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HomeMy WebLinkAboutBOARD MINUTES 12-05-85 44 1.2 ., MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON DECEMBER 5,1985 The Di strict Board of the Central Contra Costa Sanitary Di strict convened in a regular meeting at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 7:30 p.m. on December 5, 1985. President Boneysteele called the meeting to order and requested that the Secretary call roll. I. ROLL CALL PRESENT: Carlson, Dalton, Clausen, Boneysteele Members: ABSENT: Members: None 1. OATH OF OFFICE ADMINISTERED TO NEWLY ELECTED MEMBERS OF THE BOARD OF DIRECTORS President Boneysteele advised that Susan McNulty has requested to be excused due to a severe illness in her family. The Oath of Office will be administered at the next Board meeting. Member Clausen has executed the Certificate of Election and will receive the Oath of Office at the next Board meeting. 2. ELECTION OF DISTRICT BOARD PRESIDENT AND PRESIDENT PRO TEM It was moved by Member Carlson and seconded by Member Clausen, that the current President and President Pro Tem continue in office for an additional month and that the election of officers be changed to the first Board meeting in January. There being no objection, the motion was unanimously approved. II. PUBLIC COMMENTS President Boneysteele stated that any member of the audience wishing to comment on any item before the Board may now speak. Comments should be limited to three minutes. Ms. Helen Bolling of Orinda addressed the Board concerning the draft renegotiated refuse collection franchise agreement. Ms. Bolling stated that this District has the highest rates in the Bay Area. Ms. Bolling requested that the Board consider putting the franchise out to bid. Ms. Kathleen Nimr, Solid Waste Chair for the Diablo League of Women Voters, commended the Board for their work in the area of refuse collection rate setting. Ms. Nimr requested that incentives for reduction of the waste stream be included in the franchise agreement. Ms. Nimr recommended that recycling be included in the total solid waste system; that the garbage bills provide a means for public information at the time of rate increases or changes in service; and that the franchise agreement encourage fair pricing and comparable rates to other areas. Mr. David Deutscher addressed the Board concerning his request for condemnation of public sewer easement in the Pleasant Hill area. Mr. Deutscher reported that his negotiations with adjacent property owners Patterson and Barnham were unsuccessful. Mr. Deutscher requested that the Board refer this matter to the city of Pleasant Hill for condemnation. Mr. Irvin Deutscher stated that his negotiations with Mr. and Mrs. Stokes were unsuccessful. Mr. Dick Reed, from the engineering firm of Schell & Martin, stated that the sewer crossing alternative had been previously designed and approved. Mr. Reed stated that he has reviewed the design and feels that he has answered all District staff's questions. 05 85 45 Mr. Jeff Stokes, 319 Strand Avenue, stated he has secured legal assistance. Mr. Stokes stated that he absolutely will not allow the sewer crossing on his property. Mr. Stokes stated further that there is no right to condemn when there is a feasible alternative. Member Dalton asked if Mr. Stokes would object if the proposed subdivision grade were raised enough to alleviate the need for a deep cut in Linda Lane. Mr. Stokes stated that he would object. Mrs. Karen Stokes stated her opposition to the creek crossing alternative. Member Dalton asked Mrs. Stokes if she would have serious objection to raising the subdivision grade. Mrs. Stokes stated that if raising the subdivision grade would injure the trees, the creek, or her property, she would object. Mr. Bill Patterson, 317 Strand Avenue, stated that he woul d be opposed to raising the subdivision grade. Mr. Patterson suggested that the possibility of placing the pipe at the bottom of the creek be investigated. There being no further public comments, proceeded to the next item on the agenda President Boneysteele III. APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF NOVEMBER 7, 1985 It was moved by Member Carlson and seconded by Member Dalton, that the minutes of November 7, 1985, be approved as presented. There being no objection, the motion was unanimously approved. IV. EXPENDITURES 1. EXPENDITURE LIST DATED DECEMBER 5,1985 Member Dalton, member of the Budget and Finance Committee, stated he and Member Cl ausen have reviewed the expenditures and found them to be satisfactory. It was moved by Member Dalton and seconded by Member Clausen, that the Expenditure List dated December 5, 1985, including Running Expense Warrant Nos. 22891-23160, Sewer Construction Warrant Nos. 3315-3345, and Payroll Warrant Nos. 5155-5829, be approved as presented. There being no objection, the motion was unanimously approved. v. BIDS AND AW ARDS 1. AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT FOR THE PLANNING DIVISION OFFICE SPACE IMPROVEMENTS AND AUTHORIZE $26,388 FROM SEWER CONSTRUCTION FUND FOR DISTRICT PROJECT NO. 20033 Following explanation by Mr. Roger J. Dolan, General Manager-Chief Engineer, it was moved by Member Carlson and seconded by Member Dalton, that award of the construction contract for the Planning Division Office Space Improvements be authorized to John Derespini Construction, the lowest responsible bidder, and that $26,388 in Sewer Construction Funds be authorized for the construction contract, force account, and contingencies. