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HomeMy WebLinkAboutBOARD MINUTES 09-15-77 1125 MINUTES OF A REGULAR BOARD MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD SEPTEMBER 15, 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 September 15,1977 at 7:48 P.M. I. ROLL CALL PRESENT: Members: Campbell and Boneysteele ABSENT: Members: Carlson, Allan and Rustigian President Boneysteele requested that the minutes reflect the late start of the meeting was due to lack of a quorum. He then established an Ad Hoc Committee comprised of Member Campbell and himself to review the business on the Agenda and submit a committee report recommending action. The report to be considered later in the meeting or at a future meeting when a quorum is present. AD HOC COMMITTEE REVIEW OF BUSINESS AND RECOMMENDATIONS II. APPROVAL OF MINUTES l. 2. MINUTES OF THE MEETING OF AUGUST 25, 1977 MINUTES OF THE MEETING OF SEPTEMBER 1,1977 After discussion, the Committee recommendation to the Board was "00 Pass" with the following additions and deletions. In the minutes of August 25, 1977, under "VI. OLD BUSINESS 3. ADOPT RESOLUTION CERTIFYING THE FINAL EIRIEIS AND APPROVING STAGE 5B TREATMENT PLANT ENLARGEMENTS PROJECTS", add the following sentences to the end of the third paragraph. "Because there was insufficient time to process an EIS and because the EPA felt there was no significant adverse environmental impact, the EPA intended to proceed with a Negative Declaration in lieu of an EIS. For that reason, Gilbert and Associates were directed to issue an EIR by modifying the volume they have already prepared, eliminating any reference to an EIS. II Under "VI. OLD BUSINESS, 4. POLICY FOR PAYMENT OF ACCUMULATED VACATION TIME", strike out the penultimate paragraph. In the minutes of September 1,1977, under "VI. OLD BUSINESS, 2. REVEIW APPRAISAL OF UPPER ORINDA PUMP SITE AND MAKE DETERMINATION REGARDING SALE OF PARCEL",strike out the paragraph following the vote. III. APPROVAL OF EXPENDITURES After review, the Committee recommended liDo Pass" for approval of expenditures including Sewer Construction Voucher Nos. 3137 through 3146 inclusive, along with Vouchers Nos. 205 through 207 and 226 through 237 inclusive; Running expense Voucher Nos. 1583 through 1820 inclusive, along with Voucher Nos. 1840 through 1990 inclusive; and Payroll Voucher Nos. 694 to 898 inclusive. 09 15 77 1126 IV. HEARINGS None. v. BIDS 1. BUDGET AUTHORIZED 10 WHEEL DUMP TRUCK Mr. Dolan, General Manager-Chief Engineer, advised that there were two bids received as follows: Parker-Robb Chevrolet Rett-White Ford $33,176.75 35,621.06 Mr. Dolan recommended a.cceptanceof the low bid from Parker-Robb Chevrolet for the 10 Wheel Dump Truck, expenditure authorized in 1977-78 budget. Committee recommendation: Do Pass VI. OLD BUSINESS 1. REPORT BY JOHN BOHN, SPECIAL COUNSEL FOR THE DISTRICT a. SUMMARY REPORT OF EARLY LITIGATION REPORT ON STATUS OF GARBAGE NEGOTIATIONS b. Mr. Bohn requested that both items be deferred to October 6, at which time he will have both reports submitted in writing to the General Manager-Chief Engineer. Mr. Bohn did state that the existing Coordinating Body would in fact be reconstituted as the "Management Agency". Mr. Dolan, General Manager-Chief Engineer, commended Mr. Bohn on the results of his efforts to expose weaknesses and difficulties with the "Joint Powers Agreement" concept. *********************** Member Allan arrived at 8:08 and explained that his late arrival resulted from a traffic delay on the Bay Bridge. After explanation to Member Allan of what had transpired prior to his arrival, President Boneysteele dissolved the Ad Hoc Committee and at 8:10 P.M., convened the Regular Board Meeting and requested the Secretary to ca 11 ro 11 . I. ROLL CALL PRESENT: Members: ABSENT: Members: Campbell, Allan and Boneysteele Carlson and Rustigian Member Rustigian was excused due to a death in his family. Member Carlson had previously requested to be shown as excused due to a business commitment. II. APPROVAL OF MINUTES After explanation of the Ad Hoc Committee recommendations, it was moved by Member Campbell, seconded by Member Allan, that the minutes of August 25, 1977 and September 1, 1977 be approved as recommended. 