HomeMy WebLinkAboutBOARD MINUTES 09-15-77
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MINUTES OF A REGULAR BOARD MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD SEPTEMBER 15, 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 15,1977 at 7:48 P.M.
I.
ROLL CALL
PRESENT: Members:
Campbell and Boneysteele
ABSENT:
Members:
Carlson, Allan and Rustigian
President Boneysteele requested that the minutes reflect the late
start of the meeting was due to lack of a quorum. He then established
an Ad Hoc Committee comprised of Member Campbell and himself to review
the business on the Agenda and submit a committee report recommending
action. The report to be considered later in the meeting or at a future
meeting when a quorum is present.
AD HOC COMMITTEE REVIEW OF BUSINESS AND RECOMMENDATIONS
II.
APPROVAL OF MINUTES
l.
2.
MINUTES OF THE MEETING OF AUGUST 25, 1977
MINUTES OF THE MEETING OF SEPTEMBER 1,1977
After discussion, the Committee recommendation to the Board was "00
Pass" with the following additions and deletions.
In the minutes of August 25, 1977, under "VI. OLD BUSINESS
3. ADOPT RESOLUTION CERTIFYING THE FINAL EIRIEIS AND APPROVING STAGE 5B
TREATMENT PLANT ENLARGEMENTS PROJECTS", add the following sentences to
the end of the third paragraph.
"Because there was insufficient time to process an EIS and because
the EPA felt there was no significant adverse environmental impact, the
EPA intended to proceed with a Negative Declaration in lieu of an EIS.
For that reason, Gilbert and Associates were directed to issue an EIR by
modifying the volume they have already prepared, eliminating any reference
to an EIS. II
Under "VI. OLD BUSINESS, 4. POLICY FOR PAYMENT OF ACCUMULATED VACATION
TIME", strike out the penultimate paragraph.
In the minutes of September 1,1977, under "VI. OLD BUSINESS, 2.
REVEIW APPRAISAL OF UPPER ORINDA PUMP SITE AND MAKE DETERMINATION REGARDING
SALE OF PARCEL",strike out the paragraph following the vote.
III.
APPROVAL OF EXPENDITURES
After review, the Committee recommended liDo Pass" for approval of
expenditures including Sewer Construction Voucher Nos. 3137 through 3146
inclusive, along with Vouchers Nos. 205 through 207 and 226 through 237
inclusive; Running expense Voucher Nos. 1583 through 1820 inclusive,
along with Voucher Nos. 1840 through 1990 inclusive; and Payroll Voucher
Nos. 694 to 898 inclusive.
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IV.
HEARINGS
None.
v.
BIDS
1.
BUDGET AUTHORIZED 10 WHEEL DUMP TRUCK
Mr. Dolan, General Manager-Chief Engineer, advised that there were
two bids received as follows:
Parker-Robb Chevrolet
Rett-White Ford
$33,176.75
35,621.06
Mr. Dolan recommended a.cceptanceof the low bid from Parker-Robb
Chevrolet for the 10 Wheel Dump Truck, expenditure authorized in 1977-78
budget.
Committee recommendation:
Do Pass
VI.
OLD BUSINESS
1.
REPORT BY JOHN BOHN, SPECIAL COUNSEL FOR THE DISTRICT
a.
SUMMARY REPORT OF EARLY LITIGATION
REPORT ON STATUS OF GARBAGE NEGOTIATIONS
b.
Mr. Bohn requested that both items be deferred to October 6, at
which time he will have both reports submitted in writing to the General
Manager-Chief Engineer.
Mr. Bohn did state that the existing Coordinating Body would in
fact be reconstituted as the "Management Agency".
Mr. Dolan, General Manager-Chief Engineer, commended Mr. Bohn on
the results of his efforts to expose weaknesses and difficulties with
the "Joint Powers Agreement" concept.
***********************
Member Allan arrived at 8:08 and explained that his late arrival
resulted from a traffic delay on the Bay Bridge.
After explanation to Member Allan of what had transpired prior to
his arrival, President Boneysteele dissolved the Ad Hoc Committee and at
8:10 P.M., convened the Regular Board Meeting and requested the Secretary
to ca 11 ro 11 .
I.
ROLL CALL
PRESENT: Members:
ABSENT: Members:
Campbell, Allan and Boneysteele
Carlson and Rustigian
Member Rustigian was excused due to a death in his family.
