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HomeMy WebLinkAboutBOARD MINUTES 06-02-77 1043 MINUTES OF A REGULAR BOARD MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT JUNE 2, 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 June 2,1977 at 7:34 P.M. I. ROLL CALL PRESENT: Rustigian, Allan and Boneysteele ABSENT: None II. APPROVAL OF MINUTES None. IlL APPROVAL OF EXPENDITURES None. IV. HEARINGS None v. BIDS None. VI. OLD BUSINESS 1. REPORT OF INTERVIEW COMMITTEE FOR BOARD OF DIRECTOR CANDIDATES President Boneysteele advised that he had telephone conversations regarding the above matter, with Member Allan, wherein he reviewed the candidates' interviews, and with Member Rustigian. President Boneysteele also advised that Mr. Charles Risby and Mr. Geno Banducci had mailed their presentations because they were unable to attend the interviews due to prior commitments. He proceeded to read the presentations to the Board. Mr. Risby was present in the audience and on invitation of the Board made comments and answered questions posed by the Board. President Boneysteele read correspondence from Assemblyman Boatwright, Senator Nejedly and Mr. Harold A. Manus endorsing certain candidates. After Board discussion, it was the consensus that an appointment should be made at this time to fill the vacancy created by Mr. Gibbs' resignation. Member Rustigian recommended that Mr. Nels Carlson, Jr., be appointed to fill that vacancy, due to the strong showing he made as a Board candidate in the November 4,1975 election, and because of his demonstrated interest in District meetings and decisions. It was moved by Member Rustigian, seconded by Member Allan, that Mr. Nels Carlson, Jr., be appointed to fill the vacancy created by Charles J. Gibbs resignation until the next November 8,1977 election and that a resolution be adopted to that effect. RESOLUTION NO. 77-116, A RESOLUTION APPOINTING NELS E. CARLSON, JR. TO THE CENTRAL CONTRA COSTA SANITARY DISTRICT BOARD OF DIRECTORS Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Allan and Boneysteele None None 06 02 77 1044 Staff was instructed by the Board to officially notify Mr. Carlson in order that he may take his oath of office and be seated at the next meeting, June 9, 1977. After discussion, it was the consensus of the Board that the adjourned meeting of June 9, be adjourned to June 15 and there will be no regular meeting on June 16. Mr. Carniato, Counsel for the District, instructed the Secretary to post notice in regard to the meeting date change and to notify everyone who receives agendas of the change. President Boneysteele asked if there was anyone in the audience interested in particular business on the agenda. Mr. Dolan, General Manager-Chief Engineer, requested that Item 10 of New Business be heard since Mr. Hale is present. Hearing no objection, President Boneysteele digressed from the order of the agenda to take up the requested item. VI1. NEW BUSINESS CLAIM OF MR. BRUCE HALE, 48 VIA FLORADO, ORINDA, FOR $2,846.99 IN PROPERTY DAMAGE 10. Mr. Hale claims that settlement around a District manhole and sewer trench contributed to breaking up his concrete driveway, and therefore, is asking the District to pay half of his $5,693.99 repair bill. Mr. Hinkson, Manager-Maintenance Department, stated that while there was some settlement over our facilities, he does not feel it was sufficient to cause the problem. After discussion, it was moved by Member Rustigian, seconded by Member Allan, that the claim be denied and referred to the District's insurance carrier. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Allan and Boneysteele None None President Boneysteele reverted to the order of the agenda. V1. OLD BUSINESS 2. BUDGET - CONSIDERATION OF BUDGET RE~ Board Members and staff reviewed the items on the Maintenance- Operations Budget. Mr. Dolan, General Manager-Chief Engineer, requested of the Board that the Printing Calculator for the Engineering Department, Rights-of-Way Division, be approved immediately since it was needed to replace a broken calculator which was in frequent use. After discussion, it was moved by Member Allan, seconded by Member Rustigian, that authorization to