HomeMy WebLinkAboutBOARD MINUTES 11-20-86
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MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE CENTRAL CONTRA
COSTA SANITARY DISTRICT HELD ON NOVEMBER 20,1986
The District Board of the Central Contra Costa Sanitary District
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 November 20, 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
Membe rs :
None
II. PUBLIC COMMENTS
Mr. John Lisenko, Senior Engineer of the City of Danville, addressed
the Board concerning the San Ramon Valley Sewer Improvement Project EIR.
Mr. Lisenko stated that these comments were previously expressed in the
comments submitted by the City of Danvi 11 e to the EIR. The City of
Danvi11e requests that the project through downtown Danville be delayed
to allow the District and Tri-Valley Wastewater Authority (TWA) to make a
mutual decision about the method TWA will use to discharge either raw
wastewater or treated effluent. Further, the District was requested to
work with the City of Danville to reach a mutual understanding regarding
construction procedures; a plan for installation of the pipeline in
Railroad Avenue rather than the Southern Pacific right-of-way, for that
portion between Prospect and San Ramon Valley Boulevard; and that efforts
of the District on this project be coordinated with those of TWA to
minimize the physical and economic impact of these projects on the
Danville community over the next several years. Mr. Lisenko distributed
a letter dated November 20, 1986, from Mr. Michael M. Davis, Danville
City Manager, summarizing these comments.
Member Clausen recommended that because of the late arrival of the
letter, that this matter be held until the next meeting.
Mr. Charles Williams, City Attorney for the City of Danvil1e,
addressed the Board requesting that the statute of limitations which
expires on Monday, December 1,1986, be waived.
Mr. Hazard cautioned the Board that since the City of Danville is
threatening a law suit, no action be taken prior to discussion in closed
session.
President Carlson directed staff to place the matter on the agenda
for the next Board meeting.
In the necessary absence of the General Manager-Chief Engineer, the
Deputy Chief Engineer Robert A. Baker addressed the Board. Mr. Baker
advised that a meeting has been scheduled to discuss these matters with
staff representatives from the City of Danville at 2:00 p.m., Monday,
November 24,1986.
III.
APPROVAL OF MINUTES
l.
2.
MINUTES OF OCTOBER 28,1986
MINUTES OF NOVEMBER 6,1986
It was moved by Member Boneysteel e and seconded by Member Dal ton,
that the minutes of October 28, 1986, be approved as presented and that
the minutes of November 6, 1986, be approved with the correction of the
typographical error on page 8. There being no objection, the motion was
unanimously approved.
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IV.
EXPENDITURES
1.
EXPENDITURE LIST DATED NOVEMBER 20,1986
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 November 20, 1986, incl uding Sel f Insurance
Warrant Nos. 100032-100033, Running Expense Warrant Nos. 29187-29424, and
Sewer Construction Warrant Nos. 4082-4120, be approved as recommended.
There being no objection, the motion was unanimously approved.
V. CONSENT CALENDAR
It was moved by Member Boneysteele and seconded by Member Clausen,
that the Consent Calendar, consisting of fifteen items, be approved as
recommended, resolutions adopted as appropriate, and recordings duly
authorized.
1.
The contract work for install ati on of the Watershed 44 West
Trunk Parallel CD.P. 4093) was accepted and the filing of the
Notice of Completion authorized.
Motion unanimously approved on the following vote:
AYES: Members: Boneysteele, Dalton, McNulty, Cl ausen, Carl son
NOES: Members: None
ABSENT: Members: None
2.
The contract work for Storm Damage Repair Project at Raintree
Place, Lafayette (D.P. 4060) was accepted and the filing of the
Notice of Completion authorized.
Motion unanimously approved on the following vote:
AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carl son
NOES: Members: None
ABSENT: Members: None
3.
The contract work for the Storm Damage Repair Proj ects at
Hillcrest Drive, Orinda and Moraga Slide I-A, Moraga (D.P. 3886
and D.P. 4223) was accepted and the filing of the Notice of
Completion authorized.
Motion unanimously approved on the following vote:
AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carl son
NOES: Members: None
ABSENT: Members: None
4.