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 1 2 0 5 8 5 ,..~ ii .". / j . ~ ,, " ( ! .r \ $ " , ~. ...,' ~ 46 12 VI. CONSENT CALENDAR It was moved by Member Clausen and seconded by Member Dalton, that the Consent Calendar, consisting of nine items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resolution No. 85-141 accepting an easement at no cost to the District from L. O. ROSE, et ux, Martinez area (Job 2723 - Parcel 2) was adopted. Motion unanimously approved on the following roll call vote: AYES: Carlson, Dalton, Clausen, Boneysteele Members: NOES: Members: None ABSENT: None Members: 2. Resolution No. 85-142 accepting an easement at no cost to the District from G. W. WHITNEY, et ux, Pleasant Hill area (Job 4117 - Parcel 3) was adopted. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 3. Resolution No. 85-143 accepting an easement at no cost to the District from DAVIDON HOMES, Pleasant Hill area (Job 4070 - ParcelS) was adopted. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 4. Resolution No. 85-144 accepting an easement at no cost to the Di strict from COLLINS DEVELOPMENT COMPANY, Danvill e area (Job 4131 - Parcel 2) was adopted. Motion unanimously approved on the foll ow i ng roll call vote: AYES: Members: Carlson, Dalton, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 5. Quitclaim sewer easement, Job 4070, Subdivision 6541, Woodside Hills - Pleasant Hill was approved and execution and recordings were authorized (Resolution No. 85-145). Motion unanimously approved on the follow i ng roll call vote: AYES: Members: Carl son, Dalton, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 6. Agreement relating to real property with Jack C. Gregory, Job 3937 was approved and execution and recording authorized (Resolution No. 85-146). Motioa unanimously approved on the following roll call vote: i 05 85 47 AYES: Members: Carlson, Dalton, Clausen, Boneysteele NOES: ABSENT: Members: None Members: None 7. The contract work for Project 3615, Holding Basin "C" Renovation, was accepted and the filing of the Notice of Completion was authorized. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Clausen, Boneysteele NOES: Members: None ABSENT: Membe rs: None 8. The contract work for construction of the Lancaster Road, Walnut Creek, Parallel Trunk Sewer Project was accepted and the fil ing of the Notice of Completion was authorized (District Proj ect 4082). Motion unanimously approved on the following roll call vote: AYES: Members: Carl son, Dalton, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 9. December 19, 1985, was establ ished as the date for a public hearing to consider amending the list of designated positions required to file annual disclosure statements pursuant to the District's Conflict of Interest Code. Motion unanimously approved on the follow i ng roll call vote: AYES: Members: Carl son, Dalton, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item No. VIII. Engineering, 1, and Item No. X. Solid Waste, 1, were taken out of order to accommodate interested persons in the audience. VIII. ENGINEERING CONSIDER THE REQUEST OF MR. DAVID DEUTSCHER FOR THE CONDEMNATION OF A PUBLIC SEWER EASEMENT IN THE PLEASANT HILL AREA (JOB 4048) 1. Mr. Robert A. Baker, Deputy Chief Engineer, reported that staff has been in communication with Mr. Deutscher and his engineer regarding the creek crossing. In 1984 staff first reviewed the design for the creek crossi ng. Duri ng the 1 ast Board meeti ng, the Board and staff heard testimony from homeowners that at some times the creek runs full. Mr. Baker stated that if the creek runs full, the technical feasi bil ity of the creek crossing would be in doubt. The Engineering Department will review the technical feasi bil ity of the creek crossi ng alternative and report back to the Board. Fol lowing discussion by Board and staff, it was moved by Member Carlson and seconded by Member Dalton, that consideration of this matter be continued to January 9, 1986, an adjourned regular meeting. There being no objection, the motion was unanimously approved. President Boneysteele declared a recess at the hour of 8:45 p.m., reconvening at the hour of 8:55 p.m., with all parties present as designated heretofore. 1'2 05 8'5 ~ ,,', -" " ' .. '. '~.