09 15 77 1127 Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: III. Campbell, Allan and Boneysteele None Carlson and Rustigian APPROVAL OF EXPENDITURES After discussion and notation of the Ad Hoc Committee recommendation, it was moved by Member Campbell, seconded by President Boneysteele, that the expenditures be approved. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: None. 1. Campbell, Allan and Boneysteele None Carlson and Rustigian IV. HEARINGS V. BIDS BUDGET AUTHORIZED 10 WHEEL DUMP TRUCK After discussion, and notation of the Ad Hoc Committee recommendation, it was moved by Member Campbell, seconded by Member Allan that the bid from Parker-Robb Chevrolet for the 10 wheel dump truck in the amount of $33,176.75 be accepted. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: 1. ,/ Campbell, Allan and Boneysteele None Carlson and Rustigian VI. OLD BUSINESS REPORT BY JOHN BOHN, SPECIAL COUNSEL FOR THE DISTRICT a. b. SUMMARY REPORT OF EARLY LITIGATION REPORT ON STATUS OF GARBAGE NEGOTIATIONS 2. These items were deferred to the meeting of October 6. SUBSTITUTIONS OF ATTORNEY FOR THE EARLY CASE After explanation by Mr. Carniato, District Counsel, it was moved by Member Allan, seconded by Member Campbell, that the agreement consenting to the substitution of John J. Carniato in the place of John A. Bohn as the attorney representing the District in the Fred J. Early case be approved. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Allan and Boneysteele None Carlson and Rustigian 3. ACCEPTANCE OF DEED FOR PARCEL PURCHASED FROM BARTO Mr. Carniato reviewed the action taken by the Board at the meeting of July 7,1977, authorizing him to negotiate and purchase for the District the property adjacent to the Orinda Crossroads Pumping Station and he is now requesting Board's acceptance of the Deed. After discussion, it was moved by Member Campbell, seconded by Member Allan, that the District Board accept the deed for the parcel purchased from BARTD and a resolution be adopted to that effect. 09 15 77 1128 RESOLUTION NO. 77-269, A RESOLUTION OF ACCEPTANCE OF DEED FROM BARTD FOR PROPERTY PURCHASED ADJACENT TO ORINDA CROSSROADS PUMPING STATION Motion carried by the following vote: AYES: Members: Campbell, Allan and Boneysteele NOES: Members: None ABSENT: Members: Carlson and Rustigian 1. VII. NEW BUSINESS ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT AND ADOPTION OF RESPECTIVE RESOLUTIONS AND AUTHORIZE RECORDING After discussion, it was moved by Member Allan, seconded by Member Campbell, that easements, as listed below, (including the easements from the Supplemental Agenda), be accepted at no cost to the District and that respective resolutions be adopted to that effect and their recordation be authorized. Grantor Job No. Parcel No. James E. Keogh, et ux 2322 1 Brookside Ranch Co. 2885 1 A. David Cobo 2831 2 Interland Executive Park 2524 1 K. H. K. Boettger, et ux 2942 1 M. Renslo, et ux 2942 2 R. J. Townsend, et ux 2942 3 RESOLUTION NO. 77-270, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM JAMES E. KEOGH, JR. AND BETTY KEOGH, JR., ORINDA AREA (JOB NO. 2322 - PARCEL NO.1) RESOLUTION NO. 77-271, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM BROOKSIDE RANCH COMPANY, WALNUT CREEK AREA (JOB NO. 2885 PARCEL NO.1) RESOLUTION NO. 77-272, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM A. DAVID COBO & DOROTHY D. COBO, LAFAYETTE AREA (JOB NO. 2831, PARCEL NO.2) RESOLUTION NO. 77-273, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM INTERLAND EXECUTIVE PARK - WALNUT CREEK, WALNUT CREEK AREA (JOB NO. 2524, PARCEL NO.1) RESOLUTION NO. 77-274, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM KURT H. K. BOETTGER AND DARLENE M. BOETTGER