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HomeMy WebLinkAboutBOARD MINUTES 09-01-77 1116 MINUTES OF A REGULAR BOARD MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD SEPTEMBER 1, 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 September 1, 1977 at 7:40 P.M. President Boneysteele requested the Secretary to call roll. 1. ROLL CALL PRESENT: Members: ABSENT: Members: Carlson, Rustigian and Boneysteele Campbell (excused) and Allan President Boneysteele requested that the minutes reflect that the meeting started late due to lack of a quorum. Member Campbell had previously notified the Board President that he would be unable to attend the meeting of September 1, 1977 and requested to be excused. Member Allan arrived at 7:50 P.M. I!. APPROVAL OF MINUTES None. III. APPROVAL OF EXPENDITURES None. IV. HEARINGS None. V. BIDS None. v!. OLD BUSINESS APPROVAL OF PLANS AND PROJECT MANUAL (SPECIFICATIONS) AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR DSP 2656, OAK PARK BOULEVARD TRUNK SEWER 1. Mr. Dolan, General Manager-Chief Engineer, informed the Board that this is a sewer that will be built in the Pleasant Hill area to relieve local problems of inadequate capacity during wet weather conditions. This matter has been previously presented to the Board in 1974 for design and right-of-way acquisition and in 1976 for a Negative Declaration. The cost of the project is $514,500, of which $95,500 will be paid from the Watershed Account. Since there are insufficient funds in the Watershed Account to cover the entire cost, it will be necessary to borrow additional funds from the District Sewer Construction Funds. Member Carlson queried staff as to whether we are going to run out of funds in the Watershed Accounts and what is happening to the watershed program. Mr. Dalton, Deputy General Manager-Chief Engineer, explained to the Board that the project is a watershed project. There is, however, insufficient money in the Watershed Account for this particular watershed. 09 01 77 1117 Therefore, money will be borrowed from the Sewer Construction Fund to make up the difference. The Sewer Construction fund will be paid back as money comes in from new construction in this watershed. The rebate process is slow because the fees are collected from new users, therefore, recovery depends on development growth within the area. There is no provision for a specific inflation factor, however, this is allowed for in the total budget of the final wastershed plan. After further discussion, it was moved by Member Carlson, seconded by Member Allan, that the staff proposal to extend the sewer line as set forth in the plans and specifications and authorization to advertise for bids for DSP 2656, Oak Park Boulevard Trunk Sewer be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Carlson, Rustigian, Allan and Boneysteele None Campbell 2. REVIEW APPRAISAL OF UPPER ORINDA PUMP SITE AND MAKE DETERMINATION REGARDING SALE OF PARCEL Mr. Dolan, General Manager-Chief Engineer, advised the Board that the Upper Orinda Station has not been in service since 1962 and he is now requesting that it be declared surplus. Mr. Dolan stated that efforts to dispose of Lot 506 have proven unsuccessful. It has been suggested that the two sites be offered together after an appraisal. Mr. Carniato, District Counsel, explained that the problem with Lot 506 i s encumbered by an overl appi ng Ori nda Coontr'y Cl ub Deed of Trust. He has written to the owners of the Deed of Trust several times requesting a release but has had no response. Another factor being that Lot 506 is a very marginal building site. President Boneysteele asked if any of the Board Members objected to disposing of the two lots together. Member Carlson objected stating that the Upper Orinda Pumping site should be declared surplus and sold separately. / After further discussion, it was moved by Member Rustigian, seconded by Member Allan, to accept staff's recommendation and declare the Upper Orinda Pumping Station site and Lot 506 as surplus and that staff be authorized to offer them together at the appraised value (plus cost of appraisal and sales costs) should further attempts to sell Lot 506 separately prove fruitless. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Member: Member: Rustigian, Allan and Boneysteele Carlson Campbell ND~ BUSINESS VI!. 1. ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT, ADOPTION OF RESPECTIVE RESOLUTIONS AND AUTHORIZE RECORDING 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 to that effect and their recordation be authorized. Grantor Job No. Parcel No. 2924 1 2924 2 2940 1 2898 3 2898 2 2898 1 2905 1 2905 2 2873 1 2482 2 09 01 77 Dieter M. Scholz, et ux Dieter M. Scholz, et ux Cal Sierra West Richard H. Mossman James R. Kendall, et ux Richard H. Mossman Henry H. Stauffer, et ux Robert L. Bridges, et ux John F. McGuire Crocker Natll Bank 1118 09 RESOLUTION NO. 77-248, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM DIETER M. SCHOLZ AND NORMA SUE SCHOLZ, ORINDA AREA, (JOB NO. 2924 - PARCEL NO.1) RESOLUTION NO. 77-249, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM DIETER M. SCHOLZ AND NORMA SUE SCHOLZ, ORINDA AREA, (JOB NO. 2924 PARCEL NO.2) RESOLUTION NO. 77-250, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM CAL SIERRA WEST, LAFAYETTE AREA, JOB NO. 2940- PARCEL NO.1 RESOLUTION NO. 77-251, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM RICHARD H. MOSSMAN" LAFAYETTE AREA, JOB NO. 2898- PARCEL NO.3 RESOLUTION NO. 77-252, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM JAMES R. KENDALL AND MARY E. KENDALL, LAFAYETTE AREA, (JOB NO. 2898 - PARCEL NO.2) RESOLUTION NO. 77-253, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM RICHARD H. MOSSMAN, LAFAYETTE AREA (JOB NO. 2898- PARCEL NO.1) . RESOLUTION NO. 77-254, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM HENRY H. STAUFFER AND SUSAN W. STAUFFER, LAFAYETTE AREA, (JOB NO. 2905-PARCEL NO.1) RESOLUTION NO. 77-255, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM ROBERT L. BRIDGES AND ALICE M. BRIDGES, LAFAYETTE AREA, (JOB NO. 2905 - PARCEL NO.2) RESOLUTION NO. 77-256, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM JOHN F. MCGUIRE AND PATRICIA A. MCGUIRE, ORINDA AREA, (JOB NO. 2873 - PARCEL NO.1) RESOLUTION NO. 77-257, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM CROCKER NATIONAL BANK, PLEASANT HILL AREA, (JOB NO. 2482 - PARCEL NO.2) Motion carried by the following vote: AYES: Members: Carlson, Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Member: Campbell 2. r.CCEPT TEMPORARY WORKING EASEMENTS, JOB NO. 27~2 LOCATED ALONG THE EASTERN SIDE OF SPRR NORTH OF SAN RAMON, AT A COST OF $100 TO THE DISTRICT, ADOPT RESPECTIVE RESOLUTIONS AND AUTHORIZE RECORDING It was moved by Member Rustigian, seconded by Member Allan, that temporary working easements, as listed below, also the temporary working easement shown on the supplemental agenda under VII. NEW BUSINESS, 12e, be accepted at a cost of $100 each, respective resolutions adopted to that effect, and their recordation authorized. Grantor Job No. Parcel No. R. W. McCall, et ux 2742 12 A. W. King 2742 17 G. Svihula, et ux 2742 18 R. J. Golomb, et ux 2742 19 James R. Wentworth 2742 20 RESOLUTION NO. 77-258, A RESOLUTION ACCEPTING A TEMPORARY WORKING~EASEMENT FROM ROBERT W. MCCALL AND PAMELA DEAS MCCALL, JOB NO. 2742, PARCEL NO. 12, AT A COST OF $100 TO THE DISTRICT RESOLUTION NO. 77-259, A RESOLUTION ACCEPTING A TEMPORARY WORKING EASEMENT FROM ALBERT W. KING, JOB NO. 2742, PARCEL NO. 17, AT A COST OF $Tõõ TO THE DISTRICT 01 77 1119 RESOLUTION NO. 77-260, A RESOLUTION ACCEPTING A TEMPORARY WORKING EASEMENT FROM GARY SVIHULA AND DONNA SVIHULA, JOB NO. 2742, PARCEL NO. 18, AT A COST OF $100 TO THE DISTRICT RESOLUTION NO. 77-261, A RESOLUTION ACCEPTING A TEMPORARY WORKING EASEMENT FROM RICHARD J. GOLOMB AND PATRICIA C. GOLOMB, JOB NO. 2742, PARCEL NO. 19, AT A COST OF $100 TO THE DISTRICT RESOLUTION NO. 77-262, A RESOLUTION ACCEPTING A TEMPORARY WQR~lNG EASEMENT FROM JAMeS R. WENTWORTH AND SUSAN C. WENTWORTH, JOB NO. 2742, PARCEL NO. 13, AT A COST OF $100 TO THE DISTRICT Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Carlson, Rustigian, Allan and Boneysteele None Campbell 3. AGREEMENT RELATING TO REAL PROPERTY WITH RICHARD H. MOSSMAN LOCATED EAST OF RISA ROAD AND NORTH OF MT. DIABLO BOULEVARD IN LAFAYETTE, JOB NO. 2898, PARCEL NO.1 AGREEMENT RELATING TO REAL PROPERTY WITH JAROSLAV AND ANNA HOTAREK LOCATED IN WALNUT CREEK, JOB NO. 462, CONCRETE SWIMMING POOL AND DECK 4. Mr. Carniato, District Counsel, requested that Items 3 and 4 be handled together since they both relate