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HomeMy WebLinkAboutBOARD MINUTES 09-18-86 191 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF ìHE CENTRAL CONTRA COSTA SANITAAY DISTRICT HELD ON SEPTEMBER 18, 1986 The District Board of the Central Contra Costa Sanitary District convened in a regul ar sessi on at its regul ar pl ace of meeti ng, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 7:35 p.m. on September 18,1986. President Carlson called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Boneysteele, Dalton, Carlson ABSENT: Members: McNulty, Clausen Members McNulty and Clausen had previously advised the Board that they would be unable to attend this meeting and had requested that they be excused. II. PUBLIC COMMENTS None III. APPROV Pl OF MINUTES 1. MINUTES OF SEPTEMBER 4, 1986 It was moved by Member Dalton and seconded by President Carlson, that the minutes of Septanber 4, 1986, be approved as presented. There being no objection, the motion was approved with Members McNulty and Cl ausen bei ng absent and Member Boneysteel e abstai ni ng for the reason that he was not present at the meeting of September 4,1986. IV. EXPENDI TURES EXPENDITURE LIST DATED SEPTEMBER 18, 1986 1. Member Dal ton, member of the Budget and Fi nance Committee, stated that he and Member Boneysteel e have reviewed the expenditures and found them to be satisfactory. It was moved by Member Dal ton and seconded by Member Boneysteel e, that the Expenditure List dated September 18, 1986, including Self Insurance Warrant Nos. 100014-100016, Running Expense Warrant Nos. 28055-28273, and Sewer Constructi on Warrant Nos. 3937-3970, be approved as presented. There bei ng no obj ecti on, the motion was approved with Members McNulty and Clausen being absent. V. BI DS AND IW/ ARDS 1. ,4UlHORIZE PW AAD OF CONTRJlCT TO BILLINGS PLUMBING, INC. FOR CONSTRUCTION OF DISTRICT PROJECT NO. 4236, ESCOBAR STREET COLLECTION SYSTEM IMPROVEMENTS, AND ,ðJJTHORIZE $61,345 FR()1 THE SEWER CONSTRUCTION FUND It was moved by Member Dal ton and seconded by Member Boneysteel e, that award of a construction contract for the construction of the Escobar Street Col 1 ecti on System Improvements, Di strict Proj ect No. 4326, be authorized to Bill i ngs Pl umbi ng, Inc. as the lONest responsi bl e bi dder; and that $61,345 be authorized from the Sewer Construction Fund. Motion approved on the following roll call vote: AYES: NOES: Members: Boneysteele, Dalton Members: None ASSENT: Members: McNu 1 ty, Cl ausen ASSTAIN: Members: Carl son 09 18 86 192 It was noted for the record that President Carlson abstained because of a direct business association with Billings Plumbing, Inc. VI. CONSENT CALENDAR It was moved by Member Boneysteel e and seconded by Member Dalton, that the Consent Calendar, consisting of twenty-five items, be approved as recommended, resol uti ons adopted as appropri ate, and recordi ngs dul y authorized. 1. Resolution No. 86-097 accepting an easement at no cost to the District from SILVERWOOD DEVELOPMENT COMPANY, Walnut Creek area (Job 4238 - Parcell) was adopted and recording authorized. Motion approved on the following vote: AYES: Members: Boneysteel e, Dal ton, Carl son NOES: Members: None ASSENT: Members: McNulty, Clausen 2. Resolution No. 86-098 accepting an easement at no cost to the District from H. F. BERGSTROM, et ux, Martinez area (Job 1805 - Parcel 9) was adopted and recording authorized. Motion approved on the foll ON ing vote: AYES: Members: Boneysteel e, Dal ton, Carl son NOES: Members: None JlBSENT: Members: McNul ty, Clausen 3. Resolution No. 86-099 accepting an easement at no cost to the District from WILLIAM T. PEDRAS, Martinez area (Job 1811 - Parcel 23) was adopted and recording authorized. Moti on approved on the following vote: AYES: Members: Boneysteel e, Dal ton, Carl son NOES: Members: None JIB SENT: Members: McNu 1 ty, Cl ausen 4. Resolution No. 86-100 