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HomeMy WebLinkAboutBOARD MINUTES 12-18-86 2ðr5 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON DECEMBER 18,1986 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 December 18,1986. President Clausen called the meeting to order and requested that the Secretary call roll. I. RŒ.L CALL PRESENT: Members: Boneysteele, Dalton, McNulty, Carlson, Clausen ABSENT: Members: None II. PUBLIC COMMENTS None III. APPROV AL OF MINUTES 1. MINUTES OF NOVEMBER 20,1986 It was moved by Member Carlson and seconded by Member Dalton, that the minutes of November 20, 1986, be approved with the following correcion on page 11: the vote on Resolution No. 86-170 was corrected to show that Member Boneysteel e voted no. There bei ng no obj ecti on, the motion was unanimously approved. 1. EXPENDITURE LIST DATED DECEMBER 18,1986 Member Dalton, member of the Budget and Finance Committee, stated he and President Clausen have reviewed the expenditures and found them to be satisfactory. It was moved by Member Dalton and seconded by President Cl ausen, that the Expenditure List dated December 18, 1986, including Self Insurance Warrant Nos. 100034-100040, Running Expense Warrant Nos. 29545-29844, and Sewer Construction Warrant Nos. 4134-4188, be approved as recommended. There being no objection, the motion was unanimously approved. v. HEARINGS 1. CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE REVISING SECTION 2.04.030 OF THE DISTRICT CODE RELATING TO COMÆNSATION OF BOARD MEMBERS Mr. Roger J. Dolan, General Manager-Chief Engineer, indicated that the purpose of this public hearing is to receive public comment on the adoption of the proposed ordinance revising Section 2.04.030 of the District Code. The proposed revision conforms to amendments to the California Health and Safety Code and increases compensation for Directors from $75 a meeting to $100 a meeting and increases the number of days for which compensation is allOiled from four days to six days a month. President Clausen opened the public hearing at the hour of 7:34 p.m. and there being no comments either in favor of or in opposition to the proposed ordinance, the public hearing was closed. It was moved by Member Carlson and seconded by Member Dalton, that Ordinance No. 161 be adopted revising Section 2.04.030 of the District Code rel ated to compensati on of Board Members. Motion unanimousl y approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Carl son, Cl ausen NOES: Members: None ABSENT: Members: None 12 1,,8 86 246 VI. CONSENT CALENDAR President Clausen requested that Item 12 be removed from the Consent Calendar for discussion. It was moved by Member McNulty and seconded by Member Carlson, that the Consent Calendar, consisting of Items 1 through 11 and excluding Item 12, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 5. 12,.' 1.",8 1. Resolution No. 86-186 accepting an easement at no cost to the District from SKY-HY HOME()INERS ASSOCIATION, INC., Lafayette area (Job 4250 Parcel 2) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Carlson, Clausen NOES: Members: None ABSENT: Members: None 2. Resolution No. 86-187 accepting an easement at no cost to the District from BEHRING EDUCATIONAL INSTITUTE, INC., Danville area (Job 4231 ParcelS) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Carlson, Clausen NOES: Members: None ABSENT: Members: None 3. Resolution No. 86-188 accepting an easement at no cost to the District from BLACKHAWK PlAZA PARTNERS, Danville area (Job 4231 - Parcel 6) was adopted and recording authorized. Motion unanimousl y approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Carlson, Cl ausen NOES: Members: None ABSENT: Members: None 4. Resolution No. 86-189 accepting an easement at no cost to the District from BEHRING EDUCATIONAL INSTITUTE, INC., Danville area (Job 4231 Parcel 7) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Carlson, Cl ausen NOES: Members: None ABSENT: Members: None Resolution No. 86-190 accepting an easement at no cost to the District from P. N. INVESTMENTS, LTD., Pleasant Hill area (Job 4113 - Parcel 2) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteel e, Dalton, McNulty, Carlson, Cl ausen NOES: Members: None ABSENT: Members: None 86 247 6. Execution of