ORINDA AREA (JOB NO. 2942 - PARCEL NO.1) RESOLUTION NO. 77-275, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM MORTEN RENSLO AND HILDA RENSLO, ORINDA AREA, (JOB NO. 2942 - PARCEL NO.2) RESOLUTION NO. 77-281, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM RICHARD J. TOWNSEND AND INEZ TOWNSEND ORINDA AREA, (JOB NO. 2942 - PARCEL NO.3) Motion carried by the following vote: AYES: Members: Campbell, Allan and Boneysteele NOES: Members: None ABSENT: Members: Carlson and Rustigian 2. ACCEPTANCE OF TEMPORARY WORKING EASEMENTS, JOB NO. 2742, LOCATED ALONG EASTERN SIDE OF SPRR NURIH U~ SAN KAMUN, AI A cosr OF $100 EACH TO THE DISTRICT, ADOPT RESPECTIVE RESOLUTIONS AND AUTHORIZE RECORDING Mr. Carniato, District Counsel, advised that he will be making a report on this Job regarding those easements that may have to be condemned 09 15 7'( 1129 because of property owners refusal to grant a temporary working easement. After discussion, it was moved by Member Allan, seconded by Member Campbell, that the temporary working easements, as listed below, be accepted at a cost of $100 each, respective resolutions adopted to that effect and their recordation authorized. Grantor Job No. Parcel No. J. W. Burroughs, et ux M. E. Tobin Frank Vyskocil, et ux 2742 2742 2742 10 20 16 RESOLUTION NO. 77-276, A RESOLUTION ACCEPTING A TEMPORARY WORKING EASEMENT FROM JOHN W. BURROUGHS AND DIANNE K. BURROUGHS, JOB NO. 2742, PARCEL NO. 20, AT A COST OF $100 TO THE DISTRICT RESOLUTION NO. 77-277, A RESOLUTION ACCEPTING A TEMPORARY WORKING EASEMENT FROM MICHAEL E. TOBIN AND MARY P. TOBIN, JOB NO. 2742, PARCEL NO. 10, AT A COST OF $100 TO THE DISTRICT RESOLUTION NO. 77-278, A RESOLUTION ACCEPTING A TEMPORARY EASEMENT FROM HENRY FRANK VYSKOCIL AND LINDA LEE VYSKOCIL, JOB NO. 2742, PARCEL NO. 16, AT A COST OF $100 TO THE DISTRICT Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Allan and Boneysteele None Carlson and Rustigian 3. AUTHORIZATION FOR TWO PARCELS, P.A. 77-40 DANVILLE AREA AND 77-41 ALAMO AREA TO BE INCLUDED IN PENDING ANNEXATIONS TO THE DISTRICT Member Allan suggested a study session at a future date to further discuss the flow capacity at the Treatment Plant as it relates to annexation of new properties. Mr. Dolan, General Manager-Chief Engineer stated that the District's EIRIEIS on the Plant Expansion Project (including the energy plan), is based on population projection of E-O and that the District is committed to aid in the implementation of the ABAG Bay Area Air Quality Maintenance Plan. ABAG's plan is based on a higher growth rate than E-O. Further documentation will be forthcoming on this matter. After further discussion, it was moved by Member Allan, seconded by Member Campbell, that authorization for two parcels, P.A. 77-40 (Danville Area) and P.A. 77-41 (Alamo Area) to be included in pending annexations to the District be approved. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Allan and Boneysteele None Carlson and Rustigian /I '-to AUTHORIZATION FOR ROGER J. DOLAN AND DAVID G. NILES TO ATTEND THE WATER POLLUTION CONTROL FEDERATION 50TH ANNUAL CONFERENCE After discussion, it was moved by Member Allan, seconded by Member Campbell, that Roger J. Dolan, General Manager-Chief Engineer, and David G. Niles, Manager-Plant Operations, be authorized travel, registration and actual exprense to attend the Water Pollution Federation Conference, October 2-7,1977 in Philadelphia, Pa. Motion carried by the following vote: 09 15 77 1130 09 AYES: Members: NOES: Members: ABSENT: Members: Campbell, Allan and Boneysteele None Carlson and Rustigian 5. AUTHORIZE ROGER J. DOLAN TO ATTEND THE MEETING OF THE CALIFORNIA WATER POLLUTION CONTROL ASSOCIATION IN LOS ANGELES, SEPTEMBER 23-24, 1977 After discussion, it was moved by Member Allan, seconded by Member Campbell, that Mr. Dolan, General Manager-Chief Engineer, be authorized travel, registration and actual expenses to attend the CWPCA Governing Board meeting, September 23-24, 1977. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Allan and Boneysteele None Carlson and Rustigiall 6. AUTHORIZATION TO APPOINT MICHAEL J. HENNESSY TO THE POSITION OF MAINTENANCE ELECTRICIAN TECHNICIAN III, R 65-A, $1,384, EFFECTIVE OCTOBER 1, 1977 After discussion, it was moved by Member Allan, seconded by Member Campbell, that authorization to appoint Michael Jude Hennessy to the position of Maintenance Electrician Technician III, Range 65-A, effective October 1, 1977 be approved and a resolution be adopted to that effect. RESOLUTION NO.77-279, A RESOLUTION APPOINTING MICHAEL J. HENNESSY TO THE POSITION OF MAINTENANCE ELECTRICIAN TECHNICIAN III Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Allan and Boneysteele None Carlson and Rustigian 7. ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA REVIEW AND APPROVAL OF CERTAIN BILLS FOR LITIGATION SERVICES a. It was moved by Member Allan, seconded by Member Campbell, that the statement from John J. Carniato, dated September 8, for professional services rendered in the cases of EBMUD vs. CCCSD and CCCSD vs. Peterson Simpson, totalling $2,475 be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Allan and Boneysteele None Carlson and Rustigian b. ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT AND ADOPTION OF RESPECTIVE RESOLUTIONS AND AUTHORIZE RECORDING This item was acted upon under "VII. NEW BUSINESS, 1. ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT AND ADOPTION OF RESPECTIVE RESOLUTIONS AND AUTHORIZE RECORDING VIII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan gave a progress report on the various departments for the month of August. Maintenance Department - 41 miles of mainline sewer were cleaned, 31,000 feet of new sewer line televised and 976 feet of old sewer line restored. 15 71, 1131 Engineering Department - 53,000 feet of new pipe connected to the District system (30,000 being public sewers). Connections in August dropped off from previous month and from August 1976. Administration - Application made for Step 3 Grant Funding for the Stage 5B-I expansion. Environmental Assessment Statement of the EPA for Project 5B-Phase I was published on September 9, and the review period ends on September 30, which is also the deadline for Grant Funding procedures. Mr. Dolan distributed copies of the EPA environmental review. ABAG is considering the EPA Negative Declaration on the 5B-I EIR this evening, September 15. b. Gregory Gardens - Mr. Dolan reported that the District had been aware of the flow capacity limitations in our system at the Gregory Gardens Water District connection. Therefore, a clause was inserted in our contract with the Water District requiring them to restrict their filter backwash flow rate into the sewer. Gregory Gardens Water District indicated that their discharge rate would be 750 gpm. This rate seemed unrealistic and CCCSD requested a hydraulic test. The test proved that their discharge rate is too great for the sewer to accept, and Central San instructed Gregory Gardens to install an orifice flow restrictor to limit their discharge rate to the capacity of the sewer in the vicinity of the connection. The Water District's request to operate at a reduced rate and without a low restrictor was refused. The District will schedule another test to determine the size of the orifice required. c. Mr. Dolan reported that Lee Saylor, Inc. is working on the estimate of time and cost to complete 5A-I. They have been asked for a cost of their work and have indicated that they will have an estimate in time for the October 6 Board Meeting. d. Mr. Dolan advised that he, along with David Niles, Manager- Plant Operations and Mr. Carniato, District Counsel, had met with Peterson-Simpson to review the status of their claim; and subsequently, met with Kahn & Associates to review their progress in developing a CPM ana lys i s of the Peterson-S impson work. e. Mr. Dolan gave a progress report on the 5A-Phase I Plant Expansion project. The boilers are in operation and it is anticipated the Administration Building is scheduled for occupancy within three weeks. Secondary facility start-up is scheduled for mid October, operating on canal water. The furnaces should begin operation in late October. 