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HomeMy WebLinkAboutBOARD MINUTES 12-02-76 933 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD DECEMBER 2, 1976 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 2, 1976. I. ROLL CALL PRESENT: ABSENT: Members: Gibbs, Mitchell, Rustigian, Allan and Boneystee1e Members: None II. APPROVAL OF MINUTES MINUTES OF THE MEETING OF NOVEMBER 4, 1976 1. After discussion, it was moved by Member Gibbs, seconded by Member Rustigian, that the minutes of November 4,1976 be approved with the following addition. Under IIVII. NEW BUSINESS, ITEM 811, in the title, insert Roman Numeral 1111.11 after the words IICrew Memberll. Motion carried by the following vote: AYES: Members: Gibbs, Mitchell, Rustigian, Allan and Boneystee1e NOES: Members: None ABSENT: Members: None III. APPROVAL OF EXPENDITURES None. IV. HEARINGS None. V. BIDS AUXILIARY CONTRACT - WATER RECLAMATION PLANT - PROJECT 5A, PHASE II 1. Mr. Horstkotte, General Manager-Chief Engineer, reported on the bids and requested that the award of the Auxiliary Contract for the Water Reclamation Plant, Project 5A, Phase II, be deferred to the meeting of December 9, 1976. VI. OLD BUSINESS 1. P G & E SECOND 115 KV POWER LINE Mr. Horstkotte, General Manager-Chief Engineer, explained to the Board Members, that at the meeting of November. 18, he requested authori- zation in the amount of $23,000 be approved to P G & E for additional cost incurred in the accelerated construction of substation 82. However,' due to a misunderstanding, the request authorization should have been $23,000 for engineering of a second 115 KV power line for the Water Reclamation Facility. Therefore, the check for $23,000 is now being held pending Board action. It was moved by Member Gibbs, seconded by Member Rustigian, that the $23,000 authorization of November 18, 1976 be withdrawn and a new authorization of $23,000 for engineering of a second 115 KVpower line for the Water Reclamation Facility be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele Members: None Members: None 12 02 76 93~ 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 Rustigian, that the easements, as listed below, be accepted at no cost to the District, and that respective resolutions be adopted and that their recordation be authorized. Grantor Job No. Parcel No. Meadow Pool 2773 2 Frank R. Muller, et ux 2773 3 Roger A. Ensley, et ux 2710 2 Karl G. Osterbert, et ux 2773 4 Title Ins. & Trust Co. 2730 1 Joan Van Ness 2730 2 Rodger C. Francher, et ux 2730 3 Michael W. Mann, et ux 2730 4 Er1e G. Hill, et ux 2710 1 Dominick Chiono 2710 1 William C. Wurschmidt, et ux 2770 2 Robert F. Campbell, et ux 2201 1 . Moraga Country Club Home Owners Assoc. 2201 3 RESOLUTION NO. 76-252, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM MEADOW POOL, - ORINDA AREA, (JOB NO. 2273) RESOLUTION NO. 76-253, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM FRANK R. MULLER AND JOSEPHINE A. MULLER, ORINDA AREA (JOB NO. 2773 - PARCEL NO.3) RESOLUTION NO. 76-254, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM ROGER A. ENSLEY SHIRLEY ENSLEY, LAFAYETTE AREA (JOB NO. 2710 PARCEL NO.2) RESOLUTION NO. 76-255, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM KARL G. OSTERBERG AND MARIANNE OSTERBERG, ORINDA AREA (JOB NO. 2773 -PARCEL NO.4) RESOLUTION NO. 76-256, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM TITLE INSURANCE AND TRUST CO., DANVILLE AREA (JOB NO. 2730 - PARCEL NO.1) RESOLUTION NO. 76-257, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM JOAN VAN NESS, DANVILLE AREA JOB NO. 2730 - PARCEL NO.2 RESOLUTION NO. 76-258, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM RODGER C. FANCHER AND NANCY L. FANCHER, DANVILLE AREA (JOB NO. 2730 - PARCEL NO.3) RESOLUTION NO. 76-259, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM MICHAEL W. MANN AND CLAUDIA A. MANN, DANVILLE AREA (JOB NO. 2730 - PARCEL NO.4) RESOLUTION NO. 76-260, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM ERLE G. HILL, JR. AND MARY HELEN HILL, LAFAYETTE AREA (JOB NO. 2710 - PARCEL NO.1) RESOLUTION NO. 76-261, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM DOMINCK CHIONO, PACHECO AREA JOB NO. 2770 - PARCEL NO.1 12 02 76 935 RESOLUTION NO. 76-262, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM WILLIAM C. WURSCHMIDT AND TONI M. WURSCHMIDT, PACHECO AREA (JOB NO. 2770- PARCEL-2) RESOLUTION NO. 76-263, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM ROBERT FRANKLIN CAMPBELL AND GEORGIENA MARY CAMPBELL - MORAGA AREA (JOB NO. 2201 PARCEL NO.1) RESOLUTION NO. 76-264, A .RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM MORAGA COUNTRY CLUB HOMEOWNERS ASSOC., MORAGA AREA, (JOB NO. 2201 - PARCEL NO.3) Motion carried by the following vote: AYES: Members: Gibbs, Mitchell, Rustigian, Allan and Boneystee1e NOES: Members: None ABSENT:, Members: None AUTHORIZATION FOR TWO PARCELS (P.A. 76-32&33) TO BE CONSIDERED IN PENDING ANNEXATIONS TO THE DISTRICT 2. After discussion, it was moved by Member Allan, seconded by Member Rustigian, that P.A. 76-32 (Martinez), P. A. 76-33 (Alamo) and P.A 76-34 (Martinez), listed on the agenda under IINEW BUSINESS 6, SUPPLEMENTAL AGENDA, a. II be approved. Motion carried by the following vote: AYES: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Members: None 3. APPOINTMENT OF DAVID R. STROUP TO THE POSITION OF OPERATOR I, SALARY RANGE 56-A ($1, 118 - $1,352) EFFECTIVE 12/1/76 After discussion, it was moved by Member Allan, seconded by Member Gibbs. that David R. Stroup be appointed to the position of Operator I, Range 56-A, ($1,118 - $1,352), effective December 1,1976 and that a resolution be adopted to that effect. RESOLUTION NO. 76-266, A RESOLUTION APPOINTING DAVID R. STROUP TO THE POSITION OF OPERATOR I Motion carried by the following vote: AYES: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Members: None 4. APPOINTMENT OF JIMMY LUJAN TO THE POSITION OF MAINTENANCE CREW MEMBER I, RANGE 50-A ($971 - $1,172), EFFECTIVE 12/6/76 After explanation by Member Allan, Chairman of the Personnel Committee, it was moved by Member Allan, seconded by Member Gibbs, that Jimmy Lujan be appointed to the position of Maintenance Crew Member I, Range 50-A ($971 - $1,172), effective December 6,1976, and that a resolutibn be adopted to that effect. RESOLUTION NO. 76-267, A RESOLUTION APPOINTING JIMMY LUJAN TO THE POSITION OF MAINTENANCE CREW MEMBER I Motion carried by the following vote: AYES: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Members: None 12 02 76 936 ELECTION OF BOARD DIRECTORS PRESIDENT FOR DECEMBER 1976 THROUGH NOVEMBER 1977 5. After discussion, it was moved by Member Gibbs, seconded by Member Allan, that President Boneysteele be nominated to continue as the President of the District Board. It was moved and seconded that nominations be closed and the Board unanimously elected President Boneys tee 1 e to conti nue as Pres i dent of the Board of Di rectors. through November 1977. ~ 6. ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA a. AUTHORIZATION FOR ONE PARCEL (P.A. 76-34) MARTINEZ AREA The Board took acti on on thi s item under II VI!. ITEM 211. NEW BUSINESS, AUTHORIZATION TO EXECUTE CONSENT TO DEDICATION OF PUBLIC ROAD OVER PARCEL 19, JOB NO. 1586 b. After discussion, it was moved by Member Allan, seconded by Member Rustigian, that authorization to execute consent to dedication of public road over Parcel 19, be approved and a resolution be adopted to that effect. RESOLUTION NO. 76-265, A RESOLUTION AUTHORIZING EXECUTION OF CONSENT TO DEDICATION OF A PUBLIC ROAD OVER PARCEL 19, JOB NO. 1586 Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneystee1e None None INFORMATION: 7. CORRESPONDENCE FROM ASSEMBLYMAN DANIEL E. BOATWRIGHT TO U.S. EPA ON STAGE 5B ENLARGEMENTS a. Board Members noted the letter from Assemblyman Boatwright dated November 29, 1976. President Boneysteele commented on the excellent quality of this letter. Discussion followed wherein Mr. Carniato, Counsel for the District, stated that the Board should give consideration to the contents of this letter at the December 9 meeting. 1. VIII. GENERAL MANAGER-CHIEF ENGINEER REPORTS a. Mr. Horstkotte advised the Board that an article regarding the Treatment Plant Facility has been published in BUSINESS WEEK magazine. President Boneysteele requested that said article be reproduced and distributed to the Board. . b. Mr. Horstkotte requested Board authorization for five days' vacation pay in lieu of time off for Ronald Reagan, Senior Accountant, and himself. After discussion, it was moved by Member Allan, seconded by Member Gibbs/that the General Manager-Chi-ef Enginee'rand.Mr..Ronald . . Reagan, Senior Accountant, be authorized five days vacation pay in lieu of time off. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele Members: None Members: No"ne ' 12 02 76 937 c. Mr. Horstkotte adviséd the Board that progress on the Plant Expansion program is going well. He reported that he had been attending a succession of meetings dealing with respective claims and law suits brought forth by the contractors. d. Mr. Horstkotte reported that the auditors are still conducting their audit for the EPA. Member Allan queried staff about filing a Notice of Completion to occupy the Administration Building at the Treatment Plant. . Mr. Bohn, Special Counsel for the District, stated that staff will occupy the building under the provisions of the contract without waiving any rights, except where occupancy interferes with actual construction. Staff will have a punch list for exposing any latent defects. 