HomeMy WebLinkAboutBOARD MINUTES 08-04-77
1093
MINUTES OF A REGULAR BOARD MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD AUGUST 4, 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 August 4, 1977 at 7:30 P.M.
President Boneysteele requested the Secretary to call roll.
1.
ROLL CALL
PRESENT:
ABSENT:
Members:
Member:
Campbell, Carlson, Rustigian and Boneysteele
A 11 an
President Boneysteele requested that the minutes reflect that
Member Allan had indicated he would be late due to a business commitment.
Member Allan arrived at 7:40 P.M.
II. APPROVAL OF MINUTES
MINUTES OF THE MEETING OF JULY 7, 1977
1.
Minutes were approved as presented.
2.
MINUTES OF THE MEETING OF JULY 14, 1977
Minutes were approved as presented.
III. APPROVAL EXPENDITURES
None.
IV.
HEARINGS
1.
COLLECTION OF ENVIRONMENTAL QUALITY CHARGE ON TAX ROLL
President Boneysteele declared the hearing open.
Mr. Dolan, General Manager-Chief Engineer, advised that the purpose
of this hearing is to determine whether it is a~propriate to collect
this previously_~stablished charge through the County tax roll.
President Boneysteele asked if there was anyone in the audience
wishing to be heard. There was no one.
In answer to Board query, Mr. Dolan advised that the County make?_G
to the District for placing the EQC.on the tax roll and collecting the
payments. Howev~r, the çharge is far less than the cost of collecting
the charge by direct billing. Mr. Carniato, Counsel for the District,
stated that this hearing is mandated by statute as a prerequisite to
placing the charge on the County tax roll.
It was the consensus of the Board that the EQC should be collected
on the County tax roll.
charge
There being no further questions, President Boneysteele declared the
hearing closed.
v.
BIDS
None.
\)~
o~
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1094
VI.
OLD BUSINESS
1.
ADOPT RESOLUTION PROVIDING FOR COLLECTION OF EQC ON TAX ROLL
It was moved by Member Rustigian, seconded by Member Carlson, that
a resolution providing for the collection of EQC on the County tax roll
be adopted.
RESOLUTION NO. 77-199, A RESOLUTION PROVIDING FOR THE COLLECTION OF
EQC ON THE COUNTY TAX ROLL
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Campbell, Carlson, Rustigian, Allan and Boneysteele
None
None
2.
BOND COUNSEL REPORT TO THE BOARD ON THE REQUIREMENTS FOR THE
FORMATION OF LOCAL IMPROVEMENT DISTRICT
Mr. Jerry Laster, District Bond Counsel, addressed the Board and
those in the audience on the procedure that must be taken in order to
form a Local Improvement District.
A preliminary hearing is held at first to consider whether or not
it would be feasible to sewer the proposed area under LID proceedings.
At that hearing an engineer's report, a cost estimate, and signed petitions
representing 75% of the assessed evaluation should be presented. The
statute requires that only 60% of the land area petition for the LID,
however, it is the District's policy to require 75% of assessed valuation
to petition the District for a LID as criteria establishing that the
particular area is ready for sewering. Once the above conditions have
been met and the Board has determined that a LID should be established,
the District is to notify each of the property owners within the proposed
improvement area that a hearing will be held, required to be within 30
days of date of notice. At the hearing a number of determinations would
be made to ascertain whether or not the LID should be approved. There
are also EIR requirements that must be met as part of the District's
obligation.
3.
PROPOSED FAIRWAY ANNEXATION AND LID - MR. URBAN PROPONENT
Mr. Urban, a property owner in Fairway Acres, addressed the Board
and described the area proposed for annexation and possible LID. He
stated that after examining the costs of putting in a sewer, it was
decided to investigate the formation of a Local Improvement District.
The District was contacted and he was advised of the procedures to
follow. Five of the seven owners have signed and submitted petitions
for annexation, which represent 67% of the assessed valuation.
In answer to query from the audience, Mr. Laster, Bond Counsel,
stated that those who are against the formation of the LID, may be
included against their will if no way can be found to omit them from the
proceedings.
Mr. Urban stated that the proponents propose to hire an engineer
and attorney, design a system to be approved by the District, possibly
even go to public bid, and then request the District to annex the area
and form a LID. The proponents would pay all fees and costs, including
EIR, and expect to be reimbursed out of the LID proceedings.