Member Carlson had previously requested to be shown as excused due
to a business commitment.
II.
APPROVAL OF MINUTES
After explanation of the Ad Hoc Committee recommendations, it was
moved by Member Campbell, seconded by Member Allan, that the minutes of
August 25, 1977 and September 1, 1977 be approved as recommended.
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1127
Motion carried by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
III.
Campbell, Allan and Boneysteele
None
Carlson and Rustigian
APPROVAL OF EXPENDITURES
After discussion and notation of the Ad Hoc Committee recommendation,
it was moved by Member Campbell, seconded by President Boneysteele, that
the expenditures be approved. Motion carried by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
None.
1.
Campbell, Allan and Boneysteele
None
Carlson and Rustigian
IV.
HEARINGS
V.
BIDS
BUDGET AUTHORIZED 10 WHEEL DUMP TRUCK
After discussion, and notation of the Ad Hoc Committee recommendation,
it was moved by Member Campbell, seconded by Member Allan that the bid
from Parker-Robb Chevrolet for the 10 wheel dump truck in the amount of
$33,176.75 be accepted. Motion carried by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
1.
,/
Campbell, Allan and Boneysteele
None
Carlson and Rustigian
VI.
OLD BUSINESS
REPORT BY JOHN BOHN, SPECIAL COUNSEL FOR THE DISTRICT
a.
b.
SUMMARY REPORT OF EARLY LITIGATION
REPORT ON STATUS OF GARBAGE NEGOTIATIONS
2.
These items were deferred to the meeting of October 6.
SUBSTITUTIONS OF ATTORNEY FOR THE EARLY CASE
After explanation by Mr. Carniato, District Counsel, it was moved
by Member Allan, seconded by Member Campbell, that the agreement consenting
to the substitution of John J. Carniato in the place of John A. Bohn as
the attorney representing the District in the Fred J. Early case be
approved. Motion carried by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Campbell, Allan and Boneysteele
None
Carlson and Rustigian
3.
ACCEPTANCE OF DEED FOR PARCEL PURCHASED FROM BARTO
Mr. Carniato reviewed the action taken by the Board at the
meeting of July 7,1977, authorizing him to negotiate and purchase for
the District the property adjacent to the Orinda Crossroads Pumping
Station and he is now requesting Board's acceptance of the Deed.
After discussion, it was moved by Member Campbell, seconded by
Member Allan, that the District Board accept the deed for the parcel
purchased from BARTD and a resolution be adopted to that effect.
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RESOLUTION NO. 77-269, A RESOLUTION OF ACCEPTANCE OF DEED FROM BARTD
FOR PROPERTY PURCHASED ADJACENT TO ORINDA CROSSROADS PUMPING STATION
Motion carried by the following vote:
AYES: Members: Campbell, Allan and Boneysteele
NOES: Members: None
ABSENT: Members: Carlson and Rustigian
1.
VII. NEW BUSINESS
ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT AND ADOPTION
OF RESPECTIVE RESOLUTIONS AND AUTHORIZE RECORDING
After discussion, it was moved by Member Allan, seconded by Member
Campbell, that easements, as listed below, (including the easements from
the Supplemental Agenda), 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.