-, \, '!' .J ,~t, 'f. ,. /, ~ 48 X. SOLID WASTE RECEIVE REVISED DRAFT OF RENEGOTIATED REFUSE COLLECTION FRANCHISE AGREEMENT 1. Mr. Dolan, General Manager-Chief Engineer, stated that this item was discussed at the last Board meeting. At that time direction was provided to staff. Those revisions suggested by the Board have all been made. Deputy General Manager Paul Morsen and District Counsel James L. Hazard highlighted the revisions made to the draft renegotiated franchise agreement. The Board received and considered the revised draft of the renegotiated refuse collection franchise agreement and provided further comment and guidance to staff. President Boneysteele then reverted to the order of the agenda. VII. ADMINISTRATIVE 1. ADOPT RESOLUTION ESTABLISHING 1985-1986 APPROPRIATIONS LIMIT IN ACCORDANCE WITH ARTICLE XIII B OF THE CALIFORNIA CONSTITUTION (PROPOSITION 4) It was moved by Member Dalton and seconded by Member Carlson, that Resolution No. 85-147 establishing the Sewer Construction Fund appropriations limit in the amount of $8,416,165 for the 1985-1986 fiscal year be adopted in accordance with Article XIII B of the Cal ifornia Constitution (Proposition 4). Motion unanimously approved on the following roll call vote: AYES: Members: Carl son, Dalton, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None AUTHORIZE THE EXECUTION OF A CONSULTANT AGREEMENT FOR A RISK MANAGEMENT STUDY AT A COST OF $15,000 2. Mr. Dol an, General Manager-Chief Engi neer, outl ined the scope of items to be included in the proposed risk management study. Member Carl son reported that at the 1 ast CAS A meeti ng there was a program on 1 i abil ity i nsurance coverage as it rel ated to di rectors and officers. The cost of insurance is generally less during the first quarter of the calendar year. It may be appropriate for the District to place our insurance with another broker after the first of the year. A discussion fol lowed concerning the current insurance market and the difficulty some agencies have had in obtaining public liability insurance. It was moved by Member Clausen and seconded by Member Carlson, that the execution of a consultant agreement with Mr. David Warren to perform a District Risk Management Study at a cost of $15,000 be authorized. Motion unanimously approved on the following roll call vote: AYES: NOES: Members: Carlson, Dalton, Clausen, Boneysteele Members: None ABSENT: Members: None VIII. ENGINEERING CONSIDER THE REQUEST OF MR. DAVID DEUTSCHER FOR THE CONDEMNATION OF A PUBLIC SEWER EASEMENT IN THE PLEASANT HILL AREA (JOB 4048) 1. This item was considered out of order earlier in the agenda. 2. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE A CONTRACT WITH JOHN CAROLLO ENGINEERS AND AUTHORIZE $92,300 FROM THE SEWER CONSTRUCTION FUND FOR THE DESIGN OF WALNUT CREEK DOWNTOWN PARALLEL PROJ ECT (DP 1997) 1'-2".'\ 0::5; 8 :5 49 It was moved by Member Carlson and seconded by Member Dalton, that the General Manager-Chief Engi neer be authorized to execute a contract for professional engineering services with John Carollo Engineers, and that $92,300 be authorized from the Sewer Construction Fund for design of District Project No. 1997, the Walnut Creek Downtown Parallel Project. Motion unanimously approved on the following roll call vote: AYES: Members: Carl son, Dalton, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None 3. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AGREEMENTS WITH ENVIRONMENTAL SCIENCE ASSOCIATES AND URBAN ALTERNATIVES FOR ENVIRONMENTAL AND PUBLIC PARTICIPATION SERVICES FOR THE SAN RAMON VALLEY SEWER IMPROVEMENT PROJECT Following explanation by Mr. Dolan, General Manager-Chief Engineer, the public participation program was discussed. It was moved by Member Dalton and seconded by Member Carlson, that the General Manager-Chief Engineer be authorized to execute the agreements with Envi ronmental Sci ence Associ ates and Urban Al ternati ves for EIR preparation and public participation services for the San Ramon Valley Sewer Improvement Project with the understanding that the scope of the publ ic partici pati on program will be presented to the Board at the earliest opportunity. There being no objection, the motion was unanimously approved. AUTHORIZE $126,000 FROM THE SEWER CONSTRUCTION FUND FOR DISTRICT WATERSHED PLANNING 4. It was moved by Member Dalton and seconded by Member Clausen, that $126,000 in sewer construction funds be authorized for work required to continue the watershed planning effort and to comply with the California Environmental Quality Act. Motion unanimously approved on the following roll call vote: AYES: Membe rs: Carl son, Dalton, Clausen, Boneysteele NOES: Membe rs: None ABSENT: Members: None 5. EXECUTE AGREEMENTS WITH CONTRA COSTA COUNTY AND THE CONTRA COSTA COUNTY REDEVELOPMENT AGENCY AND GRANT OF EASEMENT FOR THE PURCHASE OF PROPERTY RIGHTS IN THE ABANDONED SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY AND AUTHORIZE $5.4 MILLION FROM THE SEWER CONSTRUCTION FUND, DISTRICT PROJECT 3733 Following explanation by General Manager-Chief Engineer Roger Dolan and Deputy Chief Engineer Robert Baker, it was moved by Member Carlson and seconded by Member Dalton, that the execution of the agreements including the grant of easement with Contra Costa County and the Contra Costa County Redevelopment Agency for purchase of property rights in the abandoned Southern Paci fic Rail road Right-of-Way be approved and $5.4 million be authorized from the Sewer Construction Fund (District Project 3733) and that Resolution No. 85-140 be adopted to that effect. Motion unanimously approved on the following roll call vote: AYES: Members: Carl son, Dalton, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None On behal f of the Board, Presi dent Boneysteel e commended all staff that worked to complete this landmark acquisition for the District, particularly Jay McCoy, Ken Laverty, Curt Swanson, Jim Kelly, Bob Baker, Kent Alm, and Jim Hazard. 