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HomeMy WebLinkAboutBOARD MINUTES 04-07-77 1016 MINUTES OF A REGULAR BOARD MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT APRIL 7, 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 April 7,1977 at 7:30 P.M. 1. ROLL CALL PRESENT: Members: Gibbs, Mitchell and Boneysteele ABSENT: Members: Rustigian (excused) and Allan Member Allan arrived at 7:33 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 The minutes of the meeting of March 31,1977 were deferred to the meeting of April 21, 1977 for approval. III. APPROVAL OF EXPENDITURES After discussion, it was moved by Member Mitchell, seconded by Member Gibbs, that the expenditures including Sewer Construction Voucher Nos. 3071 through 3083 inclusive, along with Sewer Construction 121 through 140 inclusive; Running Expense Voucher Nos. 23847 through 23950 inclusive, along with Voucher Nos. 661 through 824 inclusive; LID No. 55 Voucher No. 12; and Payroll Voucher Nos. 4539 through 4718 inclusive be approved. Motion carried by the following vote: AYES: Members: Gibbs, Mitchell and Boneysteele NOES: Members: None ABSENT: Members: Rustigian and Allan IV. HEARINGS None. v . BIDS None. VI. OLD BUSINESS None. 1. VII NEW BUSINESS ACCEPTANCE OF EASEMENT AT NO COST TO THE DISTRICT AND ADOPTION OF RESPECTIVE RESOLUTIONS AND AUTHORIZE RECORDING It was moved by Member Mitchell, seconded by Member Gibbs, that the easement, as listed below, be accepted at no cost to the District and that a.resolution be adopted to that effect and that its recordation be authorlzed. G~antor Job No. Parcel No. Roy J. Anderson, et ux 2802 8 RESOLUTION NO. 77-78, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM ROY J. ANDERSON AND SANDRA K. ANDERSON, ALAMO OAKS AREA, (JOB NO. 2802 - PARCEL NO.8) 04 07 77 1017 Motion carried by the following vote: AYES: Members: Gibbs, Mitchell and Boneysteele NOES: Members: None ABSENT: Members: Rustigian and Allan ACCEPTANCE OF EASEMENT AT A COST OF $LOO FROM CHARLES E. LABAT, ET UX, JOB NO. X1579, PARCEL 26, WALNUT CREEK AREA 2. Mr. Bohn, Special Counsel for the District, explained that the easement is under Condemnation Action and was anticipated to be granted out of court prior to this date but has not as yet been executed by Mr. Labat. After discussion, it was moved by Member Gibbs, seconded by Member Allan, to authorize payment of $100 to Mr. Charles E. Labat for the easement, Job No. X1579, Parcel No. 26, Walnut Creek area. Motion carried by the following vote: AYES: Members: Gibbs, Mitchell, Allan and Boneysteele NOES: Members: None ABSENT: Member: Allan 3. APPOINTMENT OF FIVE AUTHORIZED OPERATOR III POSITIONS After explanation by David G. Niles, Manager-Plant Operations, it was moved by Member Allan, seconded by Member Gibbs, that the following 5 persons be appointed from the eligibility list to the positions of Operator III and resolutions be adopted to that effect: Lee Devol, Range 62-C (salary $1,418), Philip Huntsman, Range 62-A (salary $1,289), Sidney Miller, Range 62-C (salary $1,418), John Graham, Range 62-A (salary $1,289), and Nelson Custer, Jr., Range 62-A (salary $1,289). RESOLUTION NO. 77-79, A RESOLUTION APPOINTING LEE DEVOL TO THE POSITION OF OPERATOR II¡ RESOLUTION NO. 77-80, A RESOLUTION APPOINTING PHILIP HUNTSMAN TO THE POSITION OF OPERATOR III RESOLUTION NO. 77-81, A RESOLUTION APPOINTING SIDNEY MILLER TO THE POSITION OF OPERATOR III RESOLUTION NO. 77-82, A RESOLUTION APPOINTING JOHN GRAHAM TO THE POSITION OF OPERATOR III RESOLUTION NO. 77-83, A RESOLUTION APPOINTING NELSON CUSTER, JR. TO THE POSITION OF OPERATOR III Motion carried by the following vote: AYES: Members: Gibbs, Mitchell, Allan and Boneysteele NOES: Members: None ABSENT: Member: Rustigian 4. APPOINTMENT OF JAMES NAIL TO .THE POSITION OF PLANT ATTENDANT, RANGE 46-A, ($884), EFFECTIVE APRIL 1, 1977 After explanation by David G. Niles, Manager-Plant Operations, it was moved by Member Allan, seconded by Member Gibbs, that James Nail be appointed from the eligibility list to the position of Plant Attendant, Range 46-A ($884) and that a resolution be adopted to that effect. RESOLUTION NO. 77-84, A RESOLUTION APPOINTING JAMES NAIL TO THE POSITION OF PLANT ATTENDANT 04 0'1 77 ,--- --, ,-----,------------,-------- 1018 Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Gibbs, Mitchell, Allan and Boneysteele None Rustigian 5. REQUEST AUTHORIZATION TO EMPLOY JOHN GRIFFIN ON A TEMPORARY BASIS AT AN HOURLY WAGE OF $4.55 PER HOUR EFFECTIVE APRIL 8, 1977 After explanation by Robert H. Hinkson, Manager-Maintenance Department, it was moved by Member Allan, seconded by Member Gibbs, that John Griffin be employed, on a temporary basis, to assist in the equipment shop of the Maintenance Department. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Gibbs, Mitchell, Allan and Boneysteele None Rustigian 6. REVIEW AND APPROVAL OF BILLS FOR LITIGATION SERVICES After review and discussion, it was moved by Member Allan, seconded by Member Gibbs, that the statement dated April 7, from John A. Bohn, Special Counsel for the District, for litigation services totalling $1,675, together with the balance of the statement from Lempres & Wulfsberg dated March 23, pertaining to Kaiser vs. Peterson-Simpson in the amount of $70 be approved. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Gibbs, Mitchell, Allan and Boneysteele None Rustigian 7. ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA COMPLETION OF DISTRICT SEWERING PROJECT 2338, MUTH DRIVE, ORINDA Mr. Dolan, General Manager-Chief Engineer, requested that Jack L. Best, Manager-Engineering Department, review the status of DSP 2338. After explanation by Mr. Best, it was moved by Member Mitchell, seconded by Member Gibbs, that authorization to accept DSP 2338, and execute a Notice of Completion be approved. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Gibbs, Mitchell, Allan and Boneysteele None Rustigian VII I. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER Mr. Dolan advised the Board that staff will attempt to have the agenda and position papers delivered to the Board, in full, for their review on the Monday prior to the Thursday District Board meeting. 2. COUNSEL FOR THE DISTRICT a. Mr. Carniato requested an executive session later in the meeting for the purpose of discussing the Diablo Public Utility District. b. Mr. Carniato advised the Board as to the options it will have when Member Gibbs' impending change of residence from the Central Contra Costa Sanitary District to Solano County occurs. The options are as follows: filling the vacancy by appointment, calling an election within sixty days of the occurence of the vacancy or leaving the position vacant until the next regularly scheduled election in November of this year. 04 07 77 1019 Board discussion followed, with a decision to consider the matter at a future meeting. 3. SPECIAL COUNSEL FOR THE DISTRICT a. After explanation and discussion regarding the Fred J. Early contract claim (Water Reclamation Plant, 5A, Phase II), Mr. Bohn recommended that the Board reject the contractor's claim in the amount of approximately $3,700,000. Mr. Bohn also explained that the Early people are awaiting our rejection of this claim so that they may proceed with a suit against the District. It was moved by Member Allan, seconded by Member Gibbs, that the claim of Fred J. Early, in the approximate amount of $3,700,000 be rejected. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Allan and Boneysteele None Rustigian b. Mr. Bohn advised the Board that the State Solid Waste Commission has officially approved the Contra Costa County Solid Waste Plan, which means that the Solid Waste Management Committee will probably be reactivated to determine whether to establish a joint powers agreement or by what other means the plan will be implemented. Mr. Bohn also reported that he had been discussing with the garbage collectors possible plans for the conversion of garbage into energy for the treatment plant, as programmed under Stage 5B, Phase II. 4. SECRETARY None. 5. COMMITTEES None. IX. MATTERS FROM THE FLOOR a. Member Gibbs advised the Board that, as a BASSA trustee, he is being approached by the State Attorney's office for information on how the BASSA funds were distributed at the time the agency was dissolved. b. Member Allan submitted CASA material pertaining to a safety and accident review and the annual safety contest to Mr. Dolan. Mr. Dolan stated that he would review the material and report back to the Board. c. President Boneysteele extended a welcome from the Board to Mr. Dolan upon his commencement as the General Manager-Chief Engineer of the Sanitary District. At 8:00 P.M., President Boneysteele declared an executive session to discuss possible litigation concerning the Diablo Public Utility District and the Fred J. Early claim. At 8:35 P.M., President Boneysteele closed the executive session. X. ADJOURNMENT At 8:36 P.M., President Boneysteele adjourned the meeting. COUNTE R~NE 0 : -- --;Þ; ~$ ~ . 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