Mr. Carniato, District Counsel, asked Mr. Laster if there would be
any problems spreading this cost among property owners unwilling to be
included in the LID. Mr. Laster replied that there should be no problem
since this work is required as part of the LID proceeding. Mr. Carniato
asked if this could be a rebate line. instead of a LID financed line.
Mr. Dolan, General Manager-Chief Engineer, replied that the standard
size lines would be adequate to serve the maximum growth of the area and
no rebate would be anticipated.
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Mr. Dolan presented the following alternatives the Board could take
on the matter: (1) In the absence of 75% of assessed valuation signed,
turn down the request for annexation and LID; (2) Not to hold to the
75% requirement, do the engineering and legal work necessary to form the
LID in the area, and if the LID fails, the District would be responsible
for costs incurred; and (3) defer Board action and have the proponents
do the required work towards a LID and make a District determination
in the future.
President Boneysteele asked if there was anyone wishing to speak in
opposition to this project. Speaking in opposition were Mr. Bertero and
Dr. Dudley.
President Boneysteele pointed out to those involved, that the
District cannot assure annexation in light of the Treatment Plant flow
capacity. Discussion followed.
Mr. Dolan, General Manager-Chief Engineer, suggested that it would
be appropriate for Mr. Urban to (1) request annexation; (2) proceed with
engineering and develop a reliable cost estimate; and (3) come back to the
Board with final cost estimate. After further discussion, the Board
deferred action on the matter and delegated the responsibility to Mr.
Dolan, General Manager-Chief Engineer, to determine at which point this
matter should come back to the Board.
It was then moved by Member Rustigian, seconded by Member Carlson,
that the Board defer any action on the LID request until after the
proponents have completed engineering plans, specifications and EIR and
that the proponents should come back to the Board with their request
when costs have been determined. Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Member:
Members:
Campbell, Carlson, Rustigian and Boneysteele
Allan
None
At 9:03 P.M., President Boneysteele declared a recess.
At 9:11 P.M., President Boneysteele reconvened the meeting.
REQUEST FOR RECONSIDERATION OF ENVIRONMENTAL QUALITY CHARGE
FOR MULTIPLE RESIDENTIAL PROPERTIES
4.
Mr. Hoff of Consolidated Capital addressed the Board regarding the
Environmental Quality Charge as it relates to multiple residential
properties and in particular the Northridge Apartment Complex in Pleasant
Hill. He claimed that the charge for apartments is excessive and should
not be on the same basis as a single family residence, since an apartment
dwellers do not create as much sewage discharge.
As a result of an error in the number of units, the Northridge
Complex was billed for $5,000+ rather than $15,000+ for the EQC. Since
it is so late in their budget year, Mr. Hoff requested that the Board
waive the additional amount being billed by the District and that they
reconsider the EQC in relation to apartments. Mr. Carniato, District
Counsel, stated that he has reviewed the matter and finds no reason why
the Board is under compulsion to grant the requested waiver, and it
would be inappropriate under our Ordinance.
Mr. Dolan, General Manager-Chief Engineer, stated that apartments
may very well generate as much wastewater as single family residences
and recommended that a study be made.
After discussion, it was the consensus of the Board to accept
staff's recommendation to undertake a study to determine what the relationship
is between the waste water generated by apartments vs. single family
home. Study will be contingent upon the end of the drought and return
to normal water usage.
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1096
The Board declined to provide the requested relief to Mr. Hoff on
the billing error.
5.
ADOPT RESOLUTION RESCINDING RESOLUTION NO. 77-182, A RESOLUTION APPOINTING
DAVID ANDERSON TO THE POSITION OF MAINTENANCE CREW MEMBER I
Mr. Dolan, General Manager-Chief Engineer, explained that because
of Mr. Anderson's failure to pass the District physical examination, he
could not be hired.
After discussion, it was moved by Member Allan, seconded by Member
Carlson, that a resolution rescinding Resolution No. 77-182 be adopted.
~JSOLUIION NO. 77-200, A RESOLUTION RESCINDING RESOLUTION NO. 77-182
A RESOLUTION APPOINTING DAVID ANDERSON TO THE POSITION OF MAINTENANCE
CREW MEMBER I
Motion carried by the following vote:
AYES: Members: Campbell, Carlson, Rustigian, Allan and Beoneysteele
NOES: Members: None
ABSENT: Members: None
VII. 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 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.
Grantor Job No. Parcel No.
Roger K. Sherwood, et ux 383 Misc.
