul e of fixture charges, and Resol ution No. 85-125
adopting watershed trunk sewer charges be adopted. Motion unanimously
approved on the following roll call vote:
AYES:
NOES:
Members:
Carlson, Dalton, Schmidt, Clausen, Boneysteele
Members:
None
ABSENT:
Members:
None
VI.
CONSENT CALENDAR
It was moved by Member Carlson and seconded by Member Dalton, that
the Consent Calendar, consisting of fourteen items, be approved as
recommended, resolutions adopted as appropriate, and recordings duly
authorized.
1.
Resol uti on No. 85-126 accepti ng an easement at no cost to the
Di strict from R. HAGER, et ux, Pl easant Hil 1 area (Job 3948 -
Parcel 3) was adopted.
Motion unanimously approved on the following roll call vote:
AYES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele
NOES: Membe rs: None
ABSENT: Membe rs: None
2.
Resolution No. 85-127 accepting an easement at no cost to the
District from R. M. LEACH, Pleasant Hill area (Job 4130 - Parcel
1) was adopted.
Motion unanimously approved on the following roll call vote:
AYES: Membe rs: Carl son, Dalton, Schmidt, Clausen, Boneysteele
NOES: Membe rs: None
ABSENT: Members: None
3.
Resol ution No. 85-128 accepti ng an easement at no cost to the
District from DAVlDON HOMES, Pleasant Hill area (Job 4070 -
Parcel 4) was adopted.
Motion unanimously approved on the following roll call vote:
AYES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele
NOES: Members: None
ABSENT: Members: None 11 ,07 85
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4.
Resol uti on No. 85-129 accepti ng an easement at no cost to the
District from R. T. COX, et ux, Orinda area (Job 4103 - Parcel
2) was adopted.
Motion unanimously approved on the following roll call vote:
AYES:
NOES:
Members:
Carlson, Dalton, Schmidt, Clausen, Boneysteele
Members:
None
ABSENT:
Members:
None
5.
Resol uti on No. 85-130 accepti ng an easement at no cost to the
District from CORTELYOU & COLE, INC., Orinda area (Job 4103 -
ParcelS) was adopted.
Motion unanimously approved on the following roll call vote:
AYES:
NOES:
Carlson, Dalton, Schmidt, Clausen, Boneysteele
Members:
Members:
None
ABSENT:
Members:
None
6.
Resolution No. 85-131 accepting an easement at no cost to the
District from CORTELYOU & COLE, INC., Orinda area (Job 4103 -
Parcel 6) was adopted.
Motion unanimously approved on the following roll call vote:
AYES:
Carlson, Dalton, Schmidt, Clausen, Boneysteele
Members:
NOES:
Members:
None
ABSENT:
Members:
None
7.
Resolution No. 85-132 accepting an easement at no cost to the
District from R. F. TOMFOHRDE, et ux, Orinda area (Job 4103 -
Parcel 7) was adopted.
Motion unanimously approved on the following roll call vote:
AYES: Members: Carl son, Dalton, Schmidt, Clausen, Boneysteele
NOES: Members: None
ABSENT: Members: None
8.
Resolution No. 85-133 accepting an easement at no cost to the
District from W. A. RUHLAND, et ux, Orinda area (Job 4103 -
Parcel 9) was adopted.
Motion unanimously approved on the following roll call vote:
AYES: Members: Carl son, Dalton, Schmidt, Cl ausen, Boneysteele
NOES: Members: None
ABSENT: Members: None
9.
Resol uti on No. 85-134 accepti ng an easement at no cost to the
District from R. L. SHAKLEE, Trustee, Alamo area (Job 3934 -
Parcel 1) was adopted.
Motion unanimously approved on the follow i ng roll call vote:
AYES: Members: Carl son, Dalton, Schmidt, Clausen, Boneysteele
NOES: Members: None
ABSENT: Members: None
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10.
Quitclaim sewer easement, Job 3178, Subdivision 4915,
Roundhill Unit No.8, Al amo area was approved, executi on and
recording were authorized (Resolution No. 85-135).
Motion unanimously approved on the following roll call vote:
AYES: Membe r s: Carl son, Dalton, Schmidt, Clausen, Boneysteele
NOES: Members: None
ABSENT:
Members:
None
11.
Authorization was given for P.A. 85-23 (Alamo), P.A. 85-24
Wanville), P.A. 85-25 (Pleasant Hill), and P.A. 85-26
Wanville) to be included in a future formal annexation to the
District.