The contract work for installation of the Escobar Street Sewer
Repl acement CD.P. 4236) was accepted and the fil ing of the
Notice of Completion authorized.
Motion unanimously approved on the following vote:
AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carl son
NOES: Members: None
ABSENT: Members: None
5.
The Board was advised of the close out of the Replacement of
Existing Deficient Sewer Facilities Project in Martinez and
Orinda (D.P. 4054) and an additional $5,930 was authorized from
Sewer Construction Funds.
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10.
H.
11:; ~,20-
. 'f .
Motion unanimously approved on the following vote:
AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Ca rl son
NOES: Members: None
ABSENT:
Members:
None
6.
Execution of "Consent to Common Use" Agreement with P.G. & E.,
Job 4250, Lafayette area, was authorized (Resolution No.
86-159).
Motion unanimously approved on the following vote:
AYES:
Boneysteele, Dalton, McNulty, Clausen, Carlson
Members:
NOES:
Members:
None
ABSENT:
Members:
None
7.
Resolution No. 86-160 accepting an easement at no cost to the
District from F. D. FEDELI, Martinez area (Job 1811 - Parcel
60) was adopted.
Motion unanimously approved on the following vote:
AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Ca rl son
NOES: Members: None
ABSENT: Members: None
8.
Resolution No. 86-161 accepting an easement at no cost to the
District from WAYNE BEUMER, Martinez area (Job 1811 - Parcel
74A) was adopted.
Motion unanimously approved on the following vote:
AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Ca rl son
NOES: Members: None
ABSENT:
Members:
None
9.
Resolution No. 86-162 accepting an easement at no cost to the
District from WELLS FARGO BANK, Walnut Creek area (Job 4076 -
Parcell (Ptn» was adopted.
Motion unanimously approved on the following vote:
AYES:
Boneysteele, Dalton, McNulty, Clausen, Carlson
Members:
NOES:
Members:
None
ABSENT:
Members:
None
Resolution No. 86-163 accepting an easement at no cost to the
District from SPRINGVIEW ASSOCIATION, INC., Lafayette area (Job
4239 - Parcel 2) was adopted.
Motion unanimously approved on the foll ow i ng vote:
AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carl son
NOES: Members: None
ABSENT: Members: None
Resolution No. 86-164 accepting an easement at no cost to the
District from J. N. BONAVITO, Walnut Creek area (Job 4076 -
Parcell (Ptn» was adopted.
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Motion unanimously approved on the following vote:
AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carl son
NOES: Members: None
ABSENT:
Members:
None
12.
Resolution No. 86-165 accepting an easement at no cost to the
District from F. E. BARR, et al, Orinda area (Job 4263 - Parcel
2) was adopted.
Motion unanimously approved on the following vote:
AYES:
Members:
Boneysteele, Dalton, McNulty, ~ausen, Carlson
NOES:
Members:
None
ABSENT:
Members:
None
13.
Resolution No. 86-166 accepting an easement at no cost to the
District from R. A. SASO, et ux, Lafayette area (Job 4250 -
Parcel 3) was adopted.
Motion unanimously approved on the following vote:
AYES:
Members:
Boneysteele, Dalton, McNulty, Clausen, Carlson
NOES:
Members:
None
ABSENT:
Members:
None
14.
Resolution No. 86-167 accepting an easement at no cost to the
District from LELAND ESTATES, Lafayette area (Job 4258 -
Parcels 2 and 3) was adopted.
Motion unanimously approved on the following vote:
AYES:
Members:
Boneysteele, Dalton, McNulty, Clausen, Carlson
. NOES:
Members:
None
ABSENT:
Members:
None
15.
$3,388 was authorized from the Sewer Construction Fund to
complete the outfitting of Truck No. 74.
Motion unanimously approved on the following vote:
AYES:
Members:
Boneysteele, Dalton, McNulty, Clausen, Carlson
NOES:
Members:
None
ABSENT:
Members:
None
CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
President Carlson noted that Item XIV. Closed Session, would be
taken out of order when the Di strict's attorney, Mr. Arthur Shartsi s,
arrived.
VI.
ADMINISTRATIVE
1.
