HomeMy WebLinkAboutBOARD MINUTES 04-03-86
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MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE CENTRAL CONTRA
COSTA SANITARY DISTRICT HELD ON APRIL 3,1986
The District 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 April 3,1986.
President Carlson called the meeting to order and requested that
the Secretary call roll.
I.
ROLL CALL
PRESENT:
ABSENT:
Members:
Boneysteele, Dalton, McNulty, Clausen, Carlson
Members:
None
II.
PUBLIC COMMENTS
None
III.
APPROVAL OF MINUTES
1.
APPROVE MINUTES OF MARCH 20,1986
It was moved by Member Clausen and seconded by Member McNulty, that
the minutes of March 20, 1986, be approved with the following amendment:
The last sentence of Item g. under the General Manager-Ghief
Engineer's Report was changed to read: "The physical system did not
function as well as the employees did."
There being no objection, the motion was unanimously approved.
IV.
EXPENDITURES
1.
EXPENDITURE LIST DATED APRIL 3,1986
Member Dal ton, member of the Budget and Fi nance Committee, stated
that he and Member Clausen 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 April 3, 1986, including Running Expense
Warrant Nos. 24983-25237, Sewer Construction Warrant Nos. 3543-3576, and
Payroll Warrant Nos. 6502-6723, be approved as presented. There being no
objection, the motion was unanimously approved.
V.
HEARINGS
CONDUCT A PUBLIC HEARING TO CONSIDER REVISIONS TO TITLE 8 OF THE
DISTRICT CODE RELATED TO GARBAGE COLLECTION
1.
President Carlson indicated that the purpose of the hearing is to
receivepubl ic comment on the proposed revisions to Title 8 of the
District Code related to garbage collection.
Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that the
position paper describes the proposed amendments to Title 8 of the
District Code drafted to achieve consistency with the terms of the
renegotiated refuse collection franchise agreement. These proposed
amendments have been provided to the refuse collection franchisees and
they have had an opportunity to review them. There has been no
indication that they would appear to comment on this.
Presi dent Carl son decl ared the publ ic heari ng open at the hour of
7:35 p.m. There being no appearances either in favor of or in opposition
to the proposed amendments, President Carlson declared the public hearing
closed and returned the matter to the Board for deliberation.
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Member Boneysteele questioned the prohibition against burning of
items such as newspapers set forth in the first paragraph on page five of
the proposed Title 8. Following discussion, it was determined that staff
would make note of this section for inclusion with future items that may
come up for reconsideration.
The origin of the permit number referenced in paragraph B on page
five was discussed. The ambiguity was noted but it was determined that
no change would be made at this time.
Following discussion, it was the consensus of the Board that the
word "as" should be inserted in the second sentence of Section 8.12.080
on page 12. That sentence shoul d read as follows: "The Contractor may
be required to provide such financial records as are set forth in this
Title and in the exclusive franchise contract."
It was moved by Member Boneysteel e and seconded by Member Cl ausen,
that the proposed revisions to Title 8 of the District Code be adopted
with the minor modification noted above (Ordinance No. 157>. Motion
approved on the following roll call vote:
AYES: Members: Boneysteele, Dal ton, McNulty, Clausen, Carlson
NOES: Members: None
AB SENT: Members: None
2.
CONSIDER THE APÆAL OF JAMES A. REINER FROM THE PROPOSED ACTION
AGAINST THE SECURITY BOND FOR SUBDIVISION 6359
Mr. Dolan, General Manager-Chief Engineer, reported that Mr. John
Mil gate, attorney for Mr. Reiner, has requested that this matter be
conti nued to facilitate settl ement di scussi ons. Thi s item has been
calendared on the closed session agenda if the Board should have any
questi ons.
Member Clausen requested that action be deferred on this item
pending discussion in closed session.
VI.
BIDS AND AW ARDS
1.
