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HomeMy WebLinkAboutBOARD MINUTES 03-17-77 1002 MINUTES OF A REGULAR BOARD MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT MARCH 17, 1977 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 1250 Springbrook Road, Walnut Creek, County of Contra Costa, State of California, on March 17, 1977 at 7:30 P.M. 1. ROLL CALL PRESENT: Members: ABSENT: Members: Mitchell, Rustigian and Boneysteele Gibbs (excused) Allan Member Gibbs had informed President Boneysteele that he would be away on business and wished to be shown as excused. Member Allan arrived at 7:45 P.M. II. APPROVAL OF MINUTES 1. MINUTES OF MARCH 3, 1977 After discussion, it was moved by Member Rustigian, seconded by Member Mitchell, that the minutes of March 3, 1977 be approved with the following corrections: Under "VI. OLD BUSINESS, 1. SELECTION OF APPLICANT TO FILL THE POSITION OF GENERAL MANAGER-CHIEF ENGINEER UPON RETIREMENT OF G. A. HORSTKOTTE, JR.", change the sixth paragraph to read as follows: "Member Mitchell disagreed with the content of Mr. Reagan1s statement, stating that this organization has been one of growth with great opportunity for District employee advancement. He therefore, felt that it was not fair to state that the Board1s decision would jeopardize the continuance of these opportunites." Under "V1. OLD BUSINESS, 3. SOLID WASTE COLLECTION WITHIN VALLEY COMMUNITY SERVICES DISTRICT", at the end of the second sentence of the second paragraph, omit the word "Disposal" and insert "ColTmunity Services District" instead. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian and Boneysteele None Gi bbs and A 11 an IlL APPROVAL OF EXPENDITURES After discussion, it was moved by Member Mitchell, seconded by Member Rustigian, that the expenditures including Sewer Construction Voucher Nos. 3057 through 3070, Running Expense Voucher Nos. 23759 through 23846 inclusive, Payroll Voucher Nos. 4375 through 4538 inclusive be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian and Boneysteele None Gi bbs and A 11 an President Boneysteele requested that staff present the expenditure list in the same manner as has been done previously. 03 17 77 1003 IV. HEARINGS None. V. BIDS None. President Boneysteele requested the Board digress from the order of the agenda to take up !lVII. NEW BUSINESS, ITEM 2". There were no objections. 2. AUTHORIZATION FOR FOUR PARCELS (P.A. 77-17,18, 19, & 20) TO BE INCLUDED IN PENDING ANNEXATIONS TO THE DISTRICT After discussion by Board Members and staff, it was moved by Member Mitchell, seconded by Member Rustigian, that authorization for the following four parcels be approved for inclusion in pending annexations: P.A. No. 77-17 (Walnut Creek), P.A. 77-18 (Walnut Creek), P. A. 77-19 (Martinez), and P.A. 77-20 (Alamo Oaks). Motion carried by the following vote: AYES: NOES: ABSENT: Members: Mitchell, Rustigian and Boneysteele Members: Non Gi bbs and Allan Before reverting to the agenda, President Boneysteele asked if there was anyone in the audience wishing to be heard on other matters. Mr. Mike Dempsey from Contra Costa Landscaping in Martinez, addressed the Board. His query was regarding using water from the Treatment Plant for landscaping. Mr. Dalton, Deputy General Manager-Chief Engineer, explained that the District cannot allow anyone to use effluent water until approval is received from the Regional Water Quality Control Board. Mr. Dalton went on to say that he does not anticipate the delivery of water until June or July of this year. President Boneysteele reverted to the order of the agenda. V1. OLD BUSINESS 1. REVIEW PROPOSED REORGANIZATION OF BLACKHAWK RANCH After discussion by Board Members, it was moved by Member Mitchell, seconded by Member Rustigian, that staff write a letter acknowledging the recommendations on the Draft Supplemental Environmental Impact Report for Blackhawk Ranch, as proposed by LAFCo, and request corrections to statements on pages 3 and 12. Motion carried by the following vote: AYES: Members: Mitchell, Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Member: Gibbs RESOLUTION APPOINTING ROGER J. DOLAN TO THE POSITION OF GENERAL MANAGER-CHIEF ENGINEER 2. After discussion, it was moved by Member Allan, seconded by President Boneysteele, that the resolution appointing Roger J. Dolan to the position of General Manager-Chief Engineer, effective April 1,1977, be adopted as presented. RESOLUTION NO. 77-56, A RESOLUTION APPOINTING ROGER J. DOLAN TO THE POSITION OF GENERAL MANAGER-CHIEF ENGINEER Motion carried by the following vote: AYES: Members: Mitchell, Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Member: Gibbs 03 1'1 77 1004 3. REVIEW OF FRED J. EARLY CLAIM Mr. Bohn, Special Counsel for the District, reviewed the Fred J. Early claim with the Board and staff. The claim totals $3,763,795, including $824,000+ retained by the District. Mr. Bohn recommends that this claim be referred to him for analysis and research. After discussion, it was moved by Member Allan, seconded by Member Rustigian, to accept the recommendation of the Special Counsel for the District and refer the matter to him for analysis, report and preparation of defense, and that Mr. Bohn be authorized to obtain confidential litigation services from Bechtel Inc., in connection with this claim and the litigation it represents. Motion carried by the following vote: AYES: Members: Mitchell, Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Member: Gibbs Member Mitchell queried Mr. Bohn as to whether he would be doing some of this work under his retainer. Mr. Bohn replied that he would keep track of his time and report back to the Board, and if it appears to be feasible, he will charge by the retainer rather than by the hour. Mr. Bohn added, however, that we are now becoming more active in Solid Waste, which may take a good deal of his time. VI1. NEW BUSINESS 1. ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT AND ADOPTION OF RESPECTIVE RESOLUTIONS AND AUTHORIZE RECORDING It was moved by Member Rustigian, seconded by Member Allan, that the easements, as listed below, be accepted at no cost to the District and that resolutions be adopted to that effect, and that its recordation be authorized. Grantor Job No. Parcel No. Gail Lundin Claude T. Lindsay, Inc. Ostrosky Enterprises and Roundhill Ostrosky Enterprises Ostrosky Enterprises and Roundhill Oaks Western Title Insurance Company Western Title Insurance Company Western Title Insurance Company Western Title Insurance Company Gertrude F. Stoops. Elliott Engineering Company Dame' Construction Company 409 2606 Oaks 2720 2720 2720 2795 2795 2795 2795 2798 2798 2836 3 2 3 4 5 3 4 5 6 1 2 1 RESOLUTION NO. 77-57, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM GAIL LUNDIN, WALNUT CREEK AREA, (JOB NO. 409 - PARCEL NO.3) RESOLUTION NO. 77-58, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM CLAUDE T. LINDSAY, INC., LAFAYETTE AREA, (JOB NO. 2606 - PARCEL NO.2) RESOLUTION NO. 77-59, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM OSTROSKY ENTERPRISES, A CORPORATION AND ROUNDHILL OAKS, A CORPORATION, ALAMO AREA, (JOB NO. 2720 - PARCEL NO.3) RESOLUTION NO. 77-60, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM OSTROSKY ENTERPRISES, A CORPORATION, ALAMO AREA, (JOB NO. 2720 PARCEL NO.4) 03 1'7 77 1005 RESOLUTION NO. 77-61, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM OSTROSKY ENTERPRISES, A CORPORATION AND ROUNDHILL OAKS, A CORPORATION, ALAMO AREA, (JOB NO. 2720 - PARCEL NO.5) RESOLUTION NO. 77-62, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM WESTERN TITLE INSURANCE CO., PLEASANT HILL AREA, (JOB NO. 2795 - PARCEL NO.3) RESOLUTION NO. 77-63, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM WESTERN TITLE INSURANCE CO., PLEASANT HILL AREA, (JOB NO. 2795 - PARCEL NO.4) RESOLUTION NO. 77-64, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM WESTERN TITLE INSURANCE CO., PLEASANT HILL AREA, (JOB NO. 2795 - PARCEL NO.5) RESOLUTION NO. 77-65, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM WESTERN TITLE INSURANCE CO., PLEASANT HILL AREA, (JOB NO. 2795 PARCEL NO.6) RESOLUTION NO. 77-66, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM GERTRUDE F. STOOPS, WALNUT CREEK AREA, (JOB NO. 2798 - PARCEL NO.1) RESOLUTION NO. 77-67, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM ELLIOTT ENGINEERING COMPANY, WALNUT CREEK AREA, "(JOB NO. 2798 -PARCEL NO.2) RESOLUTION NO. 77-68, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM DAME' CONSTRUCTION COMPANY, INC., A CALIFORNIA CORPORATION, SAN RAMON AREA, (JOB NO. 2836 - PARCEL NO.1) Motion carried by the following vote: AYES: Members: Mitchell, Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Member: Gibbs 2. AUTHORIZATION FOR FOUR PARCELS (P.A. 77-17,18, 19, & 20) TO BE INCLUDED IN PENDING ANNEXATIONS TO THE DISTRICT This item was acted upon earlier in the meeting as first item of business following "V.BIDS". 