James E. Keogh, et ux 2322 1
Brookside Ranch Co. 2885 1
A. David Cobo 2831 2
Interland Executive Park 2524 1
K. H. K. Boettger, et ux 2942 1
M. Renslo, et ux 2942 2
R. J. Townsend, et ux 2942 3
RESOLUTION NO. 77-270, A RESOLUTION ACCEPTING AN EASEMENT AT NO
COST TO THE DISTRICT FROM JAMES E. KEOGH, JR. AND BETTY KEOGH, JR.,
ORINDA AREA (JOB NO. 2322 - PARCEL NO.1)
RESOLUTION NO. 77-271, A RESOLUTION ACCEPTING AN EASEMENT AT NO
COST TO THE DISTRICT FROM BROOKSIDE RANCH COMPANY, WALNUT CREEK AREA
(JOB NO. 2885 PARCEL NO.1)
RESOLUTION NO. 77-272, A RESOLUTION ACCEPTING AN EASEMENT AT NO
COST TO THE DISTRICT FROM A. DAVID COBO & DOROTHY D. COBO, LAFAYETTE
AREA (JOB NO. 2831, PARCEL NO.2)
RESOLUTION NO. 77-273, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST
TO THE DISTRICT FROM INTERLAND EXECUTIVE PARK - WALNUT CREEK,
WALNUT CREEK AREA (JOB NO. 2524, PARCEL NO.1)
RESOLUTION NO. 77-274, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST
TO THE DISTRICT FROM KURT H. K. BOETTGER AND DARLENE M. BOETTGER
ORINDA AREA (JOB NO. 2942 - PARCEL NO.1)
RESOLUTION NO. 77-275, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST
TO THE DISTRICT FROM MORTEN RENSLO AND HILDA RENSLO, ORINDA AREA,
(JOB NO. 2942 - PARCEL NO.2)
RESOLUTION NO. 77-281, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST
TO THE DISTRICT FROM RICHARD J. TOWNSEND AND INEZ TOWNSEND
ORINDA AREA, (JOB NO. 2942 - PARCEL NO.3)
Motion carried by the following vote:
AYES: Members: Campbell, Allan and Boneysteele
NOES: Members: None
ABSENT: Members: Carlson and Rustigian
2.
ACCEPTANCE OF TEMPORARY WORKING EASEMENTS, JOB NO. 2742, LOCATED
ALONG EASTERN SIDE OF SPRR NURIH U~ SAN KAMUN, AI A cosr OF
$100 EACH TO THE DISTRICT, ADOPT RESPECTIVE RESOLUTIONS AND AUTHORIZE
RECORDING
Mr. Carniato, District Counsel, advised that he will be making a
report on this Job regarding those easements that may have to be condemned
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because of property owners refusal to grant a temporary working easement.
After discussion, it was moved by Member Allan, seconded by Member
Campbell, that the temporary working easements, as listed below, be
accepted at a cost of $100 each, respective resolutions adopted to that
effect and their recordation authorized.
Grantor
Job No.
Parcel No.
J. W. Burroughs, et ux
M. E. Tobin
Frank Vyskocil, et ux
2742
2742
2742
10
20
16
RESOLUTION NO. 77-276, A RESOLUTION ACCEPTING A TEMPORARY WORKING
EASEMENT FROM JOHN W. BURROUGHS AND DIANNE K. BURROUGHS, JOB NO. 2742,
PARCEL NO. 20, AT A COST OF $100 TO THE DISTRICT
RESOLUTION NO. 77-277, A RESOLUTION ACCEPTING A TEMPORARY WORKING
EASEMENT FROM MICHAEL E. TOBIN AND MARY P. TOBIN, JOB NO. 2742,
PARCEL NO. 10, AT A COST OF $100 TO THE DISTRICT
RESOLUTION NO. 77-278, A RESOLUTION ACCEPTING A TEMPORARY EASEMENT
FROM HENRY FRANK VYSKOCIL AND LINDA LEE VYSKOCIL, JOB NO. 2742,
PARCEL NO. 16, AT A COST OF $100 TO THE DISTRICT
Motion carried by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Campbell, Allan and Boneysteele
None
Carlson and Rustigian
3.
AUTHORIZATION FOR TWO PARCELS, P.A. 77-40 DANVILLE AREA AND
77-41 ALAMO AREA TO BE INCLUDED IN PENDING ANNEXATIONS TO THE
DISTRICT
Member Allan suggested a study session at a future date to further
discuss the flow capacity at the Treatment Plant as it relates to annexation
of new properties.
Mr. Dolan, General Manager-Chief Engineer stated that the District's
EIRIEIS on the Plant Expansion Project (including the energy plan), is
based on population projection of E-O and that the District is committed
to aid in the implementation of the ABAG Bay Area Air Quality Maintenance
Plan. ABAG's plan is based on a higher growth rate than E-O. Further
documentation will be forthcoming on this matter.