ADOPT A RESQUTION AMENDING EXHIBIT A, DESIGNATED POSITIONS AND
DISa..OSURE CATEGORIES, OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
CONFLICT OF INTEREST CODE
It was moved by Member McNulty and seconded by Member Clausen, that
amendment to Exhibit A, Designated Positions and Disclosure Categories of
the Central Contra Costa Sanitary District Conflict of Interest Code be
approved (Resol ution No. 86-158) and that the Secretary of the Di strict
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232
be authorized to submit a copy of said code amendment to the Board of
Supervisors of Contra Costa County for approval. Motion unanimously
approved on the following roll call vote:
AYES:
Members:
Boneysteele, Dalton, McNulty, Clausen, Carlson
NOES:
Members:
None
ABSENT:
Members:
None
VII.
ENGINEERING
1.
EXECUTE PGREEMENT RELATING TO REAL PROPERTY WITH EDWARD L. STRONG,
ET UX, JOB 3934, PARCEL 1, ALAMO AREA
APPROVE AGREEMENT RELATING TO REAL PROPERTY WITH GEORGE P. VILLA, ET
AL, JOB 908, ORINDA AREA
2.
Mr. Baker, Deputy Ch i ef Engi neer, adv i sed that normal 1 y agreements
relating to real property would be placed on the Consent Calendar. These
agreements were placed on the regular agenda to allow an opportunity for
staff to expl ai n the review process used to eval uate easement
encroachment requests. Mr. Baker introduced Mr. John A. Larson,
Collection System Operations Department Manager.
Mr. Larson reported that in an effort to ensure that the requested
use of the real property is acceptabl e to the Di strict and to try to
accommodate the public's needs for use of their property, staff reviews
the information submitted by the applicant and also visits the site.
Once the real property agreement is approved by the Board of Directors,
it is recorded against the deed of the property.
It was moved by Member Dalton and seconded by Member McNulty, that
the agreement relating to real property with Edward L. Strong, et ux, Job
3934, be approved and execution and recording authorized (Resolution No.
86-168); and that agreement relating to real property with George P.
Villa, et al, Job 908, Orinda area, be approved and execution and
recording authorized (Resolution No. 86-169). There being no objection,
the motion was unanimously approved.
3.
AUTHORIZE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AMENDMENT NO.1
TO THE AGREEMENT WITH J AMES MONTGOMERY CONSULTING ENGINEERS AND
AUTHORIZE $542,000 IN SEWER CONSTRUCTION FUNDS FOR FINAL DESIGN OF
THE SAN RAMON V ALLEY SEWER IMPROVEMENT PROJ ECT
Mr. Baker, Deputy Chief Engineer, stated that authorization of funds
and execution of the agreement with James Montgomery Consulting Engineers
for the design of the San Ramon Sewer Improvement Project is requested.
Since the initial review, it has been determined that combining Phases I
and II should result in overall lower construction costs and provide
trunk sewer capacity in areas where it is needed to meet present capacity
limitations.
Member Cl ausen suggested that Phases I and II be bid in separate
schedules to allow for competition among potential bidders. Mr. Baker
agreed to pursue the matter.
It was moved by Member Dalton and seconded by Member McNulty, that
the General Manager-Chief Engineer be authorized to execute Amendment No.
1 to the agreement with James M. Montgomery Consulting Engineers and that
$542,000 be authorized in Sewer Construction Funds for final design of
Phases I and II of the San Ramon Valley Sewer Improvement Project.
Motion unanimously approved on the following roll call vote:
AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carl son
NOES: Members: None
ABSENT: Members: None
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VIII .
PLANT OPERATIONS
1.
AUTHORIZE $15,000 FROM THE SEWER CONSTRUCTION FUND FOR EQUIPMENT AND
CONSTRUCTION OF A PLANT OPERATIONS DEPARTMENT TRAINING FACILITY
Following explanation by Mr. Baker, Deputy Chief Engineer, it was
moved by Member Clausen and seconded by Member Dalton, that $lS,OOO be
authorized from the Sewer Construction Fund for equi pment and
construction of a Plant Operations Department training facility. Motion
unanimously approved on the following roll call vote:
AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson
NOES: Members: None
ABSENT: Members: None
AUTHORIZE $45,000 IN SEWER CONSTRUCTION FUNDS AND AUTHORIZE PURCHASE
OF A 200 HP PUMP DRIVE FROM EMERSON ELECTRIC COMPANY
2.
