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HomeMy WebLinkAboutBOARD MINUTES 08-01-85 225 MINUTES OF THE REGULAR BOARD MEETING OF lHE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON AUGUST 1,1985 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 7:30 p.m. on August 1,1985. 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. APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF JULY 11,1985 It was moved by Member Dalton and seconded by Member Clausen, that the minutes of July 11, 1985, be approved with the correction of the typographical error on page six. There being no objection, the motion was unanimously approved. III. EXPENDITURES 1. EXPENDITURE LIST DATED AUGUST 1,1985 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 August 1,1985, including Running Expense Warrant Nos. 20873-21072 and Sewer Construction Warrant Nos. 3109-3134, be approved as presented. Following discussion, the motion was unanimously approved. IV. HEARINGS 1. CONDUCT A PUBL IC HEARING ON lHE PROPOSED NEW SCHEDULE OF FEES FOR PLAN REVIEW, CONSTRUCTION INSPECTION, COLLECTION SYSTEM, RIGHT-OF-WAY, INDUSTRIAl PERMIT, SEPTAGE DISPOSAL, AND MISCELLANEOUS FEES FOR PRIVATE SEWER CONSTRUCTION PROJECTS Mr. Roger J. Dolan, General Manager-Chief Engineer, introduced Planning Division Manager James M. Kelly. Mr. Kelly stated that last year private sewer construction project fees were increased by 4 percent. At that time staff indicated that a comprehensive review of the basis of all fees would be done during the 1984-1985 fiscal year. Historical records have been reviewed to determine the cost of actually doing busi ness. These costs were captured by the FMIS system. An extensive solicitation process was conducted with contractors and building associations in an attempt to develop equitable fees. Meetings were held with industry representatives and septage haulers. Ms. Joye Kurasaki, Project Manager, presented the proposed new schedule of fees for plan review, construction inspection, collection system, right-of-way, industrial penmit, septage disposal, and miscellaneous fees for private sewer construction projects. Ms. Kurasaki summarized comments received from contractors, industries, and septage haulers. President Boneysteele declared the public hearing open at the hour of 8: 19 p. m. Mr. Joe Bristol, of Rotc-Rooter, requested that, because of administrative difficulties that result from a dual set of rates, the Boa rd i nst i tute a fl at rate based on the cost per ga 11 on for septage O'8\'~ <Yl;~ 8"5 { 226 disposal rather than the current charge which distinguishes between septage from within the District and septage from outside the District. Following discussion, it was recommended by Member Carlson that a septage rate of $7 per truck load of 2,000 gallons or less plus 5t per gallon be established. This would save staff time and would benefit the haulers by making the rate consistent. President Boneysteele stated that this recommendation would be taken under advisement. Mr. Jerry White, of J. Arthur White Corporation, stated that the District charge for TV reinspection is very high compared to the open market. Following discussion, it was determined that the TV reinspection fees were based on actual costs and that an effort was made to make these charges competitive in the marketplace. Mr. Bristol commended Central Contra Costa Sanitary District for having one of the best inspection departments in Northern California. President Boneysteele declared a recess at the hour of 9:00 p.m., reconvening at the hour of 9:08 p.m., with all parties present as designated heretofore. Mr. Mark Ericsson, Attorney for Etch-Tek, Inc., stated that a flat industrial permit fee would be more equitable than a pass through of compliance costs. Member Dalton stated that it has been the Board's policy that those who cause the District costs pay for them. This appl ies to all costs and not just to the industrial permit fees. It would not be equitable to pass the industrial costs on to the public in general. There bei ng no fu rther comments re 1 ati ve to the matter at hand, President Boneysteele declared the public hearing closed at the hour of 9:31 p.m. Following discussion, it was moved by Member Carlson and seconded by Member Dalton, that the proposed schedule of fees for plan review, construction inspection, collection system, right-of-way, industrial permit, septage disposal, and miscellaneous fees for private sewer construction projects be approved as modified by the position paper addendum concerning the mainl ine