agreement relating to real property was authorized with Country Cl ub at Bl ackhawk Improvement Associ ati on, Inc., Job 4121 - Subdivision 6585 (Resolution No. 86-191) Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Carlson, Cl ausen NOES: Members: None ABSENT: Members: None 7. Authorization was given for P.A. 86-32 <Danville area), P.A. 86-33 (Martinez area), and P.A. 86-34 (Concord area) to be included in a future formal annexation to the District. Motion unanimously approved on the following vote: AYES: Members: Boneysteel e, Dalton, McNulty, Carlson, Cl ausen NOES: Members: None ABSENT: Members: None 8. Close out of the Fl ushkl een Pump Stati on Capacity Improvement Project <District Project No. 2553) and return of $240 to the Sewer Construction Fund was presented for the Board's information. 9. State Utilities Agreement UTe 106.09.6 concerning relocation and adjustment of certain District facilities in Norris Canyon and east of Freeway 680 COP 4042) was approved and execution authorized (Resolution No. 86-192). Motion unanimously approved on the following vote: AYES: Boneysteele, Dalton, McNulty, Carlson, Clausen Members: NOES: ABSENT: Members: None Members: None 10. The contract work for construction of the Stage 5B Hydraulic Capacity Expansion and Sl udge Thickening Facilities Project <District Project 3816) was accepted and filing of the Notice of Completion was authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Carlson, Cl ausen NOES: Members: None ABSENT: Members: None 11. The Board acknowledged receipt of notification of results of Central Contra Costa Sanitary District Employees' Association - Local No.1 election. 12. Settlement of National Union litigation Mr. James L. Hazard, Counsel for the Di strict, stated that the National Union litigation was previously discussed in closed session and instructions concerning settlement were given. The matter was settled in accordance with those instructions. The settlement payment was received and immediately deposited. Board confirmation of that settlement is now requested. It was moved by Member Dalton and seconded by Member Carlson, that the final settlement of the National Union litigation be confirmed. Motion unanimously approved on the following roll call vote: 1 2. .. 18 86 248 AYES: Members: Boneysteele, Dalton, McNulty, Carlson, Clausen NOES: Members: None ABSENT: Members: None The Board commended Mr. Hazard and the staff on the successful resolution of this matter. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None VII. ADMINISTRATIVE 1. CONSIDER ADOPTION OF REVISED DISTRICT BOARD MEETING PROCEDURES AND DISTRICT BOARD MEETING AGENDA FORMAT Mr. Dolan, General Manager-Chief Engineer, advised that a resolution has been drafted revi si ng the Di strict Board meeti ng procedures and agenda format to conform to the amendments to the Brown Act. Explanatory comments to members of the public wishing to address the Board were drawn together into one informational text that will be included on the agenda. All report items must be calendared on the agenda and should be submitted to the Secretary of the District by 10:00 a.m. on Monday preceding a Board meeting. It was the consensus of the Board that the agenda will continue to provide for a call for requests to consider items out of order immediately following the Consent Calendar. Correspondence will be reviewed by staff and copies forwarded to interested or involved Board Members. Staff will cal endar correspondence on the Di strict Board meeting agenda if appropriate. It was moved by Member Carlson and seconded by Member McNulty that Resol ution No. 86-193 revising District Board meeting procedures and agenda format be adopted as modified. Motion unanimously approved on the following roll call vote: AYES: Members: Carl son, McNul ty, Boneysteele, Dalton, Cl ausen NOES: Members: None reSENT: Members: None 2. APPROVE REVISED TRAVEL EXPENSE REIMBURSEMENT POLICY AND PROCEDURE Following explanation by Mr. Dolan, General Manager-Chief Engineer, and di scussi on by the Board, it was moved by Member Boneysteel e and seconded by Member Dalton, that the revisions to the policy and procedure for travel expense reimbursement be approved and that use of the revised travel expense reimbursement report as amended be authorized. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Carlson, Clausen NOES: Members: None ABSENT: Members: None VIII . ENGINEERING 1. AUTHORIZE $15,800 FROM THE SEWER CONSTRUCTION FUND TO DESIGN MODIFICATIONS' TO AN EXISTING ROOM ON THE SECOND FLOOR OF THE HEADQUARTERS OFFICE BUILDING FOR USE AS A CONFERENCE ROOM AND AN OFFICE AND TO RJRQ-IASE FURNITURE Following introduction by Mr. Dolan, General Manager-Chief Engineer, Mr. David Williams, Engineering Division Manager, reviewed a breakdown of the costs and briefly described the proposed modifications. 12~/' 1~8' 86' 249 It was moved by Member Dalton and seconded by Member McNulty, that $15,800 be authorized from the Sewer Construction Fund to design modifications to an existing room on the second floor of the Headquarters Office Building for use as a conference room and a Senior Engineer office and to purchase conference room furniture. There being no objection, the motion was unanimously approved. AUTHORIZE $20,000 IN SEWER CONSTRUCTION FUNDS FOR AN ENGINEERING STUDY OF STORM DAMAGE ON HAPPY VALLEY ROAD, LAFAYETTE 2. This item was held pending discussion in closed session. 3. CONSIDERATION OF FIXTURE FEES FOR ROSSMOOR Mr. Hazard, Counsel for the District, stated that as directed by the Board at the 1 ast meeting, staff has cal cul ated the fixture fees for Rossmoor based on $140 for a two-bath unit. Those fees are set forth in the exhibit to the ordinance setting the fees. Mr. Hazard stated that the rates for the entire District, including Rossmoor, will be brought to the Board for consideration in Spring or Summer 1987. At the request of Member Boneysteele, further consideration of this matter was deferred pending briefing by Mr. Hazard. Mr. Hazard advised that this briefing be accomplished in closed session. XIII. QOSED SESSION 1. SIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section 549S6.9(b), a point has been reached where in the opinion of the Board of Directors of the Central Contra Costa Sanitary District on the advise of its Counsel, based on exi sti ng facts and ci rcumstances, there is a sign i f 1cant exposure to litigation against the District. At 8:22 p.m., President Clausen declared the closed session. At 8:25 p.m., President Clausen concluded the closes session and reconvened the meeting into open session. XIV. ACTIONS RESULTING FROM DISCUSSIONS IN ClOSED SESSION At this time President Clausen returned to Item VIII. Engineering. VIII. ENGINEERING CONSIDERATION OF FIXTURE FEES FOR ROSSMOOR 3. It was moved by Member Carlson and seconded by Member McNulty, that Ordinance No. 162, amending Section 6.12.010 of the District Code and adopting fixture fees for Rossrnoor, be adopted. Motion unanimously approved on the following roll call vote: AYES: Members: Carlson, McNulty, Boneysteele, Dalton, Clausen NOES: ABSENT: Members: None Members: None At this time President Clausen returned to Item XIII. Closed Session. XIII. QOSED SESSION SIGNIFICANT EXPOSURE TO LITIGATION 1. 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. 12 18 86 '. <7 250 A 8 :26 p.m., President Cl ausen decl ared the cl osed session. At 8:43 p.m., President Clausen concluded the closed session and reconvened the meeting into open session. XIV. ACTIONS RESULTING FROM DISCUSSIONS IN ClOSED SESSION At this time President Clausen returned to Item VIII. Engineering. VIII. ENGINEERING AUTHORIZE $20,000 IN SEWER CONSTRUCTION FUNDS FOR AN ENGINEERING STUDY OF STORM DAMPGE ON HAPPY V ALLEY ROAD, LAFAYETTE 2. It was moved by Member Boneysteele and seconded by Member Dalton, that $20,000 be authorized from the Sewer Construction Fund to complete an engineering study on storm damage at Happy Valley Road, Lafayette. There being no objection, the motion was unanimously approved. At this time President Clausen returned to the order of the agenda. IX. BUDGET AND FINANCE 1. RECEIVE NOVEMBER 1986 FINANCIAL STATEMENTS Mr. Walter N. Funasaki, Finance Officer, summarized the results of operati ons and mai ntenance for the month of November 1986, noti ng that expenditures were $48,000 1 ess than budget, representi ng a 3.3 percent favorabl e vari ance. For the five months ended November 30, 1986, expenditures were $415,000 less than budget, for a 5.0 percent 