Mr. Baker, Deputy Chief Engineer, advised that this unit is
identical to the variable frequency drives bid in June 1986 for
installation on the furnace ID fans. District Counsel has concurred that
pursuant to Public Contract Code Section 3400, this item is a suitable
sole source item.
It was moved by Member McNulty and seconded by Member Clausen, that
purchase of a 200 HP pump drive be authorized from Emerson El ectric
Company, and that $45,000 be authorized from the Sewer Construction Fund
for the purchase and engi neeri ng costs. Motion unanimousl y approved on
the following roll call vote:
AYES:
Members:
Boneysteele, Dalton, McNulty, Clausen, Carlson
NOES:
Members:
None
ABSENT:
Members:
None
IX.
BUDGET AND FINANCE
1.
RECEIVE OCTOBER 1986 FINANCIAL STATEMENTS
Mr. Walter N. Funasaki, Finance Officer, summarized the results of
operati ons and mai ntenance for the month of October 1986, noti ng that
expenditures were $24,000 more than budget, representing a 1.4%
unfavorable variance. For the four months ended October 31, 1986,
expenditures were $376,000 less than budget, for a 5.4% favorable
variance. The District's temporary investments are held in a Federal
National Mortgage Association note, collateralized certificates of
deposit, bankers' acceptances, and the District's Local Agency Investment
Fund (LAIF) account with interest rates ranging from 8.35% to 5.69%. The
latest rate being 5.8%. The interest rate for the LAIF account for the
June-September quarter was 7.81%.
Mr. Dave Williams, Engineering Division Manager, briefly reviewed
the Dissolved Air Flotation System process and purpose.
Mr. Jay McCoy, Construction Division Manager,
Project, showing slides highlighting the construction.
reviewed. the 5B
Hearing no objection, President Carlson declared that the October
1986 Financial Statements were duly received.
X.
CORRESPONDENCE
1.
RECEIVE LEGAL NOTICE OF THE CITY OF SAN RAMON AND SAN RAMON
DEVELOPMENT AGENCY JOINT PUBLIC HEARING ON THE PROPOSED SAN RAMON
REDEVELOPMENT PROJECT PlAN AND REFER TO STAFF FOR APPROPRIATE ACTION
It was moved by Member Dalton ånd seconded by Member Clausen, that
receipt of legal notice of the City of San Ramon and San Ramon
Redevelopment Agency Joint Public Hearing on the proposed San Ramon
Redevelopment Project Plan be acknOilledged and referred to staff for
appropriate action. 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
XI.
ITEMS LATE FOR THE PGENDA
None.
President Carlson noted that Mr. Arthur Shartsis had arrived and
requested the Board to digress to Item XIV, Closed Session.
XIV.
ClOSED SESSION
1.
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 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 ability of the
District to conclude existing settlement negotiations to its advantage.
2.
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 title of the litigation
is 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.
3.
PERSONNEL
The closed session was held to discuss personnel matters pursuant to
Government Code Secti on 54957.
At 8:28 p.m., President Carlson declared the closed session to
discuss litigation pursuant to Government Code Sections 54956.9(b) and
(c) and personnel pursuant to Government Code Secti on 54957. At 9 :32
p.m., President Carlson concluded the closed session and reconvened the
meeting into open session.
XV.
ACTIONS RESULTING FROM DISCUSSIONS IN ClOSED SESSION
None
President Carlson returned to the order of the agenda.
1.
XII.
GENERAL MANAGER-CHIEF ENGINEER
REPORTS
a. Mr. Baker, Deputy Chief Engineer, reported that a copy of the
Tri-Valley Wastewater Authority option to purchase an easement along the
Southern Pacific right-of-way has been obtained and reviewed.
b. Bids are now going out for remodel of the upper portion of the
Walnut Creek office building.
c. The final Notice of Determination for the 5AI and SAIl audit has
been received from the Environmental Protection Agency. It was
determined that 99.6 percent of the eligible project costs were to be
funded by the federal and state governments. Mr. Roger Dol an, General
Manager-Chief Engineer, was largely responsible for this monumental
accomplishment. He was ably assisted by Curt Swanson and Jack Campbell.