accepting an easement at no cost to the District from A. LEARDINI, Martinez area (Job 1811 - Parcel 25) was adopted and recording authorized. Motion approved on the foll ONing vote: AYES: Members: Boneysteel e, Dal ton, Carl son NOES: Members: None ASSENT: Members: McNulty, Clausen 5. Resolution No. 86-101 accepting an easement at no cost to the District from ELINOR JIlJETS, Martinez area (Job 1811 - Parcel 53) was adopted and recording authorized. Moti on approved on the foll ONing vote: AYES: Members: Boney steel e, Dal ton, Carl son NOES: Members: None ASSENT: Members: McNul ty, Cl ausen 6. Resolution No. 86-102 accepting an easement at no cost to the District from J. A. ROOBENHOlT, et ux, Martinez area (Job 1811 - Parcel 55) was adopted and recording authorized. O,B~..*".. IS.' 86' ~ ';:J'~ ::. " . , . ,,; 193 Motion approved on the foll Oil ing vote: AYES: Members: Boneysteel e, Dalton, Ca rl son NOES: Members: None JlBSENT: Members: McNu 1 ty, Clausen 7. Resolution No. 86-103 accepting an easement at no cost to the District from CHRISTINE TSANG, Martinez area (Job 1811 - Parcel 57) was adopted and recording authorized. Motion approved on the follOiling vote: AYES: Members: Boneysteel e, Dal ton, Ca rl son NOES: Members: None ,LIBSENT: Members: McNul ty, Clausen 8. Resolution No. 86-104 accepting an easement at no cost to the District from MARY F. SIGNORINI, Martinez area (Job 1811 - Parcel 62) was adopted and recording authorized. Moti on approved on the foll Oil ing vote: AYES: Members: Boneysteel e, Dal ton, Carl son NOES: Members: None JlBSENT: Members: McNul ty, Clausen 9. Resolution No. 86-105 accepting an easement at no cost to the District from T. A. BARCELONA, et ux, Martinez area (Job 1814- Parcel 141) was adopted and recording authorized. Moti on approved on the foll Oiling vote: AYES: Members: Boneysteel e, Dal ton, Carl son NOES: Members: None JlBSENT: Members: McNulty, Cl ausen 10. Resolution No. 86-106 accepting an easement at no cost to the District from O. T. BISHOP, et ux, Martinez area (Job 1814 - Parcel 146) was adopted and recording authorized. Motion approved on the following vote: AYES: Members: Boneysteel e, Dal ton, Carl son NOES: Members: None JlBSENT: Members: McNul ty, Clausen 11. Resolution No. 86-107 accepting an easement at no cost to the District from C. R. JONES, et ux, Martinez area (Job 1814 - Parcel 147) was adopted and recording authorized. Moti on approved on the foll Oiling vote: AYES: Members: Boneysteel e, Dalton, Carl son NOES: Members: None PBSENT: Members: McNul ty, Clausen 12. Resolution No. 86-108 accepting an easement at no cost to the District from L. D. GRIFFIN, et ux, Martinez area (Job 1814 - Parcel 148) was adopted and recording authorized. ...,,09 18 86 194 Motion approved on the foll Oil i ng vote: AYES: Members: Boneysteel e, Dalton, Ca rl son NOES: Members: None JlBSENT: Members: McNul ty, Cl ausen 13. Resolution No. 86-109 accepting an ~asement at no cost to the District from EUGENE L. TURNER, et ux, Martinez area (Job 1814 - Parcel 149) was adopted and recording authorized. Motion approved on the follOiling vote: AYES: Members: Boneysteel e, Dal ton, Carl son NOES: Members: None JlBSENT: Members: McNul ty, Clausen 14. Resol uti on No. 86-110 accepti ng an ~asement at no cost to the District from RALPH P. FOSHJltJG, et ux, Martinez area (Job 1829 - Parcel 94) was adopted and recording authorized. Motion approved on the following vote: AYES: Members: Boneysteel e, Dal ton, Ca rl son NOES: Members: None JIB SENT: Members: McNul ty, Clausen 15. Resolution No. 86-111 accepting an easement at no cost to the District from BLACKHAWK CORPORATION, San Ramon area (Job 4211 - Parcel 3) was adopted and recording authorized. Motion approved on the foll Oiling vote: AYES: Members: Boneysteel e, Dal ton, Ca rl son NOES: Members: None JIB SENT: Members: McNulty, Clausen 16. Resolution No. 86-112 accepting