D. T. Hayden, et ux 2809 1
N. E.. Hamilton 2809 2
D. T. Hayden, et ux 2809 3
Century Homes Dev. Co. 2839 3
Las Trampas Partnership 2860 1
Dame' Construction Co. 2862 1
Dame' Construction Co. 2862 2
Dame' Construction Co. 2862 3
Dame' Construction Co. 2862 5
D. E. Lynch, et ux 2879 1 & 2
RESOLUTION NO. 77-201, A RESOLUTION ACCEPTING AN EASEMENT AT NO
COST TO THE DISTRICT FROM ROGER K.SHERWOOD AND CATHERINE P. SHERWOOD,
LAFAYETTE AREA, (JOB NO. 383, PARCEL MISC.)
RESOLUTION NO. 77-202, A RESOLUTION ACCEPTING AN EASEMENT AT NO
COST TO THE DISTRICT FROM D. T. HAYDEN AND PATRICIA G. HAYDEN,
ORINDA AREA, (JOB NO. 2809~ PARCEL NO.1)
RESOLUTION NO. 77-203, A RESOLUTION ACCEPTING AN EASEMENT AT NO
COST TO THE DISTRICT FROM NORMAN E. HAMILTON AND LIBBY HAMILTON,
ORINDA AREA, (JOB NO. 2809, PARCEL NO.2)
RESOLUTION NO. 77-204, A RESOLUTION ACCEPTING AN EASEMENT AT NO
COST TO THE DISTRICT FROM D. T. HAYDEN AND PATRICIA G. HAYDEN,
uKINÛA AREA, (JOB NO. 2809, PARCEL NO.3)
RESOLUTION NO. 77-205, A RESOLUTION ACCEPTING AN EASEMENT AT
NO COST TO THE DISTRICT FROM CENTURY HOMES DEVELOPMENT COMPANY,
ALAMO AREA, (JOB NO. 2839, PARCEL NO.3)
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RESOLUTION NO. 77-206, A RESOLUTION ACCEPTING AN EASEMENT AT NO
COST TO THE DISTRICT FROM LAS TRAMPAS PARTNERSHIP, DANVILLE AREA,
(JOB NO. 2860, PARCEL NO.1)
RESOLUTION NO. 77-207, A RESOLUTION ACCEPTING AN EASEMENT AT NO
COST TO THE DISTRICT FROM DAME' CONSTRUCTION COMPANY, INC.,
SAN RAMON AREA, (JOB NO. 2862, PARCEL NO.1)
RESOLUTION NO. 77-208, A RESOLUTION ACCEPTING AN EASEMENT AT NO
COST TO THE DISTRICT FROM DAME' CONSTRUCTION COMPANY, INC.,
SAN RAMON AREA, (JOB NO. 2862, PARCEL NO.2)
RESOLUTION NO. 77-209, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST
TO THE DISTRICT FROM DAME' CONSTRUCTION COMPANY, INC., SAN RAMON
A1a:A, (JOB NO. 2862, PARCEL NO.3)
RESOLUTION NO. 77-210, A RESOLUTION ACCEPTING AN EASEMENT AT NO
COST TO THE DISTRICT FROM DAME' CONSTRUCTION COMPANY, INC., SAN RAMON
AREA, JOB NO. 2862, PARCEL NO.5)
RESOLUTION NO. 77-211, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST
TO THE DISTRICT FROM DON E. LYNCH AND DEBORAH J. LYNCH, ORINDA AREA
(JOB NO. 2879, PARCEL NOS. 1 & 2)
Motion carried by the following vote:
AYES: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele
NOES: Members: None
ABSENT: Members: None
2.
AUTHORIZATION FOR ONE PARCEL P.A. 77-36 (WALNUT CREEK) TO BE
INCLUDED IN PENDING ANNEXATION TO THE DISTRICT
After discussion, it was moved by Member Allan, seconded by Member
Rustigian, that P.A. 77-36 (Walnut Creek) be approved for inclusion in
pending annexations to the District. Motion carried by the following
vote:
AYES: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele
NOES: Members: None
ABSENT: Members: None
AUTHORIZE EXECUTION OF REAL PROPERTY WITH THE WEST ROAD GROUP
A JOINT VENTURE LOCATED SOUTH OF WEST ROAD, LAFAYETTE
3.
Mr. Dolan, General Manager-Chief Engineer, requested that this item
be deferred.
AUTHORIZE EXECUTION OF QUITCLAIM DEEDS, ADOPT RESOLUTIONS
AND AUTHORIZE RECORDING
4.