replace an inoperative printing calculator at a cost of $500 be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Allan and Boneysteele None None Mr. Dolan, General Manager-Chief Engineer, requested authorization of $40,000 from the Sewer Construction Fund for the purchase of two 3,500 gpm sump pumps. Since the funds will be coming from the Sewer Construction Fund, this item will not be included in the 1977-78 budget. After discussion, it was moved by Member Allan, seconded by Member Rustigian, that authorization to take $40,000 from the Sewer Construction Fund to obtain bids for the purchase of two 3,500 gpm portable submersible pumps be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Allan and Boneysteele None None ()~ Ø.2 ~~ 1045 After further review and discussion regarding vehicle and equipment requests of the 1977-78 Budget, it was moved by Member Rustigian, seconded by Member Allan, that the following items be approved for purchase during the 1977-78 Budget year: VEHICLE ADDITIONS Maintenance Department 10 wheel dump truck (new) 2 trucks (replacement) Engineering Department Sub compact sedan (new) 3 trucks (replacement) Plant Operations Department 1975 1/2 ton pickup (now under lease) Administration Sedan (replacement) RADIO EQUIPMENT Maintenance Department 1 Base Station and Installation (replacement 2 2.,.way truck radi os (additi ona 1) $ 2,750 2,400 Engineering Department 3 2~way Truck Radios (additional) $ :3,;600 Plant Operations 2 ~-way Truck Radios (additional) $ 2,400 NEW EQUIPMENT Administration - Accounting Division Postage Meter $ 2,000 Engineering Department 1 Survey Measuring Instrument 1 Discriminating Metal Detector 1 pro 2-way Portable Communicator Units 1 Visual Aid Projector 1 Acu-Flow Stystem for Multigraph Press 1 Word Processing Equipment 1 Compucorp Replacement $10,000 450 350 650 300 5,000 1,400 Maintenance Department 1 65 gallon truck-mounted Emulsion 2 Electronic Metal Detectors 5 Miscellaneous Shop Tools 1 Electronic Calculator 4 Electric Impact Vibrators Paving Sprayer $_3,750 500 465 150 4,000 06 02 77 1046 1 1 Plant Operations Department Portable Combustion Gas and Oxygen Alarm Portable Toxic Gas Analyzer $ 900 500 900 12,500 6,000 1,400 2,500 725 2,000 800 950 500 Projector, l6MM with sound Portable Work Platform with Power Lift Power Line Disturbance Analyzer Vibration/Sound Level Meter Prolog PROM Programmer and Associated Personality Module 1 Temperature Potentiometer 1 set Maintenance Tools 5 Locking Cases with Glass Doors 30 Folding Chairs 1 Portable Moisture Balance 1 1 1 1 1 Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rustigian, Allan and Boney~teele None None At 9:07 P.M., President Boneysteele declared a recess. At 9:20 P.M., President Boneysteele reconvened the meeting. Mr. Bohn, Special Counsel for the District, advised the Board that Mr. A. Wasserman, Manager of Projects for Bechtel was present and requested that the Board depart from the order of the agenda and take up item VIII. REPORTS, 3. SPECIAL COUNSEL FOR THE DISTRICT, in order that Mr. Wasserman might address the Board. There being no objection, President Boneysteele digressed from the agenda to take up Item VIII, 3a. VIII. REPORTS 3. SPECIAL COUNSEL FOR THE DISTRICT a. Mr. Bohn reviewed the status of the Early Claim for the Board then referred to Mr. Wasserman of Bechtel for furhter comment. Mr. Wasserman addressed the Board and stated that since Bechtel was designated as the District's authorized representative in connection with the administration of the Fred J. Early contract, it is now being sued as a defendant. As a result of this suit, Bechtel has had to retain counsel for its defense. Mr. Wasserman is requesting that the District absorb the legal costs incurred, unless Bechtel is proven to have been negligent in its contractual agreement. At 10:31 P.M., President Boneysteele called an executive session to discuss this matter. At 10:40 P.M. President Boneysteele closed the executive session and reverted to the order of the agenda. VI. OLD BUSINESS 3. FINAL DESIGN WORK, PROJECT 5B, PHASE 1 (C-06-1000) Mr. Dolan, General Manager-Chief Engineer, explained to the Board that in order to meet the critical date for obtaining State grant money, it is imperative that we immediately begin the Stage 5B. Phase I, Design Work and requested Board authorization to execute an agreement with Brown and Caldwell for the Design Work after legal approval. The District has applied to RWQCB for special approval to start design work and we can expect to receive 30% funding approval within the next two weeks; full approval will not be forthcoming until project concept approval. 