Motion unanimously approved on the following roll call vote:
AYES:
Members:
Carlson, Dalton, Schmidt, Clausen, Boneysteele
NOES:
Members:
None
ABSENT:
Members:
None
12.
The contract for construction of Project 20000, Barscreen
Installation was accepted and filing of the Notice of Completion
was authorized.
Motion unanimously approved on the following roll call vote:
AYES:
Members:
Carlson, Dalton, Schmidt, Clausen, Boneysteele
NOES:
ABSENT:
Members:
None
Members:
None
13.
Close out of the Chlorine/Sul fur Dioxide System Improvements
Project and return $12,790 to the Sewer Construction Fund
Wi strict Project 3660) was presented for the Board's
information.
14.
An extension of medical leave of absence for James Bolden,
Utility Worker, was authorized.
Motion unanimously approved on the following roll call vote:
AYES:
NOES:
Members:
Carlson, Dalton, Schmidt, Clausen, Boneysteele
Members:
None
ABSENT:
Members:
None
CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
Item VIII. Engineering, was taken out of order to accommodate
interested persons in the audience.
VII!.
ENGINEERING
1.
CONSIDER THE REQUEST OF MR. DAVID DEUTSCHER FOR THE CONDEMNATION OF A
PUBLIC SEWER EASEMENT IN THE PLEASANT HILL AREA (JOB 4048)
President Boneysteele stated that a request has been received from
Mr. David Deutscher for condemnation of a public sewer easement in the
Pleasant Hill area.
Mr. Jay S. McCoy, Construction Division Manager, outlined the
technical issues of the proposed condemnation and the advantages and
disadvantages of the alternatives available.
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Mr. James L. Hazard, Counsel for the District, summarized the legal
issues involved in the condemnation action.
At this time President Boneysteele called upon Mr. Irvin Deutscher.
Mr. Irvin Deutscher addressed the Board concerning his request for
condemnati on of an offsite publ ic sewer easement. Mr. Deutscher stated
that he had a firm bid from WW Construction in the amount of $20,175 for
install ati on of approximatel y 250 feet of gravity sewer to the east
across the creek and through an easement on pri vate property to Strand
Avenue (Alternative 1). Mr. Deutscher stated that he is not interested
in pursuing Alternative 2, installation of a sewage pumping station for
the subdivision. With respect to Alternative 3, installation of
approximately 800 feet of parallel 8-inch sewer in Linda Lane at a lower
elevation, Mr. Deutscher stated that the cost would be between $150,000
and $200,000.
Mr. David Deutscher addressed the Board concerning negotiations
conducted with Mr. and Mrs. Jeff Stokes for purchase of an easement to
serve the subdivision.
Mr. Jeff Stokes, 319 Strand Avenue, spoke in opposition of
condemnation of an easement across his property. Mr. Stokes stated that
he did not want an exposed sewer pipe visible from his back deck.
Mr. Bill Patterson, 317 Strand Avenue, spoke in opposition to the
requested condemnat ion. Mr. Patterson exp ressed conce rn over poss i b 1 e
financial disadvantage due to changes imposed by the lending institution
on his home mortgage if an easement were granted.
Mr. Tom Barham, 315 Strand Avenue, addressed the Board concerning the
effect of requirements of the lending institution on the property owner
if an easement were condemned.
Following Board discussion, President Boneysteele stated that this
matter would be continued to December 5, 1985, to allow negotiations to
continue between the developer and the property owners.
Presi dent Boneysteel e decl ared a recess at the hour of 9:48 p. mol
reconvening at the hour of 9:55 p.m., with all parties present as
designated heretofore. President Boneysteele then reverted to the order
of the agenda.
VII.
ADMINISTRATIVE
1.
CONSIDER A REQUEST FOR EMERGENCY WITHDRAWAL OF FUNDS FROM THE
DEFERRED COMPENSATION PLAN
It was moved by Member Carl son and
James Bolden's request for emergency
Deferred Compensation Pl an be approved
Compensati on Pl an Advi sory Committee.
motion was unanimously approved.
seconded by Member Dalton, that
withdrawal of $4,545 from the
as recommended by the Deferred
There bei ng no o~j ecti on, the
VII I.