an easement at no cost to the Di strict from R. E. PATh10NT, Al amo area (J ob 3542 - ParcelS) was adopted and recording authorized. Moti on approved on the follOiling vote: AYES: Members: Boneysteel e, Dal ton, Carl son NOES: Members: None JlBSENT: Members: McNulty, Cl ausen 17. Resolution No. 86-113 accepting an easement at no cost to the Di strict from R. E. PATh10NT & OSTROSKY ENTERPRISES, Al amo area (Job 3542 - Parcel 8) was adopted and recording authorized. Motion approved on the follOiling vote: AYES: Members: Boneysteel e, Dal ton, Carl son NOES: Members: None PBSENT: Members: McNul ty, Cl ausen 18. Resol uti on No. 86-114 accepti ng an easement at no cost to the District from K. J. PAIGE, et al, Walnut Creek area (Job 4046 - Parcell) was adopted and recording authorized. :'09/ 18.,,86 22. 23. 195 Motion approved on the foll Oiling vote: AYES: Members: Boneysteel e, Dal ton, Carl son NOES: Members: None JlBSENT: Members: McNulty, Clausen 19. Resolution No. 86-115 accepting an easement at no cost to the District from G. R. NIX, et al, Walnut Creek area (Job 4076 - Parcel l(ptn» was adopted and recording authorized. Motion approved on the foll Oil ing vote: AYES: Members: Boneysteel e, Dal ton, Carl son NOES: Members: None ÞBSENT: Members: McNul ty, Clausen 20. Resolution No. 86-116 accepting an easement at no cost to the District from K. F. OWEN, et al, Walnut Creek area, (Job 4076- Parcel l(ptn» was adopted and recording authorized. Moti on approved on the foll Oil ing vote: AYES: Members: Boneysteel e, Dal ton, Carl son NOES: Members: None JlBSENT: Members: McNul ty, Cl ausen 21. Resolution No. 86-117 was adopted, confirming that publication of District Ordinance No. 160 adopting a revised schedule of fees, has been made. Moti on approved on the following vote: AYES: Members: Boneysteel e, Dal ton, Carl son NOES: Members: None ASSENT: Members: McNulty, Clausen The contract work for Replacement of Existing Deficient Sewer Facilities in Martinez and Orinda <District Project No. 4054) was accepted and filing of the Notice of Completion was authorized. Motion approved on the foll Oil ing vote: AYES: Members: Boneysteel e, Dal ton, Carl son NOES: Members: None ASSENT: Members: McNulty, Cl ausen Authorization was given for P.A. 86-23 (Alamo) and P.A. 86-24 (Concord) to be included in a future formal annexation to the District. Motion approved on the following vote: NOES: 24. AYES: Members: Boneysteele, Dalton, Carlson Members: None JlBSENT: Members: McNulty, Clausen Authorization was given for Jarred Miyamoto-Mill s to attend the Water Poll uti on Control Federation Annual Conference in Los Angeles, California, at a cost not to exceed $850. ¡,' ""'O(~,. >, '!', ;:J. 18 :86 196 Motion approved on the follOiling vote: AYES: Members: Boneysteel e, Dal ton, Carl son NOES: Members: None JlBSENT: Members: McNul ty, Clausen 25. The Presi dent of the Board of Di rectors was authorized to execute Fi rst hnendment to Agreement for Coll ecti on, Removal and Di sposal of Garbage, Zone 3, and the Secretary of the Di strict was di rected to attach the executed agreement to Pleasant Hill Bay Shore's Franchise Agreement in the District's offici al fil es. Motion approved on the foll Oiling vote: AYES: Members: Boneysteel e, Dal ton, Ca rl son NOES: Members: None JIB SENT: Members: McNul ty, Cl ausen CALL FOR REQUESTS TO CONSIDER ITEMS CUT OF ORDER Mr. James L. Hazard, Counsel for the District, requested that Item IX. Legal/Litigation, be deferred until after closed session. VII. ENGINEERING 1. RESPONSE TO FRANK HILE LETTER Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Jay S. McCoy, Construction Division Manager. Mr. McCoy summarized the situation and problems identified in Mr. Frank Hile's letter of August 25, 1986. After reviewing the location, Mr. McCoy stated that the sewer near the evidently unstable soil has not been accepted by the District; he