to encroachment on the District's easements. Mr. Richard H. Mossman is requesting permission to maintain an existing concrete block shed with a slab floor which is located over a portion of a sewer easement and Mr. Hotarek requests permission to maintain a swimming pool and concrete deck adjacent to and partially within our sewer easement. After discussion, it was moved by Member Allan, seconded by Member Rustigian, that the "Real Property AgreemenC with Richard H. Mossman relieving the District or its agents of any responsibility for any damage to the property owner's improvements as a result of the sewer line operation and maintenance be approved and its recording authorized. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Carlson, Rustigian, Allan and Boneysteele None Camp be 11 After discussion, it was moved by Member Rustigian, seconded by Member Allan, that the "Real Property Agreement" with Jaroslav Hotarek relieving the District or its agents of responsibility of any damage to the property owner's improvements as a result of the sewer line operation and maintenance be approved and its recording authorized. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Carlson, Rustigian, Allan and Boneysteele None Campbell 5. DELINQUENT ENVIRONMENTAL QUALITY CHARGES Mr. Dolan, General Manager-Chief Engineer, explained that 410 commercial accounts are now delinquent with their environmental quality charge and he is requesting that the Board adopt a resolution and give Notice of Hearing with the object of collecting these delinquencies on the tax roll. After discussion, it was moved by Member Rustigian, seconded by Member Allan, that the Board adopt a resolution directing the preparation of a written report, the giving of notice and the holding of a hearing on October 6, 1977 with respect to delinquent environmental quality charges. 09 01 77 1120 RESOLUTION NO. 77-263, A RESOLUTION DIRECTING THE PREPARATION OF A WRITTEN REPORT, THE GIVING OF NOTICE AND THE HOLDING OF A HEARING WITH RESPECT TO DELINQUENT ENVIRONMENTAL QUALITY CHARGES Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Carlson, Rustigian, Allan and Boneysteele None Campbell AUTHORIZE PAYMENT OF $258.29 TO RETIREMENT PROGRAM AS DISTRICT'S SHARE OF RETIREMENT TIME PURCHASED BY ROBERT R. MARPLE #365-28-0670 7. Mr. Dolan explained to the Board that Mr. Robert Marple has purchased 2.7389 years retirement for prior service with the District. The District's share for .4889 years amounts to $258.29. After discusson, it was moved by Member Rustigian, seconded by Member Carlson, that authorization to pay to Contra Costa County Retirement Division, the District1s share of prior service purchased by Robert Marple in the amount of $258.29 be approved. Motion carried by the fo 11 owi ng vote: AYES: Members: Carlson, Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Member: Campbell 8. ADOPT RESOLUTION ADOPTING ELIGIBLE LIST FOR THE POSITION OF MAINTENANCE CREW MEMBER II After discussion, it was moved by Member Allan, seconded by Member Rustigian, that a resolution adopting an eligible list for Maintenance Crew Member II be approved. RESOLUTION NO. 77-264, A RESOLUTION ADOPTING AN ELIGIBLE LIST FOR THE POSITION OF MAINTENANCE CREW MEMBER II Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Carlson, Rustigian, Allan and Boneysteele None Campbe 11 9. ADOPT RESOLUTION APPOINTING JAMES ROBINSON TO THE POSITION OF MAINTENANCE CREW MEMBER II, RANGE 59-C ($1,320), EFFECTIVE SEPTEMBER 1,1977 After discussion, it was moved by Member Allan, seconded by Member Rustigian, that a resolution appointing James Robinson to the position of Maintenance Crew Member II, Range 59-C ($1,320) effective September 1, 1977 be approved. RESOLUTION NO. 77-265, A RESOLUTION APPOINTING JAMES ROBINSON TO THE POSITION OF MAINTENANCE CREW MEMBER II Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Carlson, Rustigian, Allan and Boneysteele None Camp be 11 10. ADOPT CLASS DESCRIPTION, PUMP STATION OPERATOR III After explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Allan, seconded by Member Carlson, that the class description for Pump Station Operator III be approved and a resolution be adopted to that effect. 