ENGINEERING
CONSIDER THE REQUEST OF MR. DAVID DEUTSCHER FOR THE CONDEMNATION OF A
PUBLIC SEWER EASEMENT IN THE PLEASANT HILL AREA (JOB 4048)
1.
The item was taken out of order earlier in the agenda.
IX.
TREATMENT PLANT
AUTHORIZATION OF $10,750 IN SEWER CONSTRUCTION FUNDS FOR THE PURCHASE
OF A NEW VERSATEC PRINTER
1.
It was moved by Member Carl son and seconded by Member Dal ton, that
$10,750 be authorized from Sewer Construction Funds to purchase a new
Versatec printer. The motion was approved on the following roll call
vote:
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AYES: Membe r: Carl son, Dalton, Clausen, Boneysteele
NOES: Member: None
ABSENT: Member: None
ABSTAIN:
Membe r:
Schmidt
x.
BUDGET AND FINANCE
AUTHORIZE A PUBLIC NOTICE TO INDICATE AVAILABILITY OF DOCUMENTATION
IN SUPPORT OF THE PROPOSITION 4 APPROPRIATIONS LIMIT
1.
It was moved by Member Carlson and seconded by Member Clausen, that
placement of a public notice be authorized advising that documentation
used in the determination of the appropriations limit shall be available
fifteen days prior to the Board Meeting to be held on December 5,1985,
at which the appropriations limit for the Sewer Construction Fund for the
fiscal year 1985-1986 will be adopted. There being no objection, the
motion was unanimously approved.
2.
RECEIVE AUDIT REPORT AND RELATED INTERNAL ACCOUNTING CONTROLS REPORT
FOR THE FISCAL YEAR ENDED JUNE 30,1985
Mr. Dolan, General Manager-Chief Engineer, directed the Board's
attention to the staff response to the auditors' comments.
It was moved by Member Clausen and seconded by Member Carlson, that
the audited financial statements for the fiscal year ended June 30,1985,
and auditors' opinion thereon, and the related auditors' report of
internal accounting controls recommendations be received. There being no
objection, the motion was unanimously approved.
XI.
LEGAL/LITIGATION
APPROVE SETTLEt-ENT PAYMENT FOR MARIA LLAMAS VS. CCCSD LAWSUIT -
SUPERIOR COURT, CONTRA COSTA COUNTY CASE NO. 251586
1.
Mr. Dolan, General Manager-Chief Engineer advised that the Board has
been briefed on the legal specifics of this matter in closed session. If
there are any questions, staff is prepared to respond.
It was moved by Member Cl ausen and seconded by Member Dal ton, that
payment of $38,700 maximum be approved from the Operations and
Maintenance Contingency Fund to the Prudential Reinsurance Company for
the District's portion of the Maria Llamas vs. CCCSD lawsuit settlement.
Motion approved on the following roll call vote:
AYES:
Members:
Carlson, Dalton, Schmidt, Clausen, Boneysteele
NOES:
Members:
None
ABSENT:
Members:
None
DENY CLAIM FROM STATE FARM INSURANCE COMPANY CONCERNING PROPERTY AT
1581 HARLAN DRIVE, DANVILLE
2.
It was moved by Member Dal ton and seconded by Member Cl ausen, that
the cl aim from State Farm Insurance Company for damages al leged to have
occurred at 1581 Harlan Drive, Danville, California be denied and
referred to the Administrative Operations Manager for further action as
necessary. Motion unanimously approved on the following roll call vote:
AYES:
Members:
Carlson, Dalton, Schmidt, Clausen, Boneysteele
NOES:
Members:
None
ABSENT:
Members:
None
XII.
ITEMS LATE FOR THE AGENDA
None
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XIII.
REPORTS
1.
GENERAL MANAGER-CHIEF ENGINEER
a. Mr. Dolan, General Manager-Chief Engineer, directed the Board's
attention to the white paper concerning treatment of wastewater from
Livermore-Amador Valley agencies. Mr. Dolan stated that the District's
first duty is to the people within our District. There is a potential
for an advantage for the publ ic within our boundaries resulting from
sharing of costs in the San Ramon pipeline, as well as costs in future
expansion of our pl ant, and future operati ng costs. However, much of
this benefit will be lost if the agencies in the Livermore Valley do not
act soon because of the sequence of our expansion project.