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 8.15 percent to 5.69 percent. The latest rate being 5.85 percent. The LAIF account yield was 7.4 percent for the month of November. Hearing no objection, President Clausen declared that the November 1986 Financial Statements were duly received. Mr. Jay S. McCoy, Construction Division Manager, reviewed the Seismic Strengthening Project and the Cathodic Protection Project, show i ng photographs high li ghti ng the progress of the proj ects th rough completion. Mr. McCoy then reviewed the history, construction, and completion of the Stage 5B Project. Mr. McCoy stated that the success of the 5B project was due in part to the significant contributions of Mr. Bob Collins, Inspector, Mr. Bob Simmons, First Resident Engineer, and Mr. Henry Thom, Second Resident Engineer. X. ITEMS LATE FOR THE PGENDA None XI. REPORTS 1. GENERAL MANPGER-CHIEF ENGINEER a. Mr. Dolan, General Manager-Chief Engineer, presented the draft response to the County survey concerning solid waste issues. The response was prepared by staff based on input from Members Dalton and Clausen. Following discussion, staff was directed to acknowledge receipt of the County solid waste survey and indicate that the Board is taking it under advisement. Staff was requested to provide the Board with any new information as it becomes available. Staff was directed to request information from the franchisees during the rate increase application process concerning the status of their efforts to locate a landfill site. b. Mr. Dolan reported that a meeting was held with representatives of Tri-Vall ey Wastewater Agency (TWA) attended by Members Carl son and Clausen. It was decided that District staff and TWA staff should meet to see if the technical elements of a joint project could be developed. The , concept of limited term rental of facilities was discussed. The precise application of the rental concept is unclear at this time. 12 18 86 251 Mr. Robert A. Baker, Deputy Chief Engineer, reported on the December 17, 1986 TWA Board meeting at which Mr. Bob Whitley, TWA engineer, presented his preliminary ranking of alternatives to the TWA Board as follows: 1) Group I (highest ranking) North 2 alternative in the Southern Pacific right-of-way in Contra Costa County. West 5 alternative, export raw sewage to EBMUD. Group II (lower ranking) North 3 al ternative, Central Contra Costa Sanitary District alternative. West 2 alternative, East Bay Dischargers Association (EBDA) alternative. 1) 2) 2) Mr. Baker stated that it is anticipated that the EBDA alternative ranking will be higher based on the outcome of discussions with the EBDA Board. Mr. Baker reported that Sphere of Infl uence issues between Central Contra Costa Sanitary District and TWA were also discussed. c. Mr. Paul Morsen, Deputy General Manager, reported that he, Member Dalton, and Mr. Funasaki attended the County Board of Supervisors meeting at which County fiscal oversight at special district was di scussed. The Board of Supervisors referred thi s matter back to the Internal Operations Committee. The 1987 Internal Operations Committee will get back to special districts after they consider this matter. d. Mr. Dolan reported that the District is currently advertising for the Radio System Improvements Project and for purchase of a hydroflush truck. e. Mr. Dolan advised that the consultant selection process is underway for the Treatment Plant Master Plan. f. Mr. Dol an reported that the consul tant has been sel ected for contract negotiations for the Martinez Master Plan. A position paper should be submitted to the Board for consideration in January. g. Mr. Dolan regretfully reported that two long-time retired District employees, Plant Operator Bob Sperl and Printer Ollie Ingersol, recently passed away. h. Mr. Do 1 an reported th at a new prod uct h as become avail ab 1 e which would allow the District to increase the pipe size in the confined space of the Wal nut Creek Bypass Proj ect from 60 inches to 66 inches. There is an opportunity to negotiate a change order to cover this modification. The cost of the change order is expected to be less than-- $250,000. There are sufficient funds in the present authorization to cover thi s change order. He is pl anni ng to execute a change order covering this change if satisfactory terms can be reached with the contractor. ------- Mr. Hazard, Counsel for the District, advised that the legal issues relating to the EIR for the project have been reviewed and that the proposed change order is legally appropriate and in accordance with CEQA and applicable case law. Following discussion of the technology of the new pipe, the Board voiced no objection to staff proceeding with negotiation of the change order. i. Mr. Dolan reported that the Public Works Director from Indianapol is will be visiting CSO to review productivity concepts being implemented there. 