09 01 77 1121 RESOLUTION NO. 77-266, A RESOLUTION ADOPTING THE CLASSIFICATION OF PUMP STATION OPERATOR III Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Carlson, Rustigian, Allan and Boneysteele None Campbell 11. AUTHORIZE PURCHASE OF TWO 3,600 GPM PORTABLE SUBMERSIBLE PUMPS, FUNDS AND RECEIPT OF BIDS AUTHORIZED 6/2/77 Mr. Dolan, General Manager-Chief Engineer, advised that sealed bids on two 3600 gpm submersible pumps were received on July 18, 1977 from the following companies. E. C. Cooley Company Walton-Hayes Associates, Inc. $27,989.88 22,850. Mr. Dolan advised that the Board had on June 2,1977 authorized the funds from Sewer Construction for purchase of these pumps and for staff to obtain bids. After discussion, it was moved by Member Carlson, seconded by Member Allan, that authorization to purchase two 3600 gpm submersible pumps from Walton-Hayes Associates, Inc., be approved. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Carlson, Rustigian, Allan and Boneysteele None Campbell 12. ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA a. REVIEW AND APPROVAL OF CERTAIN BILLS FOR LITIGATION SERVICES After explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Rustigian, seconded by Member Carlson, that the statement from John A. Bohn, Special Counsel for the District, for professional services rendered during the month of August, in the amount of $3,600 be approved. Motion carried by the following vote: AYES: Members: Carlson, Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Member: Campbell b. RESOLUTION NO. 77-222, ( NOTICE OF DETERMINATION) Mr. Dolan, General Manager-Chief Engineer, advised the Board that the Environmental Protection Agency informed the District that it was not satisfied with the language contained in our "Notice of Determination" resolution concerning the 5B, Phase I Project. Since that Agency has delayed the project to the point where there is no longer time to meet the requirements of the National Environmental Protection Act, the only alternative left is to file a "Negative Declaration", declaring that there will be no adverse environmental impact on to the air quality. Our Resolution No. 77-222 contains a statement to the contrary. Therefore, Resolution 77-222 must be rescinded and a new resolution adopted stating that there will be no adverse impact on the air quality as a result of the mitigating actions which we are taking. It was moved by Member Allan, seconded by Member Rustigian, that a resolution be adopted rescinding Resolution No. 77-222. RESOLUTION 77-267, A RESOLUTION RESCINDING RESOLUTION NO. 77-222 09 01 77 1122 09 Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Carlson, Rustigian, Allan and Boneysteele None Campbell It was moved by Member Rustigian, seconded by Member Allan, that a resolution adopting a Notice of Determination be approved. RESOLUTION NO. 77-268, A RESOLUTION CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE CENTRAL CONTRA COSTA COUNTY WASTEWATER MANAGEMENT PROGRAM AND APPROVING THE STAGE 5B ENLARGEMENTS, NOTICE OF DETERMINATION Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Carlson, Rustigian, Allan and Boneystee1e None Campbell c. AUTHORIZATION FOR ONE PARCEL, P.A. 77-39 (WALNUT CREEK AREA) TO BE INCLUDED IN PENDING ANNEXATIONS TO THE DISTRICT After explanation and discussion, it was moved by Member Rustigian, seconded by Member Carlson, that P.A. 77-39 (Walnut Creek area) be approved for inclusion in pending annexation to the District. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Carlson, Rustigian, Allan and Boneysteele None Campbell d. AUTHORIZATION FOR COST STUDY AND REPORT ON THE STAGE 5A PHASE I eûNSTRUCTION PROJECT Mr. Dolan stated that staff has been attempting to get the 5A, Phase I contractor to staff his project adequately and thereby complete the project in the near future. We have had little success. The most appropriate action available to us is to determine if the contractor has breached his contract and if so take appropriate action. The first step would be to retain a consulting cost engineering firm to conduct an analysis on a time and expense basis to analyze the job and establish the cost and time required to complete the Stage 5A, Phase I project. Brown and Caldwell will cooperate in providing raw information. After further discussion, it was moved by Member Carlson, seconded by Member Allan, that staff be given authority to retain a consulting cost engineer on a time and expense basis and advise the Board of the estimated cost at the meeting of September 15, 1977. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Carlson, Rustigian, Allan and Boneysteele None Campbell e. ACCEPTANCE OF TEMPORARY WORKING EASEMENT FROM JAMES R. WENTWORTH AT A COST OF $100 TO THE DISTRICT This item was acted upon as part of VII. NEW BUSINESS, ITEM 2. 2. COUNSEL FOR THE DISTRICT a. Mr. Carniato reported that after several calls, he has not yet received from KGO-TV a transcript of the tape alleging that the Treatment Plant is sinking. b. Mr. Carniato reported that Messrs. Dolan, Dalton and he had met with Valley Community Services District to discuss the garbage collection 01 77 1123 controversy. The questions are as to whether Valley Disposal or Oakland Scavanger has pickup rights and as to whether Valley Community Services District or Central San has jurisdiction over the solid waste. Mr. Carniato stated that they were informed by Mr. Ryan of Valley Community Services District, that there was no oversight in omitting the solid waste issue from the resolution passing jurisdiction for sewage collection in the Larwin area to Central San and in the amended contract with Oakland Scavengers. Mr. Carniato will advise Mr. Fagliano of Valley Disposal of the results of the meeting and added that the District is under no obligation to Valley Disposal in this matter. Mr. Dalton will set up a date to meet with Mr. Connery of LAFCo and the Valley Community Services District for further discussion regarding the solid waste issue. 3. SPECIAL COUNSEL FOR THE DISTRICT Mr. Bohn requested an executive session later in the meeting. 4. SECRETARY Mr. Hopkins reported that as of this date only two candidates have filed for the up coming Board election. President Boneysteele asked if there was any information pertaining to the length of Member Carlson's term. Mr. Carniato, District Counsel, replied that the California Code is silent on this matter. It is known that Member Campbell will be running for the full four years term. However, there is still a question as to whether Member Carlson's term will be for two or four years. The Election Department has determined that he is running for two years since he is filling out the unexpired term of Charles Gibbs, whereas, the vacancy created by Mr. Mitchell IS resignation is now expiring. 5. COMMITTEES a. Member Carlson advised that there is legislation pending, which if passed, will limit retention of monies due a contractor to no more than 5% and that the money will be put in interest bearing accounts with the contractor and/or sub-contractor as beneficiaries. Mr. Dolan, General Manager-Chief Engineer, stated that he has received correspondence from EPA advising that we may retain 10% for the first half of a project and nothing for the second half resulting in a 5% retention by the end of the job. If you are experiencing difficulty with the contractor, you can continue to retain up to the 10% retention during the second half of the project. This new legislation could have a serious impact on the ability of the owner to regulate contractors through control of payments. IX. MATTERS FROM THE FLOOR a. Mr. Bohn commented on the easement problems presented earlier and cited the cases of Trask and Harrison in Job No. 2153. b. Los Positas - President Boneysteele inquired if Gelderman was counting on the District to take care of their sewage problems. Mr. Dolan stated that it appeared that they were going to have to deal with Livermore; it is very difficult to imagine that Gelderman could plan to connect to CCCSD. c. Mr. Dolan complimented Mr. Bohn on the Solid Waste outline. Mr. Bohn stated he will give his solid waste report to the Board at the next meeting. At 9:30 P.M., President Boneysteele recessed the meeting. 09 01 77 1124 09 At 9:40 P.M., President Boneysteele reconvened the meeting and declared an executive session in regard to personnel and litigation matters. At 9:52 P.M., President Boneysteele closed the executive session. X. ADJOURNMENT At 9:53 P.M., President Boneysteele adjourned the meeting. Board of the itary District, State of California COUNTERSIGNED: , etary of the lS rict Board of the C tral Contra Costa Sanitary District, County of Contra Costa, State of California 01 77