Loading...
HomeMy WebLinkAboutBOARD MINUTES 12-15-77 1185 MINUTES OF A REGULAR BOARD MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD DECEMBER 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 December 15, 1977 at 7:41 P.M. President Allan requested the Secretary to call roll. I. ROLL CALL PRESENT: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan ABSENT: Members: None President Allan requested that the Board depart from the Agenda to make a presentation to Member Boneysteele. President Allan proposed a resolution commending Member Boneysteele for the expertise and fairness he displayed during the three years he officiated as President of the District Board. It was moved by Member Rustigian, seconded by Member Carlson, that the resolution commending Member Boneysteele be adopted. RESOLUTION NO. 77-379, A RESOLUTION COMMENDING PARKE L. BONEYSTEELE FOR HIS SERVICE TO THE CENTRAL CONTRA COSTA SANITARY DISTRICT Motion carried by the following vote: AYES: Members: NOES: Members: ABSTAINING: Member: ABSENT: Members: Campbell, Rustigian, Carlson and Allan None Boneysteele None President Allan then presented to Member Boneysteele a plaque, on behalf of the Board, recognizing his service as President of the Board. Member Boneysteele expressed his deep felt thanks to the Board Members for this tribute. President Allan reverted to the order of the agenda. II. APPROVAL OF MINUTES MINUTES OF THE MEETING OF NOVEMBER 22,1977 1. It was moved by Member Boneysteele, seconded by Member Rustigian, that the minutes of November 22 be approved with the following addition. Under "V!. OLD BUSINESS, 3. POLICY AND PROCEDURE II in the seventh paragraph, beginning with "Board Members", insert the word "Two" at the beginning of the sentence. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Boneysteele, Carlson, Rustigian and Allan None None MINUTES OF THE MEETING OF DECEMBER 1,1977 2. It was moved by Member Boneysteele, seconded by Member Rustigian, that the minutes of December 1,1977 be approved as presented. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Boneysteele Rustigian, Carlson and Allan None None 12 15 77 1186 III. EXPENDITURES After review of the Expenditures, it was moved by Member Rustigian, seconded by Member Carlson, that the expenditures for Sewer Construction Voucher Nos. 3191 through 3212 inclusive; along with Sewer Construction Voucher Nos. 258 through 271 inclusive; Running Expense Voucher Nos. 2238 through 2241, 2402 through 2486,2337 and 2345, along with Voucher Nos. 2504 through 2675; and Payroll Voucher Nos. 1277 through 1454 inclusive, be approved. Motion carried by the following vote: AYES: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan NOES: Members: None ABSENT: Members: None IV. HEARINGS None. V . BIDS None. v!. OLD BUSINESS None. VI I. NEW BUSINESS 1. ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT AND ADOPTION OF RESPECTIVE RESOLUTIONS AND AUTHORIZE RECORDING After discussion, it was r¡loved by t~embet. Rustigian, seconded by Member Boneysteele that the easements, as listed below, be accepted at no cost to the District and that respective resolutions be adopted and their recordation authorized. Grantor Job No. Parcel Joseph V. Lipovac, et ux Richard E. Seastrom Vermillion Development Corp Peter J. Frumenti Peter J. Frumenti 2884 2884 2406 2488 2488 1 R-l 2 R-l 2 2 3 RESOLUTION NO. 77-380, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM JOSEPH V. LIPOVAC AND JOYCE L. LIPOVAC, ORINDA AREA, (JOB NO. 2884 - PARCEL NO. L R-l) RESOLUTION NO. 77-381, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM RICHARD E. SEASTROM, ORINDA AREA, JOB NO. 2884 - PARCEL NO.2 R-l RESOLUTION NO. 77-382, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM VERMILLION DEVELOPMENT CORP., PLEASANT HILL AREA, (JOB NO. 2406 - PARCEL NO.2) RESOLUTION NO.77-383, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM PETER J. FRUMENTI, DANVILLE AREA, JOB NO. 2488 - P RCEL NO.2 RESOLUTION NO.77-384, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM PETER J. FRUMENTI, DANVILLE AREA, JOB NO. 2488 - PARCEL NO.3 Motion carried by the following vote: AYES: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan NOES: Members: None ABSENT: Members: None 12 15 77 1187 2. AUTHORIZE EXECUTION OF QUITCLAIM DEEDS AND THEIR RECORDING After discussion, it was moved by Member Boneysteele, seconded by Member Campbell, that authorization to execute Quitclaim Deeds to those persons listed below be approved, respective resolutions adopted and their recording authorized. Grantor Job No. Parcel No. Joseph V. Lipovac, et ux Richard E. Seastrom Walter H. Herkal, Jr. 2884 2884 21057 1 2 Misc. UITCLAIM DEED TO 2884- RESOLUTION NO. 77-386, A RESOLUTION AUTHORIZING EXECUTION OF QUITCLAI~t DEED TO RICHARD E. SEASTROM, ORINDA AREA, (JOB NO. 2884-PARCEL NO.2) RESOLUTION NO. 77-387, A RESOLUTION AUTHORIZING EXECUTION OF UITCLAIM DEED TO WALTER H. HERKAL, JR. AND DALEMARIE HERKAL DANVILLE AREA, JOB NO. 2057- PARCEL NO. MISC. . AUTHORIZE CONSENT TO DEDICATION TO CONTRA COSTA COUNTY OVER A PORTION OF DISTRICT EASEMENT IN CELAYA CIRCLE, SAN RAMON AREA 3. After explanation by Mr. Hopkins, Secretary of the District, it was moved by Member Boneysteele, seconded by Member Rustigian, that authorization to execute Consent to Dedication to Contra Costa County over a portion of District easement in Celaya Circle, San Ramon area, be approved and a resolution adopted to that effect. RESOLUTION NO. 77-388, A RESOLUTION AUTHORIZING EXECUTION OF CONSENT TO DEDICATION TO CONTRA COSTA COUNTY OVER A PORTION OF DISTRICT EASEMENT CELAYA, CIRCLE, SAN RAMON AREA (JOB NO. 2862-PARCEL NO.5) Motion carried by the following vote: AYES: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan NOES: Members: None ABSENT: Members: None AUTHORIZATION FOR TWO PARCELS P.A. 77-49, WALNUT CREEK AND P.A. 77-50, ALAMO AREA, TO BE INCLUDED IN PENDING ANNEXATIONS TO THE DISTRICT 4. After explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Boneysteele, seconded by Member Campbell, that authorization for P.A. 77-49, Walnut Creek area and P.A. 77-50, Alamo area, to be included in pending annexations to the District be approved. Motion carried by the following vote: AYES: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan NOES: Members: None ABSENT: Members: None 5. CONFIRM "AMENDED ASSESSMENT DIAGRAM" AND AUTHORIZE RECORDING OF SAID DIAGRAM After explanation, it was moved by Member Rustigian, seconded by Member Carlson, that the Amended Assessment Diagrams for the following assessments be confirmed and authorization for recording of said diagrams be approved. Original Assessment Number Apportioned Amount Amended Assessment No. 52-7-9-1 52-7-9-2 52-7-9-20 $7,445.15 52-7-10-2 52-7-10-7 52- 7-9-21 -22 -23 2,888.58 2,888.58 2,888.58 12 15 77 ------------" "----"----- 1188 Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: 6. Campbell, Boneysteele, Rustigian, Carlson and Allan None None AGREEMENT RELATING TO REAL PROPERTY WITH VERMILLION DEVELOPMENT CORPORATION, LOTS 16 AND 17 OF SUBDIVISION 4811 LOCATED NORTH OF MORELLO AVENUE IN PLEASANT HILL, JOB NO. 2406 AND JOB NO. 1946 Mr. Carniato, District Counsel, explained that this matter was previously discussed by staff and developer. Pursuant to District policy not to allow any building over a sewer line, permission to build a patio and fencing was denied. However, it was subsequently learned that an easement had not been granted to the District for the existing sewer line. Therefore, Vermillion Development Corporation has dedicated the required easement to the District with the understanding that they be allowed to construct minor improvements over the easement. Normally, if the line were to serve only that particular property, it would be considered their private line. However, this is a down-stream property and the line will be serving other properties above. After further discussion, it was moved by Member Rustigian, seconded by Member Carlson, that authorization for the President and Secretary to execute the Agreement Relating to Real Property be approved and its recording authorized. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None AUTHORIZE $70,000 FOR PREPARATION OF PLANS, SPECIFICATIONS AND ACQUISITION OF RIGHTS-OF-WAY FOR DSP 2970 A WATERSHED TRUNK SEWER ALONG TASSAJARA ROAD, DANVILLE 7. Mr. Dolan, General Manager-Chief Engineer, explained that Bryan and Murphy, engineers for Blackhawk Development, have requested that the District design the sewer project to serve Phase III of the development. They have advanced $70,000 of their anticipated Watershed fees to finance the District engineering and rights-of-way acquisition work. When the plans are completed, the Developer will be given the option of constructing the project under their own contract or financing the project and have the work done under District contract. After discussion, it was moved by Member Carlson, seconded by Member Rustigian, that authorization to establish a DSP account in the amount of $70,000 to cover design, preparation of plans, specifications and acquisition of rights-of-way be approved. Motion carried by the fo 11 owi ng vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Boneysteele, Rustigian,Carlson and Allan None None 8. AUTHORIZE $10,000 FOR THE PREPARATION OF PLANS AND SPECIFICATIONS FOR DSP 2981, A WATERSHED 29 SO. TRUNK SEWER LINE IN STEWART AVENUE, WALNUT CREEK After explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Boneysteele, seconded by Member Campbell, that authorization to transfer $10,000 from the Watershed 29 South account to an account established for District Sewering Project 2981 for preparation of plans and specifications be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: 12 15 77 Campbell, Boneysteele, Rustigian, Carlson and Allan None None 1189 9. AUTHORIZATION OF $2,000 FOR EQUIPMENT AND SUPPLIES NECESSARY FOR THE ESTABLISHMENT OF PLANT OPERATIONS DEPARTMENT ENGINEERING DIVISION DRAFTING ROOM Member Boneysteele questioned the feasibility of having an Engineering Division at the Treatment Plant. Mr. Dolan, General Manager-Chief Engineer explained that the equipment requested is to enable the field inspectors to complete the lias built" drawings. The type of engineering work done is related to the plant construction, and therefore, not the same as the wòrk performed by the Engineering Department at the District Office. Member Campbell questioned whether there would be a continual flow of these requests as start-up of the Plant progresses. Mr. Dolan explained that there probably would be more requests as we proceed with the start-up. He pointed out that the anticipated expenditures were covered in the budget. This expenditure and others that will be ,requested are items that are needed but not planned. Often because it was erroneously expected that the contractor would be required to provide the item. After discussion, it was moved by Member Rustigian, seconded by Member Campbell, that authorization of $2,000 for purchase of equipment and supplies necessary for the establishment of Plant Operations Department, Engineering Division drafting room be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None 10. APPROVAL OF BILLS FOR LITIGATION COSTS AND SERVICES After explanation and discussion, it was moved by Member Rustigian, seconded by Member Carlson, that the statements dated December 2,1977 from John J. Carniato for professional services rendered during November, 1977 regarding Fred J. Early, Jr. Company in the amount of $12.016.97 and professional services rendered in November, 1977 regarding PetersonlSimpson in the amount of $4,445.00 be approved along with a statement from Kahn and Associates for litigation consulting services in the amount of $1,500. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None Member Boneysteele noted that Kahn and Associates advised on their statement that a complete accounting of their services is available upon request and asked staff to request the accounting. Board Members reviewed the summary of outside litigation costs as related to Projects 5A-I and 5A-II. They expressed their satisfaction with the summary and requested that the summary be updated each month and submitted for their review. CLAIM OF MRS. MARILYN VINNECOMBE, 24 ORCHARD ROAD, ORINDA, FOR $110 IN RESIDENTIAL PROPERTY DAMAGE 11.. After discussion, it was moved by Member Boneysteele, seconded by Member Rustigian, that the claim from Mrs. Marilyn Vinnicombe in the amount of $110 resulting from stoppage in the main line sewer be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None 12 15 77 1190 12. CLAIM OF SHIRLEY CARR, 57 JENNIFER LANE, ALAMO, FOR $14,885.21 PROPERTY DAMAGE AT 2104 STEWART AVENUE, WALNUT CREEK After explanation by Mr. Dolan, General Manager-Chief Engineer, and Board discussion, it was moved by Member Boneysteele, seconded by Member Rustigian, that the claim of Mrs. Shirley Carr in the amount of $14,885.21 be referred to the District's insurance carrier. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None 13. APPOINTMENT OF KURT DARNER TO THE POSITION OF ENGINEERING AID I, RANGE 52-C, $1,118, EFFECTIVE JANUARY 3, 1978 After explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Boneysteele, seconded by Member Carlson, that Kurt Darner be appointed to the position of Engineering Aid I, Range 52-C ($1,118), effective January 3, 1978 and that a resolution be adopted to that effect. RESOLUTION NO. 77-389, A RESOLUTION APPOINTING KURT DARNER TO THE POSITION OF ENGINEERING AID I Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None 14. ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA None. VII I. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Project 5B-Phase I - Mr. Dolan advised that we will not be able to receive State approval of plan and specification for this project until late in January. This is due to the fact that there are other projects in the same category and at the same stage of progress, being currently reviewed by the State. b. Project 5B-Phase II - Work on the EIRIEIS has been suspended pending review by the State. The project is now scheduled for a State staff workshop discussion to try to find ways of getting the EIRIEIS completed. A decision might be reached at that time. Mr. Dolan has spoken to Larry Walker, Director of the State Water Revenue Control Board, regarding demonstration grant moneyfor this project. Mr. Walker is responsive to our ideas in this regard but has no funds to release until amendments to Public Law 92-500 have been approved by Congress and signed into law. c. Engineering Department - 1. Mr. Dolan reported that building connections were down for the month of November. 2. Four major secondary trunk sewer projects are under design. 3. Jack Best, Manager-Engineering Department, is compiling cost figures for three different types of expansions to the District Office building. 4. The Engineering Department has made the annual survey on the outfall. 5. It was noted that there has been continued gradual settlement of up to 4" over a two-year period. 6. There has been survey work done on the Martinez force main, which has been settling. 12 15 77 1191 d. Maintenance Department - 1. There were 21 plugged sewers in November, however service calls and stoppages were under last year's totals. 2. There was over 28,500 feet of pipeTV inspected in November. 3. The Boulevard Way sewer construction project has been completed. 4. Jim Coe, Senior Engineer, is conducting an extensive study towards developing plans to control sulfide problems. e. Plant Operations - 1. The flow for the month of November averaged 23.4 mgd. 2. Start-up is progressing satisfactorily, with a 15 mgd restriction while weirs are being modified. f. CAS A Registration - Mr. Dolan stated that he was able to obtain reservations for the CASA Convention on January 18-21, 1978 at the Erawan in Indian Wells for the Board Members. After discussion, it was moved by Member Boneysteele, seconded by Member Carlson, that staff be authorized to make accommodations at the Erawan in Indian Wells for four Board Members be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None 2. COUNSEL FOR THE DISTRICT a. PG&E Claim - The District has received a bill from PG&E for $67,312.64 for failure to fulfill its contractual obligation to start service at the Water Reclamation Plant at the specified time. In checking with Dave Niles, Manager-Plant Operations, the facts are accurate, however, the authority PG&E has to enforce the bill remains unclear. Mr. Carniato plans to meet with PG&E. b. Apartment House Claims - Mr. Carniato explained that the claim from General Western Company, et al, is based on the alledged inequities of the environmental quality charge as it relates to apartment house owners. Upon Counsel's recommendation, it was moved by Member Campbell, seconded by Member Rustigian, that the claim of General Western Company, et al, be denied and referred to District Counsel. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None c. St. Maryls College Claim - Mr. Carniato explained that this claim challenges the legality of Districtls environmental quality charge for. sewer service to the College considering the 1962 contract with the District. After report and recommendation by Counsel, it was moved by Member Rustigian, seconded by Member Campbell to deny the claim and refer it to Counsel. Motion carried by the following vote: AYES: NOES: ABSTAINING: ABSENT: Members: Members: t~ember : Members: Campbell, Boneysteele, Rustigian and Allan None Carlson None Member Carlson advised that his reason for abstaining was due to a possible conflict of intrest. 3. SECRETARY None. 12 15 77 ---- ---'-----"---------'---'--'- ------- 1192 4. COMMITTEES President Allan advised that he wished to make the following appointments at this time. Personnel Committee: Members: Campbell and Boneysteele Rustigian and Carlson Expenditure Committee: Members: President Allan recommended that a special committee be formed to deal with the plant dedication. Members Boneysteele and Carlson agreed to serve on this committee. At 9:35 P.M., President Allan recessed the meeting. At 9:42 P.M., President Allan reconvened the meeting. IX. MATTERS FROM THE FLOOR a. After discussion regarding the time of the Board meetings, President Allan suggested that it would be more convenient if the District Board meetings would begin at 7:45 P.M., rather than 7:30 P.M. It was brought to the Board1s attention that this would require an amendment to the Code. After discussion, it was moved by Member Boneysteele, seconded by Member Carlson, that the District Board meetings be called no earlier than 7:30 P.M., and no later than 8:00 P.M., and that an Ordinance be prepared to that effect. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None b. President Allan stated that until further notice, Board meetings will be scheduled to start at 7:45 P.M. c. Member Carlson informed the Board that ABAG has introduced a region-wide environmental master plan. The total cost of implementation of the plan will be approximately $600,000,000 a year, of which approximately 80% will go toward construction of wastewater and solid waste treatment plants. d. At the meeting of January 12, 1978, Board Members will receive the Conflict of Interest forms for filing and Mr. Carniato, Counsel for the District requested that they be filed by the last day of January, 1978. e. In answer to Board query, Mr. Dolan advised that the garbage franchise audits are progressing. The first audit reports will be brought to the Board in the near future. f. At 10:00 P.M., President Allan declared an Executive Session to discuss litigation matters. At 11:39 P.M., President Allan adjourned the Executive Session. g. As a result of discussions in Executive Session, it was moved by Member Boneysteele, seconded by Member Rustigian, to authorize up to $35,000 for Counsel to enga~e Lee Saylor, Inc., Consulting Cost Engineers, for additional services in connection with current Water Reclamation Plant litigation, be approved. Motion carried by the following vote: AYES; NOES: ABSENT: Members: Members: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None 12 15 77 1193 h. Also, as a result of discussion in Executive Session, it was moved by Member Rustigian, seconded by Member Carlson, that staff be authorized to order an audit of the Fred J. Early Claim, not to exceed $20,000. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None i. Member Boneysteele reported that the CASA Executive Committee had been renamed the Executive Board. x. ADJOURNMENT At 11:45 P.M., President Allan adjourned the meeting. . ~J Presi ent of the District Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Secr ry of th istrict Board of the Central Contra osta Sanitary District, County of Contra Costa, State of California 12 15 77