06 02 77 1047 After discussion, it was moved by Member Allan, seconded by Member Rustigian, that the President and Secretary be authorized to execute amendment No.6 to the Brown and Caldwell Contract for the completion of the 5B, Phase I Design Work, in the amount of $262,000, and authorize funding from the Sewer Construction Fund and any grant funds that can be obtain~d for that purpo~~. Motion carri~d by th~ following votQ~ AYES: Members: Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Members: None VII. NEW BUSINESS ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT AND ADOPTION OF RESPECTIVE RESOLUTIONS AND AUTHORIZE RECORDING 1. It was moved by Member Rustigian, seconded by Member Allan, that the easements, as listed below, be accepted at no cost to the District and that respective resolutions be adopted to that effect and that their recordation be authorized. RESOLUTION NO.77- 117, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM MEADOW POOL, A NON-PROFIT CORPORATION, JOB NO. 2855, PARCEL NO.1, ORINDA AREA RESOLUTION NO. 77-118, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM LAFAYETTE TENNIS CLUB, A PARTNERSHIP, JOB NO. 2791 PARCEL NO.3, LAFAYETTE AREA RESOLUTION NO. 77-119, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM LAFAYETTE TENNIS CLUB, A PARTNERSHIP, JOB NO. 2791 PARCEL NO.4, LAFAYETTE AREA RESOLUTION NO. 77-120, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM ROBERT R. KUCH AND SALLY M. KUCH, JOB NO. 2791 PARCEL NO.5, LAFAYETTE AREA RESOLUTION NO. 77-121, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM JOHN PERRELLI AND MARY K. PERRELLI, JOB NO. 2532 PARCEL NO.1, LAFAYETTE AREA RESOLUTION NO. 77-122, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM JACK L. MONROE TRUST, JOB NO. 2532, PARCEL NO.2, LAFAYETTE AREA Motion carried by the following vote: AYES: Members: Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Members: None 2. AUTHORIZE EXECUTION OF "CONSENT TO COMMON USE" WITH CONTRA COSTA COUNTY, JOB NO. 2791, PARCEL NO.5, NEAR CAMINO DIABLO, LAFAYETTE ADOPT A RESOLUTION AND AUTHORIZE RECORDING After explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Allan, seconded by Member Rustigian, that authorization to execute "Consent to Common Use" with Contra Costa County, Job No. 2791, Parcel No.5, be approved, a resolution adopted and its recording authorized. RESOLUTION NO. 77-123, A RESOLUTION AUTHORIZING THE EXECUTION OF THE CONSENT TO COMMON USE AGREEMENT BETWEEN CONTRA COSTA COUNTY AND CENTRAL CONTRA COSTA SANITARY DISTRICT, JOB NO. 2791, PARCEL NO.5 Motion carried by the following vote: AYES: Members: Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Members: None 06 o~ it 7 1048 06 3. AUTHORIZATION TO EXECUTE TWO "CONSENT TO DEDICATION OF EASEMENT" TO CONTRA COSTA COUNTY FOR DRAINAGE EASEMENT (DIABLO AND WALNUT CREEK) ADOPTION OF RESOLUTIONS AND AUTHORIZE RECORDING Upon explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Allan, seconded by Member Rustigian, that authorization to execute two "Consent to Dedication of Easement" to Contra Costa County for drainage easements, one in Diablo and the other in Walnut Creek, be approved, resolutions adopted, and their recording authorized. RESOLUTION NO. 77-124, A RESOLUTION AUTHORIZING EXECUTION OF CONSENT TO DEDICATION OF DRAINAGE EASEMENT, JOB NO. 1712, PARCEL NO.4, DIABLO AREA RESOLUTION NO. 77-125, A RESOLUTION AUTHORIZING EXECUTION OF CONSENT TO DEDICATION OF DRAINAGE EASEMENT, JOB. NO. 216, PARCEL NO.1, WALNUT CREEK AREA Motion carried by the following vote: AYES: Members: Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Members: None 4. AUTHORIZATION TO EXECUTE "CONSENT TO EXECUTION OF EASEMENT" TO CONTRA COSTA COUNTY FOR DRAINAGE EASEMENT (DANVILLE), ADOPT RESOLUTION AUTHORIZE RECORDING After explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Allan, seconded by Member Rustigian, that authorization to execute "Consent to Dedication of Easement" to Contra Costa County for drainage easement, Danville area, be approved, resolution adopted and its recordation authorized. RESOLUTION NO. 77-126, A RESOLUTION AUTHORIZING CONSENT TO EXECUTION OF A [jRJUNÄlf1AŠEt~ENT .OVER 'APOPTlØN, :OE 'OUR.