After further discussion, it was moved by Member Allan, seconded by
Member Campbell, that authorization for two parcels, P.A. 77-40 (Danville
Area) and P.A. 77-41 (Alamo Area) to be included in pending annexations
to the District be approved. Motion carried by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Campbell, Allan and Boneysteele
None
Carlson and Rustigian
/I
'-to
AUTHORIZATION FOR ROGER J. DOLAN AND DAVID G. NILES TO ATTEND THE
WATER POLLUTION CONTROL FEDERATION 50TH ANNUAL CONFERENCE
After discussion, it was moved by Member Allan, seconded by Member
Campbell, that Roger J. Dolan, General Manager-Chief Engineer, and David
G. Niles, Manager-Plant Operations, be authorized travel, registration
and actual exprense to attend the Water Pollution Federation Conference,
October 2-7,1977 in Philadelphia, Pa. Motion carried by the following
vote:
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09
AYES: Members:
NOES: Members:
ABSENT: Members:
Campbell, Allan and Boneysteele
None
Carlson and Rustigian
5.
AUTHORIZE ROGER J. DOLAN TO ATTEND THE MEETING OF THE CALIFORNIA
WATER POLLUTION CONTROL ASSOCIATION IN LOS ANGELES, SEPTEMBER 23-24, 1977
After discussion, it was moved by Member Allan, seconded by Member
Campbell, that Mr. Dolan, General Manager-Chief Engineer, be authorized
travel, registration and actual expenses to attend the CWPCA Governing
Board meeting, September 23-24, 1977. Motion carried by the following
vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Campbell, Allan and Boneysteele
None
Carlson and Rustigiall
6.
AUTHORIZATION TO APPOINT MICHAEL J. HENNESSY TO THE POSITION OF
MAINTENANCE ELECTRICIAN TECHNICIAN III, R 65-A, $1,384, EFFECTIVE
OCTOBER 1, 1977
After discussion, it was moved by Member Allan, seconded by Member
Campbell, that authorization to appoint Michael Jude Hennessy to the
position of Maintenance Electrician Technician III, Range 65-A, effective
October 1, 1977 be approved and a resolution be adopted to that effect.
RESOLUTION NO.77-279, A RESOLUTION APPOINTING MICHAEL J. HENNESSY
TO THE POSITION OF MAINTENANCE ELECTRICIAN TECHNICIAN III
Motion carried by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Campbell, Allan and Boneysteele
None
Carlson and Rustigian
7.
ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA
REVIEW AND APPROVAL OF CERTAIN BILLS FOR LITIGATION SERVICES
a.
It was moved by Member Allan, seconded by Member Campbell, that the
statement from John J. Carniato, dated September 8, for professional
services rendered in the cases of EBMUD vs. CCCSD and CCCSD vs. Peterson
Simpson, totalling $2,475 be approved. Motion carried by the following
vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Campbell, Allan and Boneysteele
None
Carlson and Rustigian
b.
ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT AND ADOPTION
OF RESPECTIVE RESOLUTIONS AND AUTHORIZE RECORDING
This item was acted upon under "VII. NEW BUSINESS, 1. ACCEPTANCE
OF EASEMENTS AT NO COST TO THE DISTRICT AND ADOPTION OF RESPECTIVE
RESOLUTIONS AND AUTHORIZE RECORDING
VIII.
REPORTS
1.
GENERAL MANAGER-CHIEF ENGINEER
a. Mr. Dolan gave a progress report on the various departments
for the month of August.
Maintenance Department - 41 miles of mainline sewer were cleaned,
31,000 feet of new sewer line televised and 976 feet of old sewer line
restored.
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Engineering Department - 53,000 feet of new pipe connected to the
District system (30,000 being public sewers). Connections in August
dropped off from previous month and from August 1976.
Administration - Application made for Step 3 Grant Funding for the
Stage 5B-I expansion. Environmental Assessment Statement of the EPA for
Project 5B-Phase I was published on September 9, and the review period
ends on September 30, which is also the deadline for Grant Funding
procedures. Mr. Dolan distributed copies of the EPA environmental
review. ABAG is considering the EPA Negative Declaration on the 5B-I EIR
this evening, September 15.
b. Gregory Gardens - Mr. Dolan reported that the District had been
aware of the flow capacity limitations in our system at the Gregory
Gardens Water District connection. Therefore, a clause was inserted in
our contract with the Water District requiring them to restrict their
filter backwash flow rate into the sewer. Gregory Gardens Water District
indicated that their discharge rate would be 750 gpm. This rate seemed
unrealistic and CCCSD requested a hydraulic test. The test proved that
their discharge rate is too great for the sewer to accept, and Central
San instructed Gregory Gardens to install an orifice flow restrictor to
limit their discharge rate to the capacity of the sewer in the vicinity
of the connection. The Water District's request to operate at a reduced
rate and without a low restrictor was refused. The District will schedule
another test to determine the size of the orifice required.
