Loading...
HomeMy WebLinkAboutBOARD MINUTES 12-04-86 237 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON DECEMBER 4,1986 The District Board of the Central Contra Costa Sanitary District convened in a regular meeting at its regular place of meeting, 5019 Imhoff Pl ace, Marti nez, County of Contra Costa, State of Cal Horn; a, at 7:30 p.m. on December 4, 1986. President Carlson called the meeting to order and requested that the Secretary call roll. I. ROlL CALL PRESENT: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson ABSENT: Members: None 1. ELECTION OF DISTRICT BOARD PRESIDENT AND PRESIDENT PRO TEM It was moved by Member Dalton and seconded by Member McNulty, that President Pro Tem Clausen be elected 1987 District Board President. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dal ton, McNul ty, Cl ausen, Ca rl son NOES: Members: None ABSENT: Members: None It was moved by Member Clausen and seconded by Member Dalton, that Member McNulty be elected to serve as President Pro Tem of the District Board for 1987. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Ca rl son NOES: Members: None ABSENT: Members: None President Carlson extended his thanks to the Board and staff for the cooperation he received as District Board President and for the successful conclusion of several major outstanding matters such as the SA Audit and the Contra Costa Water District matter. President Carlson was joined by Board and staff in congratulating Members Clausen and McNulty on their election and in expressing hope for an equally successful year in 1987. III. EXPENDITURES EXPENDITURE LIST DATED DECEMBER 4,1986 1. Member Dalton, member of the Budget and Finance 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 December 4, 1986, including Running Expense Warrant Nos. 29425-29544, Sewer Construction Warrant Nos. 4121-4133, and Payroll Warrant Nos. 8486-8719, be approved as recommended. There being no objection the motion was unanimously approved. IV. HEARINGS 1. CONSIDER APPEAL BY MLM CONCEPTS REGARDING THE PAYMENT FOR THE REPlACEMENT OF AN EXISTING SEWER MAIN IN PLEASANT HILL Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that the purpose of this hearing is to consider the appeal of MLM Concepts concerning the staff decision requiring replacement of an existing sewer 12 04 86 238 main in Pleasant Hill. In addition, MLM Concepts requests reimbursement of the $19,000 in costs to install the new sewer. Mr. Jay S. McCoy, Construction Division Manager, summarized the issues related to the appeal by MLM Concepts as set forth in the position paper and attachments. President Carlson declared the hearing open at the hour of 7:47 p.m. Mr. Leland Laughlin, engineer of record for the sewer design and a partner in MLM Concepts, distributed a profile drawing of the line as it existed and the new line as it was installed. Mr. Laughlin addressed the Board stating that the existing main that was replaced was found to be inadequate by the District's own standards and specifications and therefore the District should pay for the cost of replacement. In response to a question from Member Dalton, Mr. McCoy stated that District records show that the property was zoned R-I0, single family development in 1974. The sewer was designed on that basis and was adequate based on R-I0 zoning. The system was designed in accordance with the District's standards at that time for that particular project. The current zoning is planned unit development. The zoning allows construction of apartment houses or cl uster houses. ft.t..M Concepts is building apartments immediately adjacent to the District's sewer easement with portions of decks and eaves encroaching over the easement. The new apartments will greatly restrict the access for future maintenance of the sewer pipeline. In addition, the site has been graded resulting in reduced cover over the pipeline. And, during the construction of the apartment development, heavy vehicles and equipment will be operating over the sewer easement and pipeline which could result in damage to the pi pel i nee For these reasons, MLM Concepts was requi red to repl ace the existing pipeline and is responsible for the costs for the replacement. Mr. Bill McCl eary, partner in MLM Concepts, conceded that ductil e i ron pi pe was appropri ate in the roadway but the asbestos cement sewer main should be adequate for the other areas. At this time after hearing all who spoke regarding the appeal of MLM Concepts, President Carlson declared the hearing closed. Member Cl ausen raised the issue of timel iness of the appeal. He stated that he did not think it was appropriate for the Board to consider this appeal since the 30 day appeal period had expired and the pipe was in the ground. Following deliberation, it was moved by Member Boneysteele and seconded by Member Dalton, that the appeal by MLM Concepts be denied on both procedural and substantive grounds. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None v. BIDS AND AW ARDS 1. AUTHORIZE AWARD OF PURCHASE ORDER FOR $24,092.43 TO PLS INTERNATIONAL FOR FURNISHING ONE PORTABLE, SELF-CONTAINED, BLACK AND WHITE TELEVISION SYSTEM FOR INSPECTION OF SMALL DIAMETER SEWER LINES Mr. Dol an, General Manager-Ch ief Engi neer, stated that funds for this equipment was contained in the Equipment Budget for the current year. Three bids were received. A technical evaluation of the bids was conducted. It was concluded that only PLS International was responsive to the technical and performance specifications requi red in the Bid Request. Staff recommends that authorization be given for award of purchase order to PLS International. 