said that the District has no responsibil ity for causing the probl em or for fixi ng it; but si nce the Di strict does have a sewer nearby, it woul d be appropriate to notify the other agencies and individuals who may be involved. In addition, it is appropriate to advise the property OiIner and developer, Dr. Chingas, of the concerns for soil instability, and to provide a description of the tasks Dr. Chingas must perform before the currently unaccepted pipe can be accepted. In that regard, draft letters were included in the Board's agenda packet for consideration. President Carlson stated the consensus of the Board that the draft 1 etters to Mr. Frank Hil e, Dr. George Chingas, the Contra Costa Water District, and the Contra Costa County Depar1Jnent of Public Works were appropriate and should be sent. VIII. BUDGET AND FINANCE 1. RECEIVE ,4UGUST 1986 FINANCI AL STATEMENTS Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Steve Elsberry, Accounting Supervisor. Mr. Elsberry summarized the results of operations and mai ntenance for the month of August 1986, noti ng that expenditures were $97,000 less than budget, representing a 6.2 percent favorab 1 e vari ance. Year-to-date expendi tures were $316,000 1 ess than budget, for an 8.5 percent favorable variance. The District's temporary inves1Jnents are currently held in a Federal National Mortgage Association note, certificates of deposit, bankers' acceptances, commercial paper, and the Local Agency Investment Fund (LAIF> account. Mr. Jay McCoy, Construction Division Manager, reported on capital proj ects under constructi on, review ing fifteen proj ects. The total project budget for these projects is $13,831,172. At the concl usi on of the reports, Presi dent Carl son decl ared that the August 1986 Financial Statements were duly received. ,09' 18 86 197 IX. LEG ALl LI TIG A TI ON 1. DENIAL OF $400,000 CLAIM FOR PRCFERTY DAMJlGE FRCJt1 RœERT AND LUCILLE KARP This item was deferred until after closed session. X. REJIl PRCFERTY 1. ADOPT RESOLUTION ,APPROVING THE SALE OF LOT 12, BLOCK E, ORINDA OAKS PROPERTY, ASSESSOR'S NO. 264-075-015 TO CRAIG JIl-JD BARBARA WOClMINGTON-SMITH It was moved by Member Dal ton and seconded by Member Boney steel e, that the sale of Lot 12, Block E, Orinda Oaks property, Assessor's No. 264-075-015, to Craig and Barbara Woolmington-Smith pursuant to the purchase agreement be approved, that the Deputy General Manager be authorized to execute documents of sal e, and that Resol uti on No. 86-118 approving the sale and conditions thereof be adopted. Motion approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, Carlson NOES: Members: None JlBSENT: Members: McNulty, Clausen XI. ITEMS LATE FOR THE JlGENDA None XII. REPORTS 1. GENERAL MANJIGER-CHIEF ENGINEER a. Mr. Dol an, General Manager-Chief Engineer, reported that a hearing will be conducted on September 19, 1986, to consider the draft Basin Plan. Bay Area Dischargers Association (BADA) will comment concern i ng the adopti on of an i nadequatel y supported table of effl uent toxics limitations. Also, a rather incompletely defined study is proposed to develop discharger specific toxic effl uent 1 imitati ons over a three-year time period. BADA will comment on this as well. b. Thirteen easements in the Martinez area appeared on the Consent Calendar tonight. These were the first of approximately 170 easements expected from the City of Martinez under the terms of the 1967 agreanent. c. $2.15 million will be deposited in an interest bearing escrow account in the near future for purchase of a porti on of the Southern Paci fic Right-of-Way as requi red in the previ ousl y approved purchase agreement. d. Mr. Dol an reported that since the 1 ast Board Meeti ng, the potenti al confl ict concerning the sol e source purchase of the Concord Revenue F10il meters has been resol veda The challenger has i nvesti gated the specifications and determined that they were reasonable. Staff will now proceed with issuing a purchase order for the meters. e. The cl aim from Don Young Ford in the amount of $2,460 which appeared on the September 4,1986, agenda has been settled for $1,600. f. With regard to the letter from West Contra Costa Sol id Waste Management Authority concerning host community mitigation, a response indicating that Jim Kelly, Planning Division Manager, will represent the District at the Sep~eMber 22,1986, meeting was authorized. 