AUTHORIZE AWARD OF CONSTRUCTION CONTRACT FOR SAN RA~N CREEK BYPASS
CHANNEL SEWER RELOCATIONS, AND AUTHORIZE $329,609 FROM THE SEWER
CONSTRUCTION FUND FOR DISTRICT PROJECT NO. 4046
It was moved by Member Boneysteele and seconded by Member McNulty,
that award of the construction contract for the San Ramon Bypass Channel
Sewer Relocations, District Project No. 4046, be authorized to Mountain
Cascade, Inc. per their bid received March 20,1986, and that $329,609 be
authorized from the Sewer Construction Fund for proj ect compl eti on.
Motion approved on the following roll call vote:
AYES:
Membe rs :
Boneysteele, Dalton, McNulty, Clausen, Carlson
NOES:
Members:
None
ABSENT:
Members:
None
VII.
CONSENT CALENDAR
It was moved by Member Dalton and seconded by Member Clausen, that
the Consent Calendar, consisting of three items, be approved as
recommended, resolutions adopted as appropriate, and recordings duly
authorized.
1.
Resolution No. 86-027 accepting an easement at no cost to the
District from WILLIAM H. MORDY, et ux - Job 2975 ext. Parcel 1,
Orinda area, was adopted and recording authorized.
Motion unanimously approved on the following vote:
AYES:
Members:
Boneysteele, Dalton, McNulty, Clausen, Carlson
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NOES:
Members:
None
ABSENT:
Membe rs: None
2.
Close out of the Barscreen Installation Project (District
Project 20000) and return of $17,021 to the Sewer Construction
Fund was received as an informational item.
Motion unanimously approved on the following vote:
AYES:
Members: Boneysteele, Dalton, McNulty, Clausen, Carlson
NOES:
Membe rs:
None
ABSENT:
Members:
None
3.
$1,200 was authorized from the Equipment Contingency Account
for the purchase of two hand held two-way radios for use by the
Collection System Operations Department.
Motion unanimously approved on the following vote:
AYES:
NOES:
Members:
Boneysteele, Dalton, McNulty, Clausen, Carlson
Membe rs: None
ABSENT:
Members: None
CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
Mr. Dolan, General Manager-Chief Engineer, stated that there are no
items to be brought forward at this time. Item IX., Legal/Litigation,
and Item V., the Reiner hearing, should be taken out of order following
discussion in closed session.
VIII.
ENGINEERING
1.
AUTHORIZE $59,600 FROM THE SEWER CONSTRUCTION FUND FOR PRELIMINARY
DESIGN ACTIVITIES FOR THE SAN RAII«>N VALLEY SEWER IMPROVEMENT PROJECT
<DISTRICT PROJECT 3733)
It was moved by Member Boneysteele and seconded by Member McNulty,
that $59,600 be authorized from the Sewer Construction Fund for
preliminary design activities for the San Ramon Valley Sewer Improvement
Project. Motion unanimously approved on the following roll call vote:
AYES:
NOES:
Members: Boneysteele, Dalton, McNulty, Clausen, Carlson
Members: None
ABSENT: Members: None
2.
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AGREEMENTS
WITH COUNTY FLOOD CONTROL DISTRICT AND JaiN CAROLLO ENGINEERS FOR
CONSTRUCTION AND SERVICES RELATED TO CONSTRUCTION OF THE WALNUT
CREEK DOWNTOWN TRUNK SEWER - PHASE 1, AND AUTHORIZE $3,405,000 FROM
THE SEWER CONSTRUCTION FUND FOR DISTRICT PROJECT NO. 1997
Mr. Dol an introduced Deputy Chief Engi neer Robert A. Baker and
Engineering Division Manager David R. Williams, who presented the
history, cost estimates, and overview of the Walnut Creek Downtown Trunk
Sewer Project which extends from Larwin pumping station to the treatment
plant.
A discussion followed concerning the function and scope of the
Capital Projects Committee. Further discussion of this matter was
calendared for the next Capital Projects Committee meeting.
It was moved by Member Boneysteele and seconded by Member Dalton,
that the General Manager-Chief Engineer be authorized to execute an
agreement with County Flood Control Di strict for construction of the
Walnut Creek Downtown Trunk Sewer, that the General Manager-Chief
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Engineer be authorized to execute a contract with John Carollo Engineers,
and that $3,405,000 be authorized from the Sewer Construction Fund for
District Project No. 1997. Motion unanimously approved on the following
roll call vote:
AYES:
Members:
Boneysteele, Dalton, McNulty, Clausen, Carlson
NOES:
Membe rs:
None
ABSENT:
Members:
None
IX.