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It was moved by Member Boneysteele and seconded by Member Dalton,
that staff be commended for th$ir tenacity and competence in successfully
resolving this matter. Motion unanimously approved on the following roll
call vote:
AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carl son
NOES: Members: None
ABSENT: Members: None
Staff was directed to send a telegram to the General Manager-Chief
Engineer advising him of the favorable audit findings. Staff was
requested to draft letters for the President's signature to the EPA and
State thanking them for their assistance in the timely conclusion of the
audit.
2.
COUNSEL FOR THE DISTRICT
Mr. James L. Hazard, Counsel for the District, stated that
guidelines concerning the amendments to the Brown Act will be distributed
to Board Members. The revisions to the Brown Act will require a
corresponding change in the District's agenda format.
3.
SECRETARY OF THE DISTRICT
Ms. Joyce McMillan, Secretary of the District, requested direction
from the Board concerning the revisions to the Health and Safety Code
relating to Board Member compensation.
Following discussion, it was moved by Member Dalton and seconded by
Member Clausen, that this matter be referred to the Personnel Committee
for review and recommendation to the full Board. There being no
objection, the motion was unanimously approved.
The Personnel Committee meeting was scheduled for 11:00 a.m. on
Monday, November 24,1986.
4.
BOARD MEMBERS
a. Following discussion, it was moved by Member Clausen and
seconded by Member McNulty, that Resolution No. 86-170, Resolution
regardi ng Central Contra Costa Sanitary Di strict Annexation Policy, be
adopted. Motion approved on the following roll call vote:
AYES: Members: Dalton, McNulty, Cl ausen, Carl son
NOES: Members: Boneysteele
ABSENT: Members: None
b. Presi dent Carl son stated that in the past it has been the
practice of the Board to elect new officers the first meeting in
December. President Carlson directed the Secretary of the District to
calendar this matter on the December 4, 1986 agenda. The new officers
will then take office the second meeting in December.
c. Member Boneysteele stated that the CASA Membership Directory was
very favorably recei ved at the recent CASA meeti ng. Pres i dent Ca rl son
reported on the Di rectors' Meeti ng at which a sl udge di sposal
presentation was made and round table discussion held. The Board and
staff congratulated Member Boneysteele on his election as President of
CASA and President Carlson on his election as CAS A Director at Large.
d. Member Dalton reported on the December 3, 1986 Solid Waste
Commission meeting. A solid waste survey has been received from the
County and distributed for comments. Comments should be submitted to Mr.
James Kelly, Planning Division Manager, who will compile them and draft a
response.
e. It was moved by Member Boneysteel e and seconded by Member
McNulty, that Member Will iam C. Dalton be endorsed for an additional
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two-year term on the County Solid Waste Commission and that the Secretary
of the District be authorized to forward the Board's endorsement to the
Board of Supervisors for consideration. There being no objection, the
motion was unanimously approved.
Member Dalton reported that he has been selected as the Solid Waste
Commission's representative on the County Hazardous Waste Commission.
f. Member McNul ty acknowl edged and thanked Messrs. Robert Baker,
Charl es Batts, and James Kell y for thei r presentations to the Contra
Costa Council.
XIII.
MATTERS FROM THE BOARD NOT ON THE AGENDA
None
XIV.
CLOSED SESSION
This item was taken out of order earlier in the agenda.
xv.
ACTIONS RESULTING FROM DISCUSSIONS IN ClOSED SESSION
This item was taken out of order earlier in the agenda.
XVI.
ADJOURNMENT
There being no further business to come before the Board, President
Carlson adjourned the meeting at the hour of 10:20 p.m.
Pr;eside t of the Board of Directors,
n Contra Costa Sanitary District,
unty of Contra Costa, State of California
COO NTERSIGNED:
/1
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