[x'"Cl;1j($'IY-:r:" . -sANITARY SEWER EASEMENT, JOB NO. 1580, PARCEL NO.4 Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rustigian, Allan and Boneysteele None None 5. AUTHORIZATION FOR TWO PARCELS, P.A. 77-28 AND P.A. 77-29, BOTH IN MARTINEZ, TO BE INCLUDED IN PENDING ANNEXATIONS TO THE DISTRICT President Boneysteele expressed concern over authorizing furtber annexations in consideration of existing flow capacities. Mr. Dolan, General Manager-Chief Engineer, advised that staff has been working on a report which will outline the nature of the problem and recommend corrective measures. After discussion, it was moved by Member Allan, seconded by Member Rustigian, that authorization of P.A. 77-28 and P.A. 77-29, both in the Martinez area, be approved for inclusion in pending annexations to the District. Motion carried by the following vote: AYES: Members: Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Members: None 6. CONFIRM "AMENDED ASSESSMENT DIAGRAM" AND AUTHORIZE RECORDING OF SAID DIAGRAM, 54-2-2-9, HARPER LANE, DANVILLE After explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Rustigian, seconded by Member Allan, that the "Amended Assessment Di agram" for the foll owi ng assessment be confi rmed and authorization for recording of said diagram be approved; 02 77 1049 Original Assessment Number Amended Assessment No. Apportioned Amount 54229 54-2-2-11 54-2-2-12 $ 2,375.00 2,375.00 Motion carried by the following vote: AYES: Members: Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Members: None 7. DELINQUENT SEWER SERVICE CHARGES Mr. Dolan advised the Board that the District has 22 delinquent Sewer Service accounts. After discussion, it was moved by Member Rustigian, seconded by Member Allan, that authorization to give notice and hold a hearing on July 7,1977 with respect to delinquent sewer service charges be approved and that a resolution directing the preparation of a written report be adopted. RESOLUTION NO. 77-128, A RESOLUTION DIRECTING THE PREPARATION OF A WRITTEN REPORT, THE GIVING OF NOTICE AND THE HOLDING OF A HEARING WITH RESPECT TO DELINQUENT SEWER SERVICE CHARGES Motion carried by the following vote: AYES: Members: Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Members: None APPROVAL OF AGREEMENT WITH CITY OF WALNUT CREEK FOR WALNUT CREEK, LID 27, RUDGEAR DRIVE 8. After explanation and discussion, it was moved by Member Allan, seconded by Member Rustigian, that authorization for the President and Secretary to sign an agreement with the City of Walnut Creek, LID 27, Rudgear Drive, be approved. Motion carried by the following vote: AYES: Members: Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Members: None REQUEST AUTHORIZATION OF $5,000 FOR EMERGENCY RELOCATION DEER TRAIL. LAFAYETTE, AND ADOPTION OF RESOLUTION 9. After explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Allan, seconded by Member Rustigian, that authorization of $5,000 for emergency relocation of Deer Trail, Lafayette, be approved and a resolution be adopted to that effect. RESOLUTION NO. 77-127, A RESOLUTION DECLARING AN EMERGENCY FOR RELOCATION OF SEWER AT DEER TRAIL, LAFAYETTE, AT A COST OF ~OOO Motion carried by the following vote: AYES: Members: Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Members: None 10. CLAIM OF MR. BRUCE HALE, 48 VIA FLORADO, ORINDA, FOR $2,846.99 IN PROPERTY DAMAGE This item was taken up as first item of business following VI. OLD BUSINESS" Item 1. 11. ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA None. 06 02 77 1050 VII I. REPORTS 1. GENERAL MANAGER - CHIEF ENGINEER a. Mr. Dolan advised the Board that the Muth Drive Sewer Project has been awarded to Overmiller Roto-Rooter for $2411.20 b. Mr. Dolan reported that a presentation was made to the Senate Committee for Natural Resources and Wildlife. The Committee members expressed interest in our project, especially in relation to solid waste. c. Mr. Dolan advised that he had met with East Bay Municipal Utility District, State and County Health Officials to discuss the administration of reclaimed water sales and handling facilities. He stated that Mr. Fred Dierker, Regional Water Quality Control Board, proposed that EBMUD be appointed the lead agency for this project. East Bay MUD would have to grant permission to the users before they could obtain the water from the District and the District would be responsibile for maintaining certain records regarding the water delivery. Mr. Dolan indicated that he had informed East Bay MUD that the Central San Board would not agree to this procedure and wanted the project managed solely by the District. He requested direction from the Board as to how he should proceed with EBMUD. The Board stated that they were concerned that EBMUD was attempting to take over this CCCSD Project. Several alternatives for preventing this were considered including contacting the contractors in the area, working with Contra Costa Water and issuing a press release (subject to further Board approval). No logical explanation could be advanced for Mr. Dierker's support for the EBMUD role except for a concern on the part of Health Officials that in Marin County, water system people did a better job of administering a similar project last year than the Sanitary District people. 2. COUNSEL FOR THE DISTRICT Mr. Carniato requested an executive session later in the meeting for the purpose of discussing a personnel matter. 3. SPECIAL COUNSEL FOR THE DISTRICT a. The matter of Bechtel and the Early Claim was taken up as first item of business following VI. OLD BUSINESS, ITEM 2. b. Mr. Bohn reported that BASSA has filed a suit against the EPA and ABAG raising questions regarding interpretation of the Statute (Environmental Protection Act). EPA and ABAG filed a motion to dismiss the suit on grounds that Bassa had no jurisdication to question an agency such as EPA because the administrator of EPA had complete descretion as to how the budget should be spent. The court overruled the motions of EPA and ABAG and found in favor of BASSA. The next step will be for ABAG and EPA to file an answer to BASSA's complaint. c. Mr. Bohn advised that he has arranged to meet with Mr. Dolan and give him a claim by claim report on the Early litigation. d. Mr. Bohn gave a chronolgical report on the Contra Costa County Solid Waste Management Plan from the time of the formulation of the Interim Solid Waste Committee to the present day. The County Board of Supervisors is the lead agency and the Committee has been reconstituted with the same people as before. He stated that this will require careful attention and that he would give frequent reports on this subject. 06 02 77 1051 4. SECRETARY Mr. Hopkins read a "thank you" note from Mr. and Mrs. G. A. Horstkotte, Jr., for the dinner given by the Board Members honoring his retirement. 5. COMMITTEES None. IX. MATTERS FROM THE FLOOR a. President Boneysteele instructed the Secretary of the District to advise the candidates for the District Board that Mr. Nels E. Carlson, Jr. has been appointed to fill the vacancy created by Mr. Gibbs, and that the Board will announce the procedure for filling the second vacancy. b. Member Allan queried what effect the failure of the Sewer Bond in the Pittsburg-Antioch area would have on the Sanitary District. Board discussion followed. c. Member Allan reported that the owner of Elite Laundry has called him. Mr. Dalton, Deputy General Manager-Chief Engineer, stated that he is working on this matter, with a possible reclassification of the laundry from an industrial user to a commercial user or an adjustment in the District Industrial User Code Section. X. EXECUTIVE SESSION At 11:48 P.M., President Boneysteele declared an executive session to discuss a personnel matter. At 12:07 A.M., President Boneysteele closed the executive session. IX. ADJOURNMENT At 12:08 A.M., President Boneysteele adjourned the regular meeting to June 9,1977. COUNTERSIGNED: 06 o~ '77