2. COUNSEL FOR THE DISTRICT a. Mr. Carniato reported that the District is still encountering problems with the Air Pollution Control Board. We have been fined for two more odor violations. These fines are for hydrogen sulphide violations, which are different from violations of the past. Mr. Carniato recommended that the District pay these fines and advise the Air Pollution Control Board that we are in the process of correcting these situations and do not anticipate accepting any further liability for these conditions until corrective work can be completed. After discussion, it was moved by Member Allan, seconded by Member Campbell, that authorization to pay the fines to the Air Pollution Control Board be approved subject to Counsel's descretion and that District Counsel advise them of the District's position in the matter. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Allan and Boneysteele None Carlson and Rustigian 09 15 77 1132 b. Mr. Carniato reported on the progress of the District Employees I Deferred Compensation Plan. As of October 6, there will be an amended Deferred Compensation Plan presented, the amendment being that it will be voluntary for all employees to join. Employees who wish to participate may do so by contributing a nominal monthly deduction to the fund. It is anticipated that Hartford Insurance Company will be managing the plan. John lePage, Member of the Deferred Compensation Plan Committee, stated that Dean Witter will be the agent and assist Hartford in setting up the procedures. c. Mr. Carniato advised that there are some problems that may be encountered in obtaining Permanent and Temporary Working Easements for Job No. 2742, San Ramon. Mr. Carniato intends to write the property owners that if they do not comply, he will obtain a court order requiring them to remove any structures that are in the way. He is advising the Board that there may be some litigation as a result of the letter. d. Mr. Carniato advised that in regard to the District elections, the incumbents were the only persons who filed. Therefore, the County Board of Supervisors will make the appointments in lieu of an election. He will send a letter to the County outlining Member Carlson's position, which in all probability will be forwarded to County Counsel. e. Mr. Carniato reminded the Board of the Condemnation Hearing scheduled for October 6. Mr. Carniato requested an executive session later in the meeting to take up personnel and potential litigation matters 3. SPECIAL COUNSEL FOR THE DISTRICT None. 4. SECRETARY None. 5. COMMITTEES None. IX. MATTERS FROM THE FLOOR President Boneysteele informed the Board and staff, that Member Rustigian's father-in-law, Mr. Paul Agajan, has passed away and he requested that the Board adopt a resolution expressing their condolences to Mr. and Mrs. Rustigian. It was moved by Member Allan, seconded by Member Campbell, that a resolution expressing the Board's condolences to the Rustigian family be adopted. RESOLUTION NO. 77-280, A RESOLUTION EXPRESSING CONDOLENCES TO THE RUSTIGIAN FAMILY IN THEIR HOUR OF LOSS Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Allan and Boneysteele None Carlson and Rustigian At 9:15 p.m., President Boneysteele recessed the meeting. At 9:20 p.m., President Boneysteele reconvened the meeting and declared an executive session to discuss personnel and potential litigation matters. 09 15 717 1133 At 10:27 p.m., President Boneysteele closed the executive session. x. ADJOURNMENT At 10:28 p.m., President Boneysteele adjourned the meeting, .- "-- ,; COUNTERSIGNED: OJ Secn tary of he D' trict Board of the Central Contra Cos a Sanitary District, County of Contra Costa, State of California 09 15 77 ------"- . ----------..------.------ ---------.