12..,05 " ';¡.\- , .', " , 85 " 50 6. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH AIRPLOT AND AUTHORIZE $80,000 FROM THE SEWER CONSTRUCTION FUND FOR AN AERIAL SURVEY OF THE SOUTHERN PACIFIC RIGHT-OF-WAY It was moved by Member Dalton and seconded by Member Clausen, that the General Manager-Chief Engineer be authorized to execute an agreement with Airplot and that $80,000 be authorized from the Sewer Construction Fund for an aerial survey of the Southern Pacific Right-of-Way. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None IX. COLLECTION SYSTEM AUTHORIZE $11,300 FROM SEWER CONSTRUCTION FUND FOR THE REPLACEÞ£NT OF APPROXIMATELY 260 FEET OF PIPELINE ON FOYE DRIVE IN LAFAYETTE 1. Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Dal ton and seconded by Member Cl ausen, that $11,300 be authorized from the Sewer Construction Fund for the replacement of approximately 260 feet of pipeline on Foye Drive in Lafayette. There being no objection, the motion was unanimously approved. X. SOLID WASTE 1. RECEIVE REVISED DRAFT OF RENEGOTIATED REFUSE COLLECTION FRANCHISE AGREEMENT This item was considered out of order earlier in the agenda. XI. ITEMS LATE FOR THE AGENDA None. XII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan invited the board members to attend the District Christmas party at 7:00 p.m. on December 14,1985. 2. COUNSEL FOR THE DISTRICT a. Mr. Hazard, Counsel for the District, distributed draft copies of the proposed changes in the refuse collection ordinance for the Board's review prior to a public hearing on the subject. b. During the last meeting in closed session, the Board discussed existing litigation titled Mellon Bank v. Shelter Development v. Central Contra Costa Sanitary District, Contra Costa County Superior Court No. 252419. At that time staff was authorized to enter into negotiations to determine whether or not it would be in the best interest of the District to purchase the property in question located at 3881 Los Arabis Drive, Lafayette. Mr. David Will iams, Engineering Division Manager, has been successful in those negotiations and staff would recommend purchase of the property. It was moved by Member Carlson and seconded by Member Clausen, that $117,000 be authorized for purchase of the property located at 3881 Los Arabis Drive, Lafayette (Resolution No. 85-149). Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None :~ " f"": ,, ~: . . 12 : "05 '~385 : 51 3. SECRETARY OF THE DISTRICT a. It was moved by Member Clausen and seconded by Member Carlson, that the January 2, 1986, District Board meeting be rescheduled for January 9, 1986. There being no objection, the motion was unanimously approved. b. Ms. Joyce McMillan, Secretary of the District, provided a status report of discussions with the city of Orinda regarding the Lake Orinda Highlands public hearing policy. 4. BOARD MEMBERS a. It was moved by Member Clausen and seconded by Member Carlson, that Resol ution No. 85-148 urgi ng support of the "Fai r Responsibil ity Act of 1986" relating to limitation of liability for public agencies be adopted and forwarded to the District's legislators. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, Dalton, Clausen, Boneysteele NOES: Members: None ABSENT: Members: None b. Member Carl son reported on the CASA Di rectors' meeti ng, advising that the program was well received by Directors. c. Member Dalton reported on the December 4, 1985, Sol id Waste Commission meeting. d. It was moved by Member Dalton and seconded by Member Carlson, that the Board, District Counsel, and designated staff members be authorized to attend the January 23-25, 1986, CASA meeting. There being no objection, the motion was unanimously approved. e. President Boneysteele reported on the Moraga Town Council meeti ng at which refuse collection franchi si ng was di scussed. At that meeting the Town Council unanimously decided not to proceed with negotiation of franchise garbage collection operations by the town. XIII. MATTERS FROM THE BOARD NOT ON THE AGENDA None . XIV. CLOSED SESSION None Xv. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None XVI. ADJOURNMENT There being no further business to come before the Board, President Boneysteele adjourned the meeting at the hour of 10:54 p.m. ('JL¿~/C~¿t~ President of the Board of Directors Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: e r ary of the Ce tral Contra sta Sanitary District, County of Contra Costa, State of California 12" 05' 85'