2. COUNSEL FOR THE DISTRICT None 3. SECRETARY OF THE DISTRICT None 09 ',':. .¡ ¡S 86 198 4. BOARD MEMBERS a. The Board of Directors heartily agreed with the letter from Ms. Rosalyn Foster Lutz commending Mr. Danny Lopez and the CSO crew for a job well done. Presi dent Carl son expressed the Board's appreci ati on and commended Mr. Lopez and CSO personnel for thei r excell ent work and good communi ty rel ati ons. b. Member Dalton advised that he will receive a life membership in the JVnerican Publ ic Works Association (APtlA) for 30 years of service. It was moved by Member Boneysteele and seconded by Member Carlson, that in conjunction with previously approved attendance at an EPA seminar in Salt Lake City, Member Dalton was authorized to extend his travel plans to include travel to New Orleans to receive a life membership in APWA. There being no objection, the motion was approved with Members McNulty and Clausen being absent. c. It was moved by Member Dalton and seconded by Member Boneysteel e, that Board Members, Di strict Counsel, and desi gnated staff members be authorized to attend the CASA meeti ng on November 14 and 15, 1986. There being no objection, the motion was approved with Members McNulty and Clausen being absent. d. Member Dalton reported on the joint Solid Waste Commission/ County Planning Commission meeting. There is grOiling recognition of the County-wide solid waste problem. XIII. MATTERS FRCJ.t1 THE BOARD NOT ON THE ffiENDA None 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 litigation di scussed were: a. Peterson-Simpson v CCCSD No. 190885 b. CCCSD v National Uni on No. 255498 2. SIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section 54956.9(b), a point has been reached where in the opi ni on of the Board of Di rectors of the Central Contra Costa Sanitary District on the advise 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 abil ity to conclude existing set~ement negotiations to its advantage. 3. PERSONNEL The closed session was held to discuss personnel Government Code Section 54957. pu rsuant to At 8:45 p.m., President Carlson declared the closed session to discuss litigation pursuant to Government Code Sections 54956.9(a) and (b) and Personnel pursuant to Government Code Section 54957. At 10: 10 p.m., President Carlson concluded the closed session and reconvened the meeting into open session. xv. ACTIONS RESULTING FRCJ.t1 DISCUSSIONS IN CLOSED SESSION At this time Legal/Litigation. Pres i dent Ca rl son returned to Item IX. 09 18 86 199 IX. LEG JILl LITIGATION 1. DENIAL OF $400,000 CLAIM FOR PROPERTY DAMPGE FRO\1 RCBERT #.JD LUCILLE KARP It was moved by Member Dal ton and seconded by Member Boneysteel e, that the cl aim against the District in the amount of $400,000 submitted by Robert and Luclll e Karp be deni ed and referred to staff for further action as necessary. Motion approved on the following roll call vote: AYES: Members: Boneysteel e, Dalton, Carl son NOES: Members: None JlBSENT: Members: McNulty, Clausen XVI. HJJ CURNMENT There being no further business to come before the Board, President Carlson adjourned the meeting at the hour of 10:10 p.m. ~ CL-. Presi dent of the Board of Di rectors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COU NTERSIGNED: ì ) ')'1 ,,^) /' tz:Li..' c..-L 7, ,1...[', <.A...'¿'i/'-., S\i9Cr tary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California 09,,', 1-8 86