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HomeMy WebLinkAboutBOARD MINUTES 03-31-77 1010 MINUTES OF AN ADJOURNED REGULAR BOARD MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT MARCH 31, 1977 The District Board of the Central Contra Costa Sanitary District convened in an adjourned session at its regular place of meeting, 1250 Springbrook Road, Walnut Creek, County of Contra Costa, State of California, on March 31, 1977 at 7:30 P.M. I. ROLL CALL PRESENT: Members: Gibbs, Mitchell and Boneysteele ABSENT: Members: Rustigian (excused) and Allan Member Allan arrived at 7:40 P.M. President Boneysteele had previously stated that Member Rustigian would be away for this meeting and wished to be shown as excused. II. APPROVAL OF MINUTES 1. MINUTES OF MARCH 17, 1977 After discussion, it was moved by Member Mitchell, seconded by Member Gibbs, that the minutes of March 17, 1977 be approved subject to the following corrections: Under "VII. NEW BUSINESS, 10. CLAIM OF MICHAEL S. PARLOW OF VAN NUYS, FOR $400 IN VEHICLE PROPERTY DAMAGE," add "Orinda" to the end of the first sentence. Under "IX. MATTERS FROM THE FLOOR, d.lI, change the sentence to read as follows: "Member Allan gave the CASA Meeting material to Mr. Carniato, District Counsel, for his review." III. APPROVAL OF EXPENDITURES None. IV. HEARINGS None. v. BIDS None. V1. OLD BUSINESS 1. PRESENTATION OF SOLID WASTE RESOURCE RECOVERY, FULL SCALE TEST REPORT Mr. Ron Sieger, Brown and Caldwell Project Engineer, gave a presentation wherein he reviewed and explained the contents of the final Solid Waste Resource Recovery, Full Scale Test Report, Volumes I and II. Board discussion followed. Mr. Dalton, Deputy General Manager-Chief Engineer, requested Board authorization to send copies of the final report to the State Water Resource Control Board and the EPA. The Board approved the request. 03 31 77 1011 2. ADOPT THE FINAL EIR FOR JOB 2252, BOLLINGER CANYON RD. Mr. Dalton, Deputy General Manager-Chief Engineer, advised the Board that the State Grant Administration has indicated that the District will not receive full grant funding for this project but will probably receive funds enough to cure the existing problem. The District was proposing an 8" line connecting the existing leach line facility to the gravity sewer in Crow Canyon Road, but will now probably be restricted to an extension of the existing 8" and 4" leach 1 i ne faci 1 ity. Staff has requested that the District be allowed to use any grant funds for the construction of an 8" gravity pipeline for the canyon, with the idea that we could use watershed funds to extend the existing leach line facility. This is under review by the State. but approval is not probable. After discussion, Mr. Dalton recommended that the Board delay approval of the project until we receive project concept approval from the State Grant Administrator, but requested that the Board adopt the Final EIR. After further discussion, it was moved by Member Gibbs, seconded by Member Allan, that the Final EIR for Job 2252, Bollinger Canyon Road be adopted. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Allan and Boneysteele None Rustigian 3. APPROVAL OF EXPENSES OF GM-CE CANDIDATE After review and discussion, it was moved by Member Mitchell, seconded by Member Allan, that authorization of expenses incurred by Joel Wesselman for his interview on January 29,1977 be approved with the following deletions: cost of 1 night's lodging and auto expense for 1 day, resulting in a total amount of $266.39 to be paid. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Allan and Boneysteele None Rustigian 4. THOMAS PROPERTY (82 AC.) ANNEXATION FEES (LAFAYETTE COUNCIL AGENDA) Mr. Dalton, Deputy General Manager-Chief Engineer, reviewed the conditions surrounding the property as presented at the meeting of March 3, 1977. Mr. Gene DeBolt, Civil Engineer for the property, addressed the Board giving further explanation concerning request for annexation fee reduction for the various parcels the property. After discussion, it was requested that the minutes reflect that the Board is of the opinion that scenic easements should be considered differently than ordinary easements. It was the consensus of the Board that Mr. DeBolt return to the City of Lafayette and request that they establish separate tax parcel numbers for the buildable portion and the scenic easement portion of a particular parcel and that the Board follow the staff recommendation to take no action until the City of Lafayette establishes its L-R regulations and determines its policy in relation to scenic easements. 