inspection fee, and the septage fee being revised to a uniform rate of $7 per truck of up to 2000 gallons plus 5t per gallon, regardl ess of whether the septage was generated within or outside the District (Resol ution No. 85-067). The revised schedule of fees shall be effective September 1, 1985. Motion approved on the following roll call vote: AYES: Members: Carlson, Dalton, Schmidt, Clausen NOES: Members: None ABSENT: Members: None ABSTAIN: Members: Boneysteele It was noted for the record that although he presided over the public hearing President Boneysteele abstained form voting since pursuant to Section 2.20.060 of the District Code he has reported a value of Dow Chemical stock in excess of $10,000 and less than $100,000. Because of public comments received at the hearing, Member Carlson requested that staff monitor the charges for reinspection during the coming year to establ ish if they are actual costs or if an adjustment would be appropriate. V. BIDS AND AWARDS 1. AWARD CONSTRUCTION CONTRACT FOR BASIN "C" RENOVATION, DISTRICT PROJECT NO. 3615, AND AUTHORIZE $406,000 FROM THE SEWER CONSTRUCTION FUND 0 8" o~ 1 8.5.; 227 Mr. Dolan, General Manager-Chief Engineer, reported that sealed bids were received, opened, and evaluated by staff. Staff recommends award of the contract to Winton Jones Construction, Inc., the lowest responsible bidder. . It was moved by Member Dalton and seconded by Member Carlson, that the construction contract for Holding Basin "c" Renovation, District Project No. 3615, be awarded to Winton Jones Construction, Inc., per their proposal received July 25, 1985, and that $406,000 from the Sewer Construction Fund be authorized for the contract, force account, and conti ngencies. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None VI. CONSENT CALENDAR It was moved by Member Carlson and seconded by Member Clausen, that the Consent Calendar, consisting of ten items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Notification of election of officers for the Management Support/ Confidential Group for 1985-1986 was received. Motion unanimously approved on the following roll call vote: AYES: Members: Carl son, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 2. The contract for the construction of modifications of computer room HVAC system (Project 20017) was accepted and the filing of the Notice of Completion was authorized. Motion unanimously approved on the following roll ca 11 vote: AYES: Members: Carl son, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 3. Authorization was given for P.A. 85-15 (Danville) and P.A. 85-16 (Danville) 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 4. Resolution No. 85-068 accepting an easement at no cost to the District form STEPHEN K. JONES and LOWREY H. JONES, Diablo area (Job 4043 - Parcell) was adopted. Motion unanimously approved on the following roll call vote: AYES: NOES: Member: Carlson, Dalton, Schmidt, Clausen, Boneysteele Members: None ABSENT: Members: None 08 ~ ;91 ; 85 ~......' ',- l .- . 228 :-. .; 08 01 5. Resolution No. 85-069 accepting an easement at not cost to the District from STEPHEN K. JONES and LOWREY H. JONES, Diablo area (Job 4043 - 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 6. Reso 1 ut i on No. 85-070 accept i ng an easement at no cost to the District from ASPEN ASSOCIATES, Pacheco area (Job 4088 - Parcel 1) 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 7. Reso 1 ut i on No. 85-071 accept i ng an easement at no cost to the District from JOHN F. BARRON, et ux, Orinda area (Job 4001 - Parcell) 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. Reso 1 ut ion No. 85-072 accept i ng an easement at no cost to the District from R. BUSCAGLIA and N. BALES, Pacheco area (Job 4088 - Parcel 2) was adopted. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 9. Reso 1 uti on No. 85-073 accepti ng an easement at no cost to the District from DERR CONSTRUCTION AND DEVELOPMENT COMPANY, Walnut Creek area (Job 4019 - Parcel 2) 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 10. Resolution No. 85-074 accepting an easement at not cost to the District from DERR CONSTRUCTION AND DEVELOPMENT COMPANY, Walnut Creek area (Job 4019 - Parcel 4) was adopted. Motion unanimously approved on the following roll call vote: AYES: NOES: Carlson, Dalton, Schmidt, Clausen, Boneysteele Members: Members: None ABSENT: Members: None 85 229 CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER President Boneysteele departed form the order of the agenda to accommodate interested parties in the audience. XII. ITEMS LATE FOR THE AGENDA APPROVE AGREEMENT RELATING TO REAL PROPERTY WITH LESTER L. CROSBIE, ET UX, JOB 2947, SUBDIVISION 4983, LOT 4 IN THE LAFAYETTE AREA Mr. Dolan, General Manager-Chief Engineer, stated that the Agreement Relating to Real Property before the Board for consideration pertains to an encroachment across a Di strict easement. The encroachment does not cross the District pipeline and staff has determined that the improvements will not interfere with the present use of our sewer. The position paper asks for a conditional approval contingent upon satisfactory completion of a television inspection and correction of any deficiencies identified. 