After explanation by Mr. Dolan, General Manager-Chief Engineer, it
was moved by Member Rustigian, seconded by Member Allan, to approve the
execution of Quitclaim Deeds to B. L. Pagel, et ux, and W. K. Pike,
adopt respective resolutions and authorize their recording.
Grantor
Job. No.
Parcel No.
Barton L. Pagel, et ux
Wayne K. Pi ke
1529
1529
25
25
RESOLUTION NO. 77-212, A RESOLUTION AUTHORIZING EXECUTION OF QUITCLAIM
DEED TO BARTON L. PAGEL AND CICELY J. PAGEL, ORINDA AREA,
(JOB NO. 1529 - PARCEL NO. 25)
RESOLUTION NO. 77-213, A RESOLUTION AUTHORIZING EXECUTION OF UITCLAIM
DEED TO WAYNE K. PIKE, ORINDA AREA, JOB NO. 1529 - PARCEL NO. 25
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08
Motion carried by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Campbell, Carlson, Rustigian, Allan and Boneysteele
None
None
5.
CONFIRM "At~ENDED ASSESSt~ENT DIAGRAM" AND AUTHORIZE RECORDING OF SAID
DIAGRAM
After explanation by Mr. Dolan, General Manager-Chief Engineer, it
was moved by Member Allan, seconded by Member Rustigian, that the "Amended
Assessment Diagram" for the following assessment be confirmed and authorizatio
for recording of said diagram be approved.
Original
Assessment Number
Amended Assessment No.
Apportioned Amount
52-3-3-2
52-3-3-21
52-3-3-22
$1,860.78
930.38
Motion carried by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Campbell, Carlson, Rustigian, Allan and Boneysteele
None
None
6.
AUTHORIZE $125 FOR THE PURCHASE OF PARCEL POST SCALE
After explanation by Mr. Dolan, General Manager-Chief Engineer, it
was moved by Member Allan, seconded by Member Rustigian, that authorization
to purchase a parcel post scale for $125 be approved. Motion carried by
the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Campbell, Carlson, Rustigian, Allan and Boneysteele
None
None
7.
AUTHORIZATION FOR GENERAL MANAGER-CHIEF ENGINEER TO MAKE DETERMINATIONS
CONCERNING PAYMENT FOR VACATION TIME
Mr. Dolan, General Manager-Chief Engineer, explained that he would
like to establish a written policy determining payment of vacation time.
There have been two requests, one from Jack L. Best and the other
from Ed Bokinskie, for payment in lieu of vacation time off. In both
cases, they are at or over their limit for accumulated vacation time and
if some time is not taken by the end of this month, it will be lost.
At the present time it is not convenient for the District to have either
of these employees on vacation leave.
After discussion. it was determined by the Board that a written
policy on payment for accumulated vacation time should be established
delegating authority, under certain conditions, to the General Manager-
Chief Engineer to make independent decisions regarding payment. The
draft of this policy is to be brought to the Board for their review and
approva 1 .
After further discussion, it was moved by Member Allan, seconded by
Member Rustigian, that authorization for Jack L. Best to be paid for 30
days of his accumulated vacation time and Ed Bokinskie to be paid for 13
days of his accumulated vacation time, be approved. Motion carried by
the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Campbell, Carlson, Rustigian, Allan and Boneysteele
None
None
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1099
CLAIM OF EDWARD J. HCGARTY, 24 LACAMPANA, ORDINA, OF $66 FOR
SEWER CLEANING BILL
8.
After explanation, it was moved by Member Rustigian, seconded by
Member Allan, that the claim of Mr. Edward J. Hegarty, 24 La Campana,
Orinda, for sewer cleaning in the amount of $66 be approved. Motion
carried by the following vote:
AYES: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele
NOES: Members: None
ABSENT: Members: None
9.
ADOPT RESOLUTION ADOPTING ELIGIBLE LIST FOR CIVIL ENGINEERING
ASSISTANT II, RANGE 72 ($1,637-1,981)
After discussion, it was moved by Member Carlson, seconded by
Member Allan, that a resolution adopting the eligible list for Civil
Engineering Assistant II be approved.
RESOLUTION NO. 77-214, A RESOLUTION ADOPTING AN ELIGIBLE LIST
FOR CIVIL ENGINEERING ASSISTANT II
Motion carried by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Campbell, Carlson, Rustigian, Allan and Boneysteele
None
None
10.