03 31 77 03 1012 5. AUTHORIZE ADDITIONAL $3,500 FOR MUTH DRIVE, ORINDA, RELOCATION AND REPAIR After explanation by Mr. Dalton, Deputy General Manager-Chief Engineer, it was moved by Member Allan, seconded by Member Gibbs, that authorization for an additional $3,500 for Muth Drive, Orinda, for relocation and repair be approved. Motion carried by the following vote: AYES: Members: Gibbs, Mitchell, Allan and Boneysteele NOES: Members: None ABSENT: Member: Rustigian 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 Allan, seconded by Member Gibbs, that the easements, as listed below, be accepted at no cost to the District and thatït resolutions be adopted to that effect, and that their recordation be aut on zed. Grantor Job No. Parcel No. R. K. Mason, et ux M. V. Carlson Shinghai Song & Li Chu Song 2808 2804 2752 2 2 2 RESOLUTION NO. 77-73, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM RICHARD K. MASON AND KATHY L. MASON, LAFAYETTE AREA, (JOB NO. 2808 - PARCEL NO.2) RESOLUTION NO. 77-74, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM MYRON V. CARLSON, WALNUT CREEK AREA, (JOB NO. 2804 - PARCEL NO.2) RESOLUTION NO. 77-75, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM SHINGHAI SONG AND LI-CHU SONG (JOB NO. 2752 - PARCEL NO.2) Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Gibbs, Mitchell, Allan and Boneysteele None Rustigian 2. AUTHORIZE EXECUTION OF "AGREEMENT RELATING TO REAL PROPERTY" WITH DAVID J. EFRON, ET UX, LOCATED AT 727 OLD JONAS HILL ROAD, LAFAYETTE, JOB NO. 2689 - PARCEL NO.2 After explanation by Mr. Dalton, Deputy General Manager-Chièf Engineer, it was moved by Member Allan, seconded by Member Gibbs, that authorization to execute "Agreement Relating to Real Propertyll with David J. Efron, et ux, located at 727 Old Jonas Hill Road, Lafayette, Job No. 2689-Parcel 2, be approved. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Gibbs, Mitchell, Allan and Boneysteele None Rustigian 3. REVIEW AND APPROVAL OF BILLS FOR LITIGATION SERVICES After discussion, it was moved by Member Allan, seconded by Member Mitchell, that the statements for litigation services dated March 1 and March 7, 1977 from John A. Bohn, Special Counsel for the District, Peterson-Simpson claim $1,110, Labat Condemnation Case $50 and Fred J. Early Contract $712.50, totalling $1,872.50 be approved; and that the statement 31 77 1013 from Lempres and Wulfsberg for legal services in connection with Kaiser Industries vs. Peterson-Simpson, et al in the amount of $297.50 also be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Allan and Boneysteele None Rustigian CLAIM OF IDA W. KAHRER, 60 TERRA BELLA DRIVE, WALNUT CREEK FOR $429 IN RESIDENTIAL DAMAGE 4. After explanation by Mr. Dalton, Deputy General Manager-Chief Engineer, it was moved by Member Mitchell, seconded by Member Gibbs, that the claim of Ida W. Kahrer, 60 Terra Bella Drive, Walnut Creek for $429 in residential damage be approved. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Gibbs, Mitchell, Allan and Boneysteele None Rustigian 5. INFORMATION a. LETTER FROM ROGER B. JAMES Board Members acknowledged receipt of correspondence dated March 17, 1977 from Roger B. James. b. MEET AND CONFER SESSION CCCSD EMPLOYEES' ASSOCIATION Board Members acknowledged receipt of memorandum from the Employees I Association dated March 31, 1977 regarding the "Meet and Confer Sessons. II 6. ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA a. EXECUTE CONSENT TO DEDICATION OF A PUBLIC ROAD After explanation by Mr. Dalton, Deputy General Manager-Chief Engineer, it was moved by Member Mitchell, seconded by Member Allan, that authorization to execute Consent to Dedication of a Public Road for Job No. 1597 and 1738 be approved and a resolution be adopted to that effect. RESOLUTION NO. 77-76, A RESOLUTION AUTHORIZING EXECUTION OF CONSENT TO DEDICATION FOR A COUNTY ROAD, JOB NO. 1597 AND 1738, WALNUT CREEK Motion carried by the following vote: AYES: NOES: ABSENT: ¡'1embers: Members: Nembers: Gi bbs, t~itche 11, A 11 an and Boneys tee 1 e None None b. CLAIM OF MR. RICHARD L. NICKLOFF, 10 JOLIE LANE, WALNUT CREEK ~$185 PROPERTY DAMAGE After explanation by Mr. Dalton, Deputy General Manager-Chief Engineer, it was moved by Member Gibbs, seconded by Member Mitchell, that authorization for the claim of Mr. Richard L. Nickloff, 10 Jolie Lane, Walnut Creek, in the amount of $185 for damage as a result of a stoppage in the main line sewer be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Gibbs, Mitchell, Allan and Boneysteele Members: None Member: Rustigian c; Board Members brought up the matter of Mrs. Julie Lopez and queried David Niles, Manager-Plant Operations, on her status. 