12, ,04 , ' 86 239 It was moved by Member Dal ton and seconded by Member Boneysteel e, that award of purchase order be authorized to PLS International for a portable, self-contained, closed circuit, black and white television system for a total cost of $24,092.43. Motion unanimously approved on the following roll call vote: AYES: NOES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson Members: None ABSENT: Members: None VI. CONSENT CALENDAR It was moved by Member Dalton and seconded by Member Clausen, that the Consent Cal endar, consi sti ng of twenty-two items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resolution No. 86-171 accepting an easement at no cost to the District from R. B. COBIE, et ux, Walnut Creek area (Job 4076 - Parcell (Ptn» was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Ca rl son NOES: Members: None ABSENT: Members: None 2. Resolution No. 86-172 accepting an easement at no cost to the District from L. D. SCOTT, Walnut Creek area (Job 4076 - Parcel 1 (Ptn» was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carl son NOES: Members: None ABSENT: Members: None 3. Resolution No. 86-173 accepting an easement at no cost to the District from DEERHILL INVESTMENT GROUP, Lafayette area (Job 4243 - Parcel 2) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carl son NOES: Members: None ABSENT: Members: None 4. Resolution No. 86-174 accepting an easement at no cost to the District from THE MEADS GRClIP, Martinez area (Job 4245- Parcel 2) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Membe rs: Boneysteele, Dal ton, McNulty, Cl ausen, Ca rl son NOES: Members: None ABSENT: Members: None 5. Resolution No. 86-175 accepting an easement at no cost to the District from BEHRING EDUCATIONAL INSTITUTE, INC., Blackhawk area (J ob 4231 - Parcel 2 and 3) was adopted and recordi ng authorized. 12 04 86 240 Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Cl ausen, Ca rl son NOES: Members: None ABSENT: Members: None 6. Resolution No. 86-176 accepting an easement at no cost to the District from BEHRING EDUCATIONAL INSTITUTE, INC., Bl ackhawk area (Job 4231 Parcel 8) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteel e, Dalton, McNul ty, Cl ausen, Carl son NOES: Members: None ABSENT: Members: None 7. Resolution No. 86-177 accepting an easement at no cost to the District from K. P. REYNOlDS, et ux, Martinez area (Job 1814 - Parcel 145) was adopted and recording authorized. 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. 86-178 accepting an easement at no cost to the District from C.G.C. LIMITED PARTNERSHIP, Pleasant Hill area (Job 3944 - Parcel 3) was adopted and recording authorized. 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. 86-179 accepting an easement at no cost to the District from C.G.C. LIMITED PARTNERSHIP, Pleasant Hill area (Job 3944 - Parcel 4) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Ca rl son NOES: Members: None ABSENT: Members: None 10. Resolution No. 86-180 accepting an easement at no cost to the District from C.G.C. LIMITED PARTNERSHIP, Pleasant Hill area (Job 3944 - ParcelS) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Cl ausen, Ca rl son NOES: Members: None ABSENT: Members: None 11. Resolution No. 86-181 accepting an easement at no cost to the District from C.G.C. LIMITED PARTNERSHIP, Pleasant Hill area (Job 3944 - Parcel 6) was adopted and recording authorized. 12 '0'4 ';86 241 Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carl son NOES: Members: None AB SENT: Members: None 12. Resolution No. 86-182 accepting an easement at no cost to the District from C.G.C. LIMITED PARTNERSHIP, Pleasant Hill area (Job 3944 - Parcel 7) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: . Boneysteel e, Dalton, McNulty, Clausen, Ca rl son NOES: Members: None ABSENT: Members: None 13. Resolution No. 86-183 accepting an easement at no cost to the District from C.G.C. LIMITED PARTNERSHIP, Pleasant Hill area (Job 3944 - Parcel 8) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carl son NOES: Members: None ABSENT: Members: None 14. Resolution No. 86-184 accepting an easement at no cost to the Di stri ct from C. G. C. LIMITED PARTNERSHIP, Pl easant Hill area (Job 3944 - Parcel 9) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carl son NOES: Members: None ABSENT: Members: None 15. Resolution No. 86-185 accepting an easement at no cost to the Di stri ct from C. G. C. LIMITED PARTNERSHIP, Pl easant Hill area (Job 3944 - Parcel 10) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Ca rl son NOES: Members: None ABSENT: Members: None 16. The contract work for Project 20029, Wastewater Treatment Plant Cathodic Protection System - Phase I, was accepted and the filing of the Notice of Completion was authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Ca rl son NOES: Members: None ABSENT: Members: None 17. The contract work for Project 20014, Seismic Strengthening of Selected Buildings was accepted and the filing of the Notice of Completion authorized. 12 04 86 242 Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Cl ausen, Carl son NOES: Members: None ABSENT: Members: None 18. Authorization was given for P.A. 86-30 (Pleasant Hill) and P.A. 86-31 COanville) to be incl uded in a future formal annexation to the District. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Ca rl son NOES: Members: None ABSENT: Members: None 19. The Board was advised of the close out of the San Ramon Creek Bypass Channel Sewer Relocation Project in Walnut Creek COP 4046) and the return of $4,959 to the Sewer Construction Fund. 20. The Board was advised of the close out of the District Meeting Roan Letteri ng Proj ect COi strict Proj ect 20048). 21. A public hearing was scheduled for December 18, 1986, to consider adoption of an ordinance revising Section 2.04.030 of the District Code, compensation of Board Members. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Ca rl son NOES: Members: None ABSENT: Members: None 22. An extended three month medical leave of absence was authorized for Michael Parkinson, Maintenance Crew Leader, effective December 7, 1986. Motion unanimously approved on the following vote: AYES: Members: Boneysteel e, Dalton, McNulty, Clausen, Ca rl son NOES: Members: None ABSENT: Members: None CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None VII. ENGINEERING 1. CONSIDERATION OF FIXTURE FEES FOR ROSSMOOR Mr. James L. Hazard, Counsel for the District, distributed copies of the response from the California Fair Political Practices Commission in answer to the potential conflicts of interest of Members Boneysteele and Clausen on this matter. The Fair Pol itical Practices Commission found that both Member Boneysteele and Member Clausen have the right to vote. Mr. Hazard stated that a previous closed session had been held on this matter. Because of the potential conflict of interest, Members Boneysteele and Clausen were not present at that closed session. It is now appropriate for them to receive the information that was provided in that closed session. It was the consensus of the Board that further consideration of the Rossmoor fixture fees be deferred pending discussion in closed session. ,12,04 86 -. 243 VIII. ITEMS LATE FOR THE PGENDA None IX. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dol an, General Manager-Chief Engineer, reported on the Japan Sewage Works Association conference, treatment plants toured, and the technology and processes used. b. Mr. Dol an reported that the San Ramon Valley Sewer Improvement Project EIR process is complete. As of November 26,1986, no protests had been filed. Staff is continuing to work with the representatives of the City of Danville to address their concerns. c. A report on the Tri-Valley Wastewater Agency (TWA) option to purchase an easement in the Southern Pacific right-of-way was presented. There will be a meeting between District and TWA Board and staff representatives on December 10, 1986. The possibility of a joint project and the institutional arrangements to accommodate such a joint project were discussed. d. The recent passage of the Comprehensive Omnibus Budget Reconciliation Act (COBRA) will impact agencies such as Central San that do not participate in Social Security. This matter is subject to meet and confer with the employee groups and will be discussed further in closed session. e. EBMUD representatives have requested that the District take alum sl udge from thei r Orinda facility into our sewer system. They will be submitting a permit appl ication. It does not appear likely that the permit application will be approved. We have so advised them. 2. COUNSEL FOR THE DISTRICT Mr. Hazard, Counsel for the District, distributed a letter outlining the changes in the Brown Act. A Board committee meeting will be scheduled to review the changes necessary to the District agenda format. 3. SECRETARY OF THE DISTRICT None 4. BOARD MEMBERS a. Member Dalton requested that Mr. James Kelly, Planning Division Manager, compil e comments and draft a response to the County's sol id waste survey for Board consi derati on at the December 18, 1986 Board meeting. X. MATTERS FRa..1 THE BOARD NOT ON THE PGENDA None XI. QOSED SESSION 1. SIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section S49S6.9(b), a point has been reached where in the opinion of the Board of Directors 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 lit1 gati on against the Di strict. The titl es of the liti gati on are not being identified because to do so would jeopardize the Board's ability to conclude existing settlement negotiations to its advantage. }:2' 04.: 86 244 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 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. 3. PERSONNEL The closed session was held to discuss personnel matters pursuant to Government Code Section 54957. At 9: 15 p. mol Presi dent Carl son decl ared the closed session to discuss litigation pursuant to Government Code Sections 54956.9(b) and (c) and personnel pursuant to Government Code Section 54957. At 10:42 p.m., President Carlson concluded the closed session and reconvened the meeting into open session. XII. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION At this time President Carlson returned to Item VII., Engineering. VII. ENG INEERING 1. CONSIDERATION OF FIXTURE FEES FOR ROSSMOOR It was moved by Member Dalton and seconded by Member McNulty, that staff be directed to prepare a rate increase for Rossmoor based on the fixture fee of $140 for a two bath unit. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None XIII. ADJ OORNMENT There being no further busi ness to come before the Board, it was moved by Member Dalton and seconded by Member Boneysteele, and unanimously approved, that the meeting be adjourned in honor to the memory of former District Counsel John Bohn. , ~ ./Æ/" .~~~:-y ~. / Æ:--.- ,~"'.... ~ President of the Board of Directors, Central Contra Costa Sanitary District, ~ty of Contra Costa, State of California COUNTERSIGNED: 12 04 86 ....