2. COUNSEL FOR THE DISTRICT None 3. SECRETARY OF THE DISTRICT None 12 18 86 252 4. BOARD MEMBERS a. Following consideration and modification of the draft resol uti on, it was moved by Member Boneysteel e and seconded by Member Dalton, that Resolution No. 86-194 regarding appointment and compensation for Board committees be adopted. Motion approved on the foll ow ing roll call vote: AYES: Members: Boneysteele, Dalton, Carlson, Cl ausen NOES: Members: McNulty ABSENT: Members: None It was noted for the record that Member McNul ty voted no for the reason that in her opinion compensation should be made only for those committees directly appointed by the Board and representing the District itself. While recognizing the valuable work done by CASA, Member McNulty felt that expenses should be reimbursed but compensation not paid. b. 1987 : President Clausen made the following committee assignments for STANDING COMMITTEES: Budget and Finance Committee Susan H. McNulty William C. Dalton Personnel Committee Parke L. Boneysteele Susan H. McNulty Capital Projects Committee Nel s E. Carl son John B. Cl ausen AD HOC COMMITTEES: Tri-Valley Wastewater Agency (TWA) Committee John B. Cl ausen Nel s E. Carl son IT Review Committee Nel s E. Carl son John B. Cl ausen REPRESENTATIVES: Solid Waste Commission Representative William C. Dalton Hazardous Waste Commission Representative William C. Dalton County General Plan Review Advisory Committee Representative Parke L. Boneysteele Board Liaison to Cities and County Concord, Pleasant Hill Danville, Alamo, San Ramon Nels E. Carlson John B. Cl ausen 12' '18' 86 253 Lafayette, Walnut Creek Martinez, Contra Costa County Orinda, Moraga Parke L. Boneysteele William B. Dalton Susan H. McNulty CASA Executive Board Representatives Parke L. Boneysteele Nel s E. Carl son CASA LeQislative Committee Representative Parke L. Boneysteele CASA Evaluation Committee Representative Parke L. Boneysteele Parke L. Boneysteele Personnel Committee County General Plan Review Lafayette and Walnut Creek CASA Executive Board CASA Legislative Committee CASA Evaluation Committee Advisory Committee Liaison Nels E. Carlson Capital Projects Committee Tri-Valley Wastewater Agency (TWA) IT Review Committee Concord and Pleasant Hill Liaison CASA Executive Board Committee William C. Dalton Budget and Finance Committee Solid Waste Commission Hazardous Waste Commission Martinez and Contra Costa County Liaison Susan H. McNulty Budget and Finance Committee Personnel Committee Orinda and Moraga Liaison John B. Cl ausen Capital Projects Committee Tri-Valley Wastewater Agency (TWA) Committee IT Review Committee Danville, Alamo, and San Ramon Liaison c. Member Boneysteel e reported on the County Pl anni ng Congress meeting and organization. d. Member Carlson reported on the District Landscape Committee meeti ng. The Committee has agreed to proceed on schedul e within the areas of the Trea'bnent Plant. However, the preliminary design will requi re further refinement. A presentation will be made to the full Board at a future Board meeting. XII. MATTERS FROM THE BOARD NOT ON THE PGENDA None XIII. ClOSED SESSION This item was taken out of order earlier in the agenda. 1 2 J"< 1 8: 86 254 ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION This item was taken out of order earlier in the agenda. xv. ADJ OORNMENT There being no further business to come before the Board, President Clausen adjourned the meeting at the hour of 10:08 p.m. /Y ,,- . /'7 ~ //' -~\ /' /,/ /" ( .~~/-/ø¡/ ~~ President of the Board of Directors, central Contra Costa Sanitary District, c County of Contra Costa, State of California COUNTERSIGNED: 12 18 86