1. Mr. W. Michael Ambrose, President of Ambrose Construction, Inc., appeared before the Board and requested that the contingency be removed since it would preclude the close of escrow scheduled for tomorrow, August 2, 1985. Mr. Ambrose submitted a letter accepting responsibility for any costs incurred in the television inspection and correction of any deficiencies observed. Following deliberation, it was moved by Member Clausen and seconded by Member Carlson, that the Agreement Relating to Real Property with Lester L. Crosbie, et ux, Job 2947, be approved and the President of the Board Di rectors and the Secretary of the Di strict be authorized to execute said agreement upon receipt of the letter form Mr. W. Michael Ambrose, Presi dent of Ambrose Construction, Inc., accepti ng responsibility for any costs incurred in the television inspection or correction of any deficiencies which may be discovered during the television inspection (Resolution No. 85-066A). Motion unanimously approved on the following roll call vote: AYES: NOES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele Members: None ABSENT: Members: None President Boneysteele then reverted to the order of the agenda. VII. ADMINISTRATIVE 1. CONSIDER DEFERRED COMPENSATION PLAN EMERGENCY WITHDRAWAL REQUEST Mr. Dolan, General Manager-Chief Engineer, reported that this Deferred Compensation Plan emergency withdrawal request has been reviewed by the Deferred Compensation Plan Advisory Committee who recommends its approval. It was moved by Member Carlson and seconded by Member Clausen, that Doyle M. Hill's request for emergency withdrawal of $3,900 from the Deferred Compensation Plan be approved. Motion unanimously approved on the following roll call vote: AYES: Members: Carl son, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None VIII. ENGINEERING 1. SET PUBLIC HEARING DATE OF AUGUST 22, 1985, TO CONSIDER ADOPTION OF NEGATIVE DECLARATION FOR THE NORTH CONCORD/CLYDE SEWAGE COLLECTION SYSTEM IMPROVEMENTS PROJ ECTS Os 0.1:; 85 ..., . 230 Mr. Dolan introduced Mr. James M. Kelly, Planning Division Manager, who summarized the scope of the proposed projects. Member Dalton requested that staff review the project and consider installation of a gravity-flow pipeline. Mr. Kelly indicated that staff would follow up and report back to Member Dalton. It was moved by Member Carlson and seconded by Member Dalton, that a public hearing date of August 22, 1985, be set to consider adoption of the Negative Declaration for the North Concord/Clyde Sewage Collection System Improvements Project. There being no objections, the motion was unanimously approved. 2. AUlHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE JOINT EXERCISE OF POWERS AGREEMENT WITH CONTRA COSTA COUNTY AND AUTHORIZE $290,000 FROM lHE SEWER CONSTRUCTION FUND FOR THE WORK, DISTRICT PROJ ECT NO. 4092 Mr. Dolan, General Manager-Chief Engineer, stated that staff is prepared to answer any questions on this related item. The possibility of the cost of the sewer being borne by an assessment district was discussed. Member Dalton requested that this item be held until the pipe level question with regard to the Bates Avenue pump station is resolved. It was the consensus of the Board to proceed at this time. Member Carlson advised that he is an employee of Hofmann Company, a contractor for the improvement of a portion of these properties. Mr. James L. Hazard, Counsel for the Di strict, stated that Member Carl son would not be prohibited from participating in this decision since he is simply an employee and has no significant financial ownership in Hofmann Company. It was moved by Member Carlson and seconded by Member Clausen, that the General Manager-Chief Engineer be authorized to execute a Joint Exercise of Powers Agreement with Contra Costa County and that $290,000 from the Sewer Construction Fund be authorized for the East Bates Avenue