3. AUTHORIZATION TO EXECUTE CONSENT TO DEDICATION OF PUBLIC ROAD After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Rustigian, seconded by Member Allan that authorization to execute consent to dedication for public roads for Job No. 2443 be approved and that a resolution be adopted to that effect. RESOLUTION NO. 77-69, A RESOLUTION AUTHORIZING EXECUTION OF CONSENT TO DEDICATION FOR A COUNTY ROAD, JOB NO. 2443 Motion carried by the following vote: AYES: Members: Mitchell, Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Member: Gibbs AUTHORIZE $37,000 FOR GRADING AND PAVING WORK FOR THE SECOND 115 KV POWER SOURCE AT THE TREATMENT PLANT 4. Mr. Horstkotte, General Manager-Chief Engineer, reported that originally our Plant attempted an alternate source of power so that we would not be dependent on only one source of power. The additional pad is necessary to accommodate a new line that will come in from the east side of the plant. 03 1'7 77 "'."-"---"--"--------- 1006 After discussion, it was moved by Member Allan, seconded by Member Rustigian, that authorization for $37,000 as a drawing account for grading and paving work in construction of pad for the second 115 KV power source at the Treatment Plant. Motion carried by the following vote: AYES: NOES: ABSENT: 5. Members: Members: Member: Mitchell, Rustigian, Allan and Boneysteele None Gibbs AUTHORIZE PURCHASE OF CRANE TRUCK Mr. Horstkotte, General Manager-Chief Engineer, explained that as per Board instruction, a crane truck was acquired for use at the treatment plant on a lease-purchase option, permitting evaluation prior to purchase. This has proven to be a necessary and effective piece of equipment for plant operations. After discussion, it was moved by Member Rustigian, seconded by Member Allan, that authorization to purchase the crane truck from E. R. Bacon Company on the lease-purchase option, in the amount of $26,349.28 be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Mitchell, Rustigian, Allan and Boneysteele None Gibbs 6. AUTHORIZE $314,519.52 FOR STAGE 5A, PHASE II, AUXILIARY CONTRACT ACCOUNT C-06-0804 Mr. Horstkotte, General Manager-Chief Engineer, explained that this is a drawing account for administration of the treatment plant declorination facility contract previously authorized by the Board, of which 87-1/2% is recoverable. After discussion, it was moved by Member Mitchell, seconded by Member Rustigian, that authorization of $314,519.52 for the establishment of a Stage 5A, Phase II Auxiliary Contract, No. C-06-0804 construction account be approved. Motion carried by the following vote: AYES: NOES: ABSENT: 7. Members: Members: Member: Mitchell, Rustigian, Allan and Boneysteele None Gibbs RESOLUTION ADOPTING AN ELIGIBILITY LIST FOR OPERATOR III, (SOLIDS CONDITIONING) After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Allan, seconded by Member Mitchell, that the eligibility list for Operator III (Solids Conditioning) be adopted and a resolution to that effect also be adopted. RESOLUTION NO. 77-70, A RESOLUTION ADOPTING AN ELIGIBILITY LIST FOR OPERATOR III, (SOLIDS CONDITIONING) Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Mitchell, Rustigian, Allan and Boneysteele None Gibbs Member Mitchell requested that oral and written scores be shown on the eligibility list. 03 17 77 1007 8.. APPOINTMENT OF DAVID KERLIN TO THE POSITION OF OPERATOR III, 1S0LIDS CONDITIONING) RANGE 62-A ($1,289-$~) After discussion by Board Members, it was moved by Member Rustigian, seconded by Member Allan, that David Kerlin be appointed to the position of Operator III, (Solids Conditioning), Range 62-A ($1,289-$1,560) and that a resolution be adopted to that effect. RESOLUTION NO. 77-71, A RESOLUTION APPOINTING DAVID KERLIN TO THE POSITION OF OPERATOR III (SOLIDS CONDITIONING) Motion carried by the following vote: AYES: Members: Mitchell, Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Member: Gibbs 9. TEMPORARY APPOINTMENT OF JULIE LOPEZ TO THE POSITION OF RECORDS CLERK, RANGE 46-A ~1,066) EFFECTIVE 3/1/77 After discussion, it was the consensus of the Board to defer this item until March 31 and at that time to have staff submit a request for authorization to hold an examination for the position of Records Clerk and establish an eligibility list. 10. CLAIM OF MICHAEL S. PARLOW OF VAN NUYS, CA., FOR $400 IN VEHICLE PROPERTY DAMAGE After discussion, it was moved by Member Mitchell, seconded by Member Rustigian, to authorize payment for the claim of Michael S. Parlow in the amount of $400 for damage to Mr. Parlow's automobile caused by a protruding manhole cpver in Arbolado Court, Orinda. Motion carried by the following vote: AYES: Members: Mitchell, Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Member: Gibbs 11. CLAIM OF L. R. LYNCH FOR PROPERTY DAMAGE AT LAVON'S LUNCH WAGON AT 1311 PINE STREET AND RESIDENCE AT 1326 WILLOW STREET, MARTINEZ IN THE AMOUNT OF $5,257.44 After discussion, it was moved by Member Rustigian, seconded by Member Mitchell, to deny the claim and refer it to our insurance carrier. Motion carried by the following vote: AYES: Members: Mitchell, Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Member: Gibbs 12. REVIEW AND APPROVAL OF CERTAIN BILLS FOR LITIGATION SERVICES Due to the absence of Member Gibbs, this item was deferred for action to March 31, 1977. 13. ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA None. VII I. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Horstkotte reported that Worthington Pump has reimbursed the District for approximately $4,000 of expenses incurred in attending the witness test in Scotland. 03 17 77 ",--------------"""-""'" " 1008 b. Mr. Horstkotte advised that the PUC has approved the additional gas allocation for the Treatment Plant with certain reservations. Mr. Horstkotte expressed that there had been considerable special effort applied to this matter and commended Mr. Bohn, Special Counsel for the District and himself for the presentations made to the PUC and PG&E to attain this allocation approval. c. Mr. Horstkotte requested that Mrs. Deborah Barone be granted a sixmonth maternity leave commencing October 1, 1977. After discussion, it was moved by Member Allan, seconded by Member Rustigian, that authorization for Mrs. Deborah Barone to take a six month maternity leave be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Mitchell, Rustigian, Allan and Boneysteele None Gibbs d. Mr. Horstkotte directed the Board's attention to the 1976 Maintenance Report. He complimented the Maintenance Department for their diligence and excellent work in accomplishing this high standard for maintaining the District sewerage system. Member Allan stated that he would like to have a copy of the Annual Maintenance Report sent to Mr. Bob Brugge of East Yolo Community Service District because of his expressed interest in the maintenance TV equipment. It was moved by Member Rustigian, seconded by Member Allan, that the Annual Maintenance Report be acknowledged and that the Maintenance Department be commended for a job well done. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Mitchell, Rustigian, Allan and Boneysteele None Gibbs Mr. Horstkotte then expressed his sincere gratitude and appreciation to all the Board Members and District employees for the support and assistance given to him during his tenure as General Manager-Chief Engineer. President Boneysteele thanked Mr. Horstkotte and on behalf of the Board read a resolution commending Mr. Horstkotte for his service to the Central Contra Costa Sanitary District. President Boneysteele stated that this resolution expresses the gratitude and affection of the District Board and employees and extended his best wishes to Mr. Horstkotte on his pending retirement. After further discussion, it was moved by Member Rustigian, seconded by Member Allan, that the resolution commending Mr. G. A. Horstkotte, Jr. for his service to the Central Contra Costa Sanitary District be adopted. RESOLUTION NO. 77-72, A RESOLUTION COMMENDING G. A. HORSTKOTTE, JR. FOR HIS SERVICE TO THE CENTRAL CONTRA COSTA SANITARY DISTRICT Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Mitchell, Rustigian, Allan and Boneysteele None Gibbs 2. COUNSEL FOR THE DISTRICT None. 03 17 77 1009 3. SPECIAL COUNSEL FOR THE DISTRICT None. 4. SECRETARY None. 5. COMMITTEES None. IX. MATTERS FROM THE FLOOR a. Member Rustigian informed the Board that he will not be able to attend the meetings of March 31 and April 7, 1977. b. Member Mitchell stated that he might not be able to attend the meeting of April 7, 1977. c. Member Allan advised the Board that he will be out of the country from April 28 through May 31, 1977, and therefore, will not be able to attend the last meeting in April and all the meetings in May. d. Member Allan gave CAS A meeting material to Mr. Carniato, District Counsel, for his review. e. After discussion, it was moved by Member Allan, seconded by Member Rustigian, that Roger J. Dolan, General Manager-Chief Engineer appointee, be authorized actual expenses to attend the California Water Pollution Control Association Conference in San Francisco on April 5, 1977; and in Anaheim on April 26-28, 1977. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Mitchell, Rustigian, Allan and Boneysteele None Gibbs X. ADJOURNMENT At 8:55 P.M., President Boneysteele adjourned the meeting to 7:30 P.M., March 31, 1977. COUNTERSIGNED: ..--'" 03 17 77 --,._-----,,---------' _.,----