Mr. James Kelly, Planning Division Manager, summarized the issues set
forth in the white paper. Mr. Kel ly stated that the work completed to
date has been accomplished with limited staff work. Board direction is
requested at this point since additional work would require significant
costs and staff time and perhaps the use of consultants. Mr. Kelly
indicated that Mr. Bob Whitley, project manager on the study currently
investigating wastewater disposal alternatiaves for the Livermore Valley,
is present tonight.
Member Carlson voiced his concern with the project. The potential
for savings appears to be a plus but in considering the problems the
District has had in the past with contract arrangements, this project
should be consi dered carefully. In addition, Member Carl son expressed
concern that adequate capacity be maintained for our District.
Mr. Whitley indicated that all eight alternatives under consideration
require affirmation by some other governmental agency.
Member Clausen stated that he would prefer to see annexations in the
future rather than contracts with other agencies.
Member Dalton stated that there are certain key dates with respect to
sizing the District pipeline. If the sewerage agencies in the Livermore
Valley want to cooperate with the District on a project, they must meet
those key dates.
President Boneysteele indicated that the District is interested in
responding to any other public agency but a specific request or proposal
must be submitted to us.
Mr. Dol an stated that the possibil ity of annexations in that area
would be a very big project and would bring growth/no growth conflicts
before this Board.
Member Schmidt stated that time is of the essence if there is to be a
cooperative project between the District and the sewerage agencies in the
Livermore Valley.
President Boneysteele stated that he is uncertain whether the
District should expand its boundaries in that area. We may have to work
with a contract instead.
Member Dalton stated that the Di strict has a basic proj ect which we
have known about for years. We should proceed with the project but
, maintain close coordination with the sewerage agencies in the Livermore
Valley in the hope they will meet the key dates for inclusion in the
project. If they do not, we will have to proceed without them.
President Boneysteele stated that before the Board can proceed, a
proposal indicating that the Livermore Valley sewerage agencies are
interested in export to CCCSD via the Southern Pacific right-of-way must
be submitted.
Mr. Whitley thanked the Board.
b. Mr. Dolan reported that the predicted $56,000 savings from
increasing the self-insured retention on the District's liability
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insurance from $50,000 to $100,000 has evaporated to approximately
$30,000 because of a change in underwriters. It is staff's position that
this change alters the appropriateness of the Board decision to revise
the deductible. If the Board concurs, staff wil 1 inform the insurance
carrier that the District prefers to maintain the same $50,000
deductible.
It was moved by Member Cl ausen and seconded by Member Carl son, to
rescind the previous Board action and elect to maintain the $50,000
deductible on the District liability insurance. There being no
objection, the motion was unanimously approved.
c. The SA settl ement agreement, termi nati on agreement, and payment
requests have been signed and forwarded to the State for processing.
d. The District is currently advertising for the Planning Division
Office Project.
2.
COUNSEL FOR THE DISTRICT
A status report of the refuse collection franchise negotiations was
presented.
3.
SECRETARY OF THE DISTRICT
None
4.
BOARD MEMBERS
a. Member Cl ausen complimented staff on the excellent program for
Update '85.
b. Member Carl son reported on refuse col lection franchise
discussions at the Moraga Town Council meeting on November 6,1985.
c. Membe r Dalton reported on the Novembe r 6, 1985, So 1 i d Waste
Commission meeting.
d. President Boneysteele reported on the refuse collection franchise
discussion at the Lafayette City Council meeting on October 28, 1985.
XIV.
MATTERS FROM THE BOARD NOT ON THE AGENDA
1.
REAL PROPERTY NEGOTIATIONS
With respect to real property negotiations, the closed session is
being held pursuant to Government Code Section 54956.8. The real
property which the negotiations may concern is the Southern Pacific
Right-of-Way. The District's negotiators may negotiate with the County
of Contra Costa.
2.
PERSONNEL
The closed session is being held to discuss personnel pursuant to
Government Code Section 54957.
At 11:30 p.m., President Boneysteele declared the closed session to
discuss real property negotiations pursuant to Government Code Section
54956.8 and personnel pursuant to Government Code Section 54957. At
12:18 a.m., President Boneysteele concluded the closed session and
reconvened the meeting into open session.
xv!.
ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION
None
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XVII.
ADJ OURNMENT
There bei ng no further busi ness to come before the Board, Presi dent
Boneysteele adjourned the meeting at the hour of 12:18 a.m., to reconvene
at 7:30 p.m. on Tuesday, November 19,1985.
ctors,
District,
of Cal iforni a
COUNTERSIGNED:
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