Assesment District Sewer Work, District Project 4092. Motion approved on the following roll call vote: AYES: Members: Carl son, Schmidt, Clausen, Boneysteele NOES: Members: Dalton ABSENT: None 3. AUTHORIZE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE A CONTRACT AMENDMENT WITH JOHN CAR~LO ENGINEERS FOR DESIGN MODIFICATIONS TO THE INCINERATOR REPAIRS AND MODIFICATIONS PROJ ECT, DISTRICT PROJ ECT 3694 Mr. Dolan, General Manager-Chief Engineer, stated that this matter was reported to the Board in the Engineer's Report on July 18,1985. No authorization of funds is requested at this time because there are sufficient funds in the project budget for this design. It was moved by Member Dalton and seconded by Member Carlson, that the General Manager-Chief Engi neer be authorized to execute a contract amendment with John Carollo Engineers for design modifications to the Incinerator Repairs and Modifications Project for a lump-sum price of $30,000. Motion unanimously approved on the following roll call vote: AYES: NOES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele Members: None ABSENT: Members: None IX. BUDGET AND FINANCE 1. RECEIVE FINANCIAL STATEMENTS 08 ()"l-"'" "., , .' 8f> 231 . Mr. Dolan, General Manager-Chief Engineer, reported that the Financial Statements for the year ending June 30,1985, will be presented at the August 22,1985, Board meeting. Mr. Dolan introduced Construction Division Manager Jay S. McCoy who presented a capital project review of the Chlorine Exclusion Project, the Walnut Creek Building Renovation Project, and the Treatment Plant Control Room HVAC Project. X. LEGAL/LITIGATION 1. DENIAL OF ADDITIONAL CLAIMS RELATED TO THE PENNER-DEFFINA LANDSLIDE ON MERRILEE PLACE, DANVILLE It was moved by Member Clausen and seconded by Member Dalton, that the claims of Martin Brothers, Inc. and Hillview Associates <Blackhawk Development Corporation) 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 REJECTION OF CLAIM FOR INDEMNITY FROM STEPHEN AND DIANE WISE RE: DE JARNETTE LANDSLIDE, MORAGA - 2. It was moved by Member Clausen and seconded by Member Dalton, that the claim of Stephen and Diane Wise be rejected as insufficient and that the Administrative Operations Manager be directed to inform the attorney for the Wises accordingly. Motion unanimously approved on the following roll call vote: AYES: NOES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele Members: None ABSENT: Members: None XI. PERSONNEL 1. ADOPT RESOLUTION APPOINTI~G PAUL MORSEN, DEPUTY GENERAL MANAGER, AS THE BOARD'S DESIGNATED REPRESENTATIV.E IN MEET AND CONFER MATTERS It was moved by Member Carlson and seconded by Member Clausen, that Paul Morsen, Deputy General Manager, be appointed as the District's designated representative in Meet and Confer matters (Resolution No. 85-075). Motion unanimously approved on the following roll call vote: AYES: NOES: Members: Carlson, Dalton, Schmidt, Clausen, Boneysteele Members: None ABSENT: Members: None XII. ITEMS LATE FOR THE AGENDA APPROVE AGREEMENT RELATING TO REAL PROPERTY WITH LESTER L. CROSBIE, ET UX, JOB 2947, SUBDIVISION 4983, LOT 4 IN THE LAFAYETTE AREA' 1. This item was taken out of order earlier in the agenda. XIII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan, General Manager-Chief Engineer. presented a status report on solid waste matters. Following discussion, it was the consensus of the Board that if an area is recognized as being subject to substantial growth, an estimate of the growth will be made at the time the rate increase application is considered. 0 8 ~ :,:0 Ii:' - a 5~ . 232 " It was moved by Member Carlson and seconded by Member Dalton, that staff inform the franchisees that the District will require an annual computation of the operating ratio by March 1 for the preceding calendar year. There being no objections, the motion was unanimously approved. b. Mr. Dolan reported that Mr. Boyd Olney, of Pleasant Hill-Bayshore Disposal Service, has requested that the District consider relinquishing franchise control of garbage collection in the Pacheco area to the city of Pleasant Hill. Following discussion, it was determined that annexation of the Pacheco area to the city of Pl easant Hill must take place before the city of Pleasant Hill could have jurisdiction. c. The findings of the Etch-Tek, Inc. administrative hearing were presented. d. Mr. Charles Batts, Plant Operations Department Manager, will serve as Acting General Manager during Mr. Dolan's absence during the week of August 12,1985. e. Mr. Dolan advised that the Five Year Capital Improvement Plan has been updated in accordance with the Board's instructions on July 11, 1985. f. Mr. Bhupinder Dhaliwal has been elected to serve as Chairman of the BADA Laboratory Committee. Mr. Dol an has been el ected to serve as Chairman of BADA and as a representative on the Aquatic Habitat Institute. 