LEGAL/LITIGATION
1.
REQUEST TO INCREASE THE AUTHORIZED EXPENDITURE LEVEL
DISTRICT LEGAL SERVICES
FOR THE
This item was deferred pending discussion in closed session.
X.
ÆRSONNEL
1.
AUTHORIZATION TO HIRE SEASONAL EMPLOYEES
Following explanation by Mr. Dolan, General Manager-Chief Engineer,
it was moved by Member McNulty and seconded by Member Boneysteele, that
the hiring of 36 persons for seasonal employment be authorized. Motion
unanimously approved on the following roll call vote:
AYES:
NOES:
Members:
Boneysteele, Dalton, McNulty, Clausen, Carlson
Members:
None
ABSENT:
Members:
None
XI.
ITEMS LATE FOR THE AGENDA
None
1.
XII.
GENERAL MANAGER-CHIEF ENGINEER
REPORTS
a. Mr. Dol an, General Manager-Chief Engi neer, reviewed the
Personnel Commi ttee meeti ng schedul e and the proposed Personnel Budget
requests. The schedule for Board review, approval and adoption of the
Personnel, Equipment, and 0 & M Budgets was distributed.
b. Mr. Dol an advised the Board that a payment in the amount of
$950,000 will be made to the County Redevelopment Agency by May 1,1986,
for a portion of the Southern Pacific right-of-way.
c. The Tri-Valley Wastewater Agency (TWA) has been formed and would
1 ike to meet with this District regarding participation in the TWA or
Livermore Amador Valley Wastewater Management Agency (LAVWMA) Projects.
President Carlson appointed Members Clausen and Carlson to represent the
Board in meetings with TWA. Mr. Dolan indicated that he would keep the
Board informed of developments in this area.
d. Mr. Dol an reported on the Water Pollution Control Federation
Government Affairs Seminar in Washington, D. C. EPA is developing a
technical support document on sludge disposal that is very critical of
multiple hearth furnaces. Staff has contacted the EPA and is working to
have the final language in the technical support document as realistic as
possible.
e. Newspaper articles from the Daily Review concerning the State of
the Bay were distributed for the Board's information.
f. Bhupinder Dhaliwal, John Snyder, and Garth Williams have
publ ished a paper in the Water Pollution Control Federation Operations
Journal on Chlorine Residual Monitoring.
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g. Robert Baker will be going to an AMSA meeting in Chicago from
May 10-14, 1986. The meeting will cover the areas of toxics and sludge
di sposal.
h. Mr. Dol an advised the Board that he has received an invitation
from the Japan Sewage Works Associ ati on to present a paper on the
District's advanced waste treatment. Letters concerning this
presentation have come from several different agencies. Mr. Dolan
indicated that he would provide copies of the letters to the Board and
would discuss it further following their review of the infonmation.
i. The rate adjustment request from Pleasant Hill Bayshore Disposal
was distributed to the Board of Directors.
2.
COUNSEL FOR THE DISTRICT
Mr. James L. Hazard, Counsel for the Di strict, requested that the
Board advise him of any changes in the level of service they may require
for the coming year. This infonmation will be provided to District staff
for use in budget preparation.
3.
SECRETARY OF THE DISTRICT
None
4.
BOARD MEMBERS
a. Member Dalton reported on the April 2 Solid Waste Commission
meeting. A copy of the Dow Chemical EIR for a proposed hazardous waste
incinerator was received at that meeting. Member Dalton provided staff
with the Landfill Project Processing Schedule. Copies will be
distributed to the Board of Directors.
b. President Carlson reported on the Capital Projects Committee
meeting held April 1, 1986, at which the Draft Capital Improvements Plan
was discussed. Mr. Baker presented an overview of the Draft Capital
Improvements Plan for the Board.
XIII.