2. COUNSEL FOR THE DISTRICT Mr. Carniato reported that he did not draft a letter to Valley Community Services District regarding solid waste collection in the Larwin Annexation because there is a possibility the matter may be resolved. , 3. SPECIAL COUNSEL FOR THE DISTRICT a. Mr. Bohn reported that the County Solid Waste Management Plan has been approved and he has written for copies of the plan for distribution. to the Board. b. Mr. Bohn requested an executive session later in the meeting for the purpose of discussing the developments on the Fred J. Early contract. . 4. SECRETARY Mr. Hopkins reported that he has set up a meeting for December 15, between the Solid Waste Committee and the Cities of Martinez, Pleasant Hill and Concord. The City of Walnut Creek will not be able to attend due to a previous commitment. Member Mitchell stated that he felt that a representative from the collection agencies should be present. 5. COMMITTEES a. SOLID WASTE- Member Mitchell, Chairman of the Solid Waste Committee, read the 1 etter from Boyd 01 ney of Pl easant Hi 11 Di sposa 1, dated November 18, 1976, regarding a coming meeting with Teamsters Local 315. b. PERSONNEL COMMITTEE- Member Allan, Chairman of the Personnel Committee, requested for a short meeting of the Personnel Committee after the regular meeting. Member Allan passed ,out a list of applicants for the position of General Manager-Chief Engineer for further consideration and review. by . the Board. He requested that any questions the Board may have be presented on December 9. President Boneysteele queried Member Allan if he had made any decision regarding Mr. Ray Boege1s offer to assist the Board in screenlng applicants. After discussion, it was the consensus of the Board not to accept any assistance at this time.and to thank Mr. Boege for his offer. 12 02 76 938 IX. MATTERS FROM THE FLOOR Mr. Dalton, Deputy General Manager-Chief Engineer, advised the Board that there had been a meeting that morning between the District and three Cities for the purpose of discussing the Air Quality Mitigation Resolutions required of the Cities.by EPA as part of the 5B EIR/EIS approval. Representatives of the various Cities felt this Resolution had political implications since they were being asked to adopt something that would not be accomplished for two years. This resulted in a consensus that a meeting involving the policy makers of the affected agencies be arranged to discuss this matter. Mr. Horstkotte, General Manager-Chief Engineer, suggested that the President be authorized to draft a letter to the Mayor of the Cities involved requesting their assistance on the adoption of the Resolution. President Boneysteele requested Mr. Dalton to draft a letter for the President's signature and present it at the December. 9 meeting. At 8:38 P.M., President Boneysteele recessed the meeting and declared an executive session to discuss the litigation concerning the Fred J. Early contract. At 9:40 P.M., President Boneysteele closed the executive session and reconvened the meeting. After discussion, it was moved by Member Mitchell, seconded by Member Gibbs, that the General Manager-Chief Engineer be authorized to execute a Limited Notice of Completion with Fred J. Early, Jr. Company for the contract for Project 5A, Phase II, providing therein that portions of the contract involving electrical electrical systems be excluded, which will be reserved for future consideration, and that said Limited Notice of Completion be approved by Counsel for Bechtel Corporation, District's Project Engineer and Special District Counsel prior to filing, and that a resolution a be .adopted to that effect. RESOLUTION NO. 76-268, A RESOLUTION AUTHORIZING CONDITIONALLY THE FILING OF A NOTICE OF COMPLETION IN THE MATTER OF THE CONTRACT FOR PROJECT 5A, PHASE II, WITH FRED J. EARLY, JR. COMPANY, CONTRACTOR Motion carried by the following vote: AYES: NOES: ABSENT: Members: Member: Members: Gibbs, Mitchell, Allan and Boneystee1e . Rustigian None X. ADJOURNMENT At 9:43 P.M., President Boneysteele adjourned the meeting to 7:30 P.M, December .9, 1976. . COUNTERSIGNED: ./ .~P-v.? Se re ry of the Di~t ict Board of the Cen a1 Contra Costa Sanitary District, County of Contra Costa, State of California 12 02 76