CONSENT ITEM-AUTHORIZED BY THE BUDGET
a. After discussion, it was moved by Member Allan, seconded by
Member Rustigian, that a resolution appointing Jim Stroup to the position
of Construction Inspector Assistant, Range 64-A ($1,352), effective
August 1,1977 be adopted.
RESOLUTION NO. 77-215, A RESOLUTION APPOINTING JIM STROUP TO THE
POSITION OF CONSTRUCTION INSPECTOR ASSISTANT
Motion carried by the following vote:
AYES: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele
NOES: Members: None
ABSENT: Members: None
b. After discussion, it was moved by Member Rustigian, seconded by
Member Allan, that a resolution appointing Alan McKeegan to the position
of Operator III, Range 65-A ($1,384) effective August 15, 1977 be adopted.
RESOLUTION NO. 77-216, A RESOLUTION APPOINTING ALAN MCKEEGAN TO THE
POSITION OF OPERATOR III
Motion carried by the following vote:
AYES: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele
NOES: Members: None
ABSENT: Members: None
11. ADOPT RESOLUTION CANCELLING ELIGIBLE LIST (RESOLUTION 74-131)
FOR CONSTRUCTION INSPECTOR ASSISTANT
After discussion, it was moved by Member Allan, seconded by Member
Carlson, that a resolution cancelling the eligible list for Construction
Inspector Assistant be adopted.
RESOLUTION NO. 77-217, A RESOLUTION CANCELLING ELIGIBLE LIST FOR
CONSTRUCTION INSPECTOR ASSISTANT
Motion carried by the following vote:
AYES: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele
NOES: Members: None
ABSENT: Members: None
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1100
12.
AUTHORIZE THE POSITION OF CIVIL ENGINEERING ASSISTANT II, RANGE 72
1$1,637-1 ,98iT (TP)
After explanation by Mr. Niles, Manager-Plant Operations, and
further explanation by Member Allan, that this position should have been
in the Personnel Budget and is needed at the Treatment Plant, it was
moved by Member Allan, seconded by Member Carlson, that the establishment
of the position of Civil Engineering Assistant II, Range 72, in the
Plant Operations Department, subsequently eliminating the position of
Civil Engineering Assistant I, be approved.
AYES: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele
NOES: Members: None
ABSENT: Members: None
13.
REQUEST OF JULIA TERRY, ENGINEERING AID II, FOR A SIX MONTH
LEAVE OF ABSENCE FROM 10/1/77-3/31/78
After explanation by Mr. Dolan, General Manager-Chief Engineer, and
discussion by the Board, it was moved by Member Carlson, seconded by
Member Allan, that a three month leave of absence from October 1 to
December 31,1977 be approved with a possible three months extension
upon receipt, on or about December 31, 1977, of specific assurance that
the employee will return to work at the District on or before March 31,
1978. Motion carried by the following vote:
AYES: Member: Carlson, Rustigian, Allan and Boneysteele
NOES: Member: Campbell
ABSENT: Members: None
Upon request of Mr. Carniato, District Counsel, Items 14 through 16
were acted upon under one motion.
14.
ADOPT A RESOLUTION AUTHORIZING THE GENERAL MANAGER-CHIEF ENGINEER
TO ACT AS SECRETARY PRO-TEM IN THE ABSENCE OF THE SECRETARY
OF THE DISTRICT
ADOPT A RESOLUTION CONFIRMING AUTHORIZATION OF THE DEPUTY GENERAL
MANAGER-CHIEF ENGINEER TO EXECUTE DOCUMENTS
15.
16.
a. ADOPT A RESOLUTION CONFIRMING AUTHORIZATION OF THE GENERAL MANAGER-
CHIEF ENGINEER TO EXECUTE DOCUMENTS
b. ADOPT A RESOLUTION AUTHORIZING FILING APPLICATION FOR FEDERAL AND
STATE GRANTS FOR PUBLICLY OWNED WASTEWATER TREATMENT WORKS AND
PROVIDING CERTAIN ASSURANCES
It was moved by Member Allan, seconded by Member Rustigian, that
the following resolutions be adopted:
RESOLUTION NO. 77-218, A RESOLUTION AUTHORIZING THE GENERAL MANAGER-
CHIEF ENGINEER TO ACT AS SECRETARY PRO-TEM IN THE ABSENCE OF THE
SECRETARY OF THE DISTRICT
RESOLUTION NO. 77-219, A RESOLUTION CONFIRMING AUTHORIZATION FOR
THE DEPUTY GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE DOCUMENTS
RESOLUTION NO. 77-220, A RESOLUTION CONFIRMING AUTHORIZATION FOR
THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE DOCUMENTS
RESOLUTION NO. 77-221, A RESOLUTION AUTHORIZING FILING APPLICATION
FOR FEDERAL AND STATE GRANTS FOR PUBLICLY OWNED WASTEWATER TREATMENT
WORKS AND PROVIDING CERTAIN ASSURANCES
Motion carried by the following vote:
AYES: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele
NOES: Members: None
ABSENT: Members: None
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1101
17.