03 31 77 1014 Mr. Niles responded that Mrs. Lopez was originally hired as vacation help to assist in his office and that employment has been terminated. He is now requesting to rehire her to the position of Records Clerk on a temporary basis. After further discussion, it was moved by Member Mitchell, seconded by Member Allan, to appoint Julie Lopez to the position of Records Clerk on a temporary basis and to give authorization to hold an examination and establish an eligibility list for the position of Records Clerk. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Allan and Boneysteele None Rustigian VII 1. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER d. Mr. Dalton, Deputy General Manager-Chief Engineer, advised the Board that Mr. John Carl,iato, District Counsel. has now been with the District for six months and he is recommending that Mr. Carniato be officially recognized as passing his probation and be considered a permanent employee. It was moved by Member Gibbs, seconded by Member Allan, that John J. Carniato, District Counsel, has satisfactorily served his probationary period and is now to be considered a permanent employee of the Sanitary District, with the understanding that Mr. Carniato serves at the discretion of the Board. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Allan and Boneysteele None Rustigian 2. COUNSEL FOR THE DISTRICT a. Mr. Carniato advised the Board that there maybe some legal impact resulting from the environmental quality charge. b. Mr. Carniato advised the Board that he has met with Mr. Stewart Butler, Vice President of Peterson-Simpson and their counsel in regard to the proposed contract claim. The next meeting will take place in three weeks at which time they expect to present in detail the total back-up for their claim. Mr. Carniato suggests that the District determine, if possible, how much of the claim the EPA will fund. We should have a better understanding of the claim within two months. 3. SPECIAL COUNSEL FOR THE DISTRICT Mr. Bohn requested time at the next meeting to disucss the Early matter. 4. SECRETARY a. Mr. Hopkins advised the Board that upon checking back in the minutes of previous years, the LAFCo Report regarding Blackhawk is correct. b. Mr. Hopkins requested that the Board consider adopting a resolution commending two District employees, Mr. Charles A. Doran and Mr. John Walter, for utilized talents and special duties performed in their aerial photography of the Treatment Plant Expansion. Their efforts and skills have saved the District considerable expense in connection with this project. 03 31 77 1015 After discussion, it was moved by Member Gibbs, seconded by Member Allan, that a resolution commending Mr. Charles A. Doran, Maintenance Supervisor and John H. Walter, Maintenance Technician III, for distinguished service to the District. RESOLUTION NO. 77-77, A RESOLUTION COMMENDING CHARLES A. DORAN MAINTENANCE SUPERVISOR AND JOHN H. WALTER, MAINTENANCE TECHNICIAN III, FOR DISTINGUISHED SERVICE TO THE CENTRAL CONTRA COSTA SANITARY DISTRICT Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Allan and Boneysteele None Rustigian 5. COMMITTEES None. IX. MATTERS FROM THE FLOOR a. Mr. Ron Reagan, President of the Employees' Association, requested a "Meet and Confer" session with the Personnel Committee to discuss certain matters pertaining to salaries and benefits. President Boneysteele requested that the General Manager-Chief Engineer designate contact the Personnel Committee in this regard. b. Member Gibbs indicated that he would be moving out of the county in the near future and would Counsel give him an opinion in regard to the effect on his status as a Board Member. c. President Boneysteele queried staff as to how the District stands on water conservation. Mr. Robert H. Hinkson, Manager of the Maintenance Department advised that we have been cutting back on consumption, but have no documented proof as yet. President Boneysteele advised the Board that Mr. Roger J. Dolan, General Manager-Chief Engineer designate has requested an executive session to discuss employment responsibilities. At 9:10 P.M., President Boneysteele recessed te meeting. At 9:24 P.M., President Boneysteele reconvened the meeting. At 9:25 P.M., Presideat Boneysteele declared an executive session to discuss employment responsibilities of the GM-CE designate. At 10:08 P.M., President Boneysteele closed the executive session. x. ADJOURNMENT At 10:09 P.M., President Boneysteele adjourned the meeting. COUNTERSIGNED: /ì / 03 31 77 ,---,-- -....---,..,'...----------.'...--'-'-- --,._,,_,---'--'--' --,_...,---------'- ..