2. COUNSEL FOR THE DISTRICT a. Mr. Hazard reported that Valley Disposal Service has announced its intention to recapitalize. b. Mr. Hazard advised that he will be on vacation the last two weeks of August and requested that Mr. Kenton Alm be designated to act as Counsel for the District during his absence. The Board concurred. 3. SECRETARY OF THE DISTRICT a. A report highlighting Goals and Objectives by Department for the period April 1984 through April 1985 was distributed. 4. BOARD ME~ERS a. Member Carlson commended staff, particularly Mr. James Kelly and Ms. Joye Kurasaki, for their efforts in developing the revised schedule of rates and charges and for the excellent job they did in responding to public comments. b. Member Carlson stated that the CASA Directors' Meeting will be on Wednesday, August 14, at 1:00. A program on co-generation and water reclamation policy will be presented. XIV. MATTERS FROM lHE BOARD NOT ON THE AGENDA Member Dalton stated that a question of ownership of a piece of property (Macken easement) had been brought to his attention. Member Dalton requested that staff look into this matter. Mr. Dolan indicated that staff would follow up. XV. CLOSED SESSION 1. LABOR RELATIONS With respect to labor relations, the closed session was held pursuant to Government Code Section 54957.6. 2. EXISTING LITIGATION With respect to existing 1 itigation, the closed session was held pursuant to Government Code Section 54956.9(a). The titles of the ,litigation discussed were: 08 ;"01' 85 233 a. Wootten (SAFECO) v. CCCSD Contra Costa County Superior Court No. 271338 b. CCCSD v. D. W. Young v. CCCSD Contra Costa County Superior Court No. 247905 and 244889 INITIATION OF LITIGATION 3. With respect to initiation of litigation, the closed session was held pursuant to Government Code Section 54956.9(c), on the advice of Counsel based on existing facts and circumstances, the Board of Directors of the Central Contra Costa Sanitary District has decided to initiate or is deciding whether to initiate litigation. The title of the litigation is not being identified because to do so would jeopardize the ability of the District to effectuate service of process or to advantageously conclude existing settlement negotiations. At 10:55 p.m., President Boneysteele declared the closed session to discuss labor relations pursuant to Government Code Section 54957.6 and litigation pursuant to Government Code Sections 54956.9(a) and (c). At 11:38 p.m., President Boneysteele concluded the closed session and reconvened the meeting into open session. XVI. ACTIONS RESULTING FROM DISCUSSION IN CLOSED SESSION It was moved by Member Carlson and seconded by Member Clausen, that the Board's designated representatives in matters of Meet and Confer were authorized to obtain an arbitrator to resolve a grievance filed by the . Management Support/Confidential Group. Motion unanimously approved on the following roll call vote: AYES: Members: Carl son, Da 1 ton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None It was moved by Member Clausen and seconded by Member Carlson, that the proposed settlement for the D. W. Young Construction litigation be approved and that an increase of $37,500 to the Dechlorination Facility Project be authorized from Sewer Construction Funds to provide funding for the settlement. Motion unanimously approved on the following roll call vote: AYES: Members: Carl son, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None It was moved by Member Clausen and seconded by Member Carlson, that the General Manager-Chief Engineer be authorized to execute a release on behalf of the District approving the proposed settlement with IT Corporation and accept $68,327 to accomplish that settlement. The terms of the release are limited to damage discovered during the District's Outfall Inspection Project No. 20023. Motion unanimously approved on the following roll call vote: AYES: Members: Carl son, Dalton, Schmidt, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 08 , ()' ì~' ,. 85 234 XVIII. ADJOURNMENT There being no further business to come before the Board, President Boneysteele adjourned the meeting at the hour of 11:40 p.m. to reconvene on August 22,1985, at the hour of 7:30 p.m. COUNTERSIGNED: 08 01 85;