AUTHORIZE $175 FOR TRANSPORTATION TO ATTEND PIPE SEMINAR AT THE
UNIVERSITY OF UTAH
After explanation by Mr. Dolan, General Manager-Chief Engineer, it
was moved by Member Rustigian, seconded by Member Allan, that David
Johnson, Civil Engineering Assistant II, be authorized $175 for
transportation and reimbursement for expenses not provided for by the
sponsored pipe seminar at Utah State University in Logan. Motion carried
by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Campbell, Carlson, Rustigian, Allan and Boneysteele
None
None
18.
ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA
a. AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR DISTRICT SEWERING
PROJECT 2238/SM, A MODIFICATION OF SEWERS IN MUTH DRIVE, ORINDA,
PREVIOUSLY AUTHORIZED BY THE BOARD OF DIRECTORS
After explanation by Mr. Dolan, General Manager-Chief Engineer, it
was moved by Member Carlson, seconded by Member Rustigian, that the
General Manager-Chief Engineer be authorized to execute the "Notice of
Completion" for DSP 2238/SM. Motion carried by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Campbell, Carlson, Rustigian, Allan and Boneysteele
None
None '--
b. APPROVAL OF CERTAIN BILLS
After explanation, it was moved by Member Rustigian, seconded by
Member Allan, that authorization to pay the statement from John A. Bohn,
Special Counsel for the District, dated July 29, 1977 for litigation /
services in the amount of $2,245 be approved. Motion carried by the
following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Campbell, Carlson, Rustigian, Allan and Boneysteele
None
None
Member Carlson stated that since the bills are large, they should
be substantiated, and requested that they be presented for Board review
in advance of the meeting.
VII!.
REPORTS
1.
GENERAL MANAGER-CHIEF ENGINEER
a. Mr. Dolan informed the Board that he has been approached by
Gregory Gardens Water District for sewer service to receive filter
backwãsh from their water treatment facilít1es.
President Boneysteele indicated that if this District agrees to
accept the backwash water it would be advisable to enter into a contract
with the Water District, which stipulates a termination date for the
service and provides for a significant increase in cost for service
beyond that date.
b. Mr. Dolan informed the Board Members that the Treatment Plant
tour in executive session on August 6, 1977 would begin at 10:00 A.M.
2.
COUNSEL FOR THE DISTRICT
Mr. Carniato advised that he would be discussing the Peterson-
Simpson litigation at the August 6 executive session, and Mr. Bohn,
Special Counsel for the District, will discuss the Fred J. Early litigation.
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3.
SPECIAL COUNSEL FOR THE DISTRICT
Mr. Bohn recommended that the Board approve payment of claim by
Winton Jones in connection with the Fred J. Early, Jr., contract in the
amount of $84,188.82. If payment is made, the case against the District
will be dropped by Winton Jones and we will secure a release of cross-
complaint. The money to settle the suit will be paid from monies the
District is holding under the Fred J. Early Jr., 5A Phase II Contract.
4.
SECRETARY
None.
5.
COMMITTEES
None.
IX.
MATTERS FROM THE FLOOR
a. Member Allan expressed concern over the Federal Clean Water Act
which had just been voted out of Senate Committee.
Mr. Dolan explained that there are several issues in dispute between
the House and Senate which are being considered by a joint Committee.
If an extension of the Act is not granted by September 30, 1977, federal
grant funding authority will expire. It would not be possible to receive
any State financing since it is contingent upon Federal money. There is
a State bond election scheduled to provide additional State money.
b. Member Allan stated that he understood there is legislation
being considered to have Sanitary Districts authorize septic tanks. Mr.
Dolan stated this would be considered at the CASA meeting.
X.
ADJOURNMENT
At 11:05, President
COUNTERSIGNED:
,
Secre ry of the D' trict Board of the
Cent al Contra Costa Sanitary District,
County of Contra Costa, State of California
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