c. Mr. Dolan reported that Lee Saylor, Inc. is working on the
estimate of time and cost to complete 5A-I. They have been asked for a
cost of their work and have indicated that they will have an estimate in
time for the October 6 Board Meeting.
d. Mr. Dolan advised that he, along with David Niles, Manager-
Plant Operations and Mr. Carniato, District Counsel, had met with
Peterson-Simpson to review the status of their claim; and subsequently,
met with Kahn & Associates to review their progress in developing a CPM
ana lys i s of the Peterson-S impson work.
e. Mr. Dolan gave a progress report on the 5A-Phase I Plant Expansion
project. The boilers are in operation and it is anticipated the Administration
Building is scheduled for occupancy within three weeks. Secondary
facility start-up is scheduled for mid October, operating on canal
water. The furnaces should begin operation in late October.
2.
COUNSEL FOR THE DISTRICT
a. Mr. Carniato reported that the District is still encountering
problems with the Air Pollution Control Board. We have been fined for
two more odor violations. These fines are for hydrogen sulphide violations,
which are different from violations of the past.
Mr. Carniato recommended that the District pay these fines and
advise the Air Pollution Control Board that we are in the process of
correcting these situations and do not anticipate accepting any further
liability for these conditions until corrective work can be completed.
After discussion, it was moved by Member Allan, seconded by Member
Campbell, that authorization to pay the fines to the Air Pollution
Control Board be approved subject to Counsel's descretion and that
District Counsel advise them of the District's position in the matter.
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Campbell, Allan and Boneysteele
None
Carlson and Rustigian
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b. Mr. Carniato reported on the progress of the District Employees I
Deferred Compensation Plan. As of October 6, there will be an amended
Deferred Compensation Plan presented, the amendment being that it will
be voluntary for all employees to join. Employees who wish to participate
may do so by contributing a nominal monthly deduction to the fund. It
is anticipated that Hartford Insurance Company will be managing the
plan. John lePage, Member of the Deferred Compensation Plan Committee,
stated that Dean Witter will be the agent and assist Hartford in setting
up the procedures.
c. Mr. Carniato advised that there are some problems that may be
encountered in obtaining Permanent and Temporary Working Easements for
Job No. 2742, San Ramon. Mr. Carniato intends to write the property
owners that if they do not comply, he will obtain a court order requiring
them to remove any structures that are in the way. He is advising the
Board that there may be some litigation as a result of the letter.
d. Mr. Carniato advised that in regard to the District elections,
the incumbents were the only persons who filed. Therefore, the County
Board of Supervisors will make the appointments in lieu of an election.
He will send a letter to the County outlining Member Carlson's position,
which in all probability will be forwarded to County Counsel.
e. Mr. Carniato reminded the Board of the Condemnation Hearing
scheduled for October 6.
Mr. Carniato requested an executive session later in the meeting to
take up personnel and potential litigation matters
3.
SPECIAL COUNSEL FOR THE DISTRICT
None.
4.
SECRETARY
None.
5.
COMMITTEES
None.
IX.
MATTERS FROM THE FLOOR
President Boneysteele informed the Board and staff, that Member
Rustigian's father-in-law, Mr. Paul Agajan, has passed away and he
requested that the Board adopt a resolution expressing their condolences
to Mr. and Mrs. Rustigian.
It was moved by Member Allan, seconded by Member Campbell, that a
resolution expressing the Board's condolences to the Rustigian family be
adopted.
RESOLUTION NO. 77-280, A RESOLUTION EXPRESSING CONDOLENCES TO THE
RUSTIGIAN FAMILY IN THEIR HOUR OF LOSS
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Campbell, Allan and Boneysteele
None
Carlson and Rustigian
At 9:15 p.m., President Boneysteele recessed the meeting.
At 9:20 p.m., President Boneysteele reconvened the meeting and
declared an executive session to discuss personnel and potential litigation
matters.
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At 10:27 p.m., President Boneysteele closed the executive session.
x.
ADJOURNMENT
At 10:28 p.m., President Boneysteele adjourned the meeting,
.-
"--
,;
COUNTERSIGNED:
OJ
Secn tary of he D' trict Board of the
Central Contra Cos a Sanitary District,
County of Contra Costa, State of California
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