MATTERS FROM THE BOARD NOT ON THE AGENDA
In response to an invitation from the Contra Costa County Board of
Supervisors, President Carlson appointed Member Boneysteele to serve on
the County General Plan Review Advisory Committee. Staff was requested
to advise the County of the appointment.
XIV.
CLOSED SESSION
1.
EXISTING LITIGATION
The closed session was held to discuss existing litigation pursuant
to Government Code Section 54956.9(a). The titles of the 1 itigation
discussed were:
a.
CCCSD v. CCWD (Alum Sludge)
Contra Costa County Superior Court No. 253195
CCWD v. CCCSD (Water Reclamation)
Contra Costa County Superior Court No. 258786
b.
c.
Edmonston v. CCCSD
Contra Costa County Superior Court No. 240998
d.
Great American Homes v. CCCSD
Contra Costa County Superior Court No. 209105
e.
Williamson v. CCCSD
Contra Costa County Superior Court No. 219793
f.
Peterson-Simpson v. CCCSD
Contra Costa County Superior Court No. 190885
CCCSD v. Lewis
Contra Costa County Superior Court No. 239772
g.
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h. Taggart v. CCCSD
Contra Costa County Superior Court No. 243918
i. CCWD v. CCCSD (Water Service District)
Contra Costa County Superior Court No. 238047
j. Ullery & Warwick v. CCCSD
Contra Costa County Superior Court No. 255138
k. Gilmore, McGeehon, Hoyt, et al v. CCCSD
Contra Costa County Superior Court No. 242697
1. DeJarnette v. CCCSD
Contra Costa County Superior Court No. 187405
m. Mellon Bank v. Shelter Development v. CCCSD
Contra Costa County Superior Court No. 252419
n. CCCSD v. National Union
Contra Costa County Superior Court No. 255498
o. Vered v. CCCSD
Contra Costa County Superior Court No. 272402
p. ENGEO, Inc. v. CCCSD
Contra Costa County Superior Court No. 251036
q. EBt4JD v. CCCSD
Contra Costa County Superior Court No. 279552
2. SIGNIFICANT EXPOSURE TO LITIGATION
Pursuant to Government Code Section 54956.9(b), a point has been
reached where in the opinion of the Board of Directors of the Central
Contra Costa Sanitary Di strict on the advice of its Counsel, based on
existing facts and circumstances, there is a significant exposure to
litigation against the District. The titles of the litigation are not
being identified because to do so would jeopardize the Board's ability to
conclude existing settlement negotiations to its advantage.
3.
INITIATION OF LITIGATION
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 titles of the litigation
are not being disclosed because to do so would jeopardize the ability of
the District to effectuate service of process or to advantageously
conclude existing settlement negotiations.
At 9:55 p.m., President Carlson declared the closed session to
discuss litigation pursuant to Government Code Sections 54956.9(a), (b),
and (c). At 11:13 p.m., President Carlson concluded the closed session
and reconvened the meeting into open session.
xv.
ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION
At this time, Item IX., Legal/Litigation, was considered.
IX.
LEGAL/LITIGATION
1.
REQUEST TO INCREASE THE AUTHORIZED EXPENDITURE LEVEL
DISTRICT LEGAL SERVICES
FOR THE
It was moved by Member Dalton and seconded by Member Clausen, that
an increase to the expenditure level for legal services for O&M and
Project-related cases in the amount of $90,280 be authorized. Motion
unanimously approved on the following roll call vote:
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AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson
NOES: Members: None
ABSENT: Members: None
V.
HEARINGS
CONSIDER lHE APÆAL OF JAMES A. REINER FROM THE PROPOSED ACTION
AGAINST lHE SECURITY BOND FOR SUBDIVISION 6359
2.
Presi dent Carl son stated the consensus of the Board, that at the
request of Mr. John Mil gate, attorney for Mr. Reiner, this matter is
continued to April 17,1986, to facilitate settlement discussions.
XVI.
ADJOURNMENT
There being no further business to come before the Board, President
Carlson adjourned the meeting at the hour of 11:16 p.m.
~~~-
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
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